The following General Conditions of Use apply in the version in force at the time the user registers to use the Customer Portal at Aliaxis Deutschland GmbH, Steinzeugstrasse 50, 68229 Mannheim (hereinafter known as Aliaxis Deutschland) and the services therein are made available to the user.
The use of the Customer Portal shall be governed by the following General Conditions of Use. In addition, Special Conditions of Use or Contractual Terms and Conditions may possibly apply for the use of individual modules and other products / services which can be retrievable via the Customer Portal. The User will be separately made aware of such terms and conditions.
Only those contractual partners who are conducting their business or working in a self-employed capacity when registering for, and using, the Portal (businessman within the meaning of Section 310 Para 1 of the German Civil Code [BGB]) as well as legal entities established under public law or public law special funds may register for the Portal. The Portal may not be used for private matters. Should the User have terms and conditions of business deviating from these terms, they shall not apply, unless Aliaxis Deutschland expressly agrees in writing that they shall apply.
1. General Terms
- On its website www.aliaxis.de Aliaxis Deutschland offers the use of a Customer Portal (hereinafter known as Portal), through which various content and basic feature set platforms (modules) are available.
- Basic users: Natural persons registering for basic access (“download” module (general information /price lists) by stating company data;
- Corporate users: Firm/business registering for corporate access as a specialist (“Equipment management” module);
- Service partner user: Basic user with access to the “service station” module;
- Administrator: Basic user who registers the corporate user and is authorised by the latter to act as its representative throughout the entire Portal (Access to the “equipment management” module and if necessary content /services which have to be paid for). The administrator may make other corporate basic users into administrators. The Administrator may grant firm access to other basic users.
- Corporate basic users: basic users granted corporate access by the administrator. These persons do not have administrator rights.
- The Portal elements consist of the following accesses (Status as of 01.12.2019):
- Basic access: access to the “downloads” module (general information / price lists); this shall not constitute a business relationship with the corporate user.
- Service Partner access: access to the “service station” module, requiring separate clearance by Aliaxis Deutschland (access by service partner users).
- Corporate access: (Current arrangements) access to the “equipment management” module with access to company-related data requiring separate clearance by Aliaxis Deutschland (access by business partner users).
- The signing of contracts (product or service offered) via the Customer Portal of Aliaxis Deutschland will only be possible in an area protected by a registration procedure (corporate access) and will only be allowed (by the administrator) for registered Corporate users.
2. Conditions of use, Registering for use
- The display of the Customer Portal by Aliaxis Deutschland on the website or in other media shall not constitute a binding offer by Aliaxis Deutschland. Instead, the user will be given an opportunity to submit a binding offer to enter into a usage contract with Aliaxis Deutschland.
- In the course of the registration procedure, the basic user will be asked to enter personal information plus company data. Such information is compulsory. The basic user will receive confirmation that his access has been approved sent to the e-mail address entered during the registration procedure. The User shall not have any legal entitlement to register. Aliaxis Deutschland is entitled to refuse to accept registration without having to state any reasons for doing so.
- A more detailed registration or the conversion of the basic access into corporate access will be required to access specific modules.
- To activate corporate access (corporate registration), a natural person entitled to represent the firm will have to register with basic access. This person shall be defined as the administrator for the firm as a corporate user.
- After all the necessary data has been entered in the firm registration document by the administrator, it shall be reviewed by Aliaxis Deutschland to confirm that it is complete and plausible. If the information is correct from the perspective of Aliaxis Deutschland, and if Aliaxis Deutschland has no other reservations, Aliaxis Deutschland shall grant access to the Portal, and inform the Contractual Party of this via e-mail sent to the e-mail address given for the administrator. This confirmation e-mail shall be regarded as acceptance of the application to register the corporate user. From the receipt of this confirmation e-mail onwards, the corporate user shall be entitled to use the Portal in keeping with these conditions of use.
- The user’s information must be complete and correct. Insofar as this data changes in the course of the user-relationship, the user shall have to correct the data in the Portal straight away in the account settings and/or personal settings.
- The administrator may invite other basic users who, for example, are associated with a corporate user as a result of an employment or service contract, or other type of agreement with a corporate user, to join the corporate access. If the basic user, who in turn has to be registered for basic access to the Portal, accepts the invitation, he shall be allocated corporate access as a corporate basic user.
- The administrator will have the option of activating/booking modules for the firm. Booked modules may be used by all corporate basic users to whom access to the Portal has been granted.
3. Usage options and contents of the Portal
- The User shall be given an ordinary, non-exclusive, non-transferrable right to use restricted to the duration of the usage contract subject to these General Conditions of Use to use the information provided in the available modules (cf. No 8 below – Protection of contents, Third-party contents) for the user’s own purposes.
- The information and functions available in the Portal are not binding offers by Aliaxis Deutschland to enter into contracts.
- Aliaxis Deutschland applies due diligence in selecting and maintaining the contents/information which can be downloaded from the Customer Portal. However, no guarantee can be furnished for the contents being complete, correct and up-to-date. The user will have to notify us straightaway of defects, breakdowns or damage occurring.
- The Aliaxis Deutschland Customer Portal currently provides the following modules (Status as of: 01.12.2019):
- “Downloads” module: through this the user, is able to look at general information (catalogues, price lists) of Aliaxis Deutschland, and if necessary, of third parties, free of charge.
