General terms of use
Booth: 04.01.2021
M-Login is the portal through which registered customers can centrally manage user data for their accounts. Customers can use M-Login to log in to web portals and apps of affiliated companies of the SWM group of companies and third parties ("affiliated services"). The operators of the connected services are the "service companies". The goal of M-Login is to provide customers with clear, concise and centralized user profile management as well as a secure and centralized login. The customer can decide which services connected to M-Login are to be used via his/her account in M-Login.
1. Services of the M-Login
In M-Login, customers can centrally manage their data (master data, communication data, address data, payment data, driver's license data) as well as data releases for the use of individual connected services. Customers of M-Login are offered an overview of connected services already used and not yet used. For each connected service, customers can log in using their registration data recorded via the registration for M-Login (mandatory data: User name (e-mail address) and password) to log in to and use the closed personal area of the respective service. Insofar as customers within an affiliated service conclude contracts with the respective service company for services subject to a charge (in-app purchases, conclusion of service and subscription contracts, etc.), payment shall be made exclusively directly in the respective service.
2. Contractual partners of the customers
2.1 The Customer's contractual partner for the provision of M-Login services is Stadtwerke München GmbH, Emmy-Noether-Straße 2, 80992 Munich ("SWM").
2.2 If the Customer uses services of a service company within M-Login, the Customer concludes a contract (which may be subject to a fee) with this service company for this service. The General Terms and Conditions and Terms of Use of the respective Service Company shall apply to this Agreement.
3. Registration
3.1 Before customers can use the contents of M-Login, they must access the website at the URL https://login.muenchen.de/portal and register for M-Login for the first time on the website by providing the mandatory information (e-mail address as user name and definition of a freely selectable password) and declare their agreement with these terms of use.
3.2 SWM reserves the right to check a customer's registration. After successful completion of the registration, customers will receive an e-mail confirming the successful registration to the e-mail address provided during registration. The e-mail contains a verification link that must be confirmed by the customer within a period specified by SWM. Otherwise, the already deposited data of the customer will be deleted. The customer then has the option to register again.
3.3 Insofar as the customer is a consumer within the meaning of § 13 BGB and has not yet reached the age of eighteen, he/she is excluded from registration.
3.4 The requested mandatory information according to section 1 must be provided completely and correctly during registration. Registration with inaccurate or incomplete mandatory information is not permitted.
3.5 When registering, customers must provide a valid e-mail address. The use of a nickname is not permitted.
3.6 The password for M-Login must be kept secret. Passing on the password to third parties is not permitted. In the event of unauthorized disclosure of the password, SWM reserves the right pursuant to Section 5. If the password is lost or if a third party is suspected of gaining knowledge of it, M-Login customers are obligated to notify SWM immediately and to change the password without delay.
4. Services in M-Login
4.1 After logging in to M-Login with their user name and password, M-Login customers have the possibility to use the connected services without having to log in again separately. The use of a particular connected service may require the provision of additional data.
4.2 In some cases, the use of a connected service also requires prior verification of the customer's driver's license to prove that the customer is a licensed driver. The verification is carried out by a third party commissioned by SWM, which transmits the result of the verification and the relevant driver's license data to SWM for storage. In the verification of the driver's license, the customer's contractual partner is the third party commissioned by SWM. The general terms and conditions of the third party shall apply insofar as these are effectively included vis-à-vis the third party. The customer is not entitled to verification.
4.3 The requested information on the use of the Services must be provided completely and correctly in accordance with Clause 4.1 or the verification must be carried out properly in accordance with Clause 4.2.
5. Consequences for violations
5.1 If the customer provides incorrect information during registration or use (Sections 3.6 and 4.3) or otherwise violates these Terms of Use or applicable law, SWM reserves the right to temporarily block the customer's access to M-Login until the facts of the matter have been clarified. In the event of repeated violations of these Terms of Use or applicable law despite requests by SWM to cease and desist from such violations, SWM shall be entitled to permanently block the customer's access and to delete the customer's data after a period of 30 days, after having provided the customer with an opportunity to retrieve and otherwise store the data provided by the customer within this period.
5.2 A violation of these Terms of Use pursuant to Section 5.1 Sentence 1 shall also be deemed to have occurred if the Customer deceives with regard to the existence of a driver's license and/or the validity of the driver's license. In these cases, SWM also reserves the right to immediately permanently block and/or delete access to the M-Login, as well as to exclude the Customer from using a single connected service that requires verification of the driver's license.
