Terms and Conditions of use for our Online Tools
General terms and conditions of use for our online tools
We, Laudert GmbH + Co KG, Von-Braun-Straße 8, 48691 Vreden (“We”), provide you, a customer, supplier, partner or employee thereof (“You”), with online tools for use in collaborating and communicating with us. Use of these online tools shall be subject to these General Terms and Conditions of Use (“Conditions”), which must be observed by You at all times.
1. general information
These Conditions shall conclusively govern the use of the online tools. We will not enter into any other individual agreements with You, which would, however, take precedence over these Conditions by law. By registering, You agree to the rules set out herein relating to the use of the online tools.
2. provided online tools
We shall decide at Our own discretion which online tools We make available to You. In most cases, this will be Confluence or Jira software from the software manufacturer Atlassian which is run by us.
The online tools shall be provided “as is”. You shall not be entitled to a specific technical implementation, design or specific features of the online tools. We may therefore modify the online tools or individual functions thereof in whole or in part at any time or discontinue them permanently or temporarily.
You shall not be entitled to a specific availability of individual or all functions of the online tools.
3. acess to the online tools
You must register and log in to access the online tools. Access is personalised and may not be transferred by You to third parties. You must have full legal capacity and be of legal age to register and log in.
4. uur rights and obligations
We shall be granted exclusive rights of use, without any restriction of territory, time or content, for all known and unknown types of use of any feedback You may provide in the online tools relating to Our products and services and for any results or other findings derived therefrom by Us or third parties (“Feedback”) as soon as such Feedback is made. This includes in particular, but is not limited to, the right to copy, distribute, make publicly available and edit as well as translate such Feedback. Thus, We shall be granted all rights necessary to exploit, use and refine the Feedback Ourselves, as well as share the Feedback with third parties as We see fit or to have these rights asserted by third parties as We see fit, whether for payment or free of charge. We shall not owe any remuneration for such transfer of rights. Sections 32a, 32c of the UrhG [German Copyright Act] shall remain unaffected.
By providing the online tools We supply the technical-organisational framework for their use. Any content posted there via Your access constitutes third-party information for Us as a technical service provider. We shall expressly mark Our own content as such. Any content other than Our content shall be transmitted solely for operation of the online tools and shall be transmitted exclusively by You or the other users. You will choose the recipients of Your content Yourselves. We will not be involved in this process and, generally, We will not change anything, other than, for example, by assigning a different agent to an inquiry and replacing the recipient for this purpose. We will not supervise You and We will not give You any instructions relating to the content which does not originate from Us.
We shall not be responsible for the correctness and completeness of the content posted or otherwise provided by You.
5. your rights and obligations
You may use the online tools exclusively for collaborating with Us.
You shall be responsible for ensuring that all legal regulations applicable in relation to Your content are complied with. Therefore, You may not post any content for which You do not have the necessary rights (such as drawings by third parties). This also applies if You disclose personal data of third parties via the online tools.
In the event that You or a third party become aware that Your content violates Our rights, rights of other users or third parties, We will investigate such allegation and, if necessary, block or delete the content concerned. Please contact Us at the address specified in the legal notice to clarify such matters. The same applies if You suspect that the online tools are being misused by third parties not authorised to use them. The right to assert further claims shall remain unaffected.
You may not misuse the online tools for illegal purposes. In particular, You may not violate the property rights of third parties such as trademark rights, copyright or rights to a name, You may not advertise products or services other than Our products or services and You may not post any content that is insulting, defamatory, pornographic, harmful to minors or otherwise punishable under criminal law or an administrative offence, nor may You post content that discriminates against people on the basis of their religion, country or place of origin, nationality, income, sexual orientation, age or gender or that is racist, hateful, sexist or incites hatred. In the event that You attempt to “hack”, block, modify or otherwise alter the functionalities and interfaces provided by Us via the online tools by means of software or scripts, We may file criminal charges.
You shall be obliged to keep Your access data secret and not disclose it to third parties. Please inform Us immediately if there has been any misuse of the online tools by persons not authorised to use them or if You suspect such misuse. In particular, this is the case if Your access data has been lost. We can then immediately block access until You have been assigned new access data.
If We ascertain or have reasonable grounds to suspect that You have violated these Conditions, We may block Your access to the online tools entirely or in part, permanently or temporarily, until such suspicion is found to be baseless or We have reached an agreement with You that You will not violate these Conditions in the future.
6. copyright and industrial property rights
The content provided by Us in the online tools is generally protected by copyright or other industrial property rights (such as trademarks or patents). You may not modify, copy, distribute, transmit, reproduce, publish, license, sell, rent or make available to third parties any of the content unless You have obtained Our prior consent.
7. links and embedded content
Links can be used to take You from the online tools to external websites and offers in social networks that are not operated by Us. Such links are either clearly marked by Us or You can recognise them by the change in the address line of the browser You are using or by another program being started. We are not responsible for the content of such external offers. The same applies to embedded external content in the online tools e.g. by means of so-called framing.
Die Nutzung der Online-Tools ist für dich unentgeltlich. Es besteht jedoch die Möglichkeit, dass wir unserem Kunden, Lieferanten oder Partner, für den wir die Zugänge einrichten, hierfür eine Vergütung berechnen. Dies stimmen wir vorher jeweils ab.
We are generally liable as stipulated by law.
However, We shall not be liable in instances which do not involve injury to life, body or health or any other damage arising from intentional, grossly negligent or fraudulent breach of duty on Our part or on the part of one of Our legal representatives or vicarious agents.
10. data protection and confidentiality
Essential content of the online tools are business secrets owned by Us, Our affiliated companies or third parties. You are therefore obliged to treat the content confidentially unless it is already publicly known.
The contract governing your use of Our online tools runs for an indefinite period and can be terminated by either party at any time without giving reasons. A notification in text form shall suffice for this (e.g. via e-mail). Discontinuation of the online tools shall also be deemed to be a termination. Once termination becomes effective, Your right to use the online tools shall end. The right to extraordinary termination for good cause shall remain unaffected.
12. modifications of and amendments to these conditions
We reserve the right to modify or make amendments to these Conditions at any time. Such modifications or amendments shall become effective if You do not object in text form to such modifications or amendments within two weeks of receipt of the notification and after having been advised of this time limit and Your right to object in the notification. If You object within this period, We will consider this as a termination and terminate Your use of the online tools.
These Conditions shall be governed by German law.
Should any provision in these Conditions be found to be invalid or in case of omissions, the validity of the remaining provisions in these Conditions shall remain unaffected and must be these observed by You. Statutory law shall apply in place of the invalid provision or omission.