1. Area of Application
1.2. If the User is using the HanseCom website as a business customer, i.e. while fulfilling a commercial or professional freelance purpose or while acting on behalf of a public authority, Section 312e Para. 1 S. 1 No. 1-3 of the German Civil Code does not apply.
1.3. In the case of web offers that address companies or public authorities, the respective company or authority is represented by the User, whose actions and knowledge shall be attributed to the respective company or authority.
2.1. HanseCom makes available specific information and software, as well as related documentation where applicable, on the HanseCom website for the purpose of viewing or downloading.
2.2. HanseCom shall be entitled to stop the operation of the HanseCom website in full or in part at any time. Due to the nature of the Internet and computer systems, HanseCom cannot accept any liability for the continuous availability of the HanseCom website.
3. Registration, Password
3.1. Some pages of the HanseCom website may be password protected. In the interest of secure business transactions, access to these pages is only possible for registered users. Users are not granted the general privilege of registering with HanseCom. HanseCom particularly reserves the right to make certain web pages, which were previously freely accessible, subject to registration. HanseCom shall be entitled, at any time and without obligation to give reasons, to deny the User access to password-protected areas by blocking their access data, in particular if the User
3.2. Upon registration, the User is required to provide accurate information and, where such information changes over time, shall inform HanseCom thereof without undue delay (online where possible). The User shall ensure that he/she receives the e-mails that are sent to the e-mail address he/she has provided.
3.3. After successful registration, the User will receive a user name and password (hereinafter also referred to as “user data”). When logging in for the first time, the User shall promptly change the password received from HanseCom into a password known only to the User. The user data enables the User to view or change their data or, if necessary, to revoke or extend their consent to data processing.
3.4. The User shall ensure that the user data is not accessible to third parties and shall be liable for all orders and other activities carried out in connection with this user data. After each use, the User shall exit any password-protected area. Should the User become aware that third parties are misusing their user data, the User shall notify HanseCom thereof without undue delay in writing or, if appropriate, in advance via a brief e-mail.
3.5. After receipt of a notice as laid forth in Clause 3.4. above, HanseCom will block access to the password-protected area to the reported holder of user data. Access by the User will only be possible again upon the User’s specific request to HanseCom or upon new registration.
3.6. The User may at any time request termination of their registration in writing, provided that such termination will not violate the proper performance of contractual relationships. In this case, HanseCom shall remove all user data and other stored personal data of the User as soon as this data is no longer required.
4. Rights of Use Regarding Information, Software and Documentation
4.2. HanseCom 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 HanseCom website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by HanseCom in making this information, software and documentation available.
4.5. The information, software and documentation are protected by copyright laws and international copyright treaties as well as other laws and agreements on intellectual property. The User shall observe these rights and in particular shall not modify, conceal or remove any alphanumeric IDs, brand labels or copyright statements from the information, software or documentation or from any copies thereof.
4.6. Sections 69a et seq. of the German Copyright Act remain unaffected.
5. Intellectual Property
5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring HanseCom to grant further rights, in particular rights to the company name or to commercial property rights such as patents, utility models or brands.
5.3. If the User posts ideas and suggestions on the HanseCom websites, HanseCom may use such ideas and suggestions for the development, improvement and sale of its products free of charge.
6. Obligations of the User
6.1. When accessing or using the HanseCom website, the User shall not
The HanseCom website may contain hyperlinks to third-party sites. HanseCom accepts no liability for the contents of these websites and does not adopt or endorse such websites or their content, as HanseCom does not control the information on these linked websites and is not responsible for the content and information provided on these sites. The use of such websites shall be at the sole risk of the User.
8. Liability for Legal and Material Defects
8.1. Insofar as information, software or documentation is made available free of charge, any liability for material defects and defects of title of the information, software and documentation, in particular regarding its correctness, absence of errors, absence of third-party property rights and copyrights, completeness and/or usability – except in cases of intent or fraudulent intent – is excluded.
8.2. The information provided on the HanseCom website may contain specifications or general descriptions relating to the technical capabilities of individual products, which may not be available in individual cases (e.g. due to product changes). The desired performance characteristics of the products must therefore be agreed upon individually at the time of purchase.
9. Other Liability, Viruses
9.2. Although HanseCom makes every endeavor to keep the HanseCom website free from viruses, HanseCom cannot make any guarantee that the website is virus-free. The User shall, for their own protection and to prevent viruses on the HanseCom website, take the necessary precautions to ensure an appropriate level of security and shall utilize a virus scanner before downloading any information, software or documentation.
9.3. Clauses 9.1 and 9.2 do not imply a change in the burden of proof to the detriment of the User.
10. Export Regulation
10.1. The export of certain information, software and documentation may be subject to approval, for instance due to its nature, intended use or final destination. The User shall strictly conform with the export regulations applicable to the information, software and documentation, in particular with those of the EU, EU member states and the USA. HanseCom shall label information, software and documentation according to German and EU export control lists and the U.S. Commerce Control List.
10.2. The User shall in particular check and ensure that
Access to software, documentation and information on the HanseCom website shall only take place where it conforms with the above checks and guarantees. Wherever this is not the case, HanseCom shall not be obliged to render the service.
10.3. Upon request, HanseCom will inform the User of the relevant contact points for further information.
11. Data Privacy
12. Subsidiary Agreements, Place of Jurisdiction, Applicable Law
12.1. Subsidiary agreements must be made in writing.
12.2. If the User is a merchant within the meaning of the German Commercial Code, the place of jurisdiction is Hamburg, Germany.
12.3. The individual pages of the HanseCom website are operated and administered by HanseCom GmbH. The pages take into account the requirements of the country in which the responsible company is based. HanseCom makes no claim that information, software and/or documentation on the HanseCom website may be legally viewed or downloaded at locations outside these respective countries. If Users access HanseCom website from a location external to these respective countries, they shall be exclusively responsible for compliance with all applicable local laws. Access to HanseCom website’s information, software and/or documentation from countries where such access is unlawful is prohibited.
12.4. German law shall apply under exclusion of the UN Convention on the International Sale of Goods.