Terms and Conditions

General Terms and Conditions for the Use of Company Profiles

 

1 Validity

1.1 MKK Media GmbH i.G., Hamburger Str. 17, 22926 Ahrensburg, Germany (hereinafter referred to as 'Provider'), offers the possibility of using company and product profiles under www.telematics-scout.com. This offer is intended exclusively for merchants in the sense of Article 14 of German Civil Code (BGB), legal entities, business owners, and independently employed persons and/or freelancers (hereinafter referred to as 'Customers'). Any Customer conditions which differ from or contradict these general terms and conditions are hereby explicitly rejected.

1.2 The terms and conditions of use can be viewed online at www.telematics-scout.com/de/agb and can be printed out with your browser print function.

 

2 Subject of the contract

2.1 Company profiles under www.telematics-scout.com are essentially descriptions of companies enhanced with user data. The Provider offers the Customer the possibility of creating, editing, and using a company and/or company and product profile. The exact scope of the possibilities of use and the applicable fees to be paid are specified in the individual product description. For further information, visit www.telematics-scout.com/de/content/telematicsscout-accounts.

2.2 Company profiles on www.telematics-scout.com can be used for the presentation of a company and its products and services. Use of the company profiles on www.telematics-scout.com for multilevel marketing purposes is expressly prohibited.

2.3 With www.telematics-scout.com, the Provider only provides the Customer with a platform and technical applications which enable general contact between participating companies and prospective customers as well as third parties. The Provider is not liable for ensuring that contact is actually established between the Customer and prospective customers or other third parties. The Provider is not involved with regard to the content of communications between the Customer and third parties. Insofar as contracts are concluded between the Customers or Customers and third parties in the scope of the contract via www.telematics-scout.com, the Provider is not involved and thus does not become a contractual partner. The general terms and conditions of the respective contractual partner shall apply. Any liability of the Provider for breaches of duty from such contracts is hereby excluded.

2.4 Internet access with a current browser is required for use the offers under www.telematics-scout.com. The Customer is responsible for the hardware and software which they use, as well as the communication channels which they use. The Customer shall bear the costs for the data transmission.

 

3 Conclusion of contract; assurance upon registration

3.1 With the conclusion of the registration process, the Customer makes an offer to conclude a usage agreement with the Provider. The Provider accepts this offer by permitting the Customer access to the Provider's services. With the acceptance, a contract between the Provider and the Customer takes effect. The Provider reserves the right to reject registration enquiries. There is no duty of acceptance of an offer.

3.2 An email address, an arbitrary user name (alias), and the name and address of the company are the minimum requirements for registration.

3.3 With the registration, the merchant in the sense of Article 14 of German Civil Code verifies their status as a legal entity, business owner, or independently employed person or freelancer. The Customer also obligated to provide honest and complete data collected for the order. In the event of a change with regard to the application data, the Customer is obligated to immediately notify the Provider of this. The Provider can demand proof of the entrepreneurial status in written form at any time.

 

4 Responsibility for content

The Customer is solely responsible for the content which they have provided. The Customer must clarify all legal concerns, particularly professional, competition, trademark, copyright, person-related, data protection, and name-related legal matters with respect to their content. The same applies for any compulsory details with regard to the content.

 

5 Duties of the Customer, prohibited content

5.1 Each Customer is obligated to refrain from violating legal regulations and any contractual provisions with the use of the services under www.telematics-scout.com.
The Customer is obligated to refrain from violating the rights of third parties with the use of the services under www.telematics-scout.com, particularly with respect to copyrights, person-related rights, name-related rights, patent and trademark rights, or other rights. The provision and dissemination of content and/or provision of links to other websites, services, or prohibited content, extremist, pornographic, or inhuman content, as well as content which is liable to corrupt the young or which glorifies violence, which has the capability of diminishing the personal or professional reputation of natural persons or legal entities or harming them in another manner is prohibited. The Provider is entitled to remove such content without prior notification. No claims of the company for compensation are substantiated by this.

5.2 The Customer is prohibited from:

  • unreasonably harassing companies which are represented with a profile on www.telematics-scout.com or other persons (particularly with SPAM) (cf. Article 7 of the German Act Against Unfair Practices [UWG]),
  • conducting or promoting anticompetitive practices, including progressive solicitation (such as chain, snowball, or pyramid systems), and
  • conducting, advertising, or promoting structured sales measures (such as multi-level marketing or multi-level network marketing), even if these activities do not concretely violate any laws.
  • carrying out activities which have the capacity to impair the functionality of the telematics-scout infrastructure, and particularly to overburden said infrastructure.
  • automatic readout of the data provided on the web pages of the Provider and/or creating their own search systems, services, and directories with the aid of the content which can be viewed on www.teelematics-scout.com.

