General terms and
conditions of use
GENERAL TERMS AND CONDITIONS OF USE
OF EURAS International GmbH, Eime, Germany (Status: May 2006)
1. Area of Application
1.1.
EURAS International GmbH (business residence at Unter den Tannen 6, 31036 Eime, Germany, hereinafter referred to as "EURAS") makes available an online platform, the so-called "EURAS System", the content of which is particularly information for repairing and servicing electronic devices. Users of this platform are primarily independently working CE technicians and service companies (hereinafter referred to as "Users"), who can offer their customers efficient service with these manuals. The service of EURAS is mainly directed at the business-to-business field. In exceptional cases, private persons may also use this platform; EURAS shall solely make any decision on this.
1.2.
The following conditions describe the conditions under which this information platform can be used. They govern the contractual relationship of EURAS with Users.
1.3.
All deviating conditions, along with supplements or changes, are binding only if they are confirmed in writing by EURAS.
2. Registration / Contract Conclusion / Fee
2.1.
Condition for participation in the use of this information platform is registration, which can be done online at <http://www.euras.com>. Upon registration, a User acknowledges these General Terms and Conditions of Use. An authorisation plug-in file is to be stored on the computer of such User for the subsequent identification of such user.
2.2.
Persons who operate a trade or who act as commercial persons (Kaufleute) in legal transactions can register. A private person is authorised to use the platform only if such person works in the professional field for which this commercial platform makes available detailed information and therefore possesses established knowledge in the handling of electronic devices.
2.3.
For participation, a prospective customer must fulfill the following conditions:
- it has its registered office or residence and usual place of habitation within the Federal Republic of Germany or abroad; or
- it is registered as a dealer (Kaufmann) in the commercial register or is considered to be a person similar to a dealer, or it submits a valid trading licence (or an adequate verification for foreigners); or
- it is registered as a service operator in the Craftmen's Register or possesses a membership in a specialised trade cooperative group or a technician federation; or
- it possesses a service authorisation by a manufacturer of consumer electronics or building services; or
- it proves in any other acceptable way that it does not need the use for solely purely private purposes, but that an additional professional reason exists with priority; for example, this is the case if the prospective customer submits a verification of training or practice for the field of the servicing consumer electronics devices.
2.4.
If EURAS examines and accepts the information of the prospective customer for admission into the system, the prospective customer will receive a confirmation email regarding such customers successful registration.
2.5.
The use fee to be paid monthly is to be acknowledged during the registration procedure. If the use authorisation is acquired with a ticket that is limited in time, a one-time fee is to be paid for this. The use authorisation automatically terminates upon the expiration of the ticket.
2.6.
In general, there is no right to participation.
3. Services of EURAS
3.1.
With access to the "EURAS System", EURAS offers Users a database system developed in modules with a know-how community that supports professional CE service technicians with information for the repair and service of electronic devices.
EURAS receives the appropriate information either from third parties (typically manufacturers, Users of the system or cooperating special workshops), or constructs such information through its own know-how.
3.2.
EURAS also provides Users with the opportunity to themselves enter (or have entered for them) their own (relevant) information into the platform, such that the information platform is also continually expanded by the Users.
3.3.
Finally, Users can contact one another in the so-called "pin wall system" and exchange information.
3.4.
EURAS has international cooperation partners whose locations can be seen by Users at the internet address. These cooperation partners of EURAS serve Users locally as their administration offices and contact persons.
3.5.
Regardless of the country in which a User has its registered place of business, the contract regarding the use of the "EURAS System" is only entered with EURAS International GmbH/Germany, and only these General Terms and Conditions of Use are to be used.
3.6.
Finally, at the site <http://www.technik-experte.com>, EURAS has arranged the opportunity for end users to find specialists that are suitable for problems with electrical devices. The General Terms and Condition at such site govern the details.
4. Obligations of Users
4.1.
Each component of the Internet information platform made available by EURAS is protected by copyright law. After registration, a User is entitled to exploit the database within the limits set by §§ 87 et seq. of the German Copyright Act (Urhebergesetz) in the ordinary course of business.
4.2.
A User is obligated to use the information platform made available by EURAS only for its planned purpose and refrain from any improper use. If a User obtains co-authorship rights through independent entries into the database, he waives his rights of exploitation, particularly the assertion of claims within the meaning of §§ 87 et seq. of the German Copyright Act.
4.3.
If a User enters its own repair manuals or other information into the "EURAS System", such information must be correct and complete. The manuals and/or the information must not violate any law or regulation, particularly regulations under copyright law, consumer protection law or competition law, or prohibitions against discrimination.
4.4.
A User shall immediately inform EURAS of any unfair business practice of other Users of which it becomes aware during the use of the information platform or otherwise.
5. Legal Position / Liability of EURAS
5.1.
EURAS is liable for the correctness of its own information that it enters into the "EURAS System".
