MICRO-TECH Europe GmbH shall grant you access to the Extranet on condition that you and your company
or organization accept and comply with the following terms of use.
The terms and conditions of use shall apply between MICRO-TECH Europe GmbH (hereinafter referred to
as "MTE") and the respective registered user and his company or organization (hereinafter referred
to as the “user”) of the Extranet at www.mte-partner.com
(hereinafter referred to as the “Extranet”).
Users of the Extranet can only be persons who are in partnership or business contact with MTE in the
exercise of their commercial or self-employed professional activity.
The terms of use contain the terms and conditions in force between MTE and the user for the services
offered by MTE via the Extranet. The user acknowledges these terms of use as authoritative and
explicitly agreed.
SCOPE OF SERVICES
The Extranet is a closed and free, Internet-based platform through which MTE makes
product and
application information as well as marketing materials in the form of data, documents,
films and
images (hereinafter "Content") available to its field staff, subsidiaries, sales
partners and
customers. Furthermore, users can transmit content to MTE via the Extranet, which MTE
can make
available to other users on the Extranet.
MTE has the unlimited right to update, supplement, change or remove any content within
the
Extranet as well as access rights of various user groups at any time and to set up
further user
groups with their respective access rights.
The prerequisite for use of the Extranet is access to the Internet. The user must create
or
ensure this at his own expense. If additional programs are required for the readability
or use of
content (e.g. readers for documents in *.pdf format), the user must keep these available
and update
them independently.
REGISTRATION
Users can only register on the Extranet upon invitation by MTE. The invitation shall be
sent
by
e-mail to the individual e-mail address of the user. In order to be able to register on
the
Extranet
following an invitation, the user must assign a secure password in accordance with
specified
minimum
requirements.
There is no right to a registration invitation to the Extranet.
MANDATORY DATA
In order to be able to use the scope of services of the Extranet, the user must fill in
the
required mandatory data when registering for the first time: Position, telephone number,
postal
address, and headquarters of the company or organization. Details of an additional
mobile number
is optional.
E-mail address, first name, surname and name of the company or organization are data
necessary
for the invitation and unmistakable assignment of a user and are specified by MTE. If
they are
incorrect or incomplete, they can only be changed or updated by MTE upon individual
request.
In the course of initial registration and completion of the user profile, the user must
agree
to these terms of use and the privacy policy. If the user does not provide the above
information
and consent, the Extranet cannot be used.
The user or his company or organization shall be obliged to notify future changes to the
information provided without delay or to update it in his user profile.
MTE shall be entitled to withdraw the user's access to the Extranet with immediate
effect if
either the user fails to comply with this notification obligation or if there are
changes in the
business relationship between MTE and the user, for example if the user moves to other
companies
or organizations that have no partnership or business relationship with MTE.
ACCESS DATA
After successful registration and initial login, the user can log on to the Extranet
at
any time
by entering his e-mail address and password and use contents and functions within the
scope of
his access rights.
The user can create a new password using the Forgot Password function.
MTE shall reserve the right to impose regular password reset requirements for
security
reasons.
If a password reset request is made when logging in, the user will receive an email
and
must
renew his password.
CONFIDENTIALITY OBLIGATION
The user shall be obliged to close his account properly after each use of the Extranet.
If the user has been inactive for more than 30 minutes, an automatic log-out is
performed.
The user's individual access data for the Extranet may only be used by the respective
authorized
user. The user is responsible for all actions carried out using his access data,
especially
the
uploading of data and content via the upload function.
The user shall be obligated to keep his individual access data secret, to protect them
from
unauthorized access by third parties and to inform MTE immediately if there is any
suspicion
of
misuse by a third party. The user shall indemnify MTE from any liability or provide
compensation
for damages resulting from the use or misuse of his individual access data.
If MTE learns of the unauthorized use of an account, this account shall be blocked
immediately.
ACCOUNT DELETION OR BLOCKING
The user has the option of deleting or blocking the account himself.
The user or his company or organization may request an irrevocable blocking of his
account
by
sending a clear statement in writing to MTE. The statement must be provided to:
MICRO-TECH
Europe GmbH, Mündelheimer Weg 36, 40472 Düsseldorf, Germany or by e-mail to:
team@mte-partner.com be sent under the keyword "account blocking" and stating the e-mail
address, first and last name and company/organization name. MTE shall then promptly
arrange
blocking of the account.
MTE shall be entitled to withdraw the user's access to the Extranet at any time without
notice (account blocking) if the partnership or business contact with MTE ceases or if
the
user
has violated these terms of use.
Excluded users are issued a virtual house ban. MTE shall reserve the right to claim
damages
for breach of the terms of use.
MTE shall reserve the right to store technically necessary user data even after an
account
has been blocked, as the user has the opportunity to make content available himself via
the
upload function for provision on the Extranet. This storage is necessary in order to be
able
to
clearly assign content provided by the user even after his account has been blocked.
PROVISION OF CONTENT
The user has the option of using the upload function to make content available for
provision
to other users on the Extranet.
MTE reserves the right to check the content made available by the user via the upload
function
and to make it available to other users on the Extranet only after checking. MTE has the
right
to decide which user groups are given access to the content made available. Should MTE
judge
the
content provided to be unsuitable, the user has no claim to the provision of the content
on
the
Extranet.
