Terms and conditions of use


Terms and conditions for the use of "Domainkaufmann-Software" of Webeffekt AG, Magnusstraße 18, 46535 Dinslaken, Germany, hereinafter "Webeffekt". In this document the Domainkaufmann-Software and individual parts thereof are referred to as the "Software".


1. DATA PROTECTION PROVISIONS
1.1.Webeffekt points out that data provided by users or data which is automatically collected on the users' location (country) and their language in connection with use of the Software will be transmitted to an AdServer via the Internet. In this way Webeffekt can and will show advertisements with specific regional relevance in the Software for refinancing purposes.
1.2 Webeffekt points out that currently available technology does not enable it to guarantee comprehensive data protection for data which is transmitted in open networks such as the Internet.

2. PROPERTY RIGHTS
You acknowledge that
(a) the Software contains proprietary and confidential data which is protected by intellectual property law and other statutory provisions and that

(b) Webeffekt possesses all property rights, copyrights and rights of use in the Software described in this agreement and any updates thereof and any other software which is provided by or with this Software including but not limited to the industrial property rights contained in and associated with this licence. "Industrial property rights" means all rights which apply under patent law, copyright law, the laws on business secrets, the German Unfair Competition Act (Gesetz über den unlauteren Wettbewerb) and other property rights at a given time.

Webeffekt and its licensors do not provide any assurances or guarantees that this information is accurate or complete.

3. AUTOMATIC UPDATES
From time to time the Software connects to Webeffekt servers to search for available Software updates such as error remedies, improvements in functions, missing plug-ins and new versions (collectively referred to hereinafter as "Updates"). By installing the Software you agree to request and to receive automatic Updates.

4. WARRANTY EXCLUSION
4.1 Webeffekt SUPPLIES THE SOFTWARE WITHOUT ANY WARRANTY FOR DEFECTS OR OF ANY OTHER KIND. AS FAR AS IS LEGALLY POSSIBLE Webeffekt AND ITS LICENSORS EXPRESSLY EXCLUDE ANY WARRANTIES AND CONDITIONS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS ASSOCIATED WITH SALEABILITY, FITNESS OF THE SOFTWARE FOR A SPECIFIC PURPOSE, AND ABSENCE OF THIRD-PARTY PROPERTY RIGHT INFRINGEMENTS.
4.2 Webeffekt AND ITS LICENSORS DO NOT ACCEPT ANY WARRANTY THAT (I) THE SOFTWARE MEETS REQUIREMENTS OR (II) THAT THE SOFTWARE IS FREE FROM DEFECTS. FURTHER, Webeffekt DOES NOT MAKE ANY WARRANTY REGARDING THE SAFETY, RELIABILITY, UP-TO-DATENESS OR PERFORMANCE OF THE SOFTWARE NOR DOES IT WARRANT (IV) THAT ANY DEFECTS IN THE SOFTWARE CAN BE REMEDIED.

4.3 ANY ORAL OR WRITTEN DATA AND INFORMATION WHICH YOU MAY HAVE RECEIVED FROM Webeffekt OR A THIRD-PARTY PROVIDER OR VIA THE SOFTWARE DOES NOT GIVE RISE TO NEW WARRANTIES WHICH ARE NOT ALREADY EXPRESSLY CONTAINED IN THESE CONDITIONS OF USE.

5. LIABILITY LIMITATION
5.1 Webeffekt's liability for compensatory damages for its employees and vicarious agents
a) shall be unlimited for losses caused by slight negligence resulting in personal injury to life, the body and health;
b) shall be as prescribed by statute without any limit to the amount for losses caused by intent or gross negligence by Webeffekt's legal representatives and key employees or by serious organisational fault;
c) shall – in cases other than set out in a) and b) – be limited to foreseeable losses and losses which are typical of the contractual use to which the services are to be put for the following
aa) losses arising from culpable breach of material contractual duties,
bb) losses which were caused with intent or gross negligence on the part of Webeffekt's vicarious agents without infringing material contractual duties,
cc) in the event of inability to perform, inability to perform at the outset and default.
5.2 This has no effect on liability on the grounds of fraudulent intent under the German Product Liability Act (Produkthaftungsgesetz).
5.3 Webeffekt does not accept responsibility for the content of links which it provides from its website to the websites of third parties.
5.4 The customer shall indemnify Webeffekt for any disadvantages which Webeffekt could suffer owing to detrimental action on the part of the customer irrespective of whether such action is attributable to intent or negligence.
5.5 The customer shall accept contributory fault, for example failure to comply fully with its contractual cooperation duties (such as inadequate error messages, organisational errors or inadequate data back-up). The contractor is only liable for data recovery if the customer has taken the usual and appropriate data back-up precautions, ensuring that any machine-readable data and programs can be reconstructed using reasonable cost and effort.

6 General
6.2 If individual provisions of this agreement should be or become invalid, the invalid provision shall be replaced by a valid provision which most closely reflects the economic purpose of the invalid provision. The same applies to lacunae.
6.3 Place of performance: the place of performance for all obligations under this agreement shall be Dinslaken, Germany.
6.4 If the customer is a registered merchant, a special fund under public law or a legal entity under public law the place of jurisdiction for all disputes under this agreement shall – at the discretion of Webeffekt – be either the domicile of the customer or Webeffekt.
6.5 This agreement is subject solely to the law of the Federal Republic of Germany. The United Nations uniform law on the sale of movable goods is expressly excluded.
6.6 Any amendments or additions to this agreement shall be in writing. This also applies to any amendment to this written form clause.