INTRODUCTION
These T&Cs apply to the use of the Service and access to this Website, and any other related agreement or legal relationship with the Provider in a legally binding manner. Defined terms are marked accordingly in the contract text in brackets and quotation marks ("Definition"). Users are requested to take careful note of this document.
This website is offered by:
Drift Solutions UG
Lohmühlenstraße 65
12435 Berlin
E-mail address of the provider: hello@driftimmigration.com
The most important information at a glance:
It should be noted that individual provisions of these terms and conditions may only be relevant for certain categories of users, for example only for consumers or only for users who are not acting as consumers. Such restrictions of the scope of application are expressly indicated in each clause concerned. If no such reference is made, the clause shall apply to all users.
TERMS OF USE
Unless otherwise stated, access to this website and the associated software platform as well as the associated mobile app and all other software services associated with it (together the "Platform") and the related business relationship with Drift Solutions UG (haftungsbeschränkt), Lohmühlenstraße 65, 12435 Berlin, registered with the Charlottenburg District Court under HRB 274788 B (hereinafter "Drift"), whether online or offline (hereinafter also the "Service"), is subject to the contractual terms and conditions set out here (the "Terms").
Individual or additional terms of use or access may apply in certain circumstances and in such cases are expressly referred to in this document or in the additional terms as part of these Terms, in particular the Privacy Policy.
Account creation
Users may be consumers or business customers. In order to use the Service, Users must register and create a User Account by providing all required data or information completely and truthfully. The service is only available to registered users. The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this website. By registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to notify Drift immediately via the contact details provided in this document if they believe that their personal information, including user accounts, login credentials or personal data, has been breached, unlawfully disclosed or stolen.
Termination of the user account
User accounts can be deleted at any time by contacting Drift directly via the contact details provided in this document or via the termination and deletion functions provided for this purpose and integrated into the platform.
Blocking and deletion of the user account
Drift reserves the right, in its sole discretion, to suspend or delete any user account that Drift deems inappropriate or offensive, for any other good cause, or that Drift deems to be in violation of these Terms at any time and without notice.
The suspension or deletion of user accounts shall not entitle the user to any compensation, indemnification or reimbursement. The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Subject of the agreement
between Drift and the user are the individually agreed services. These services may consist of various services or service packages related to legal immigration, visas & residence permits, work permits, administrative procedures, naturalization, family reunification and other areas of global mobility.
Service packages & functions
Drift offers the user various service packages, currently the "Do-It-Yourself", "Lawyer-Review" and "Full Representation" packages. The exact services included in the packages can be found on the website and the platform and these specifications apply in addition to the following:
The Do-It-Yourself package allows the user to enter the required data for the application themselves, possibly authorize Drift or third parties engaged by Drift to submit the required application (again as a messenger, not as a representative) and submit the application, either personally or via authorized representatives.
The Lawyer Review package enables the user to prepare the necessary applications and documents themselves, some of which are reviewed by an experienced selected lawyer, as well as receiving personalized feedback and advice on the applications. The user commissions the lawyer himself in his own name and for his own account; Drift does not broker a mandate and does not receive any remuneration from the lawyer.
The full representation package enables the user to have his application prepared and submitted by a specialized lawyer by way of full representation. In this case, the user instructs the lawyer himself in his own name and for his own account; Drift does not broker a mandate and does not receive any remuneration from the lawyer. The user can send his documents to the lawyer via the platform and also conduct other communication via the platform . Drift and the platform are merely digital messengers for the transmission of information and documents of the user and the lawyer.
Permission of inspection - waiver of professional secrecy
The user waives professional secrecy vis-à-vis Drift and vis-à-vis the selected lawyer and the resulting claims to confidentiality and hereby allows Drift to inspect the transmitted information and documents as well as the communication with the lawyer that takes place via the platform and the communication that does not take place directly via the platform, but with the involvement of Drift by other means. The contractual relationship between Drift and the lawyer also contains this authorization by the user and the waiver of professional secrecy. The same applies accordingly to other partners of Drift who are subject to professional or contractual confidentiality.
General services
Drift does not provide legal, tax or insurance advice in any way and in particular does not provide legal services for individual cases. Drift does not carry out individual case reviews and advice for users, but merely transmits, extracts or restructures data and documents entered by the user for an application, possibly by means of automated software processes to recognize and analyze the information and documents and may make them available to the lawyers or other third party partners or consultants involved.
If the user expressly instructs Drift to do so, Drift will establish contact for the user with external consultants or suitable service providers who can perform such services on behalf of the customer. Drift does not receive any remuneration from such service providers for establishing such contact and does not act as an agent.
Drift does not act as a representative of the customer, but merely as a messenger, whether digital or non-digital, for the transmission of information, documents and data.
