Terms & Conditions of Use for the "portal.reinhausen.com" Portal
I. Scope of Application
1. 1. These Terms & Conditions govern the use of the “portal.reinhausen.com” portal (hereinafter referred to as the “Portal”) of Maschinenfabrik Reinhausen GmbH (hereinafter referred to as “MR”) as well as the information made accessible through the Portal. The Portal and applications provided through the Portal may be used only in compliance with the Terms & Conditions set forth below. Registration or login will deemed express acceptance of the currently valid version of these Terms & Conditions.
2. The functions and information made available through the Portal of MR are intended exclusively for business users and public sector organizations. For the purposes of these Terms & Conditions, business users will be deemed to include any natural or legal person or partnership that uses the Portal of MR for purposes relating to its trade, business, craft or profession. MR may at its sole and absolute discretion grant or deny access to the Portal.
II. Registration and Log-In Data
1. The use of the Portal is subject to prior authorization by MR. Personal authorization enables the users to access and use the booked applications. To register, users must truthfully complete the registration process and provide the information required.
2. After completion of the registration process, MR will examine the data and forward confirmation of registration to the user by e-mail. New users will receive the personal access data required to use the applications made available through the Portal (user name and password) from MR in a separate e-mail (log-in data). The user agrees to change the password received immediately upon receipt. This will involve selection of a secure password, that contains at least 8 characters (Lower- and uppercase letters, special characters). Log-in data must also be securely protected against unauthorized access.
3. The user will be responsible for all activities carried out through the use of the user's log-in data. The user must notify MR in writing without delay of any abusive use of the user’s log-in data or any suspicion of such use.
4. MR reserves the right to block access to the Portal or delete the user’s log-in data without notice at any time. This may occur in particular if reason exists to assume abusive use of the applications made available through the Portal.
III. General Rules for Use
1. MR agrees to ensure average portal uptime of 98.5% per year for the agreed services. This figure takes into account necessary maintenance work. Downtime may not exceed 48 hours without interruption.
2. MR expressly reserves the right to suspend or terminate access to the Portal and applications made available through the Portal temporarily or permanently – for example, for maintenance or reasons of security. MR makes no warranty that functionality and accessibility will be error-free or uninterrupted.
3. The user agrees to use the Portal in an appropriate manner and, in particular, in compliance with these Terms & Conditions.
4. The user agrees to use the Portal in such a manner as to avoid damage to or disruption of operation of the Portal and/or the applications made available. In the case of any loss or damage suffered by MR due to improper use of the Portal by the user, the latter will be liable to MR for any such loss or damage.
5. MR does not back up data provided by users. The user will assume full responsibility for data security.
IV. Intellectual Property Rights
1. All copy, visuals, logos and graphics that appear on the Portal as well as other content of applications made available through the Portal (hereinafter referred to as: “Portal Content”) are protected by copyright law or other proprietary rights.
2. MR grants the user only such rights to Portal Content as may be necessary for the proper use of the Portal and applications provided through the Portal.
3. Unless expressly provided under these Terms & Conditions or approved by MR in writing, Portal Content may not be reproduced, disseminated, published or transferred in any form or by any means.
V. Use of non-personal data
Insofar as MR obtains non-personal data of the customer and/or third parties in the course of the performance of the contractual relationship (e.g. device characteristics, performance parameters, other technical information), MR may use this data for its own business purposes (e.g. for further product development, quality controls and improvement of the range of services) for an unlimited period of time. This applies accordingly to such data that MR has sufficiently anonymized in accordance with the applicable data protection regulations. MR will not share this data with third parties outside the MR group of companies.
VI. Data Protection
Conditions pertaining to the treatment of personal data in connection with the Portal and applications made available through the Portal are provided in a separate Data Privacy Statement, which is an integral part of these Terms & Conditions.
1. MR reserves the right to amend or replace these Terms & Conditions without notice at any time.
2. MR and the user agree and consent to the exclusive jurisdiction of the courts of the principal place of business of MR in the case of any dispute arising from or related to the business relationship between them. MR may further bring legal action before the jurisdictional courts of the principal place of business of the user or any other court of jurisdiction.
3. The business relationship between MR and the users will be governed by and construed in accordance with laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
4. If any term, provision, covenant or restriction of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of these Terms & Conditions will remain in full force and effect. Any such invalid, void or unenforceable term, provision, covenant or restriction will be replaced by a term, provision, covenant or restriction that is consistent with these Terms & Conditions and most closely approximates the intent and purpose of the original provision.