If the information concerns a manual directly from manufacturers or the Users of the "EURAS System", EURAS examines any such manual only for its plausibility, but not for its correctness.
Therefore, the liability of EURAS within this area is limited to the accomplished plausibility check. There is no liability of EURAS going beyond this.
5.2.
The decision regarding the use of the provided information is at the sole discretion of a User, such that EURAS assumes no liability for the applied information being suitable for the intended purpose of such User.
5.3.
If there is a repair failure due to incorrect manuals provided by EURAS, the liability of EURAS for the payment of damages is limited to the actual repair value of the equipment. The amount of the claim for damages is limited to the original value of the equipment.
5.4.
If EURAS leads a User to an external website by means of a link, EURAS dissociates itself from content of any such site, such that any liability of EURAS for this foreign content is barred.
5.5.
There is no right to use the information platform of EURAS. The platform may be temporarily unavailable particularly for maintenance work or the like, without thereby giving rise to any claim of a User against EURAS.
6. End of Participation, Termination, Withdrawal Right
6.1.
The use authorisation of the "EURAS System" is applicable for an unlimited period of time and can be terminated by each party without any statement of the reasons with compliance with a term of notice of one week as of the end of each calendar month. The notice of termination must be in written form. A notice of termination is not necessary if a ticket is acquired for use that is limited in time. In any such case, the use authorisation ends upon the expiration of the ticket.
6.2.
If there are extraordinary grounds for termination, EURAS is entitled to terminate the approval of the participation with immediate effect. There are extraordinary grounds for termination particularly if
- a request for the opening of insolvency proceedings is made over the assets of a User or
- a User uses the services offered by EURAS to undertake transactions that are contrary to law or morality or
- a User demonstrably violates the General Terms and Conditions of Use of EURAS deliberately or with gross negligence or
- a User provided false information at registration or
- a User sends false information to EURAS for entry into the information platform, consciously or with gross negligence or
- a User otherwise improperly uses the Internet platform of EURAS.
6.3.
If a User enters into a contract with EURAS as a consumer (therefore, the use taking place for purely private purposes), such User is entitled to withdraw from entering into such contract. The withdrawal can be sent within two weeks from the point in time of the registration confirmation by email to EURAS at euras@euras.com; in doing so, the keeping of any such period depends on the point in time of sending the email.
Such User will then receive a confirmation email stating that the contract did not arise and no fees have arisen.
7. Intellectual Property Rights
7.1.
All copyright rights and rights to use possessed by EURAS remain with EURAS.
7.2.
Copying, changing, transmitting and publishing or otherwise using any of the content (including the used software or components thereof) by a User or a third party is prohibited, as long as and to the extent that EURAS has not provided its previous written consent.
7.3.
If a User enters its own information into the EURAS System, this is associated with an unrestricted right to use for the other Users and EURAS. Such User shall not assert any claim under copyright law against any User or EURAS.
7.4.
The Users are prohibited from engaging in any duplication of the data (particularly copying the data on electromagnetic, opto-electronic or other data media) along with any exploitation, transmission, dispersion or other use of the data existing on the server and/or file libraries for commercial purposes.
8. Data Protection
8.1.
Regarding the personal data of the Users in accordance with § 33 of the German Data Protection Act (Bundesdatenschutzgesetz), reference is made to the fact that this data will be stored and/or transferred in accordance with the conditions of the applicable data protection regulations.
8.2.
The Users who make available to EURAS data for entry declare that they are in agreement with the subsequent processing of the data by EURAS within the ordinary course of business. EURAS is permitted to input such data into its Internet commercial platform and thereby make such data available to the other Users.
8.3.
EURAS refers the Users to the fact that data disclosed on the Internet encoded with appropriate technical know-how can still be read by outside third parties. EURAS has no influence on this and is not obligated (particularly to users) to take technical or legal measures to protect the data.
8.4.
If and to the extent that there are copyright rights, trademark rights or other intellectual property rights in the data that is conveyed, the Users grant to EURAS the right to enter such data into the Internet information platform within the ordinary course of business.
If there is any violation of a third party right due to an action and/or omission of a User, regardless of the legal grounds, any such User shall indemnify EURAS against any claim that such third party asserts against EURAS. Any judicially determined claim is to be settled by such User with any such third party.
9. Area of Jurisdiction
The area of jurisdiction for all disputes arising from contracts with EURAS and these General Terms and Conditions of Use is Hanover, to the extent that both contractual parties are commercial persons (Kaufleuten).
10. Applicable Law
These General Terms and Conditions of Use are exclusively subject to German law, to the exclusion of U.N. sales law.
11. Savings Clause
If one of the preceding provisions should be null and void or ineffective, the remaining contractual clauses remain unaffected by this. The null and void or ineffective clause is to be replaced by a provision that corresponds to the economic meaning and purpose of the defective clause by means of a supplement to the contract.
12. Final Provisions
EURAS may change these General Terms and Conditions of Use at any time. All Users will be notified of any change on a timely basis.