Drift shall not be liable for any damage caused by the provision of incorrect, incomplete or otherwise erroneous documents by the user, the lawyer or other partners. These are in separate advisory and contractual relationships with the user, Drift is not a party to these contractual relationships and has no influence on this information and documents, nor does Drift assume any liability or warranty for them.
Within the scope of the Do-It-Yourself package, the sole responsibility for the correctness, completeness and timely submission of the application lies with the user. Drift assumes no liability for errors, omissions or rejections resulting from self-submitted applications. A legal review or correction of the information entered by the customer does not take place.
As part of the Lawyer Review Package, the application will be reviewed by a licensed lawyer appointed by the user. If a rejection is demonstrably based on a lawyer's error during this review, Drift is prepared to resubmit the application once free of charge as a gesture of goodwill. However, if the rejection is based on incomplete or incorrect information provided by the customer, any liability on the part of Drift and a free resubmission is excluded.
Drift gives no guarantee for the approval of an application. In particular, Drift is not liable for rejections, delays or other disadvantages caused by official processing times, incomplete documents or incorrect information provided by the customer.
The content, information and services provided on the platform are for general information purposes only and do not constitute legal advice in individual cases. They cannot and are not intended to replace individual legal advice from a qualified lawyer. Drift assumes no liability for the accuracy, completeness and timeliness of the information provided with regard to specific legal issues. In case of doubt, users are obliged to obtain professional legal advice on their own responsibility, in particular from lawyers, before acting on the basis of the information provided.
Drift endeavors to provide all services as quickly as possible. At the same time, many services are linked to official procedures and feedback, particularly from the immigration authorities and other private or public bodies. These procedures are often lengthy and unpredictable in terms of processing time. Drift accepts no liability whatsoever for waiting times for users that are related to the duration of official procedures or feedback from authorities or other private or public third parties.
Drift endeavors to offer uninterrupted availability of the platform as far as possible. However, even with all due care, downtimes cannot be ruled out. Liability for non-availability caused by technical failures or maintenance work is excluded.
Service times
Drift endeavors to respond to customer inquiries within 48 business hours without any binding effect on the user. However, there is no guaranteed processing time for requests.
Drift provides customers with multi-channel support. General inquiries can be sent by email to hello@driftimmigration.com and via live chat. The live chat is only available during regular business hours. Telephone support is only available to customers of the Lawyer Review and Full Representation models. Drift reserves the right to prioritize and assign support requests according to the selected service model.
Existing mandates
Drift also enables lawyers to process their own existing mandates (the "Existing Mandates") using and integrating Drift's platform and software products and to take advantage of Drift's processing benefits. These Terms also apply to users who become users of the Platform as a party to an Existing Mandate.
Payment
The amounts invoiced by Drift may be processed and transferred via payment solutions integrated into the Platform. These payment solutions are subject to the corresponding terms of use; Drift has no influence on the use of the payment solutions. The amounts are due immediately. This also applies to amounts that are invoiced to the user outside of any integrated payment solutions.
Under certain circumstances, payments to lawyers or other partners may also be transmitted by the user to these partners via payment solutions integrated into the platform. This takes place exclusively by way of split payment; Drift neither collects money for third parties nor holds or manages money for third parties. Third party lawyers and partners bill separately in their own name, the payment is made separately as a split payment, even if this is done as part of a uniform direct debit.
Content available via this website
Unless otherwise stated or clearly identifiable, all content available through this Website and the Platform, as well as content posted or transmitted outside of the Platform by Drift (collectively, the "Content"), is owned or provided by Drift or its licensors.
Drift makes every effort to ensure that the Content made available through this website does not violate any applicable laws or third party rights. However, it is not always possible to achieve this result. In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected by this.
Rights to the content available via this website
All rights to the content are reserved by Drift, insofar as this does not conflict with the rights of third parties.
Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, redesign, publish, transfer to third parties, sell or license the content, or enable third parties - even without the user's knowledge - to carry out the aforementioned actions via their own device.
Where expressly indicated on this website, the user may download, reproduce and/or distribute selected content available on this website for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed. Legal restrictions or exceptions remain unaffected by this.
Access to external resources
Users may be able to access external resources provided by third parties via this website. Users acknowledge and accept that Drift has no control over such resources and is therefore not responsible for their content or availability.
The conditions under which such resources provided by third parties are available and under which rights to use such content are granted, if any, are set out in the contractual provisions of each third party or, alternatively, in the applicable statutory provisions.
Permitted use
This website and the service may only be used as intended and in accordance with these terms and conditions and the applicable statutory provisions.
Users are responsible for ensuring that their access to this Website and/or their use of the Service does not violate any laws, regulations or third party rights.
