(As of: revision January 2024)
Customer reviews at EXCELLENT.org
EXCELLENT.org is an independent and objective rating platform with the aim of increasing transparency on the Internet and improving customer service.
Reviews on the EXCELLENT.org platform consist of an evaluation of the service provided in the form of stars and an experience report in words.
The EXCELLENT.org seal is displayed on the websites of online shops and service providers and helps users and customers choose the right provider.
General information
Write a review
Evaluate personally. Only share your own personal experiences. If a friend or acquaintance has told you about his/her experience with a company, ask him/her to write a review yourself. Do not post a review on behalf of someone else. If a company wants to comment on a review, it should be able to contact the person who had that experience with the company.
Evaluate in detail. Describe in as much detail as possible what services you have used from the company. Please do not publish any personal information, e.g. addresses, telephone numbers and/or first and last name of the contact person. What problem did you have when you came to the company? How were you helped? The more information you provide, the easier it is for other customers to get an idea of the company. This is also the best way for the company to learn from your experiences.
Evaluate honestly and fairly. Always stick to facts. If you make up details or just give generalizations, the company won't be able to improve anything. Only if you report honestly will the company know what it did right or wrong. They make a crucial contribution to illustrating the overall picture of the company.
What can be evaluated
The service from EXCELLENT.org refers exclusively to company reviews. These can be differentiated for services, online shops, gastronomy, accommodation and the medical sector. Product reviews in the traditional sense are not possible. If the company and the service have the same name, the service may be defined as a product.
Rating of friendship companies
It is generally permitted to evaluate companies with which you have friendly or business
relationships.
To ensure a high level of transparency, you can make this fact known accordingly.
Negative reviews
Not all service providers meet the needs of their customers. The resulting negative experiences should also be evaluated. This serves to ensure quality and improve the customer service of the evaluated company.
It is your decision whether you want to share these experiences with others.
In order to take the interests of the company and the customer into account equally in the event
of a negative experience and to support a solution to the existing problem, EXCELLENT.org
tries to mediate between the parties.
Deleting reviews
Only in exceptional cases will a review be deleted by EXCELLENT.org.
To be deleted:
Reviews that violate our guidelines or Google's standardized review guidelines, see 8.2ff of the Terms.
Reviews that contain unverifiable statements. Particularly if proof of having used the assessed service cannot be provided.
Spam reviews
A company cannot hide or delete negative reviews. Any company can comment on a negative review or find a solution with you through arbitration. You alone have the option to change or delete a submitted review, provided none of the above points apply.
Anticipating this, the following apply
Conditions for leaving a review
1. Providers and scope of assessment guidelines
1.1. The provider of the online service (hereinafter referred to as “the service”) and therefore the contractual partner of the users of the service (hereinafter referred to as “user”) is AUBII GmbH, Große Bleichen 21, 20354 Hamburg (hereinafter referred to as “operator”). “AUBII”). These evaluation guidelines contain the conditions and rules of conduct for the use of the service and for all legal transactions and legal transactions-like actions that are carried out between the operator and the user. However, for the operator's paid offering packages, there may be additional special terms and conditions that apply in addition to these rating guidelines.
1.2. The following evaluation guidelines apply exclusively. Any general terms and conditions of
users do not apply to the contractual relationship between the operator and the user to the
extent that they contain regulations that deviate from or conflict with these evaluation
guidelines.
If the user does not agree to the validity of these terms and conditions, no reviews may be
submitted. The user accepts these rating guidelines by submitting ratings. These evaluation
guidelines therefore become part of the contract.
AUBII offers users the opportunity to evaluate the services of third-party companies with which
the user has had business contact. The contract for participation in the rating system is
concluded as soon as the user has verified their email address with AUBII. This process is
referred to below asRegistrationdefined and does not cause any additional costs.
2. Verification and access data
2.1. In order to be able to actively participate in the service as a user, the user must be at least 18 years old.
2.2. User or display names whose use violates the rights of others, in particular name or trademark rights (e.g. trademarks), or which are otherwise illegal or violate common decency are not permitted
2.3. In any case, the operator reserves the right to verify? to reject a user without requiring any justification
2.4. In any case, the user is obliged to only provide truthful and complete data to the operator, insofar as data is collected by the operator or provided voluntarily by the user. Above all, the user is not allowed to enter any data from others.
