Thursday July 09, 2020

General Terms & Conditions

§1 Subject Matter

  1. Via the internet portal which is accessible under the " Service") CEP-Research GmbH (hereinafter the "Provider") provides the User with online information on the following subjects:

    • Market information on the global CEP market
    • Market information on the transport industry.

    As a general principle, the Provider does not give information about private individuals. The Provider offers different kinds of services on

    • It provides news and information accessible for all or for subscribers only (“Free Users” / “  Premium Users”).
    • It provides content that can be purchased on demand (“ Purchase of data via Shopping Cart”) .
    • It provides Research Reports at the individual request of the customers (“Individual Research Services”).
  2. The service for “Free Users” is offered free of charge. Free Users are only able to view headlines of the texts and databases offered and as registered “Free Users” can purchase data via the Shopping Cart or can order individual Research Reports.

  3. The service for “Premium Users” is offered as a subscription-based service. The relevant details are regulated in § 6.1 (subscription details) of these General Terms and Conditions.

  4. Certain data is offered for purchase against payment via the Shopping Cart. The relevant details are regulated in § 6.2 (purchase of data via Shopping Cart) of these General Terms and Conditions. The Provider also offers research services and provides Research Reports at the customer’s request. The relevant details are regulated in § 6.3 (“Individual Research Services”).

  5. These General Terms and Conditions shall be applicable to the usage of the Service and in particular to:
    • the registration of the User with the Provider
    • the online access to all or parts of the Service by the User
    • the reproduction of individual content by the User via downloads or printouts
    • the subscription-based service and the purchase of data via the Shopping Cart (§ 6 of these General Terms and Conditions)

    Diverging, conflicting or supplementary Terms and Conditions are not applicable.

  1. The Provider is entitled to modify, reduce, supplement or cancel the services offered (content, database structure, user interface etc.), if and insofar as this does not substantially impair the performance of the agreement concluded with the User. The Provider will inform the User about changes to a reasonable extent.

  2. The Provider supplies Usage Guidelines for the User to download. The User is obliged to observe the guidelines and instructions contained therein as regards Service access, database research and the download of content. Upon request, representatives of the Provider shall provide training at User’s premises. The costs of these training courses shall be the subject matter of a separate agreement.

§ 2 Registration

  1. In order to utilise the Service Users must first register. The Service is designed for the exclusive use of entrepreneurs (as defined by Section 14 German Civil Code (BGB)) and of merchants (as defined in law). The User is obliged to provide accurate and complete data when registering.

  2. Upon registration, the User will receive his User ID and password. The User shall store his User ID and password safely in a place not accessible to third parties.

  3. When registration is confirmed by the Provider, a contractual relationship between the Provider and the registered User is established which is governed by the provisions of these General Terms and Conditions.

  4. Registered Users will receive a weekly or daily newsletter according to their choice and containing current market information and, if need be, a monthly Customer newsletter containing current information on CEP-Research products. This Service will be cancelled upon the User’s request. Each newsletter will contain a LINK to deregister from the distribution list.

§ 3 Technical requirements

  1. The User shall comply with all predefined technical requirements so as to ensure undisturbed access to the Service and retrieval of content. It is the sole responsibility of the User to purchase, use and maintain the hard and software he requires and to arrange for the connection to public telecommunications networks.

  2. Costs for setting up and maintaining the online access at the User’s end shall be borne by the User. The Provider shall not be liable for secure and uninterrupted data communication over third party communication networks. The Provider shall also not be liable for disruptions during data transmission which occur without any fault on his part and are due to technical failures or configuration problems at the User’s end. 

§ 4 Search function

  1. As part of the subscription-based service usage, the “ Premium User” has access to a search function. The search function helps the User to find content. To be able to use this function successfully, the User shall observe the stated instructions for a database search. The responsibility for carrying out a concrete and detailed search and, in particular, for entering the parameters lies with the User himself.

