(As of: October 2008)
1.2 Section 312e (1), sentence 1, nos. 1-3 of the German Civil Code (BGB) shall not apply if the user of the Gigaset Website is a company or is working for a business enterprise – in other words, if the Website is used as part of the user's commercial or self-employed activities or on behalf of a public corporation.
2.1 Gigaset Communications GmbH provides access to viewable or downloadable information and software, including documentation, on the Gigaset Website.
2.2 Gigaset Communications GmbH is entitled to suspend all or part of the Gigaset Website at any time. Owing to the nature of the Internet and computer systems, Gigaset Communications GmbH does not warrant the uninterrupted availability of the Gigaset Website.
3. Registration, password
3.1 Some pages on the Gigaset Website may be password-protected. In the interests of secure business transactions, access to these pages is restricted to registered users. Users are not automatically entitled to be registered by Gigaset Communications GmbH. Gigaset Communications GmbH reserves the right, in particular, to restrict future access to previously freely accessible pages to registered users. Gigaset Communications GmbH may revoke access authorization at any time by blocking access data, without being required to state its reasons for doing so, if the user
- makes false registration entries,
- infringes any applicable law when accessing or using the Gigaset Website, or
- does not use the Gigaset Website for a prolonged period of time.
3.3 After successful registration, the user shall be given a user name and password (also referred to in the following as “user data”). When the Website is accessed for the first time, the user must change the password issued by Gigaset Communications GmbH to a password which is known only to the user. The user data enables the user to view or change the user’s personal data or, as applicable, to extend or withdraw consent to data processing.
3.4 The user shall ensure that the user data is not made accessible to third parties and shall be liable for all transactions and other activities carried out using this user data. The user must log off from the password-protected Websites at the end of each online session. If the user becomes aware that third parties are misusing the user data, the user must notify Gigaset Communications GmbH of the same immediately in writing, or, as the case may be, by e-mail.
3.5 As soon as the notification referred to under 3.4 is received, Gigaset Communications GmbH will deny access to the password-protected area under such user data. Access shall only be restored if a separate application to Gigaset Communications GmbH is made by the user or following re-registration.
3.6 The user may at any time request termination of its registration in writing, provided that such deletion will not conflict with existing contractual relations. In such event Gigaset Communications GmbH will remove all user data and any other user personal data it has stored as soon as such data is no longer required.
4. Rights of use to information, software and documentation
4.2 Gigaset Communications GmbH grants the user a non-exclusive and non-transferable license to use the information, software and documentation made available to the user on or via the Gigaset Website to the extent agreed, or - in the event of no such agreement - to the extent of the purpose intended by Gigaset in making same available.
4.5 The information, software and documentation are protected by copyright laws, international copyright treaties and other laws and conventions related to intellectual property. The user shall comply with such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices either from the information or from the software or from the documentation, or from any copies thereof.
4.6 Sections 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual property
5.2 Except for the rights of use and other rights expressly granted herein, no other rights – including but not limited to the company name and intellectual property rights such as patents, utility models or brands - are granted to the user nor shall any obligation be implied requiring the grant of further rights by Gigaset Communications GmbH.
6. Duties of the user
6.1 In accessing or using the Gigaset Website the user shall not
- harm other persons, in particular minors, or infringe their personal rights;
- act in a manner which breaches public morality;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, a so-called Trojan Horse, or any other program that could damage software;
- transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful, or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses and/or defects, or any similar material; the user shall furthermore not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
The Gigaset Communications GmbH Website may contain hyperlinks to the web pages of third parties. Gigaset Communications GmbH disclaims all liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Gigaset Communications GmbH does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.
8. Liability for defects in title or quality
8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects in quality or title concerning the information, software and documentation, especially in relation to correctness or absence of defects or absence of claims or third party rights or in relation to completeness and/or fitness for purpose, are excluded except for cases involving willful misconduct or fraud.
8.2 The information on the Gigaset Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other liability, viruses
9.2 Although Gigaset Communications GmbH makes every effort to keep the Gigaset Website free of viruses, Gigaset Communications GmbH does not warrant that it is virus-free. The user shall be responsible for taking the necessary protective steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
Sections 9.1 and 9.2 do not imply any changes to the burden of proof to the user's disadvantage.
10. Export controls
10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The user shall strictly comply with export regulations for information, software and documentation, in particular with those of the EU as well as of the individual EU member states and of the USA. Gigaset Communications GmbH shall label information, software and documentation in relation to German and EU export control lists and the US Commerce Control List.
10.2 The user shall in particular verify and ensure that
- the information, software and documentation are not used for any purpose related to armaments, nuclear technology or weapons,
- no undertaking or person named in the US Denied Persons List (DPL) receives commodities, software or technology of US origin,
- no undertaking or person named in the US Warning List, US Entity List or US Specially Designated Nationals List receives items of US origin without a license,
- no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU receives goods,
- no military consignees are supplied, and
- the early warning notices issued by the responsible German authorities are taken into account.
10.3 Upon request Gigaset shall inform the user of the relevant contacts for further information.
11. Data privacy
12. Additional agreements, legal venue, applicable law
12.1 Additional agreements shall be made in writing to be effective.
12.2 If the user is a full trader as defined by the German Commercial Code, the legal venue is Munich.
12.3 Gigaset Communications GmbH is responsible for and has posted all the pages of the Gigaset Website. The pages comply with the law applicable in the country in which the responsible company has its business residence. Gigaset Communications GmbH makes no representation that information, software and/or documentation on the Gigaset Website are appropriate or available for viewing or downloading at locations outside such country. If users access the Gigaset Website from outside such country, they shall be exclusively responsible for compliance with all applicable local laws. Access to Gigaset Website information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where the user seeks to do business with Gigaset, the user should contact the Gigaset representative for country-specific business.
12.4 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods.
Gigaset Communications GmbH accepts no responsibility for the articles and comments posted by users. Users are themselves responsible for all contents posted by them. No warranty for accuracy or authenticity is provided.