3. Services and contract term
The usage relationship is concluded for an indefinite period of time.
4. Right of withdrawal
If the user is a consumer, he or she has a statutory right of withdrawal, about which the operator informs as follows
Right of withdrawal
The user can revoke his contractual declaration within 14 days without giving reasons in
text form (e.g. letter, fax, email). The period begins after receipt of this instruction in text
form, but not before the conclusion of the contract and also not before fulfillment of
our information obligations in accordance with Article 246 2 in conjunction with 1
Paragraph 1 and 2 EGBGB as well as our obligations in accordance with Article 312e
Paragraph 1 Sentence 1 BGB in conjunction with Article 246 3 EGBGB. To meet the
cancellation deadline, it is sufficient to send the cancellation in a timely manner.
The revocation must be sent to: stating the email address:
AUBII GmbH, Große Bleichen 21, 20354 Hamburg
Email: Email: service(at) EXCELLENT.org
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits obtained. If the user cannot return the received service in whole or in part or only in a deteriorated condition, he may have to pay us compensation. This can mean that the user still has to fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. For the user, the period begins when the cancellation notice is sent, and for us it begins when it is received.
Special instructions
The user's right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the user's express request before he has exercised his right of withdrawal.
End of revocation
5. Content
5.1. “Reviews” within the meaning of these review guidelines are all reviews that the user posts and makes available on the service. These are primarily texts (including comments on texts/reviews from other users).
5.2. The operator reserves the right to use other service providers to host reviews. The current hosting partners are listed in our privacy policy.
5.3. Furthermore, the operator reserves the right in any case to reject user reviews and, if necessary, to delete them without justification and without notification. The user has no right to have reviews posted or to remain on the service. In particular, files for which the exploitation rights are held by third parties may not be posted on the service unless the user has given their consent. Further prohibited content is listed under section 10.
6. Right of Use
6.1. The user grants the operator transferable, simple, spatially and temporally unrestricted usage rights to the reviews he has posted on the service to the extent necessary to operate the service and in accordance with Section 6.3.
6.2. In particular, the user grants the operator the right to post the relevant reviews on the platform and to make the necessary copies (storing on the servers, etc.). In addition, the user grants the operator the right to edit the reviews in order to better present them on the website. The operator also has the right to make the content publicly accessible, to broadcast it and to otherwise reproduce it publicly, including, in particular, making it accessible or broadcasting it by transmitting the content to fixed or mobile devices of other users as part of automated subscription services (push services) or pull services (e.g. via podcasting, RSS feed, Atom feed, XML interface or other technologies). The right of public communication is understood to mean, in particular, the right to reproduce reviews on the service through streaming, including the possibility of designing the stream in such a way that the data sent can be stored by the recipient.
6.3. The user also grants the operator the transferable, simple, spatially and temporally unrestricted right to make the reviews posted by him publicly accessible in whole or in part on other websites operated by the operator. In addition, the user grants the operator the right to publish and/or have published the reviews on third-party websites and to make the necessary copies for this purpose, as well as to transmit the reviews to the third-party provider and/or to give these providers access to the reviews for the aforementioned purposes, including the right in this context to reproduce the reviews for integration into their own website (but see section 9). To achieve the purposes stated in this clause, the operator may use common technical procedures. The user agrees that the third party in question will take over the user's respective rating and also publish it, i.e. use it in the same way as is intended in the local service.
6.4. The operator does not pay the user any compensation for granting the usage rights, as the operator already offers the user the forum through the service to present the reviews to the general public. The user agrees that this service alone represents appropriate remuneration.
7. Advertising
7.1. The user agrees that the operator reserves the right to present advertising messages as part of access to the service.
7.2. The user is not allowed to advertise third-party offers in his reviews
7.3. The operator also reserves the right to delete reviews that are generally spam in nature.
8. Prohibited Content and Conduct
8.1. The user is obliged to the operator not to post any reviews that are unlawful or have been declared inadmissible in this clause or elsewhere in these review guidelines.