§ 5 Licence

  1. The Service and the individual items of content are protected by copyright, unless otherwise specified. The User shall be obliged to observe existing copyrights, and he undertakes not to infringe these. The User may only retrieve, store and use the content within the scope of the agreed contractual purpose and for his own usage. All limitations e.g. defined by German copyright and competition law shall apply. The User shall not be authorised to modify content nor to disclose, forward, or sell content, nor to duplicate such for the benefit of third parties. If the User wishes to use the content for a wider purpose or to forward it to third parties, he requires the prior written consent of the Provider.

  2. No copyright notice, source references and/or brand names may be modified or removed.

  3. Users acting as information brokers may only forward information to their customers if the Provider has given his prior written consent. These Users shall be liable for third parties’ compliance with the duties and obligations stipulated in these General Terms and Conditions.

§ 6 Subscription and other Paid services

Certain services and data apart from services for “ Free Users” are offered for purchase against payment only:

§ 6.1 Subscription details

  1. Users have the opportunity to register as a “Premium User” via the registration form or in their User Data profile.
  2. “Premium Users” are individual subscribers with full access to all offered contents included in the Service. The specific details of the content provided in the Service are described on the website. The Provider is entitled to modify, reduce, supplement or cancel the contents included in the service and will inform the User about changes to a reasonable extent. The term of the contract is 12 months and will automatically extend for another 12 months, unless the User terminates the subscription in writing no later than three months prior to expiration date. The subscription requires a fee as listed on the website at the time of the conclusion or extension of the contract, to be paid on a yearly basis (12 months).
  3. CEP-Research also offers multi-user and corporate licences to companies and organisations. These are separate contractual agreements where the company or organisation in question is the User and the number of individual users is agreed within the licence. These licences may also grant the User the right to re-use or re-publish content for internal purposes only.
  4. Payment is due upon receipt of the invoice. If the invoice is not paid in due time, the Provider shall be entitled to deny the User access to further market information until the invoice has been fully paid.

§ 6.2 Purchase of data via Shopping Cart

  1. All registered Users (“Free Users” / “Premium Users”) have the opportunity to purchase data on demand online via a Shopping Cart for the respective price shown on the website. Users will receive the product in an electronic format (mostly PDF files) via e-mail.
  2. Billing is based on the identification of the User which takes place when the User ID and password are entered. Users shall pay the invoiced amount immediately after receipt of the invoice.
  3. If the invoice is not paid in due time, the Provider shall be entitled to deny the User access to further market information until the invoice has been fully paid.

 § 6.3 Individual Research Services

  1. At the customer’s request, the Provider will perform Research on specified information.
  2. Prices will vary according to the extent of the research. The Provider will provide a calculation prior to a binding order of services.
  3. Information contained in the research report may be subject to privacy law and can only be made available upon proof that User is entitled to this information. Sensitive information may not be disclosed to third parties and shall only be used for justified cause.

§ 7 Privacy/ Collection of User data

  1. The handling of personal User data is subject to the Provider’s Privacy Policy . The Provider shall be entitled to collect the following data which is relevant for invoicing: type of usage, transferred content, duration of transfer, personal User identification data.
  2. The Provider will collect and process this data in compliance with the legal provisions regarding privacy.

§ 8 Personal data in market information

  1. The German Federal Data Protection Act (BDSG) states that a pre-condition for disclosing personal information is that the recipient of such information is able to demonstrate his plausible and justifiable interest in such data. Should, in exceptional cases and contrary to article 1 of these General Terms and Conditions, personal data be contained in the market information supplied, the User undertakes to request market information only if he has a valid interest in such and names the reasons to justify his valid interest. The Provider is entitled to check the stated plausible interest in individual cases.
  2. Section 28 par. 5 BDSG states that the User may only use or process the information received to fulfil the purpose for which data was released to him. Use or processing for other purposes is permissible only as contemplated by section 28 pars. 2 and 3 BDSG.