5.3 Renewed registration is not permitted in particular if a customer's access has already been blocked or permanently deleted by SWM.
6. Right of withdrawal of the customer
6.1 The customer shall be entitled to a right of revocation in accordance with the statutory provisions insofar as he is a consumer pursuant to § 13 BGB.
6.2 If the customer makes use of his right of revocation according to section 4.1, the following shall apply to the right of revocation
---- Cancellation policy ----
Right of withdrawal
The customer has the right to revoke this contract within 14 days without stating any reason.
The revocation period is 14 days from the conclusion of the contract.
In order to exercise the right of revocation, the customer must inform SWM (Stadtwerke München GmbH, Emmy-Noether-Straße 2, 80992 München) of the decision to revoke this contract by means of a clear declaration (e. g. a letter sent by surface mail to the above address or by e-mail to kontakt@login.muenchen.de).
In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the expiry of the revocation period.
Consequences of the revocation
If the customer cancels this contract, SWM must return all payments that SWM has received from the customer without delay and at the latest within 14 days of the day on which SWM received notification of the cancellation of the contract.
The provider informs about the sample withdrawal form according to the legal regulation as follows:
Sample cancellation form
(If you want to revoke the contract, please fill out this form
out and send it back)
- To Stadtwerke München GmbH, Emmy-Noether-Strasse 2, 80992 Munich, www.swm.de:
- I/we (*) hereby revoke the contract concluded by me/us (*)
on the purchase of the following goods (*)/provision of the following services (*)
Service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date
(*) Delete as applicable
Expiry of the right of withdrawal
The right of withdrawal shall expire in the case of a contract for the provision of services if the Entrepreneur has provided the service in full and has only started to perform the service after the Consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Entrepreneur.
---- End of the cancellation policy ----
7. Remuneration
7.1 Registration for and use of M-Login is free of charge for customers.
7.2 SWM points out that the use of the services of the Service Company via M-Login may be associated with costs (e. g. the purchase of tickets from MVG). A separate contract is concluded with the respective SWM service company for these services (see Section 2.2).
8. Liability
8.1 SWM shall be liable to customers in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
8.2 In other cases, SWM shall be liable, unless otherwise provided for in Section 8.3, only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract, and the observance of which the customer may regularly rely on (cardinal obligations), limited to compensation for the typically foreseeable damage. In all other cases, SWM's liability is excluded subject to clause 8.3.
8.3 SWM's liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
8.4 SWM shall not be liable for services provided by third parties, in particular for the verification of the customer's driver's license in accordance with § 4 Para. 2.
9. Termination of use, data portability, data protection
9.1 The use of M-Login shall end upon final deletion of the Customer's access and data pursuant to Section 3.3 by SWM or upon the Customer's declaration to SWM that it wishes to terminate the use of M-Login. The use of the M-Login is bound to the user and cannot be inherited.
9.2 Upon termination of use, SWM shall, upon request, provide the Customer with a means of retrieving the data provided to SWM by the Customer within the scope of the use of M-Login in a structured, standard and machine-readable format or request SWM to make this data available to another service provider.
9.3 Details on data protection, in particular on information rights, can be found in the M-Login data protection declaration.
10. Final provisions
10.1 SWM is entitled to amend these Terms of Use at any time, subject to reasonable notice. Notification will be made by sending the new Terms of Use to the e-mail address provided by the customer during registration. If the customer does not object to the validity of the new terms of use within 30 days after receipt of the notification e-mail, these terms of use shall be deemed agreed. In the event of an objection by the customer, SWM has a special right of termination. In the event of termination by SWM, clause 9 shall apply accordingly. SWM will separately inform the user of the significance of the objection period and the consequences of failure to object in the notification e-mail.
10.2 In the event of the invalidity of one or more provisions of these Terms of Use, the remaining provisions shall remain unaffected.
10.3 These Terms of Use shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
10.4 Information on online dispute resolution pursuant to Article 14 (1) ODR Regulation and consumer dispute resolution
The EU Commission provides a platform for online dispute resolution (ODR platform) of consumer disputes resulting from online purchase contracts and online service contracts. You can reach this platform on the Internet at: http://ec.europa.eu/consumers/odr/.
SWM is not obligated to participate in a dispute resolution procedure in connection with disputes regarding the M-Login and does not participate in dispute resolution procedures before a consumer arbitration board.