8.2. The following content is particularly inadmissible:
Any reviews that violate relevant criminal law standards;
Reviews that promote the trafficking and use of illegal drugs and medicines and weapons, including explosives;
Reviews that promote unlawful computer-based activities such as hacking and cracking and explain how they work;
Reviews that are propaganda for or characteristics of totalitarian, racist and/or violence-promoting organizations of all kinds;
Reviews that glorify war, are racist or otherwise discriminatory, or incite acts of violence for any reason;
Reviews that describe cruel and otherwise inhumane acts of violence against people in a way that glorifies or trivializes such acts of violence or that portrays the cruel or inhumane nature of the process in a way that violates human dignity; This also applies to virtual representations;
Assessments that violate human dignity, in particular through the depiction of people who are dying or who are or were exposed to severe physical or mental suffering, whereby an actual event is reproduced without there being a legitimate interest in this form of representation or reporting; consent is irrelevant;
Reviews that depict children or young people in unnaturally gendered postures; This also applies to virtual representations;
Reviews that are pornographic, especially if they deal with violence, sexual abuse of children or young people or sexual acts between people and animals; This also applies to virtual representations; or
Reviews that violate youth protection regulations for other reasons.
Reviews that are defamatory or defamatory in nature;
Reviews that violate others' right to privacy or other personal rights, especially rights to one's own image;
Reviews that violate the copyrights, ancillary copyrights or trademark rights of others;
Reviews that are games of chance that require government permission or fall into similar categories, such as chain letter campaigns, pyramid schemes, lotteries, betting games, etc.;
Reviews that may otherwise give rise to civil or criminal liability;
Reviews that are limited to linking to other sites, advertising, repeating text and/or listing unique and excessive tags (spam)
Reviews that spread defamatory, offensive or otherwise unlawful material or information about the operator
8.3. In the event of a suspected violation, arbitration proceedings may be initiated by AUSGEZEICHNET.org or the customer for whom the review was submitted. The user is obliged to actively participate in this procedure and to provide all documents required for evidence. If the user does not respond to the corresponding request to cooperate, AUSGEZEICHNET.org is authorized after a period of 14 days to complete the arbitration procedure and remove the relevant review.
8.4. The user may not use any process that reads, saves, edits, changes, forwards or otherwise misuses data from the service. It does not matter whether such procedures are operated manually or automated.
8.5. The user may not introduce viruses, Trojans and corresponding scripts and programs or similar malicious code into the service. Sending spam emails is also prohibited. Such behavior is not only inadmissible, but can also be unlawful or punishable.
9. Warranty and exemption
9.1. The user guarantees to the operator that he is entitled and able to grant the rights (see section 6) to the reviews he has posted. Above all, he guarantees that he will not post any reviews that infringe the copyrights, trademark rights or other intangible property rights of third parties. The user is obliged to inform himself accordingly and, if he has doubts about his authorization, to ask the rights holder for permission. Doubts arise especially when:
It concerns works protected by copyright or ancillary copyright, such as: B. third-party videos, photos, music, graphics and texts. In this context, it should also be noted that, as a rule, the works of third parties may not be alienated or otherwise processed and the result may be posted on the service without the rights holder's consent. Directions, city map sections and similar map material are also generally protected by copyright;
Videos that contain performances protected by copyright or ancillary copyright, such as recordings of concerts, theater performances, etc. or parts of such, or which, without modification, reproduce other services protected by ancillary copyright such as television broadcasts, introductions and terminations, etc., even in parts;
Third parties have contributed to the production of the content in such a way that they may have acquired ancillary copyrights, for example for recording, directing, editing, sound, camera, etc., and consent to the exploitation of the content has not been expressly declared;
The reviews concern personal or other sensitive information about individual people or groups of people, unless the necessary consents and/or usage rights are available;
Third people are depicted in photographs and videos in such a way that their importance for the image/video does not fade into the background for the viewer, unless the user has given express consent.
The user also guarantees the operator that he will not post any reviews on the service that otherwise interfere with the rights of third parties or whose content is illegal or has been declared inadmissible by the operator.
9.2. The user is solely responsible for all reviews posted by him, including comments on the content of other users. The operator does not check the content posted by the user.
In this context, the user undertakes to indemnify the operator from all liability and all costs, including possible costs of legal proceedings, if claims are made against the operator by third parties because the user violates their rights (e.g. copyright and trademark rights, general personal rights , the right to one's own image etc.). The operator will inform the user about the claim and, to the extent that this is legally necessary and/or possible, give him the opportunity to defend the asserted claim.
10. Liability of the operator
The operator is liable in accordance with the statutory provisions, but with the following restrictions:
The operator rejects any liability for financial or other non-physical damage that may be associated with this service, unless the operator and/or the operator's vicarious agents have caused such damage intentionally or through gross negligence.
