a) Service Provider shall: 

• • provide an app for placement of ads by Catteries, 
  • enable Catteries to store relevant data about their cats and catteries for later retrieval by the Catteries,
  • activate the ads placed on the app, and 
  • enable the ads in Igmu to be retrieved by customers.
    

b) Catteries may choose between various service packages and additional services as listed on Service Providers price list applicable from time to time.

c) Service Provider publishes and promotes Igmu and ads placed by the participants on its own and through third parties (especially other platforms), in particular by including the ads or parts thereof on other websites, in other software applications, emails or print media, radio or television broadcasting campaigns for the purpose of advertising and increasing the reach of Igmu. 

d) Service Provider may enable third parties to advertise their cats and catteries.

e) By using Igmu, Catteries grants Service Provider a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content of the Catteries posted on Igmu, online and offline, in particular the rights of exhibition, reproduction and adaption as set out below.

• • The right to combine the content with other content (text, pictures, hyperlinks, trademarks, logos, etc.) and other advertising material and to use these combinations in accordance with these Terms;
  • The right to translate and adapt the content or have the content adapted, especially to have the content reduced in size, increased in size, split up, shortened or, modified and to use these adaptations in accordance with this agreement (mobile.de will hereby not change the content of the statements made and details given by the participant in respect of the ads);
  • The right to use and present the content for presentations e.g. Power Point presentations, both internal and during public events (e.g. exhibitions, seminars, training courses)

f) The Cattery represents and warrants that it is the author and/or exclusive licensee and/or has otherwise the right and authority to grant to Service Provider the rights as defined above in Clause 2(e) above.

g) Where the Catteries submit identification / passport numbers or pedigree information of the cat(s), the Catteries grant Service Provider the right to permanently store such data and to use them for analysis purposes as well as for the purposes of product improvement (improvement of the quality of the ads, transparency, prevention of fraud) and to transmit these to third parties for the aforementioned purposes. 

a) The Catteries must keep their password secret and keep their access details safe. The participant is also obliged to notify Service Provider immediately if there is evidence that their access details have been misused by some third party. This also applies in respect of access data of individual users of a Cattery in the event that the participant provides of more than one access.

b) The Catteries shall be fully liable for all activities carried out using their access details or an authorized access, particularly for any and all activities of his individual users in the event where the Cattery has more than one access. 

a) Service Provider reserves the right to temporarily restrict the possibilities of accessing Igmu and its database, including placing and retrieving ads if this is required due to capacity limits, to server security or integrity, or in order to perform maintenance. 

b) Service Provider reserves the right to without further notice limit, restrict or suspend the Catteries access to or use of Igmu, or the suspend or delete ads and content, if in the Service Provider’s view, a Cattery has violated these Terms, applicable laws or third-party rights, or is in default in payment.

a) The Catteries shall comply with the following content requirements. Each profile and ad shall at least contain the following: 

1. Cattery name, address and registration number, 
2. Cattery contact details such as phone and/or email
3. Cat details: price, name, gender, breed, EMS code, color, pattern, date and time of birth, litter, photos, pedigree certificate and details, 
4. Health information and details related to: vaccination status, birth certificate, DNA test, neutering, microchip, passport, insurance, vet check certificate, transport services
5. Identification / passport number of each advertised cat
6. Any additional information necessary for the potential customer to make decision of sale or contact

b) The Catteries undertake to provide complete and correct information with regard to the cat(s) (especially concerning the health status). 

c) It is not permitted to advertise more than one cat, either separately or as a package, per ad.

d) The ads can be illustrated with photos. The participant undertakes to only upload photos to Igmu that they are permitted to use without restrictions and that are not encumbered by any third-party rights and in particular third party copyrights. The photos used may not be misleading and must reflect the actual condition of the advertised cat. If the participant uses catalogue images, they must make this clear.

e) It is not permitted to include links to external websites, other services and external sources of information. Links in this sense also refer to email addresses and non-activated web addresses (URLs) and parts thereof.

f) Catteries must delete cat ads as soon as the cat on offer has been sold or is no longer available for other reasons

a) The Catteries alone shall be responsible for the contents of the ads. 

b) Service Provider is  not obliged to review the ads for correctness nor completeness, and Service Provider shall not be liable for the correctness and completeness of ads. 

c) Service Provider provides no representation, warranty or guarantee that the ads comply with statutory provisions.

a) Service Provider may in connection with a Cattery’s use of Igmu collect and process personal data about the persons associated with the Cattery. Service Provider will process such personal data in accordance with its applicable privacy policy available here

b) The Catteries shall use personal data of other users which they receive through the Igmu (e.g. through the contact form) solely for the purpose of replying and following up on a specific inquiry. Further use of this data, especially for marketing purposes, requires the prior consent of the user. Each Cattery shall be independent data controller for personal data they collect and process through Igmu. 

a) Igmu provides a cattery rating system. The rating system enables users of Igmu to rate the Catteries and include a review about the Cattery. The rating system is an integral part of Igmu. The ratings of the Catteries are displayed in connection with the ads. 

