(Status 08/2024)
This is a translation of our original Terms and Conditions in German. It is for information purposes only and provided in order to outline the content of the German original. In all matters of specific interpretation, the German original shall take precedence.
For the sake of convenience, we use the pronoun ‘their’ in this document. All references apply to all genders equally.
By registering, the user (hereinafter ‘User’) of the myDGNB online platform declares to DGNB GmbH (‘DGNB’) their agreement that use of the myDGNB social intranet is subject to the following Terms and Conditions of Use
1. myDGNB
1.1 myDGNB is an online platform operated by DGNB GmbH (hereinafter ‘we’/’us’). myDGNB can be used by DGNB members, board members and employees of DGNB GmbH and Deutsche Gesellschaft für Nachhaltiges Bauen – DGNB e.V., trained experts, participants in initiatives and other interested parties. Among other things, it hosts content provided by us and third parties, and various groups where posts can be published. Use of myDGNB is free of charge.
1.2 myDGNB can only be accessed via the internet. Availability may therefore be interrupted, for example due to disruptions in public communication networks or power failures. Hence, permanent availability is not guaranteed. Furthermore, myDGNB is partially or completely unavailable during normal maintenance periods (e.g. when updates are being installed); however, we endeavour to schedule these maintenance periods at times of low usage whenever possible.
1.3 We may make changes to myDGNB at any time, in particular extensions of myDGNB, while maintaining the essential functions of myDGNB. Significant changes will be announced on the myDGNB website at least one month before they are introduced.
2. Registration
2.1 In order to use myDGNB, it is first necessary to register in the self-service area in accordance with the conditions set out therein. There is no entitlement to registration. We may therefore reject a registration request. Only persons aged 18 or over may register with myDGNB. Lebensjahr vollendet hat. Registration and use are only possible under the User's own name. Anonymous posts or pseudonyms are not permitted. If mandatory fields are omitted during registration, the User will be advised of this when completing the form. If incorrect data is entered, the User can repeat the registration process at any time. Once registration is complete, Users can change the details in their user account at any time by going to the self-service area.
2.2 Only Users themselves may use the access granted to them; they shall not make it available to third parties. The username and password for use of myDGNB shall be kept safe at all times and not disclosed to third parties. We must be notified immediately if it is suspected that an unauthorised third party may have gained knowledge of the password and username. We will not communicate the password to third parties and will not ask the User for their password at any time other than as part of the login process.
2.3 The User can view these Terms and Conditions of Use at https://my.dgnb.de/en/terms-and-conditions, save them as a PDF and print them out. The contract language is German.
2.4 The User agrees always to enter up-to-date, correct and complete information in myDGNB. The User shall make any necessary changes, in particular updates to their personal details, without delay.
3. Content on myDGNB
3.1 Images, videos, texts, audio files and other content on myDGNB may be protected by copyright or other laws. This also applies to content that other users have posted on myDGNB. The User is only permitted to download and print content for personal, non-commercial use. The User is expressly forbidden to reproduce or save the contents of the portal for other purposes or make them available to third parties.
3.2 The User is personally responsible at all times for ensuring that they may post the relevant content on myDGNB and have all the necessary rights to do so. By posting content on myDGNB, the User also agrees that other users may use this content to the extent stated.
3.3 The User is expressly forbidden to:
- Post illegal or immoral content on myDGNB, in particular content of an offensive, defamatory, racist, anti-constitutional, violent or pornographic nature.
- Post data containing a virus, trojan or similar malware.
- Carry out technical manipulations that adversely affect or could adversely affect the accessibility of myDGNB.
- Post content that infringes third-party rights – this may include, in particular, images and videos that Users have not taken themselves or have not been authorised to publish, but also images, videos and audio files that infringe the personal rights of a third party.
- Publish content (including URLs to external websites) that has no connection with myDGNB.
