GWJ Technology GmbH, Rebenring 31, 38106 Braunschweig, Germany- hereinafter referred to as GWJ Technology GmbH, operates the web-based software eAssitant (engineering-Assistant) as well as all related web sites and holds all intellectual property rights in regard to this service.
The agreement between GWJ Technology GmbH and the user of the services shall be governed solely by these Terms and Conditions.
II. Commencement of the Agreement
1. Test Account
The agreement on the use of the test access to the eAssitant will commence after the user submits to GWJ Technology GmbH an offer for conveying the authorisation of access to the test account and GWJ Technology GmbH accepts the offer by sending the access data.
When the agreement is concluded, GWJ Technology GmbH grants the user a basic, non-exclusive right of use for the duration of the test account.
The agreement on the use of the eAssistant will commence after the user submits to GWJ Technology GmbH a written offer for activating the authorisation of access by mail or fax and GWJ Technology GmbH accepts the offer by activating the access data.
When the agreement is concluded, GWJ Technology GmbH grants the user a basic, non-exclusive right of use for the duration of the this aggreement. The right of use is granted in return for the payment of the agreed fee.
III. Authorisation of Access
Upon commencement of the agreement, the user obtains access for the use of the eAssistant from GWJ Technology GmbH.
2. Access Restrictions
The user shall not acquire any copyright or other proprietary rights in the eAssistant when obtaining the access. The access is restricted to individuals registered under their complete and accurate address data.
3. Use of Third Parties
The disclosure of the access data (user name and password) to third parties and the use of the access data by third parties are not permitted without the prior written consent of GWJ Technology GmbH.
IV. Defects warranty and Limitation of Liability
GWJ Technology GmbH accepts unrestricted liability for deliberate acts and gross negligence, including deliberate acts and gross negligence of its legal representatives and employees.
The liability for death and personal injury of GWJ Technology GmbH’s contracting party resulting from wilful or negligent breach of obligations by GWJ Technology GmbH, its legal representatives or employees remains unaffected.
GWJ does not warrant that the operation of the eAssistant will be uninterrupted or error free. GWJ Technology GmbH shall not be liable for damages such as loss of data, revenue or profits or any other special, incidental, direct or indirect or other consequential loss or damage resulting from the use of the services except deliberate acts and gross negligence of GWJ, its legal representatives and employees.
This limitation of liability applies even if GWJ Technology GmbH is expressly advised of the possibility of such damages. GWJ Technology GmbH shall not be liable for damages resulting from incorrect, incomplete, faulty or out-dated information or statements.
GWJ Technology GmbH has endeavoured to take all reasonable and appropriate care in the preparation of the provided software and has no reason to believe that any information is inaccurate.
GWJ Technology GmbH does not accept liability for any loss or damage which may result either directly or indirectly from faulty software, especially those resulting from the application, use and/or interpretation of data and the acquired results. GWJ Technology GmbH shall not be liable for technical problems of the user where such problems do not fall into the area of GWJ Technology GmbH’s responsibility.
V. Right of Termination
GWJ Technology GmbH shall be entitled to terminate the agreement without prior notice if the user fails to comply with any of the provisions of the agreement. GWJ Technology GmbH reserves the right to suspend the eAssistant and related web sites without prior notice.
1. Storage, Use and Transfer of Data
GWJ Technology GmbH takes the protection of personal data very seriously and provides for the protection of the privacy of the user in all business proceedings. GWJ Technology GmbH will store personal data only when they are given in connection with a registration or a survey.
GWJ Technology GmbH will use personal data of the user to the respectively necessary extent only for:
The disclosure of data to third parties is not permitted without the prior consent of the user.
2. Data Protection, Obligation to Confidentiality
GWJ Technology GmbH uses technical and administrative security measures to protect all processed data against incidental or deliberate manipulation, loss, damage or unauthorised access of third parties.
GWJ Technology GmbH is obligated to handle all data entrusted to it as strictly confidential. This obligation to confidentiality applies to all of GWJ’s employees.
The eAssistant and related web sites may contain links to Third Party web sites, on which this obligation to confidentiality does not apply.
VII. Jurisdiction and applicable law
The parties agree and submit to the exclusive jurisdiction of the courts of Braunschweig, Germany, for any dispute arising out of this agreement, its execution and/or termination. The place of performance shall be Braunschweig, Germany.
This agreement is governed by substantive German law including CISG but not the conflict-of-law rules.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be severed from these Terms and Conditions and the remainder of this Agreement shall continue in full force.