§ 1 Range of Application and Basis
(1) These General Terms of Use apply to all offers made on the website www.ift-messtec.de and its subdomains of ift MessTec GmbH as well as to all extensions and modifications. Use of the website www.ift-messtec.de is permitted exclusively on basis of these terms and conditions. The user accepts these conditions by logging in or - if areas are used for which a login is not required - by commencing use. The operator of the website www.ift-messtec.de is ift MessTec GmbH, hereinafter referred to as the "Operator".
(2) The Terms of Use are available on the Internet at any time and can be printed. They apply to all one-time and ongoing offers and services, unless more specific regulations intervene.
(3) In addition to the General Terms of Use, the General Terms and Conditions of ift MessTec GmbH apply.
(4) Insofar as special services or benefits are offered on www.ift-messtec.de in addition to information, additional special terms of use may apply. The more specific terms and conditions in each case shall take precedence over the more general terms and conditions in each case insofar as they contain deviating provisions, otherwise they shall supplement them.
(5) If services are provided by cooperation partners or third parties, their General Terms and Conditions shall apply in addition but with priority. The user will be informed of this separately. If services or performances of third parties are mediated to the user via www.ift-messtec.de, contractual relationships arise exclusively between the user and the third party.
(6) Terms and conditions of the user that conflict with or deviate from these terms of use shall not apply.
(7) The operator reserves the right to amend these terms and conditions of use vis-à-vis the users for the future, for example in order to take account of changes in the law or changes in the offers on www.ift-messtec.de. The operator will announce any changes to the General Terms of Use in good time - at least four weeks before they come into force. For non-registered users, the terms of use valid at the time of the respective use of the website www.ift-messtec.de shall apply.
§ 2 Conditions for Use
(1) The prerequisite for using www.ift-messtec.de is online access to the Internet. Dial-up to the Internet may be associated with dial-up or telephone charges from the respective provider (see § 8 (6)).
§ 3 Object of Use, Access and Operation
(1) The user can obtain information on topics relating to test rigs for windows, facades, glass, doors, gates as well as their accessories (hardware, sealants, building materials, etc.) on the website www.ift-messtec.de. All new offers by the operator that extend and/or improve the existing scope of services are also subject to these terms of use and the General Terms and Conditions of ift MessTec GmbH.
(2) The use of all offers in the public and freely accessible area on www.ift-messtec.de is free of charge, unless the respective offers refer to the obligation to pay. The operator expressly reserves the right to introduce a cost obligation for individual offers at any time.
(3) Every user and every visitor to the website www.ift-messtec.de can retrieve and download freely accessible documents such as test rig descriptions, brochures or sales documents.
(4) The operator is entitled to set up or change its website and offers at any time at its own discretion without notice or to change them in any other way.
(5) The information and services of the operator are offered to the user subject to availability. Temporary service interruptions/restrictions due to normal maintenance work - which the operator is entitled to carry out at any time, further developments, system-immanent disturbances of the Internet at third-party providers or third-party network operators or due to force majeure are possible. Furthermore, there is no claim to proper access to the website at all times or to uninterrupted usability or accessibility. This applies in particular insofar as access is caused by malfunctions that are not the responsibility of the operator.
§ 4 Data Security
The Internet is a publicly accessible system. The disclosure of information by the user via the Internet is at his own risk. The data may be lost or fall into the hands of unauthorized persons. Claims for compensation by the user against the operator do not arise from this. The operator shall provide appropriate protective measures to ensure secure transport of the information and appropriate protection of the operator's IT systems. The necessary measures have been taken to achieve this.
§ 5 Data Protection
The operator observes the legal privacy policies. Unless the user has given his consent to another type of use, the personal data provided by the user during registration will be stored, processed and used by the operator in machine-readable form exclusively for this purpose. Consent to registration is necessary as this is required to provide the service. For more information, see the privacy policy on the operator's website.
§ 6 Duties of the User
(1) The user undertakes not to violate morality, applicable legal provisions and/or any contractual provisions when using the website www.ift-messtec.de. Furthermore, the user undertakes not to violate industrial property rights and copyrights or other property rights of the operator and/or a third party and to observe the obligations of the privacy policies.
(2) The user shall indemnify the operator against all disadvantages incurred by the operator as a result of breaches of contract by the user or as a result of a claim by third parties due to actions by the user that are in breach of contract.
(3) The user shall bear the end device costs and the telecommunications charges.
(4) Furthermore, the user is prohibited from using technical actions (such as running scripts, hacking attempts, spreading viruses, worms, Trojans, brute force attacks, etc.) to impair or attempt to impair the functionality of the website www.ift-messtec.de or third parties.
