brand added value AG (hereinafter MMW)
Terms and conditions for using the MMW services
1 General, scope, definition of terms
1.2 The general terms and conditions apply to all contracts for the provision of services that MMW concludes in connection with Internet services with companies, entrepreneurs, legal entities or natural persons. In particular, they also apply to all users of the Internet platform, starting with the first access to and registration on the platform.
1.3 These terms and conditions apply exclusively. The validity of any terms and conditions of the user is contradicted. Any terms and conditions of users or contractual partners will not become part of the contract even if MMW does not separately contradict them or MMW carries out deliveries or services without reservation or accepts payments without reservation.
1.4 We reserve the right to change or add to these terms and conditions at any time at our reasonable discretion and taking into account the interests of the user, e.g. to comply with a changed or new legal situation, newly offered MMW services or any loopholes. Contractual partners will be notified of changes to the terms and conditions in writing, indicating the changed provisions, and shall be deemed to have been agreed if the contractual partner continues the contractual relationship without contradicting them in writing within a period of 4 weeks. The changes will only take effect for you after this period has expired without objection. In the notification of the changes, we will point out the deadline and the consequences if you remain silent or fail to meet the deadline. The timely dispatch of the objection is decisive for compliance with the deadline.
In the event of an objection by the contractual partner, the terms and conditions applicable up to that point for the contractual relationship concerned remain valid. Your contractual rights of termination remain unaffected.
1.5 These terms and conditions are supplemented by the guidelines on data protection and the current version of the price list, as well as any service conditions that may apply to the MMW services.
1.6 These terms and conditions can be printed out by the user and saved on a permanent data carrier.
2 DATA PROTECTION
Please also read our data protection declaration and our declaration on cookies (Link to data protection and declaration for cookies) which also apply to your use of all MMW services.
3 ELECTRONIC COMMUNICATION
When you use an MMW service or send us e-mails, text messages or other communications from your computer or mobile device, you are communicating with us electronically or in text form. We will communicate with you electronically in various ways, e.g. via e-mail, text messages, in-app push messages or by publishing electronic messages or other communication on our website or as part of other MMW services, such as the MMW chat . For contractual purposes, you agree to receive communications from us in text form and you agree that all consents, notifications, publications and other communications that we communicate to you electronically do not require a written form, unless mandatory statutory provisions require otherwise Form of communication.
4 Your user account, conclusion of contract
4.1 When you use an MMW service, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices., You are requested to take all necessary and reasonable steps to ensure that your password is kept secret and kept safe. You are obliged to inform us immediately if you have cause for concern that a third party has gained knowledge of your password or that the password is being used without authorization, or if this is likely or you suspect it. If you culpably violate the above obligations, you are liable for all activities that are carried out using your account or password, but no longer than until you are notified of possible misuse of your user account or password.
4.2 You are responsible for ensuring that the information you provide to us is correct and complete and for notifying us of any changes to the information you have provided. You can view and update the information you have given us as well as personal data and your account settings in the My User Account area of the website.
4.3 The usage relationship (conclusion of contract) begins with the successful registration of the user and with the acceptance of the registration by us by granting an access authorization and the activation of the personal profile (user account).
4.4 By filling out the registration form, you are submitting a binding offer to conclude a service usage contract. To do this, all data fields on the registration form must be filled in completely and correctly. Before sending the registration form, you have the option of correcting any input errors by clicking on the relevant fields.
4.5 The contract between the user and us is concluded when the application to open an account is accepted. We will immediately confirm receipt of the application to open a user account electronically to the email address provided by the user. The confirmation of receipt does not constitute a binding acceptance of the application. However, the confirmation of receipt can be combined with the declaration of acceptance. The declaration of acceptance can be made expressly or by activating the user account.
4.6 The contract text is not saved by us. We therefore recommend that you keep the declaration of acceptance carefully.
4.7 Contracts are concluded with you exclusively in German.
5 Operating times and availability of the Internet platform, system failures
5.1 In principle, the Internet platform is available to users from Monday to Sunday from 6:00 a.m. to 10:00 p.m. without interruption.