3.4 If we become aware of an infringement of rights, we will immediately remove the relevant content from myDGNB.
4. Reporting unauthorised use, moderation, legal remedies
4.1 Users and third parties can report unauthorised use of myDGNB, in particular illegal use or use in breach of these Terms and Conditions of Use, for example due to unauthorised content, to our contact point indicated in the imprint. We will decide on all information received in this way promptly, carefully, non-arbitrarily and objectively.
4.2 In the event of unauthorised use, in particular a breach of the obligations under Section 3, we may block the User's access to myDGNB in whole or in part, temporarily or permanently. If we choose to take this step, we will take into account the legitimate interests of all parties involved and the circumstances of the breach of obligations, in particular the number of times it has occurred, the nature, severity and extent, and any fault on the part of the User.
We will remove unauthorised content from myDGNB as soon as we become aware of it.
4.3 We will immediately inform both the person reporting unauthorised use and the User accused thereof about our decision regarding the reported information, the steps taken and possible legal remedies against our decision.
4.4 If the User believes that we have wrongly removed their content from myDGNB or blocked their access unfairly, they can request a review of the decision via the contact point indicated in the imprint. Further information about our internal complaints management procedure, out-of-court dispute settlement and judicial remedies can be found here here.
5. Blocking
5.1 In the event of a breach of the User's contractual obligations, in particular the obligations under Section 3, we may suspend (‘block’) the User's access to myDGNB in whole or in part, temporarily or permanently. If we choose to take this step, we will take into account the interests of the User, in particular the nature and extent of the breach of obligations and any fault on the part of the User.
5.2 We are also entitled to block access if third parties (e.g. other users) plausibly demonstrate an infringement of rights – such as an infringement of copyright – by the User; we do not have to check the degree to which an alleged infringement is justified, but the User is entitled to take legal steps in their defence.
5.3 In all cases, we will inform the User immediately of steps taken and give them the opportunity to comment.
6. Contract term, cancellation or deactivation of the account, changes to the Terms and Conditions of Use
6.1 The user agreement is valid for an indefinite period.
6.2 The User may terminate their participation in myDGNB at any time without giving reasons. Termination by the User takes place through complete and permanent deletion of their myDGNB account.
6.3 The account will be automatically and permanently deleted and the user relationship thereby ended if it has been inactive for 365 days.
6.4 Irrespective of the possibility of blocking a User in accordance with Sections 5.1 and 5.2, we may terminate the user agreement at two weeks' notice to the end of a month. The right to extraordinary termination remains unaffected.
6.5 Upon termination of the user relationship, the content entered by the User on myDGNB is not automatically deleted; we may delete the content at our discretion, in particular if it is no longer up to date.
6.6 We may add to or otherwise change these Terms and Conditions of Use if necessary due to changes in legal, regulatory or technical conditions or the introduction of new functions, and if the change is reasonable taking into account the interests of Users. We will announce the corresponding changes to the Terms and Conditions of Use via email sent to the email address provided by the User at least one month before the changes are planned to enter into effect. Consent to the announced changes shall be deemed to have been given if the User does not object to the change in writing within three weeks of receipt of the change notice. We will draw attention to this in the change notice. If the change is opposed in due form and time, the user relationship will continue under the previously agreed conditions. We reserve the right to then terminate the user relationship at the earliest possible date. Changes to the Terms and Conditions of Use will also become part of the contract if myDGNB continues to be used after the change has been announced and has come into effect, e.g. if the User logs in again.
7. Data protection
We provide information regarding our handling of the User's personal data at https://my.dgnb.de/en/data-privacy-policy
8. Online dispute settlement, dispute resolution
The European Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without having to go to court. The dispute settlement platform can be accessed via the external link to http://ec.europa.eu/consumers/odr. Our email address is: info@dgnb.de . We always endeavour to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we have decided not to participate in arbitration proceedings. We are not obliged to do so.
9. Severability clause
If individual parts of these Terms and Conditions of Use are or become invalid, this shall not affect the validity of the remaining provisions.