General Terms and Conditions of Use (GTCU) for the portals and

Status: 20.02.2024

WHYTE Label Digital GmbH, Waßmannsdorfer Chaussee 156, 12355 Berlin (hereinafter referred to as "WHYTE") operates two portals under the domains and through which users can find a suitable cable network provider (hereinafter referred to as "Portals").

1. scope of application, amendments

1.1 The following General Terms of Use (hereinafter referred to as "GTU") apply to the use of the portals provided by WHYTE under the domains and This includes the use of the services offered there (hereinafter jointly referred to as "services").

1.2 The GTC apply in the version valid at the time the user visits the portals. WHYTE is entitled to amend the T&Cs at any time by publishing them on the portals.

2. product search

2.1 The portals are aimed at natural and legal persons who are looking for a provider of telecommunications products (hereinafter referred to as "users"). WHYTE only offers its services to users who are of legal age and have unlimited legal capacity.

2.2 On the portals, users have the opportunity to search for cable network providers (hereinafter "products") without obligation and to find out about their products and prices. For this purpose, the user must enter his address in order to receive information about the availability of a product offer and the responsible cable network operator. The product offer can then be ordered by the user via the portals, whereby WHYTE passes on the data provided by the user to the cable network operator.

2.3 The use of the portals is free of charge for the user.

2.4 Products displayed on the portals are offered by third parties. Third parties are in particular cable network operators and other providers of broadband connections (hereinafter referred to as "providers").

2.5 The search for information on the portals is largely automated. It is largely based on information that WHYTE receives from partners. WHYTE's partners are primarily cable network operators. Product offers displayed are updated automatically. Information on the portals and the providers' websites may differ in individual cases. This may affect the following features in particular:

  • the price (and thus also the ranking of the offers),
  • the availability,
  • the delivery costs or
  • the delivery time of products.

2.6 Not all providers and offers on the market are taken into account on the portals. The information displayed on products is intended to provide an overview of offers from providers cooperating with WHYTE. They do not claim to be complete. WHYTE is entitled to remove products at any time without prior notice.

2.7 WHYTE is entitled to change, supplement, delete or discontinue parts of the Services, the Services as a whole and/or individual functionalities.

This can be done, for example,

  • to implement a court judgment and/or an official decision,
  • in the event of legal changes,
  • to close gaps in the security or
  • to expand or restrict the range.

This may also occur without individual notification. Section 1.4 remains unaffected by this.

3. contractual relationships

3.1 If users are interested in concluding a contract, they can enter the necessary data in the portals, which will then be forwarded to the provider from whom the offer in question originates. Users are responsible for checking all relevant information before ordering a product. This also includes the up-to-dateness of information, in particular prices. WHYTE draws attention to the following: Users who make advance payments to providers (e.g. payment in advance) generally bear the risk of default.

3.2 Contracts for the products displayed on the portals are concluded exclusively between users and providers. Accordingly, the general terms and conditions of the providers may apply to these contracts. As the portal operator, WHYTE does not offer users any products for purchase. Therefore, no purchase, service or other contracts are concluded with WHYTE for the purchase of displayed products.

3.3 WHYTE does not guarantee that products shown on the portals can actually be ordered or purchased from the providers under the stated conditions. WHYTE also has no obligation to ensure the fulfillment of these contracts. All contractual obligations arising from and in connection with these contracts arise solely between the user and the providers.

3.4 WHYTE and the providers operate their respective services independently of each other. WHYTE has no control over the content or accessibility of third-party services.

4. responsibility, limitation of liability

4.1 WHYTE endeavors to present all information provided in the context of the portals in an up-to-date and error-free manner. However, due to the amount of information to be processed, errors in the presentation cannot be ruled out. These may be due in particular to incorrect information from partners. WHYTE can therefore accept no liability for the accuracy, up-to-dateness, completeness and quality of the information provided by partners.

4.2 With regard to WHYTE's liability for damages, regardless of the legal grounds, the following exclusions and limitations of liability shall apply, notwithstanding the other statutory requirements for claims:

  1. a) WHYTE shall only be liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper performance of the services of the portal and on the observance of which the users may regularly rely (so-called cardinal obligation). If WHYTE is liable for simple negligence, the liability is limited to the damage that could typically be expected to occur according to the circumstances known when using the portal.
  2. b) Otherwise, WHYTE shall not be liable for damages of any kind that are based on a slightly negligent breach of duty.

4.3 The above provisions shall also apply to claims for reimbursement of expenses.

4.4 The above provisions shall also apply in favor of the employees, vicarious agents and other third parties that WHYTE uses to perform the portal services.

4.5 However, the above provisions shall not apply in cases of mandatory statutory liability, in particular

  • in accordance with the Product Liability Act,
  • when assuming a guarantee and
  • in the event of culpable injury to life, limb or health.

In these cases, WHYTE shall also be liable for simple negligence.

5. references to intellectual property rights

5.1 The portals and the data, search results, texts, graphics and other information contained therein may be protected by copyright. The same applies to the software and database used to provide the services. The provision of the portals for use within the scope of these GTC does not constitute a waiver of copyrights or the granting of copyrighted rights of use.

5.2 Users may only use the portals for the intended and individual comparison of information and offers. In particular, users may only use the data for their own personal use. Reading or spying out the database using other software is not permitted. In particular, users may not access the portals automatically. This includes scraping in particular.

5.3 Users may only make individual printouts, copies or other reproductions of the portals and the information contained therein or parts thereof for their own personal use. Any other reproduction, redesign, presentation, making available to the public, distribution, broadcasting and other utilization of non-essential contents of the portal, including its database, requires the written consent of WHYTE. This also applies to the integration of portal content in frames.

5.4 Company names, logos and/or product designations mentioned on the portals are protected brands or trademarks of the respective owners.

6. communication

6.1 Communication between WHYTE and the users shall generally take place by means of electronic remote communication. This communication shall be in German.

6.3 Users can call up the current TOU via the portals and save them as a PDF or print them out.

7. note on dispute resolution

The European Commission provides a platform for dispute resolution (ODR platform) under this link. WHYTE is not obliged to participate in dispute resolution proceedings before consumer arbitration boards. WHYTE also does not voluntarily offer users participation in such proceedings.

8 Applicable law

German law shall apply. If users are consumers in accordance with Section 13 BGB and have their habitual residence in an EU member state other than Germany, the mandatory consumer protection provisions of that country remain unaffected. This applies in particular to the conclusion of the contract.

9 Place of jurisdiction and final provisions

9.1 If the user is a merchant, the place of jurisdiction is WHYTE's place of business. However, WHYTE is also entitled to sue these users at the courts of their place of residence. If users are consumers and have their domicile or usual place of residence outside of Germany, the place of jurisdiction is the place of business of WHYTE. In all other cases, the statutory provisions apply.

9.2 Should one of the provisions of these T&Cs be invalid or not form part of the contract, this shall not affect the validity of the remainder of the T&Cs.