5.2 MMW ensures maximum availability of its Internet platform with great effort:
- The Internet servers are operated in a dedicated data center that is responsible for monitoring and maintaining the servers.
- All critical components in the area of the server hardware are designed redundantly.
- The software implements maximum independence of individual components or functions of the online services.
Despite these measures, system failures cannot be completely ruled out. Interferences in the area of the internet and in the local access technology of the user are not in our area of responsibility.
5.3 Classification of system failures
From the point of view of the business processes supported by the online platform, those functions that are used at the point of sale are particularly important. A distinction is therefore made between the following classes of system failures:
- Reduced system availability: failure of non-POS functions System availability is reduced when functions that are not used at the point of sale are no longer available; these include the functions for maintaining master data, managing users and importing interfaces. If the system availability is reduced, the POS functions, in particular the registration of goods and the reporting of sales services, are still available.
- Unavailability of the system: failure of all system functions The system is then unavailable if all system functions have failed or the Internet address www.markenmehrwert.com cannot be reached. MMW assists through all state-of-the-art measures and by concluding service agreements ensures its suppliers the following system availability and maximum downtime:
- Reduced system availability: Maximum 3% of the planned operating time, maximum downtime 18 hours
- System unavailability: Maximum 1% of the planned operating time, maximum downtime 6 hours
In the event that the system is unavailable, an offline process is provided for registering goods and reporting sales services. Any associated expenses in the back office area are provided by MMW without incurring additional costs for the user.
5.4 Announced maintenance work
There are scheduled and announced maintenance times for MMW services and our website during which
certain functions or the online system as a whole are not available. These
Maintenance work will be carried out provided it is familiar with the scheduled operating times of the online services
overlap, announced at least three days in advance.
Maintenance work outside of business hours does not require prior notice.
6 User Obligations
6.1 The user is obliged to use the services of MMW AG properly. In particular, he is obliged
- to ensure that the network infrastructure or parts of it are not overloaded by excessive culpable, ie non-contractual use;
- the possibility of accessing the services of MMW is not abusive
use and refrain from illegal activities;
- to ensure compliance with the statutory provisions incumbent on him and the official requirements communicated to him;
- to ensure that official permits are issued in his area of responsibility, insofar as these are currently or in the future required for participation in MMW AG's MMW services;
- to take into account the recognized principles of data security, in particular
To keep passwords secret or to change them immediately or to initiate changes if there is a suspicion that unauthorized third parties have gained knowledge of them;
- To notify MMW of any defects or damage immediately (fault report);
- to take all measures within the framework of what is reasonable to enable the defects or damage and their causes to be identified or to facilitate and accelerate the elimination of the fault;
- after submitting a fault report to MMW, to reimburse expenses incurred by the inspection of its facility, if and to the extent that the inspection reveals that a fault was the responsibility of the user.
6.3 If the user culpably violates the stated obligations and if the user does not remedy the violation despite a prior warning, MMW is entitled to terminate the contractual relationship without observing a notice period.
6.4 The user is responsible for all authorizations and permissions necessary to receive the online service.
6.5 The user will only access and receive data and information that he is entitled to receive according to the agreements made. The user acknowledges that they will compensate MMW for any damage that MMW incurs as a result of the user culpably receiving, processing or passing on data other than that intended for him.
6.6 Furthermore, the user is obliged to use the online service and the information contained therein only within his contract and for his own purposes. The user undertakes not to use the online service for illegal purposes or to allow any use for it.
7.1 MMW will do everything possible to ensure the accuracy and reliability of the online service.
7.2 In particular, MMW will do everything possible to ensure that the commissioned employees and other vicarious agents observe the anonymity of the user vis-à-vis third parties. The bodies from which the user obtains information or to which he forwards information are not considered third parties in this sense. MMW will forward any information to be transmitted in accordance with the MMW service in accordance with the contract. The user will ensure that any data protection consent required by his contractual partners, vicarious agents or buyers / end consumers is obtained.