Users shall be solely responsible for the data or content they place on the
Extranet
under
their individual access data. They must ensure that all relevant laws and regulations
are
observed. The user shall be prohibited from uploading and making available content via
the
upload function of the Extranet which violates legal regulations, official orders or
offends
against public decency. Furthermore, the user shall be prohibited from uploading content
that
infringes the rights of third parties - in particular copyrights, license or trademark
rights.
The user shall guarantee MTE that he has all necessary requirements and rights to
upload
the
data and content via the upload function and to make it available to other users of the
Extranet.
If a user posts content protected by intellectual property rights on the Extranet,
the
user
shall hereby declare that the rights holder of such protected content has granted all
necessary
rights for the distribution of the content on the Extranet. In this respect, the holder
of
rights has effectively and irrevocably granted the user the non-exclusive right to use,
imitate,
modify, edit, publish, translate, distribute worldwide and link to other content in the
Extranet
via the upload function, free of charge and unlimited in time and space. By making
content
available via the upload function, the user shall grant MTE, itself or on behalf of the
rights
holder, the non-exclusive right to distribute, modify, edit, publish or translate such
content
on the Extranet, without limitation in time or space. Granting of rights shall also
include
the
right for MTE to integrate the content provided into the Extranet and make it available
for
use
by other users of the Extranet.
The user shall be obligated to replace all damages to MTE, which MTE incurs due to
culpable
failure to observe the obligations from points 7.2 - 7.4. He shall expressly indemnify
MTE
against all claims that third parties may assert against MTE due to the infringement of
their
rights or due to violations of law resulting from the content posted by the user. In
this
respect, the user shall also assume the costs of MTE's legal defense, including all
court
and
legal fees.
The user shall not be entitled to send offers and requests to MTE via the Extranet.
No
business arrangements shall be made via the Extranet.
USE OF PROVIDED CONTENT
With regard to the type, scope and use of the provided content on the Extranet, the
user
shall
have
no legal right with regard to certain content or functions. MTE reserves all rights, in
particular
copyrights, license rights and property rights, to all content made accessible within
the
framework
of using the portal.
The user shall receive a simple right to use the content, limited temporally, spatially
and
contentwise. All content may be used by the user solely for the services and purposes
specified by
MTE and within the time and geographic scope specified by MTE. They must be returned or
destroyed
after the end of the business relationship of the user and his company / organization or
after the
end of Extranet use by the user.
The user shall be obligated to refrain from passing on the content provided on the
Extranet to
third parties for viewing or use, even after termination of the business relationship
between the
user and his company or organization or after termination of Extranet use.
NEWS
MTE shall reserve the right to inform the user by e-mail when new content is
available on
the
Extranet. The user shall then receive a notification to his individual e-mail address
with which
he
is logged onto the Extranet.
LIABILITY
In principle, MTE shall only be liable for damage caused intentionally or by gross
negligence
on the part of MTE or its vicarious agents. Notwithstanding the above, MTE shall also be
liable
for
simple negligence in the event of breach of material obligations (cardinal obligations).
Liability
for the violation of essential obligations shall be limited to typical and foreseeable
damages.
Any
liability of MTE for indirect damage, consequential damage or loss of profit is
furthermore
excluded. In the event of injury to life, body or health and in the event of an
intentional
or
grossly negligent breach of duty by MTE or its vicarious agents, MTE's liability shall
be
governed
without restriction by the statutory provisions.
MTE shall not be liable for the correctness, accuracy, completeness and topicality of
the
content of the Extranet. MTE shall also not be responsible for the content of third
parties
and
for
the content and data provided by users.
Use of the Extranet by the user shall be done on his own risk. MTE shall accept no
liability
for the possibility of access to the Extranet or for the access quality and freedom from
viruses
of
the Extranet or for faults within the line network. Rather, the users themselves must
obtain
access
to the Internet at their own expense and risk and keep the necessary equipment
available. In
particular, MTE shall accept no liability for the loss or incomplete, late or otherwise
improper
transmission of data or content. The user alone shall be responsible for any damage to
his
computer
system or loss of data resulting from the downloading of content via the Extranet.
Insofar as the Extranet offers the possibility of forwarding to databases, websites,
services,
etc., the customer shall be informed of this fact. MTE shall not be liable for the
accessibility,
existence or security of these databases or services, nor for the content of these. In
particular,
MTE shall not be liable for their legality, correctness of content, completeness,
timeliness
or
accuracy.
EXTRANET MODIFICATIONS / SETTINGS
MTE shall at all times have the right, at its sole discretion and with or without
notice to
the
user, to modify or discontinue, temporarily or permanently, the Extranet or any part
thereof.
MTE
does not accept any liability for changes, failures or interruptions to the Extranet.
CHANGE TO TERMS OF USE
MTE shall reserve the right to update, revise or amend these terms of use at any
time
at
its
sole discretion. They shall be binding in their respective version.
Users shall be informed by MTE about changes to the terms of use. By continuing to use
the
Extranet, users agree to changes in the terms of use. All changes shall be binding as
soon
as
they
have been published on the Extranet.
Information on the processing of personal data shall be provided in the separate
privacy
policy.
OTHER CLAUSES AND COURT OF JURISDICTION
Should any individual provision of these terms of use be or become invalid, this shall
not
affect the validity of the remaining provisions. The omitted provision shall be replaced
by
a
provision that comes as close as possible to it in a legally permissible manner. The
same
shall
apply in case of a loophole.
The terms of use shall be subject to German law.
Exclusive place of jurisdiction for all disputes arising out of or in connection with
these
terms of use shall be Düsseldorf, Germany, to the extent permitted by law.