Drift therefore reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this website or the service, terminating contracts, reporting objectionable activities taking place via this website or the service to the competent authorities - such as judicial or administrative authorities - if users demonstrably or presumably
violate any laws, regulations or these Terms; or
infringe the rights of third parties; or
significantly impair the legitimate interests of the provider; or
exploit the services for unauthorized purposes; or
grant access to automated software agents instead of natural persons without consulting Drift; or
insult the Provider or a third party or disseminate defamatory, libellous public comments or reviews of Drift that cross the line into abusive criticism.
Liability and indemnification
Liability for content
The content has been created with the utmost care. However, Drift assumes no liability for the accuracy, completeness and timeliness of the content. As a service provider, Drift is responsible for its own content on these pages in accordance with § 7 para. 1 TMG (German Telemedia Act) and general laws. However, according to §§ 8 to 10 TMG, Drift is not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
The services may contain links to external websites of third parties over whose content Drift has no influence. Drift also assumes no liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
Drift assumes no liability for content that lawyers post or transmit on the platform.
Limitation of liability
Use of the services is at your own risk. Drift is only liable for damages resulting from an intentional or grossly negligent breach of duty by Drift, legal representatives or vicarious agents. In the event of a slightly negligent breach of essential contractual obligations (so-called cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Any further liability is excluded. Liability for damages resulting from injury to life, limb or health remains unaffected by the above provisions. Mandatory statutory provisions also remain unaffected.
Indemnification
To the maximum extent permitted by applicable law, the User agrees to indemnify and hold Drift, its affiliates, officers, directors, agents, partners and employees harmless from any claim or demand, including but not limited to attorneys' fees and costs, made by any third party due to or arising out of the User's or its agents' or representatives' negligent breach of these Terms, third party rights or legal requirements in connection with the use of the Service.
No waiver
Drift's failure to assert any right or enforce any provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
Service Interruption
In order to provide the best possible service, Drift reserves the right to interrupt the Service for maintenance, system upgrades or other changes. Drift will inform users appropriately.
To the extent permitted by law, Drift may also suspend or terminate the Service entirely. In the event of termination of the Service, Drift will give users the opportunity to secure personal data or information in accordance with applicable law and will take into account any claims of users for continued use and/or damages under applicable law.
In addition, the Service may be unavailable for reasons beyond the control of the Provider (so-called "force majeure" reasons) (e.g. infrastructure failures or power failures, etc.) without this giving rise to any claim for damages of any kind for the User.
Privacy policy on driftimmigration.com
The user accepts that Drift may, and only when booking service packages with the involvement of lawyers, forward all information and documents that the user places on the platform to the lawyers commissioned by the user; these are subject to legal professional secrecy and are not commissioned data processors.
To find out more about the use of users' personal data, users can view the platform's privacy policy. Users can find this on the Drift website, by default at https://driftimmigration.com/privacy
The provisions of the Privacy Policy are an integral part of these Terms and the User accepts them by accepting these Terms.
Intellectual property rights
Notwithstanding anything more specific in these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to the Service) are the exclusive property of Drift or its licensors and are protected by applicable law or international treaty provisions relating to intellectual property.
All trademarks, trade names or figurative marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this website) are and shall remain the exclusive property of the Provider or its licensors and are subject to protection under applicable intellectual property laws or international treaties.
Changes to these Terms
Drift reserves the right to change or otherwise modify these Terms at any time. In such event, Drift will provide the User with reasonable notice of such changes. Such changes shall only apply to the contractual relationship from the date notified to the user.
By continuing to use the service, the user accepts the amended conditions. If users do not wish to be bound by the changes, they must stop using the service and may terminate the contract.
Miscelleanous
If the revised terms and conditions are not accepted, either party may terminate the contract. For the relationship prior to the acceptance of the changes by the user, the respective valid previous version of the terms and conditions shall apply. The User may obtain any previous version of the Terms from the Provider. If required by law, Drift will notify Users in advance of the effective date of the amended Terms.
Drift reserves the right to transfer, assign, novate or subcontract any of its rights and obligations under these Terms, taking into account the User's legitimate interests. The provisions on amendments to the Terms apply accordingly.
Users may not assign or transfer their rights or obligations under the Terms in any way without the written consent of the Provider.
Should any provision of these Terms be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. In such event, the parties shall use their best endeavors to reach an amicable agreement on valid and enforceable provisions to replace the invalid, void or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, insofar as this is permissible or provided for under the applicable law.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these Terms and Conditions shall not render the entire agreement null and void, unless the provisions in question are essential to the contract or of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining provisions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.
These terms and conditions are subject to German law to the exclusion of the CISG regulations. The exclusive place of jurisdiction is Berlin, insofar as this is effectively agreed with the respective other party. Otherwise, the statutory place of jurisdiction shall apply.
These terms and conditions are provided to the Users with their consent in English only; the User hereby confirms to have sufficient knowledge of the English language. The user may request a translation into German for their understanding at any time by sending an email to hello@driftimmigration.com.