§ 7 Scopes of Use
(1) The information and documents made available on www.ift-messtec.de may be used by the user to the extent agreed or, if nothing has been agreed, to the extent in accordance with the purpose pursued by the operator in making them available.
(2) All rights, in particular the copyrighted rights of use and exploitation of all posted documents and information, lie - in relation to the user - exclusively with the operator.
(3) The user may only save and use the data, documents and information if expressly authorized to do so within the scope of the respective contract on the use of the online service and exclusively for his own internal use. The user may make paper copies and duplicates (downloads and printouts) of individual data, documents and information for his own private or personal use, provided that the number of copies does not exceed seven; the right to make copies/multiplicates is indicated separately in each case.
(5) Users may also store and use the data, documents and information listed in § 3 (3) for their own internal use, provided they have been expressly authorized to do so in accordance with the Terms of Use.
(7) The user may not remove copyright notices, trademarks and other legal reservations in the data and must ensure that the authorship is acknowledged. Furthermore, he may not change, copy, duplicate, sell, rent, use, add to or otherwise exploit brand names and other contents of the website www.ift-messtec.de unless the operator has given his prior written permission to do so.
§ 8 Operator's Liability
(1) The operator is not liable for the correctness and completeness of the data provided by the user.
(2) The operator provides the user with data, documents and information for retrieval and use. The operator does not assume any liability and/or warranty for the correctness, accuracy, completeness, reliability and up-to-dateness as well as for the serviceability and/or usability of the retrieved data, documents, information, research and test reports or for their freedom from property rights and copyrights of third parties.
(3) If the operator provides data, documents and information free of charge, he is not liable - except in the case of intent and malice - for material defects and defects of title of these data, documents and information.
(4) Claims for damages by the user, irrespective of the legal grounds - in particular for breach of duties arising from the contractual obligation and from tort - are excluded. This shall not apply in cases of mandatory liability, e.g. under the Product Liability Act, in cases of intent, gross negligence, for damage to life, body and health, due to the assumption of a guarantee for the existence of a characteristic or the breach of essential contractual obligations. However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, except in case of intent or gross negligence or in case of liability for bodily injury or due to the assumption of a guarantee for the existence of a characteristic. A change of the burden of proof to the disadvantage of the user is not connected with the above regulation.
(5) Since the operator has no influence on the transport of data via the Internet, the operator assumes no liability for technical malfunctions when accessing the Internet. Furthermore, he does not guarantee that interactive processes will reach the user correctly and at a certain transmission speed, nor that access to the Internet will be guaranteed at all times.
(6) During maintenance work on the system or in the event of faults in public power networks, there may be restrictions on the use of the system. The user is not entitled to assert claims of any kind against the operator if maintenance work, faults in the system or in the public service network lead or have led to the website www.ift-messtec.de being unavailable.
(7) Due to the technical circumstances resulting from the connection to the Internet, the operator cannot guarantee that the flow of information to and from the operator will not be intercepted and/or recorded by third parties. Outside of its area of control, the operator therefore assumes no liability for data security. The operator shall also not be liable for events causing damage - such as a loss of data - that occur on the transmission path outside its sphere of control.
(8) Although the operator operates the website www.ift-messtec.de in accordance with the latest technical and organisational security standards, it cannot guarantee that it is free of viruses. In this respect, the user is responsible for his own protection. Before downloading data, information and documents, the user must ensure that appropriate security measures are in place; this provision does not imply a change in the burden of proof to the detriment of the user.
(9) The website www.ift-messtec.de is linked to external websites of third parties. ift MessTec GmbH has no influence on the contents of directly or indirectly linked websites. The respective provider or operator is responsible for the correctness of the contents of the non-operator websites, which is why ift MessTec GmbH accepts no liability for them. ift MessTec GmbH expressly does not adopt the content of the linked non-operator pages - insofar as they are not pages of companies affiliated with the operator, such as the Institut für Fenstertechnik e.V. - as its own, but distances itself from the linked pages.
§ 9 Final Provision, Place of Jurisdiction, Applicable Law
(1) There are no ancillary agreements to these Terms of Use. Amendments and supplements to the Terms of Use, including amendments to this clause, must always be made in writing to be effective.
(2) Should any provision of this agreement be invalid or ineffective in whole or in part, or should it subsequently lose its legal effectiveness, this shall not affect the validity of the remaining provisions/regulations of this agreement. Invalid/ineffective provisions shall be replaced by provisions that come as close as possible to the intended provision. The same applies to the occurrence of any regulatory gaps that may require interpretation.
(3) If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction is Rosenheim.
(4) All legal relationships arising from these Terms of Use shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
