Scope of application
By using the registration to our Download Portal, you are accepting the following General Terms and Conditions of Use, including any changes to these General Terms and Conditions. We reserve the right to change these General Terms and Conditions at any time without further notice. You may not use our Download Portal if you do not accept these General Terms and Conditions.

 

Usage
The User must register on the Download Portal before using it. The User is given a user name and a password to log into the Download Portal.
There is no entitlement to use the Download Portal. Such an entitlement cannot be enforced by legal action or demanded or extorted in any other way.
The User is obligated to keep his password secret. Disclosure to third parties is not permitted. The User bears sole responsibility for all actions carried out in his name.

The Download Portal is aimed exclusively at our business partners and serves solely for the exchange of business data.

 

Usage restriction
Herth+Buss is entitled but not obligated to take the following measures at its own due discretion at any time and without stating reasons to the User:

• Change, suspend or interrupt the Download Portal
• Refuse, relocate or remove any content whatsoever available on the Download Portal
• Establish rules and restrictions for using the Download Portal

The User indemnifies Herth+Buss with respect to any and all claims of the User or third parties arising because one of the measures stated above is taken.

 

Rights to contents
Contents created by Herth+Buss or by business partners of Herth+Buss are on the Download Portal. The entire material provided on the Download Portal, especially files, texts, photos, graphics, images, logos, audio and video clips are the intellectual property of Herth+Buss and are protected by German and international trademark, copyright and database law. Any replication or dissemination of these whatsoever as a whole or in part in any medium requires the written approval of Herth+Buss.

 

Warranty
Using the Download Portal, especially for data download, is at the User’s own risk. All downloads offered here are subject to a virus scan. Herth+Buss assumes no liability for damages, impairments, data loss or other damages caused by computer viruses or other impairments, nor liability for indirect damage or lost profits. This also applies for damage to third parties caused in connection with this.

 

Liability and liability limitation
Irrespective of legal grounds, damage compensation claims against Herth+Buss are excluded unless Herth+Buss, its lawful representatives or vicarious agents acted with wilful intent or gross negligence. Herth+Buss shall only be liable for minor negligence if Herth+Buss, its managerial employees, lawful representatives or vicarious agents have offended against a cardinal contract duty essential for the achievement of the contractual purpose.
The foregoing liability limitation does not apply for damage compensation claims resulting from injury to life, limb or health or the assumption of a characteristics guarantee or malicious concealment of defects by Herth+Buss.
If Herth+Buss should be liable for minor negligence, then the damage compensation claim shall be limited to the foreseeable damage typical for the contract.

Damage compensation claims against Herth+Buss are statute-barred on expiry of 12 months, unless said claims are founded on an unlawful or wilful act.
Inasmuch as the liability of Herth+Buss is excluded, this shall apply also for partners of Herth+Buss and for enterprises associated with Herth+Buss and for a personal liability of employees, workers, representatives, shareholders and vicarious agents of Herth+Buss and/or of partners of Herth+Buss and/or of enterprises affiliated with Herth+Buss.

 

Secrecy and data protection
The User commits to treat as confidential and keep secret without limit in time all business and operating secrets or data and information designated as confidential. The User is hereby informed that Herth+Buss treats his data and information in accordance with ISO/IEC 27001.

 

Governing law, Place of fulfilment, Place of jurisdiction
German law shall apply under exclusion of international private law (UN commercial law).

Inasmuch as lawfully admissible, place of fulfilment and exclusive place of jurisdiction is the domicile of Herth+Buss.

 

Severability clauseVerbal ancillary agreements do not exist. Changes to the contract conditions must made be in writing. This applies also for the annulment or amendment of this written form clause.Should a provision of these Terms and Conditions of Use be invalid, this shall not affect the validity of the Terms and Conditions of Use otherwise. The invalid provision shall be replaced by a regulation coming as close as possible to that which the parties desired in consideration of economic aspects.