 

5.4 The Customer may only register their company once and may only create one company profile.

5.5 The Customer may only transfer rights from this contract to third parties after the prior written consent of the Provider.

5.6 The Customer chooses a password at the time of their application. They are obligated to keep this password secret. The Customer is obligated to immediately notify the Provider as soon as they become aware that an unauthorised third party knows the password.

5.7 The Customer shall immediately inform the Provider as soon as important changes to the status of the Customer arise which could be relevant for the contractual relationship.

 

6 Other duties of the Customer

The content of the company profiles on www.telematics-scout.com must be related to the company. The following are not permitted:

  • excessive capitalisation and use of punctuation.
  • URLs which lead to external websites which are not related to the company.
  • mass creation of contributions with identical content.

 

7 Sanctions

7.1 In the event of a breach of duties from this contract, particularly the duties from Articles 3 and 5 of these general terms and conditions, or violations of legal regulations or the rights of third parties, the Provider shall be entitled to impose the following sanctions on the Customer:

  • deletion of content which the company has published in the company and product profile,
  • temporary or final deactivation of the company and product profile, and
  • termination of the contract by the Provider for an important reason.

 

In such cases, the Customer shall not have any claim to repayment of fees which were paid in advance.

7.2 The Provider reserves the right to impose the sanctions specified under 7.1 in the event that the means of payments specified by the Customer are invalid or the Customer has failed to fulfil their payment obligation on a timely basis and/or inadequately.

7.3 If other Customers or third parties make complaints about a company profile, the Provider shall be entitled to temporarily deactivate the company profile for clarification of the facts.

 

8 Authorisation of editors

8.1 The creation, editing, and use of company profiles are carried out exclusively by the Customer's so-called editors. Editors must be authorised by the Customer and registered at www.telematics-scout.com. The Customer must be entered as the current company in the profile of the editor. In the case of Customer companies comprising only one person, the editor for the company profile can only be said person.

8.2 If an editor terminates their membership or has been barred from use on www.telematics-scout.com (particularly due to a violation by the editor against the fundamental general terms and conditions), this editor may no longer edit or use the company profile. In this case, the company profile will be temporarily deactivated.

8.3 The Customer has the right to revoke the authorisation of an editor or to designate a different person as a replacement for the editor; particularly in the case mentioned under 8.2. The authorisation of the replacement person takes place with empowerment and designation of the respective person by the Customer towards the provider and adaptation of the company profile.

8.4 The Customer shall be held responsible for the fault of the editor in the same measure as their own fault. The Customer must ensure, in particular, that the editors observe the general terms and conditions of use of the Provider, the applicable laws, and third-party rights when editing and using the company and product profile.

 

9 Vanity URL

Insofar as the Provider offers to modify the URL of their company profile such that the name of the company appears in the URL (so-called 'Vanity URL'), the following regulations shall apply:

  • the Customer may only use their own company name in the Vanity URL. The use of other terms, particularly of names, brands, or other attributes of other companies is not permitted.
  • Insofar as the Vanity URL violates this regulation, a legal regulation, or third-party rights, the Provider can reset the Vanity URL to the original state. The Provider also reserves the right to reset the URL to the original state if a generic term (such as 'Apps' or 'Community') was used in the Vanity URL and the Provider would like to use this term in its own URL.

 

10 Rights to content

By entering their content into the company and product profile under www.telematics-scout.com, every Customer grants the Provider a non-exclusive, transferable, sub-licensable, non-billable worldwide license for the use of said content in the scope of the Providers offers under www.telematics-scout.com, www.telematik-markt.de, and www.telematik-apps.deas well as in the scope of the Provider's newsletter. The granting of rights indicated above includes the right to storage, duplication, publication, digitalisation, public disclosure, and the right to editing, in particular, insofar as this is necessary for the implementation of the contract. This also comprises the right to advertising for the purpose of the Provider's own advertising.

 

11 Term of contract; cancellation

11.1 The initial term of contract is the minimum usage period booked by the Customer. After the initial period, the contract shall be extended by an extension period of equal length if it is not cancelled on a timely basis by the Customer or the Provider. Insofar as the Customer books a product without a minimum usage period (basic entry), the term of contract is indefinite.