The operator assumes no liability for the uninterrupted availability of the system or for system-related failures, interruptions and/or disruptions to the operator's technical systems and services, to the extent that these symptoms are beyond the operator's control. In particular, the operator is not liable for disruptions in the quality of access to the operator's service due to force majeure or events for which the operator is not responsible, in particular the failure of communication networks and gateways. In principle, the operator assumes no liability for insignificant interruptions to the service.
Furthermore, the operator is not liable for third parties' unauthorized acquisition of personal data of users, unless the operator and/or the operator's vicarious agents have made the unauthorized acquisition of personal data by third parties possible intentionally or through gross negligence. The operator is also not liable for data and information that the user has made available to third parties being misused by them.
If the user suffers damage from the loss of data, the operator is not liable if the damage could have been avoided through proper, regular and complete backup of the user's important data.
In addition, the operator is not liable for damage that is untypical or unforeseeable in the contract, provided that the damage does not affect life, body or health.
Furthermore, the following applies:
According to the legal provisions of 8 - 10 TMG, the operator is not obliged and is not able to comprehensively check and/or monitor the legality of the reviews submitted by users or to investigate circumstances that indicate illegal activity. This also applies to hyperlinks. The operator does not adopt the content as its own.
If the operator is made aware of violations of the law and/or legal violations, the reviews will be removed immediately, subject to comprehensive review. The operator reserves the right to block and/or permanently remove content made accessible by users, including links. The operator is liable for third-party reviews within the meaning of 8 - 10 TMG at the earliest when it becomes aware of a specific legal violation. In appropriate cases, the operator provides a function through which alleged legal violations can be reported.
11. Violations of these Review Guidelines
In the event of violations of these evaluation guidelines, the operator is entitled to temporarily or permanently exclude the user in question from using the service as a milder measure compared to terminating the user agreement. This is intended to encourage the user to adhere to these conditions in the future. However, the operator reserves the right to issue an extraordinary termination of the usage relationship, which can lead to an immediate and irrevocable deletion of all of the user's data and reviews.
The deletion of individual reviews will be decided in the event of a violation in accordance with these review guidelines.
12. Termination of the User Agreement
12.1. However, termination does not usually have to take place. It is sufficient to no longer use AUBII's services. However, membership can be canceled at any time without notice by sending an email to service(at) EXCELLENT.org.
12.2. Both the operator and the user reserve the right to terminate the contract without notice for good cause.
12.3. If the operator declares the extraordinary termination to the user, the user may not re-register with the operator unless the operator agrees.
The operator can decide at any time to discontinue individual services or the offer as a whole, to operate them only for a fee in the future or to modify them. In this case, the user/member has no claims for compensation, in particular not due to the deletion of the reviews they have posted. Rather, the user is obliged to take care of any necessary data backup.
13. Data protection
The protection of users' personal data is of particular concern to the operator. Further information on data protection can be found in the data protection declaration.
14. Changes to Review Guidelines
14.1. The operator reserves the right to change the rating guidelines at any time and without giving reasons. The new assessment guidelines are publicly available online.
14.2. The new evaluation guidelines are deemed to have been agreed if the user does not object to their validity within 14 days of becoming aware of them. The objection must be in text form. The operator will inform the user separately in the email about the possibility of objection, the deadline and the consequences of the user's inaction. If the user objects, each party has the right to terminate the user agreement by email or in writing with the deadline applicable for ordinary termination.
14.3. The possibility of changing the evaluation guidelines in accordance with the above provisions does not exist for changes that would affect the content and scope of the granting of rights of use to the content by the user, nor for changes to the content and scope of regular free service packages, nor for the introduction of new, obligations for the user that have not yet been included in the evaluation guidelines.
15. Miscellaneous
The law of the Federal Republic of Germany applies to these evaluation guidelines and the entire legal relationship between the user and AUBII, excluding the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these evaluation guidelines be or become invalid, this will not affect the validity of the remaining provisions of this agreement. If one or more provisions are invalid, the statutory regulations apply.
Verbal collateral agreements do not exist. Changes and/or additions to this agreement must be made in writing to be valid, unless otherwise agreed in individual contracts. This also applies to any waiver of the written form requirement.
Differing terms and conditions of the user will not be accepted.