Terms of use for the SLS online catalogue
1. Scope of the terms of use
(1) These Terms of Use apply to all users of the online offering “SLS Innovation Lab,” which is available on the Internet at innovation-lab.sls-siempelkamp.com (hereinafter referred to as “Catalogue”). This is a product catalogue for which user accounts can be created.
(2) Use of the catalogue is exclusively reserved for commercial users who own a Siempelkamp system or are interested in doing so. The offering is explicitly not intended for private consumers.
2. Conclusion of contract and user account
(1) The use of a user account by the user and the creation of said account by the operator Siempelkamp Logistics & Service GmbH (hereinafter referred to as the operator) constitutes a user agreement with the operator. The subject matter of the user agreement is the use of the catalogue. The operator will first create a user account for a user to be named and define access to the entire catalogue.
(2) A user account can only be created if the user provides a current email address. This email address is also used for communication with the operator and the Siempelkamp Group.
(3) The contract language is German.
(4) The catalogue does not offer a web shop function and the contents of the catalogue do not constitute a binding offer. A binding purchase contract is only concluded once such an individualized offer from the operator or a company of the Siempelkamp Group, which is not made via the catalogue functions, has been accepted.
(5) The information in the catalogue may contain non-binding specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g., due to product changes). The desired performance characteristics of the products must be expressly and exclusively agreed upon in each individual case at the time of purchase
3. Use of the catalogue
(1) When using the catalogue, the user can make use of the following service:
• The user has the option of viewing products and upgrades for individual system components as well as general company information.
(2) The operator is entitled to block access to individual content at any time, e.g. if there is suspicion that it violates applicable law or the rights of third parties. This also includes the deletion of individual or all stored user accounts. The user has no claim to the maintenance of individual functionalities of the catalogue or the catalogue as a whole.
(3) The operator endeavors to ensure the smooth operation of the catalogue. This is naturally limited to services over which the operator has influence. Nevertheless, the operator is free to restrict access to the catalogue in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events
4. User's obligation to cooperate
(1) Copyright-protected content (e.g., drawings and images) may not be used by the user without the consent of the respective copyright holder.
(2) If the user takes advantage of the option to create additional user accounts, they must ensure that the employees concerned agree to the sending of promotional emails.
(3) The user is obliged to handle the login data with care and to oblige their employees to do the same. The user is prohibited without exception from disclosing the login data to third parties and/or enabling third parties to access the catalogue by circumventing the login data.
(4) The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the catalogue or the technical infrastructure behind it. This includes in particular:
• the use of software, scripts, or databases in connection with the use of the catalogue;
• the automatic reading, blocking, overwriting, modification, or copying of data and/or other content, unless this is necessary for the proper use of the catalogue.
(5) If disruptions occur during the use of the catalogue or its functionalities, the user shall notify the operator of this disruption without delay.
5. Confidentiality obligation and observance of copyright
(1) The user must treat the contents of the catalogue as confidential and protect them from unauthorized access by taking appropriate measures. In particular, the contents may not be made accessible to competitors of the operator or its affiliated companies.
(2) The contents of the catalogue are protected by copyright. The user may only use the contents provided by the operator for their own information about the operator's product range. Any kind of editing, reproduction (including so-called “screenshots”), distribution, and any kind of use of information or data, especially the use of texts, text parts, data sheets, illustrations, drawings, or image material, requires prior written consent in each individual case. Licenses of any kind are not granted.
(3) Insofar as the content in the catalogue was not created by the operator (e.g., drawings and product descriptions from third parties), the copyrights of third parties are observed. Should the user nevertheless become aware of a copyright infringement, the operator requests that they be notified accordingly. Upon becoming aware of any infringements, the operator will remove such content immediately.
6. Liability
(1) The operator does not guarantee the accuracy, completeness, or timeliness of the information and data provided in the catalogue. It is the user's responsibility to individually check whether the content presented is suitable for their purposes. Regardless of this, the operator remains responsible under the DDG (Digital Services Act).
(2) The catalogue may contain direct or indirect references to external websites (“hyperlinks”). Since the operator has no influence on the content or creation of such external websites and continuous monitoring is not reasonable, the operator cannot accept any responsibility for the content of such websites. The operator therefore expressly excludes any liability for the opening or content of such websites that are accessed via such a hyperlink connection and for any damage resulting from the use or non-use of the information offered there. The respective provider or operator is always responsible for the content of the linked pages.
7. Personal data
The Innovation Lab is a “service in exchange for data” model, in which the operator provides the user with a product that is otherwise free of charge and, in return, may use the user's contact details for advertising purposes. In order to be able to provide users with the Innovation Lab at no additional cost, the operator and the affiliated companies of the Siempelkamp Group also process user data for future advertising purposes by email and post. If users wish to access the Innovation Lab, they must therefore agree to the use of their data for the purpose of contacting them by email and post.
All other information about the processing of users' personal data is provided by the operator in the privacy policy.
8. Contract term/termination
(1) The contract is valid for an indefinite period and can be terminated by either party at any time without notice and without giving reasons.
(2) In addition and beyond this, the parties' right to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
(3) The operator shall have good cause to terminate this contract if the customer persistently violates its obligations under clauses 4 or 5 of this contract.
9. Final provisions
(1) Should the contract contain invalid provisions, the validity of the rest of the contract shall remain unaffected.
(2) German law shall apply exclusively to this contract. The exclusive place of jurisdiction is Krefeld.