General Conditions of Use
1. Scope of use
1.1 Any use of this website operated by Nordzucker AG (hereinafter referred to as "website") is subject to these conditions. These General Conditions of Use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the acquisition of products and/or services. The validity of these terms in the current version is considered accepted if you log in, or when no special long-in is required, if you begin to use the services.
1.2 If the user is acting as or for a company when using the website, i.e. in a commercial or independent professional capacity, or for a public corporation, § 312e para. 1 cl. 1-3 BGB (German Civil Code) shall not apply.
2.1 Nordzucker makes available specific information and software, including documentation, for retrieval or downloading and provides communication possibilities on the website.
2.2 Nordzucker is authorised to completely or partially shut down the operation of the website at any time. Due to the nature of the internet and computer systems, Nordzucker does not guarantee the continuous availability of the website.
3. Registration / password
3.1 Some pages on the website may be password protected. Access to these pages is only possible for registered users to ensure secure business transactions. It is possible to register for the particular application. There is no conditional right to be registered by Nordzucker and this website is available only to certain users. Nordzucker also reserves the right in particular to make previously freely accessible websites restricted to registered users only. Nordzucker is authorised at any time to revoke authorisation rights by blocking access data without needing to give reason, especially when the user
- enters incorrect details when registering,
- violates these conditions or his duty of care when handling log-in data,
- violates the applicable law (if appropriate, agreements when registering) when logging into or
using the website or
- does not use the website for a long period of time.
3.2 If registration is allowed, the user is obliged to provide accurate information and to inform Nordzucker immediately about any subsequent changes (if required, online). The user ensures that e-mails reach the e-mail address specified by him.
3.3 Upon successful registration, the user will receive a user name and password. The user data allows the user to view or edit data and, if necessary, revoke or add to consents entered into the data agreement.
3.4 The user must ensure that third parties cannot gain access to the user data, and is liable for all orders and other activities undertaken using this user data. The user must log out of the password protected area after every use. If the user discovers that third parties have been misusing the user data, the user is obliged to immediately inform Nordzucker in writing, and if possible, in advance by e-mail.
3.5 After receiving the message according to section 3.4, Nordzucker will block access to the password protected area using this user data. The suspension may only be removed after Nordzucker has received a special request from the user to remove it or after re-registration.
3.6 The user may at any time request termination of his registration, provided that the deletion is not against the proper performance of any contractual relationship. In this case, Nordzucker will erase all of the user data and all other personal data stored in the system as soon as they are no longer required.
4. Use of information rights, software and documentation
4.1 The use of information, software and documentation made available on the website is subject to these conditions or the relevant license conditions already agreed earlier with Nordzucker in the case of updates of information, software and documentation. Any specially agreed license conditions have priority over these general conditions.
4.2 Nordzucker grants the user a non-exclusive and non-transferable right to use the information, software and documentation available on the website to the agreed extent, and where not expressly agreed, in compliance with the purposes pursued by Nordzucker when making this material available.
4.3 Software will be made available free of charge in machine-readable format. There is no claim on the source code. This excludes source codes associated with open source software, whose license conditions allowing the transfer of open source software have priority over these conditions. In this case, Nordzucker will make the source code available in return for reimbursement of the costs.
4.4 The user must not distribute, lease or otherwise give any information, software or documentation at any time to third parties. Unless otherwise allowed by statutory regulations, the user may change, reverse engineer or reform neither the software nor its documentation, nor may he remove any parts. The user may create one backup copy of the software, if this copy is required to ensure further use in accordance with these terms.
4.5 Information, software and documentation are protected by copyright laws and international copyright treaties and other laws and conventions related to intellectual property. The user will observe these laws and, in particular, remove no alphanumeric codes, marks or copyright notices from the information or from the software or documentation or any copies.
4.6 §§ 69a et seqq. UrhG (Copyright Law) remain otherwise unaffected.
5. Intellectual property
5.1 Notwithstanding the special provisions in section 4 of these Conditions of Use, information, brand names and other content on the website can be neither modified, copied, reproduced, sold, leased, used, supplemented nor utilised in any other form without prior permission from Nordzucker.
5.2 Outside of the rights of use granted expressly herein, or other rights, the user will not be granted any other rights of any other kind, particularly with respect to company names and commercial protection rights such as patents, samples or brands, and neither does Nordzucker have any obligation to issue such rights.
6. Obligations of the user
6.1 When using the website the user may not:
- cause any harm to people, especially minors, or breach their privacy rights;
- act contra bonos mores when using the website;
- breach commercial privacy and copyright laws or other property rights;
- transfer content with viruses, Trojan horses or other programs that could damage the software;
- input, save or send hyperlinks or content, especially if these hyperlinks or this content breach non-
disclosure agreements or are illegal; or
- forward advertising or unsolicited e-mails ("spam") or inaccurate warnings of viruses, defects or
similar material, or participate in sweepstakes, pyramid schemes, chain letters or similar activities.
6.2 Nordzucker is authorised to block access to the website at any time, particularly when the user violates its obligations arising from these conditions.
The website may contain hyperlinks to the websites of third parties. Nordzucker accepts no liability for the content of these websites nor does Nordzucker adopt these websites or their content as its own because Nordzucker does not control the linked websites and is not responsible for the content and information they contain. Their usage takes place at the sole risk of the user and in particular with regard to any conditions of use they may contain.
8. Liability for legal and technical errors
8.1 Insofar as information, software or documentation is available free of charge, any liability for legal and technical errors in information, software and documentation, especially in relation to the correctness, accuracy, freedom from property and copyrights of third parties, completeness and/or usability - except for intent or malice - is excluded.
8.2 The information on the Nordzucker website may contain specifications or general descriptions of the technical applications of products which in certain cases (e.g. due to product changes) may no longer apply. The requested capability characteristics of the products must be agreed in each individual case at the time of purchase.
9. Other liabilities/viruses
9.1 Nordzucker's liability for technical and legal errors is governed by the provisions in section 8 of these Conditions of Use. Apart from that, Nordzucker is excluded from any liability insofar as no direct liability applies, e.g. pursuant to the Product Liability Act, premeditation or gross negligence, injury to life, limb or health, because of the acceptance of a quality guarantee, because of the malicious concealment of a deficit, or the violation of any contractual obligations. Damages arising from the violation of any significant contractual obligations are, however, restricted here to foreseeable contractual damages. Nordzucker is not liable for excess damages.
9.2 Nordzucker cannot guarantee the absence of viruses but will do all in its power to ensure that this website remains virus-free. Before downloading information, software and documentation, users should for their own protection, and to prevent viruses entering the website, ensure that they are in possession of appropriate firewalls and virus scanners.
9.3 No change in the burden of proof to the disadvantage of the user is associated with the regulations in the aforementioned sections 9.1 and 9.2.
10. Data protection
11. Supplementary agreements, place of jurisdiction, applicable law
11.1 Supplements or amendments to these conditions must be made in writing.
11.2 The place of jurisdiction is Braunschweig when users are commercial users in the sense of the HGB (German Commercial Code). The regulations in §§ 12 et seqq. ZPO (German Code of Civil Procedure) apply to all other users.
11.3 German law applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.