7.3 The services of MMW serve the exchange of information between manufacturers and their trading partners and end users.
The information exchanged via the services of MMW is subjected to extensive and careful checks. Problems in the area of data quality may be communicated promptly and comprehensively to the participants in the online service.
Beyond these measures, MMW does not guarantee that the information contained in the online service is correct, complete and extensive.
8 Changes to the services offered
MMW reserves the right to expand, change and improve services at its own discretion and taking into account the interests of the user. MMW is also entitled to reduce the services to a reasonable extent.
9.1 MMW is not liable for the fact that information that is brought into the portal by the users of the portal is complete, correct, up-to-date and free from third party rights.
9.2 MMW is not liable for any damage caused by the fact that the user's information can be viewed on the technical transmission channels that are usually provided by the Internet providers and Deutsche Telekom AG.
9.3 Unless otherwise agreed below, MMW is in no way liable for damage other than grossly negligent or intentional damage. In particular, MMW is only liable for damage caused by system failures on the Internet platform in cases of willful intent or gross negligence.
9.4 The above exclusions of liability do not apply to liability for injury to life, body and health. Furthermore, they do not apply if the damage is based on the breach of a cardinal or essential contractual obligation or the breach of a guarantee. MMW's liability under the Product Liability Act or other mandatory statutory provisions remains unaffected.
9.5 In the event of a breach of cardinal or essential contractual obligations, MMW's liability to pay compensation is limited to the foreseeable damage.
9.6 The above exclusions and limitations of liability also apply with regard to the liability of employees, workers, employees, representatives and vicarious agents of the operator, in particular for the benefit of shareholders, employees, representatives, organs and their members with regard to their personal liability.
9.7 In the event of force majeure and unforeseen events such as fire, strikes, lockouts and other unforeseeable circumstances for which MMW is not responsible and which make it necessary to limit or discontinue the service of MMW AG, MMW is responsible for the duration of the restriction or suspension Duty to perform exempt. Force majeure is also given if MMW AG has to limit or completely stop its services as a result of a computer virus in the system, (i) although we have adequately protected ourselves against the intrusion of the computer virus or (ii) we have adequate protection against the specific virus Conditions was not possible.
9.8 MMW is in no way liable for any losses incurred by the user as a result of incomplete or incorrect information provided by MMW AG's MMW services.
Excluded from this liability exclusion are cases in which missing or incorrect information should have been or was provided by MMW itself, as well as cases of intent or gross negligence.
9.9 The user is liable for all consequences and disadvantages caused by him, which MMW and third parties incur as a result of the grossly negligent or intentional improper or illegal use of the MMW services by the user or the fact that the user negligently or intentionally fails to meet his other obligations .
10 Term and Termination
10.1 The usage contract is concluded for an unlimited period. A different term may apply to the individual MMM services, which can be found in the respective terms of service.
10.2 The right of both parties to terminate the contract at any time for an important reason remains unaffected. An important reason on the part of MMW lies in particular, but not exclusively, in the case of a culpable breach of the obligations according to Section 6, which the user does not remedy despite a prior warning.
11 place of jurisdiction
The place of jurisdiction for all contracts concluded with MMW is Mannheim, provided the user is a merchant, a legal entity under public law or a special fund under public law.
12 final provisions
12.1 Changes and additions to the regulations specified in our terms and conditions must be made in writing. This also applies to the removal of the requirement for text form.
12.2 Neither party may assign the rights to which it is entitled under this contract to third parties without the prior consent of the other party.
12.3 German law applies to the exclusion of the UN sales law.
12.4 Should individual provisions of the contract be ineffective or unenforceable, this does not affect the effectiveness of the rest of the contract. If the user is a merchant, a legal entity under public law or a special fund under public law, the parties will replace the ineffective or unenforceable provision with a provision that comes as close as possible to the economic content of the ineffective or unenforceable provision.
Created by branden mehrwert - brand added value AG
As of 2020