§ 9 Warranty and liability for Subscription Services and other Services as defined in § 6

  1. With regard to content purchased according to § 6, in case the information the User receives from the Provider proves to be inaccurate or out of date, the Provider will subsequently strive to supply accurate and updated information to the User. If the Provider’s replacement delivery is unsuccessful and the failure is his responsibility, the User shall be entitled to cancel the contract or reduce the amount paid for the information retrieved.

  2. The Provider is liable to pay damages in accordance with the legal regulations relating to personal injury and for losses as covered by the German Product Liability Act. Furthermore:

    1. In accordance with legal regulations the Provider is liable for losses if he has acted with intent to deceive and for losses caused deliberately or through gross negligence on the part of the Provider’s legal representatives or executives.

    2. The Provider’s liability to pay damages is limited to the amount of foreseeable damage in relation to a typical contract in respect of losses due to a breach of material obligations under the contract or cardinal obligations, such as duties that enable the implementation of the contract in the first place and on compliance with which the contractual partner can rely on usually, as a result of ordinary negligence (alternative 1.) and for losses occasioned by simple agents or servants of the Provider acting with deliberate intent or gross negligence but without the breach of material obligations under the contract or cardinal obligations as explained above (alternative 2.).

    3. The Provider is not liable in the context of article 9 par. 3 sub-par. b) alternative 1 of this article for loss of profits, indirect losses, consequential harm caused by a defect and third-party claims.

  3. The Provider is not liable for the condition, suitability or fault-free functioning of the public communication lines and private data communication equipment employed by User.

  4. Contributory negligence on the part of User, in particular failure to make an adequate contribution to performance, faults of organisation, inadequate data saving or any other breach of ancillary obligations shall reduce the amount of any damages which might be due.

  5. The Provider accepts no other liability whatsoever.

  6. It is the client’s duty to notify the Provider at once in writing of any losses or damages within the scope of the above liability clause or to have the Provider take note of such so that the Provider is informed as soon as possible and is thus in a position to collaborate with the User where possible in taking steps to minimise the loss. 

§ 10 Warranty and liability for use of non-purchased data by not-registered “Free Users”

  1. The Provider is liable for damages as provided in law.

  2. The Provider accepts no other liability whatsoever.

§ 11 Deregistration/Termination

  1. Subscription as a “Premium User” is extended automatically if no written notice to unsubscribe is received three months before the expiration date by the Provider. It is sufficient to transfer the notice to unsubscribe by e-mail.

  2. Registered “Free Users” have the right to deregister any time. It is sufficient to transfer the request of deregistration by e-mail.

  3. The right to terminate for good cause is in no way affected thereby.

  4. The Provider is entitled to cancel the services offered (content, database structure, user interface etc.). In this case, any annual subscription charges paid in advance will be refunded in proportion with the remaining term. Any and all other claims are excluded.

§ 12 Governing law and place of jurisdiction

  1. The contract established with the User is governed solely by German law, to the exclusion of the UN sales convention.

  2. If the User is a merchant (in law), a legal person under public law or public law special assets, the sole place of jurisdiction shall be the registered head office of the Provider in Hamburg.

§ 13 Final provisions

  1. Any departures from these General Terms and Conditions on the part of the User shall require prior written consent of the Provider. All declarations submitted on the basis of these General Terms and Conditions must be in writing.

  2. The Provider is entitled to alter at any time the Service and these General Terms and Conditions to take effect for the future. The User will be expressly notified of any such alterations via e-mail or within his User profile. If the User does not object to the alterations within two weeks after notification, the alterations shall be deemed accepted. The Provider will point out this legal consequence to the User. If the User objects to the alterations, he may discontinue use of the Service as of the time at which the altered Terms and Conditions become effective.

  3. If a provision of these Terms and Conditions of use should be entirely or partially invalid, this shall in no way affect the validity of the remainder of the provisions. Any invalid provision shall be replaced by a valid one which approximates the business purpose of the invalid provision as closely as possible. The same procedure shall apply to omissions.

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