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Terms & Conditions
Preamble
These Terms & Conditions define the principles of use of the websites, and contain conditions relating to data protection, including a declaration of consent for data storage, and applies also to the use or partial use of other websites allowing full or partial access to Vemics Inc.. Those Terms and Conditions valid at the time of application for membership shall apply. These Terms and Conditions are addressed to persons who use the websites of Vemics Inc. in the exercise of their commercial or independent professional activity. Vemics Inc. denies any liability for the contents of the user profiles.
1. Subject matter
1.1. Any use other than the designated uses of the Vemics Inc. websites requires the prior approval of Vemics Inc.
1.2. Vemics Inc. shall release only that information provided by users to other users, to the extent that the information is not in violation of legal provisions or of these Terms & Conditions. Vemics Inc. is entitled to remove such illegal information from the website without advance notice to the users.
1.3. Vemics Inc. reserves the right at any time to alter, expand, limit or close the platforms with respect to content, structure or scope. The user acknowledges that in general no guarantee can technically be made of 100% availability. Vemics Inc. reserves the right to limit or suspend services at any time for reasons of maintenance, security or capacity.
1.4. Vemics Inc. is entitled at all times to block users or to stipulate specific preconditions for use. Blocking or restriction of users shall come into consideration particularly in the event that a user violates applicable law or these Terms & Conditions, if Vemics Inc. has a justifiable interest in such blocking - particularly if the user has given or continues to give false information, violates the rights of any third party, abuses the services of Vemics Inc. or any other good cause exists. Legitimate interests of the user shall be taken into account in connection with any blocking action.
1.5. Vemics Inc. is not a party to the communication of users or to any business transactions and disclaims any direct participation therein. In addition, closed contracts shall be fulfilled exclusively between users. Vemics Inc. merely offers a platform for the purpose of introducing users to one another and only provides the technical means generally allowing contact to be made. Vemics Inc. accordingly refuses all liability in the event that no contact is made during the term of the agreement.
1.6. The user must register with Vemics Inc. via the Vemics Inc. website. On registration, a user agreement comes into effect between the user and Vemics Inc. on the basis of these Terms & Conditions, provided that Vemics Inc. does not immediately reject the registration. The user warrants that all information provided to Vemics Inc. is true and complete. The user is required to provide notification of all changes to user data without delay. No right to registration shall be deemed to exist. Vemics Inc. reserves the right to revoke its approval at any time without notice particularly due to false information provided at registration or misuse of the platform.
1.7. The user shall select a password on registration. The User is obligated to keep his password secret. Vemics Inc. shall not give the password to any third party and shall not ask the user for the password at any time.
1.8. In the event of termination of a user account, regardless of the legal basis, the user shall be obligated to pay any fees occasioned up to the date of the termination. Fees already paid will not be refunded.
1.9. The user acknowledges that the Vemics Inc. database is available on the internet not only within the domain www.vemics.com but also as a supplementary offering on the websites of Vemics Inc. partners which, as part of a collaboration with Vemics Inc., supplement their own online presence with the Vemics Inc. website.
1.10. Authentication of internet users is difficult. Vemics Inc. does not provide any warranty that every user is in reality the person that the individual in question claims to be. Every user is responsible for verifying the identity of the other user.
2. User obligations
2.1. Users are obligated to:
2.1.1. make only true and correct statements about themselves in their profiles and in their communication with other users;
2.1.2. exercise the due diligence of prudent businessmen with one another;
2.1.3. publish no illegal content or content that infringes upon the rights of any third party;
2.1.4. use information obtained in the form of surveys, calls for bids, offers or data exclusively to conduct their own business or for their own purposes; in particular, resale, further processing, granting access or forwarding are not permitted.
2.1.5. refrain from harassing any other user with attempts at communication. It is the users' own responsibility to ensure that their dealings with other users are in full compliance with applicable law and do not violate applicable law.
2.1.6. to refrain from sending chain letters or to dispatch multiple identical inquiries to multiple users simultaneously.
2.1.7. The use of mechanisms, software or other scripts in connection with the use of the Vemics Inc. website, as well as the blocking, overwriting, modification, copying (this applies also to copying by means of "robot/crawler" engines technologies or other automated mechanisms) or redistribution of any content generated, is strictly prohibited. The user must avoid placing an unreasonable or excessive load on the Vemics Inc. infrastructure.
2.2. Users bear full responsibility for the information which they publish on Vemics Inc., e.g. in their user profile or in their guest book entries on other users' web pages. Users understand that information thus entered is available to other users as part of the platforms.
3. Termination
Both parties are entitled at all times to terminate this agreement with immediate effect. Termination is effected online on the part of the user by clicking the button "Quit Premium membership" under the heading "Premium membership". Termination may also be effected via e-mail (indicating login name and password). In this event, notice of termination should be sent to en-support@vemics.com. Following expiry of the contract all customer data will be deleted from Vemics Inc. on request. Vemics Inc. will also send notice of termination by e-mail to the user. The interests of the user shall be taken into account in the event of termination.
