1. Subject of the Agreement, Amendments
Section 1 Subject of the Terms of Membership and Use, General Terms and Conditions of Sale
(1) Heidelberg Engineering GmbH, Max-Jarecki-Straße 8, 69115 Heidelberg (hereinafter referred to as the “Service Provider“) provides under the web address
customers, business partners and other website visitors (hereinafter jointly referred to as “Participants“) with a website (hereinafter referred to as “Website“). Participants may request Content available on the Website and use the other services currently available on the Website free of charge and against payment within the scope of their respective availability.
(2) These Terms of Membership and Use govern the provision of the services by the Service Provider and the use of such services by you as a duly registered or Anonymous Participant.
(3) Information about the Service Provider is available at:
(4) To the extent that the Service Provider offers paid services (e.g. products, Events) to the Participant via the Portal, the General Terms and Conditions of Sale (hereinafter referred to as “GTC“) of the Service Provider shall apply additionally and in addition, which can be found on the Internet under the General Terms and Conditions of Sale.
Section 2 Amendments to the Terms of Membership and Use
The Service Provider reserves the right to amend these Terms of Membership and Use at any time with effect also for existing contractual arrangements. The Service Provider will inform you of such amendments at least 30 calendar days before the amendments are due to take effect. As long as you do not object within 30 days of the receipt of the notice and continue to use the services after the expiration of the cancellation period, the amendments shall be considered as agreed to from the time the 30 days period expires. If you object to this the contract will continue on its existing terms. In the amendment notice the Service Provider shall make reference to your right to object and to the consequences.
II. Services and Content on the Website
Section 3 Scope and Availability of Services
(1) On the website the Service Provider provides you with different information and other services for temporary use. Such services may include, but are not limited to, making available data, documents, articles, photographic records and audio recordings, information, Software and other Content or offering other goods (hereinafter collectively referred to as “Content“); furthermore, as a registered Participant, you may have the option of creating individual profiles.
The Content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the website.
The Contents and services made available on the website are free of charge, unless otherwise stated. If Content is subject to a charge (hereinafter referred to as “Content Subject to a Charge“), you can order and purchase it via our online shop in the Portal.
(2) The services available on the website may include services or Contents of Third Parties to which the Service Provider simply provides access. In order to use such services or Contents, which are in each case marked as third-party services or Contents, regulations may apply which differ from or supplement these Terms of Membership and Use, of which the Service Provider will make you aware in each case.
(3) A right to use of the services or Contents available on the website only exists within the framework of the Service Provider’s technical and operational capacity. The Service Provider will attempt to ensure its services may be used as far as possible free of interruption. However, temporary restrictions or interruptions may occur as a result of technical faults (such as e.g. power cuts, Hardware and Software errors, and technical problems with data lines).
Section 4 Alterations to Services
The Service Provider is entitled at any time to make changes to the services or Contents offered free of charge on the Portal, to make new services or Contents available free of or subject to a charge, and to cease to provide free-of-charge services or Contents. In so doing the Service Provider will consider your legitimate interests.
Section 5 Protection of Content, Responsibility for Third Party Content
(1) The Content available on the website is largely protected by copyright or other property rights and is in each case the property of the Service Provider, the other Participants, or other Third Parties who made the relevant Content available. The compilation of the Content as such is, where relevant, protected as a data bank or data base under Sections 4 (2) and 87a (1) of the German Copyright Act. You may only use this Content in line with the Terms of Membership and Use and within the context prescribed by the website.
(2) The Contents available on the website originate partly from the Service Provider and partly from other Participants or other Third Parties. Contents of the Participants as well as of other Third Parties are hereinafter collectively referred to as “Third Party Contents“.
(3) We are responsible for the Contents of our Internet pages in accordance with the general laws, in particular to Section 7 (1) of the German Telemedia Act. All Contents are created with due care and to the best of our knowledge. Insofar as we refer to third-party websites via hyperlinks on our website, we cannot guarantee that the linked Contents are up-to-date, correct and complete, as these Contents are outside our area of responsibility and we have no influence on the future design. If, in your opinion, Content should violate applicable law or be inappropriate, please let us know.