b) The Catteries may not misuse the rating system. Inappropriate uses include where

• the Catteries or anyone acting on behalf of the Catteries positively influence their rating results or those of other Catteries by rating their own Cattery;
• the Catteries or anyone acting on behalf of the Catteries negatively influences the rating results of other Catteries by falsely rating other Catteries;

c) The Catteries are not entitled to include the contents of the rating system (e.g. the rating results) outside of Igmu, unless Service Provider has expressly consented to such an inclusion in writing. Without the respective consent by Service Provider the participant is in particular not entitled to include the contents into other websites (e.g. his homepage) or into other advertising material, or to include references to the rating system or its content for example for the purpose of increasing the trust in his offers. In case of a given consent the participant shall comply with any additional provisions provided as well as with applicable law.

d) A Cattery can request Service Provider to remove or delete ratings and reviews that are false. Removal and deletion of ratings and reviews takes place at the Service Provider’s discretion.  

a) The monthly participation fee may be calculated on the basis of the current valid price list and is invoiced by Service Provider by email. 

b) The payment terms are net 8 days.

a) Service Provider shall announce any changes to its prices in due time such that the Catteries may end their contractual relationship. Should the Catteries fail to exercise said right and continue to use Igmu after the date on which the changed prices take effect, the price modification shall become binding for the Catteries. Invoices shall be rendered on the basis of the modified prices.

b) Service Provider amend these Terms with a reasonable notice period of no less than 15 days. The amendments shall be deemed to have been accepted if the Catteries continue the use of Igmu after the date on which the changed terms take effect. If a Cattery does not agree to the changes, it is entitled to a cost-free right of termination without notice until the proposed date on which the changes are to take effect. 

The contractual relationship between Service Provider and the Cattery may be properly terminated by either party with a 30 days’ notice in writing to the other party. Notice of termination is to be provided in writing to Service Provider by email to: Privacy@igmuapp.com

a) Service Provider does not warrant the accuracy and timeliness of the data that participants enter into the mobile.de databases. Due to the performance of necessary maintenance work and improvements, individual functions may temporarily be unavailable.

b) In cases of force majeure, Service Provider be released from its obligation to perform. Force majeure shall be deemed to refer to all unforeseeable events, and to such events for the effects of which on the fulfilment of the agreement neither of the parties is responsible. Such events shall include in particular legitimate labour disputes, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators, other technical malfunctions, including when such circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors.

The Catteries shall release Service Provider from any and all claims asserted by third parties, including users of Igmu, against Service Provider, including where the rights of such third parties have been violated by the Cattery. The Catteries shall also hereby assume the necessary costs incurred by defending the rights of Service Provider, including any and all legal and court fees.

a) Service Provider shall only be liable for damages towards Catteries if and to the extent that Service Provider, its legal representatives, senior managers or other persons employed by Service Provider in the performance of its obligations have acted in gross negligence or intentionally. 

b) With the exception of intentional or grossly negligent conduct or omission by Service Provider, its legal representatives, senior managers or other persons employed by Service Provider in the performance of its obligations, the liability of Service Provider shall be limited in its amount paid by the Catteries to Service Provider the last 12 months prior to the actions or omissions resulting in the claim against Service Provider.  

c) Service Provider shall not be liable for the compensation of indirect damage, in particular for lost profits.

a) Any and all data, information, logos, texts, and images of ads and other content (e.g. ratings and replies in the scope of the rating system) placed on the Igmu may be subject to copyright laws. The rights of the respective author and of the Catteries shall remain unaffected, except where a license has been granted to Service Provider under these Terms.

a) Service Provider may make use of sub-contractors when performing the rights and obligations under these Terms.

b) Service Provider has the right to fully or partially transfer its rights and obligations under this contract to a third party. 

a) Governing law: These Terms and the validity hereof shall be governed by and construed in accordance with the substantive laws of Denmark to the exclusion of any rule that would refer the subject matter to another jurisdiction. Any disputes that cannot be resolved in good faith between the Parties may be brought before the Danish Courts.

b) Entire agreement: These Terms constitute the entire agreement between Service Provider and the Cattery with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between Service Provider and the Cattery with respect to the subject matter hereof.

c) Non-waiver: No failure or delay on the part of either Party in exercising any power or right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of such right or power preclude any other or further exercise of any other right or power hereunder.

d) Severability: In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability

e) Force majeure: Neither the Service Provider nor the Cattery shall be liable for delay in any performance or for failure to render any performance under these Terms when such delay or failure is caused by force majeure. Any party claiming force majeure shall take all reasonable steps to mitigate the damage as much as possible and as soon as possible. If an event of force majeure prevents the performance by a party of its obligations under these Terms for more than 30 (thirty) consecutive days, then the other party is entitled to terminate the contractual relationship with the other party by giving 10 (ten) days prior written notice to that effect.