11.2 Both parties can cancel the contract without specifying reasons in observation of a cancellation period of three months prior to the lapse of the booked minimum usage period or prior to the lapse of a subsequent extension period. The right of both parties to cancellation for important reasons remains unaffected.

11.3 In the event of a termination of the contract, all content entered by the company during the term of contract will be deleted.

 

12 Fees and invoicing

12.1 The fee for the stress, editing, and use of the company profile is based on the chosen offering. For an overview of the Provider's products, visit www.telematics-scout.com/de/content/telematicsscout-accounts.

12.2 Fees are due for payment immediately with invoices for the entire term. Payment can be made with the offered means of payment.

12.3 All prices are to be understood as net prices without the respective legally applicable value-added tax for the provision of the service.

12.4 The Provider reserves the right to change the fee with effect for the upcoming extension period. The Provider will notify the Customer of the planned change of the fee at least six (6) weeks prior to the laps of the possibility of ordinary cancellation in accordance with 11.2. Should the Customer not object to the fee within six (6) weeks after notification, the changed fee shall apply as accepted by the Customer. The Provider will inform the Customer of their right to cancellation and the meaning of the time limit for an objection when notifying them of the price change.

 

13 Availability

For technical reasons, 100% availability of the company profiles on www.telematics-scout.com is not possible. Therefore, the Provider's services are offered to the Customer with the reservation of the availability. The Provider will always strive for the availability of its services. Maintenance work, further development, or malfunctions can, however, limit or temporarily interrupt usage possibilities. The Provider will correct malfunctions and faults which are more than insignificant as quickly as possible. However, the Customer shall have no claim to the constant availability of the services.

 

14 Liability

14.1 The liability of the Provider is unlimited according to the measure of the statutory provisions for damages of the Customer due to intentional or grossly negligent conduct on the part of the seller, due to deceitfulness, and for personal injury and damages in accordance with the German Product Liability Act. This also applies for damages which are caused by the seller's vicarious agents.

14.2 Otherwise, the Provider's liability for damages shall be limited as follows: For damages caused by minor negligence, the seller shall only be liable insofar as it is based on a breach of essential contractual duties (cardinal duties). In this connection, cardinal duties are such duties which must be fulfilled for the proper implementation of the contract and for which the contractual partner may expect fulfilment. The Provider's liability for simple negligence according to this regulation is limited to the typically foreseeable damages.

14.3 The preceding limitations of liability under 14.2 shall also apply to the benefit of the Provider's vicarious agents.

14.4 The Provider has no influence on the transport of data via the internet or the reliability of the Customer's internet connection and therefore refuses any liability in this respect. It should be noted that the Provider assumes no guarantee for data security outside of its area of influence or for the risk of data loss while data is transmitted via the internet.

 

15 Indemnity

15.1 The Customer undertakes to indemnify the Provider from the claims of third parties, regardless of the type, which arise from their usage activities and/or conduct on the part of the Customer which is in violation of the law or in breach of contract. The Customer shall be obligated to assist the Provider in defending itself against such claims. The indemnity obligation also comprises the duty to indemnify the Provider from any necessary legal expenses (e.g. court and solicitor fees). Further rights and/or damage claims of the Provider remain unaffected. The Customer shall be entitled to furnish proof the at the costs actually incurred by the Provider are lower.

15.2 The preceding duties of the Customer shall not apply insofar as the Customer is not responsible for the relevant legal violation.

 

16 Data protection

We observe German data protection laws for all activities associated with data processing (collection, processing, or use). For detailed information, refer to our data privacy statement www.telematics-scout.com/de/datenschutz.

 

17 Final provisions

17.1 The Provider reserves the right to change or amend these general terms and conditions with future effect. Such changes to the general terms and conditions shall be reported to the Customer one (1) month before they take effect. Should the Customer fail to object to the changes within one (1) month after notification, the Changes shall apply as accepted.

17.2 The Provider reserves the right to change the scope of function of company profiles on www.telematics-scout.com and their general layout or to offer different services, insofar as this is unreasonable for the Customer in the individual case.

17.3 Insofar as nothing different has been agreed upon, the Customer can submit all statements to the Provider via email, fax, or by letter. The Provider can communicate statements to the Customer via email, fax, or letter to the addresses which the Customer has specified as current contact information in their user account.

17.4 The contractual language is German.

17.5 German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.

17.6 The place of jurisdiction and fulfilment is Hamburg, Germany.

17.7 The nullity or infeasibility of individual provisions of these terms and conditions of use shall not affect the validity of the remaining provisions.