III. Use of the Services on the Website by You
Section 6 Scope of Permitted Use, Monitoring User Activity
(1) Your user right is restricted to access to the Portal and to the use of the services available on the website respectively within the provisions of these Terms of Membership and Use.
(2) You are personally responsible for meeting the technical requirements necessary to use the services under the terms of the contract. The Service Provider is not obliged to give you any advice in this regard.
(3) The Service Provider advises you that your user activity may be monitored to the extent permitted by law. This includes, where relevant, the recording of IP data and conversation histories as well as their analysis where there is a specific suspicion of an infringement of these Terms of Membership and Use and/or specific suspicion that some other illegal action or offense has been committed.
Section 7 Right of Use to Content Available on the Website
(1) Unless a more extensive use is expressly permitted in these Terms of Membership and Use or facilitated on the website through a corresponding function (e.g. the Download button),
- you may access online and display the Content available on the Portal solely for personal purposes. This right of use is restricted to the time you are a contractual user of the Portal;
- you are prohibited from processing, amending, translating, showing or presenting, publishing, displaying, reproducing or disseminating the Content available on the Portal either wholly or in part. It is also not permitted to remove or alter copyright marks, logos and other marks or proprietary notices.
(2) You are only permitted to download Content (hereinafter referred to as “Download“) or print out Content where there is a Download or print option available as a function on the Portal (e.g. by way of a Download or print button).
You receive in each of these cases an unlimited, Content-restricted and non-exclusive right to the Content properly downloaded or printed out by you for the use of your own purposes. You may use this Content for information and teaching purposes. Any use beyond this is not permitted without our prior consent.
(3) This is without prejudice to your mandatory legal rights (including reproduction for private and other use by you under Section 53 of the German Copyright Act).
Section 8 Prohibited Activities
(1) You are prohibited from any activities on or in connection with the website which breach existing law, infringe upon the rights of Third Parties or contravene the principles of the protection of minors. In particular, the following actions are prohibited:
- use Content that offends or denigrates other members or Third Parties;
- use, provide or disseminate Content, services and/or products that are legally protected or protected with Third Party Rights (e.g. copyrights) without being expressly authorized to do so.
(2) You are also prohibited from doing anything that could affect the smooth running of the website, in particular by overloading the Service Provider’s systems.
(3) Should you become aware of any illegal use or abuse, any use in breach of contract or any otherwise unauthorized use of the Portal, please contact Info@HeidelbergEngineering.com The Service Provider will verify the occurrence and take appropriate steps.
(4) Where suspicion exists that an unlawful act or offense has been committed the Service Provider is entitled and as relevant also obliged to verify your activity and as relevant take appropriate legal action. This may include referring the facts of the case to the district attorney’s office.
Section 9 Limitation of Liability for Services and Contents
If any damage occurs by the use of services and Contents available on the Websit (including the retrieval of free Content), the Service Provider shall be liable – regardless of the legal basis – in the Event of intent and gross negligence, in the Event of liability in accordance with the provisions of the Product Liability Act and to the extent of an expressly assumed guarantee. In case of simple negligence, the Service Provider is only liable
a) for damages resulting from injury to life, limb and health;
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring.
V. Other Provisions
Section 10 Written Form/Email Requirement
Unless otherwise indicated in these Terms of Membership and Use, all statements made in the context of participation in the website shall be made in writing or by email. The Service Provider’s email address is Info@HeidelbergEngineering.com. The Service Provider’s postal address is:
Heidelberg Engineering GmbH
We reserve the right to amend the contact information. In case of such an amendment the Service Provider will inform you of the same.
Section 11 Severability
Should any provision of these Terms of Membership and Use be or become invalid, this shall not affect the legal validity of the remaining provisions.
Section 12Applicable Law
These Terms of Membership and Use are governed by the law of the Federal Republic of Germany subject to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).
Section 13 Jurisdiction
The courts of the place where the Service Provider has its registered office in Heidelberg, Germany shall have exclusive jurisdiction over all disputes arising from these Terms of Membership and Use, to the extent such a jurisdiction agreement is permitted.