4. Liability
4.1. Vemics Inc. provides no guarantee for information or statements made by its users. Vemics Inc. accepts no liability for breach of duty by one user against another arising from agreements made between them. Under no circumstances does Vemics Inc. accept any liability for direct or indirect loss or disadvantage resulting from the use of the Vemics Inc. service.
4.2. Should Vemics Inc. be held liable under legal provisions, the following shall apply:
4.2.1. Vemics Inc. shall be liable for any culpable action in the event of vital injury, bodily harm or damage to health;
4.2.2. Vemics Inc. shall be liable for any other breach of obligation by Vemics Inc. or its vicarious agents, for criminal intent and gross negligence and for petty negligence, and further in the event of violation of essential contractual obligations;
4.2.3. In the event of merely petty breach of obligations by Vemics Inc. or its agents, the liability of Vemics Inc. shall be limited to loss which is customary for contracts and is foreseeable.
4.2.4. Vemics Inc. shall not be liable for loss of earnings or savings, damage arising from claims of third parties or any other indirect or direct consequential damage. Liability for the loss of recorded data is limited to such damage that might have occurred even in the event of proper and regular backups of data.
4.2.5. In the event of minor breach of obligations, all liability of Vemics Inc. shall be ruled out.
5. Indemnity
The user shall indemnify Vemics Inc. against all possible claims of infringement of rights made against Vemics Inc. by other users or other third parties on the basis of the conduct of the user, including the costs of the necessary defences, court costs and lawyers' fees.
6. Data protection
6.1. Vemics Inc. wishes to make it clear to the user that data provided to Vemics Inc. by the user is processed mechanically in machine-readable form and for purposes arising from the contractual relationship. Dissemination of data to third parties shall occur only within the scope of the purpose of the contract. Vemics Inc. states expressly that it is in strict compliance with all legal provisions pertaining to data protection, in particular with respect to the transfer of data to third parties.
6.2. Vemics Inc. offers every user the possibility of disclosing his personal communication information in part or in whole to other users or to revoke their right to view data. In communicating contact information, the user bears sole risk.
6.3. By agreeing to these Terms & Conditions the user consents as follows:
/ Consent
a. that Vemics Inc. may collect my private data and process and use it for the purpose of creating, fulfilling and administering my user account with Vemics Inc.. Private data include portfolio data such as name and address and usage data such as user name, password and IP address.
b. that Vemics Inc. may furnish the various data entered by the user himself to other users for the purpose of business development. The user shall acknowledge on registration which data shall be provided. The provision of data may be halted at any time by the user in the "My Profile" section.
c. that Vemics Inc. may process and use my personal data for Vemics Inc. marketing campaigns, for example to dispatch e-mails with general information or information of an advertising nature (such as newsletters). I understand that at any time I may cancel this use of my information in the "My Profile/Settings" section. I hereby consent to Vemics Inc. processing and using my private data to present me with contacts tailored to my individual interests. I may oppose the application tailored to my personal interests in the "My Profile/ Settings" section.
d. that if required in isolated cases and in the event that actual cause exists and can be documented, Vemics Inc. may gather, process and use portfolio and usage data necessary for the discovery and prevention of information entered with intent to defraud and any other illegal or non-contractual use of the services of Vemics Inc.. To this end, Vemics Inc. may also gather usage data, using cookies among other things, and process and use it in such a manner that those data providing actual evidence that they were entered with the intent to defraud can be identified from the portfolio of all current information.
e. that if required, Vemics Inc. may further process and use my private information to serve the overriding interest in disclosing abuse of the Vemics Inc. marketplace and for the purpose of prosecution even beyond the term of use, and may transmit such information to legal authorities and injured third parties in the event that actual evidence of abuse of the Vemics Inc. platform exists and can be documented, in particular that of entry of illegal offers.
f. and acknowledge that any use of the platform under a pseudonym or anonymously is not reasonable and would not achieve the purpose of the platform. Notwithstanding this, I would like to become a user.
This consent is saved on every page of the Vemics Inc. website under the Terms & Conditions link and may be revoked at any time in writing by means of an e-mail to en-support@vemics.com, indicating username and password.
7. Final provisions
7.1. Spoken subsidiary agreements do not exist.
7.2. Vemics Inc. reserves the right to change these Terms & Conditions at any time and without giving reason. The changed conditions shall be sent to the user by e-mail at the latest two weeks before their entry into force. If the user does not contradict the validity of the new Terms & Conditions within two weeks following receipt of the e-mail, the changed Terms & Conditions shall be deemed accepted. Vemics Inc. will advise the user of the importance of this two-week period separately in the e-mail containing the changed conditions.
7.3. Vemics Inc. is entitled to transfer its rights and obligations arising from this agreement in whole or in part to a third party within 4 weeks following notice by e-mail. In this case the user is entitled to terminate the user agreement after notification of the transfer by sending an e-mail to en-invoice@vemics.com.
7.4. In the event that individual provisions of agreements are or become invalid, the validity of the remaining terms shall remain unaffected. The parties agree to fill ensuing the gap with a reasonable, valid provision which in its regulatory content comes as close as possible to the commercial intent of the invalid provision and of the agreement as initially pursued by the parties. |