- “Equipment management” module: in this module, the corporate user and administrator are able to record and manage FRIAMAT welding equipment and FRIATOOLS scraper tools and other types of equipment, too (hereinafter known as equipment) on a non-binding basis. Other product-related information is available for equipment manufactured by Aliaxis Deutschland itself. Service reminders may be deposited, inter alia, a service record may be kept. The service status may be shown, provided that the equipment has been brought in to Aliaxis Deutschland to be serviced, i.e. maintenance or repair. The User shall in all cases be urged to comply with the equipment indicators or inspection tag confirming the condition of the equipment and check any service intervals there may, regardless of the reminders in the “equipment management module”.
- In addition, FRIAMAT welding equipment can be registered by the corporate user and the administrator in the “equipment management” module for the FRIAMAT GarantiePLUS. The current version of the separate warranty terms may be inspected at www.aliaxis.de in the footer under the heading T&Cs and printed out. The corporate user or its administrator shall have to print out the certificate of warranty following registration or save it permanently on one of its storage media. Any problems there may be with registering are to be notified by the corporate user to Aliaxis Deutschland immediately.
- “Service stations” module:In this module, the service partner user shall have access to the current technical service records for equipment maintenance and repair of FRIAMAT welding equipment servicing plus FRIATOOLS scraping equipment and accessories after access has been cleared by Aliaxis Deutschland.
4. Modifications to the Portal contents /Conditions of Use
- Aliaxis Deutschland shall endeavour to continue developing the Customer Portal and its contents and functions and to adjust them to meet the requirements of the users. Aliaxis Deutschland shall consequently reserve the right to modify existing (free) modules and to add new (free) modules. In doing so, Aliaxis Deutschland shall reserve the right to amend the conditions of use with effect for the future, provided that the modifications are reasonable, taking into consideration the interests of the user and Aliaxis Deutschland. This shall be the case in particular if the modifications will not be financially detrimental for the User, e.g. when modifying the Portal and the system to incorporate state-of-the-art developments, modifications to optimise the system and in particular to make it more user-friendly as well as amendments to the contents, provided that the latter is necessary to correct defects, to update the system and to complete it, to optimise the programmes from a technical perspective or for legal licence-related reasons, or to expand the free contents of the Portal.
The User’s consent to the offer made by Aliaxis Deutschland shall be regarded as having been given if the User has not given any indication of cancellation prior to the point in time suggested at which the modifications enter into force. Aliaxis Deutschland shall point out the effect of this consent to the User separately in its offer. If the User does grant his consent, Aliaxis Deutschland use the amended version of the Conditions of use, the Special Conditions of Use or contractual T&Cs plus the introduction of additional conditions as a basis for subsequent use.
- If the User is offered amended conditions for contents which he has to pay for, the user may give immediate notice of termination on the part of the Portal affected by the changes, or the use of the Customer Portal as a whole prior to the proposed point in time at which the changes take effect without incurring any costs. This right of termination will be pointed out to the user by Aliaxis Deutschland separately in a notification of the intended change.
5. Responsibility for the login data and access to the Portal and services
- Login data including the password are to be kept secret by the user and must not be divulged to unauthorised third parties under any circumstances. All passwords allocated by Aliaxis Deutschland after registration are to be changed by the User straightaway into code words known only to the User.
- It will continue to be the user’s responsibility to ensure that the Portal is only accessed and the services available are only used by the user or by the persons authorised or entitled to do so by the User.
- Access to the Portal and to the services available in the Portal by unauthorised third parties is to be prevented by the user by taking suitable measures. The user shall be obliged to notify Aliaxis Deutschland straightaway of unauthorised use of his credentials. The user shall be liable for misuse of access for which he is to blame.
- The user must not use any devices, products or other means serving to circumvent or overcome the technical measures taken by Aliaxis Deutschland. In the event of the Portal being misused, Aliaxis Deutschland shall be entitled to block the user’s access immediately. Aliaxis Deutschland’s other rights and claims, in particular the right to extraordinary terminate the agreement for an important reason as well as compensation claims shall not be affected.
- The user shall be responsible for creating and maintaining the technical requirements in his area for accessing the Portal, in particular with regard to the hardware and operating system software used, internet connection and the current browser software. The User shall be obliged to take the necessary precautions to make his systems secure, in particular by using the common safety settings on the browser and using up-to-date protection to keep out malware.
6. Blocking access
- The access to all or individual parts of the Portal may be temporarily or permanently blocked by Aliaxis Deutschland at its own best judgement, if it has specific reasons to assume that these Condition of use and /or applicable law are being or have been breached.
- In addition to, Aliaxis Deutschland may, at its best judgement, block access permanently on account of inactivity. Insofar as Aliaxis Deutschland intends to block access on account of inactivity, Aliaxis Deutschland shall inform the user of this by e-mail one month in advance of the intended block.
- When making a decision about blocking access, the justified interests of the user will be taken into account as appropriate. Insofar as the user breaches these Conditions of use repeatedly, in spite of being warned of doing so, Aliaxis Deutschland shall reserve the right to block access permanently and to exclude the user from future participation in the Portal.
- The user will be informed by e-mail in the event of the user’s access right being blocked temporarily or permanently.
- In the event of a temporary block, the access right will be restored after the blocking period has expired, or if the reason for the block is definitively no longer existent, the user will be informed of this by e-mail.
- Access which has been permanently blocked cannot be unblocked. In this case, reregistration will be necessary. The user shall not have any legal right to take up the offer of registration.
7. Duration of the contract and Termination of Use
- The use of the Customer Portal is open-ended. The user relationship may be terminated at any time by a notice period of one month to the end of a month being observed by either party. Notice of termination must be sent in writing. In the event that the user raises an objection to intended changes in the Conditions of Use by Aliaxis Deutschland, the usage contract between Aliaxis Deutschland and the user shall be partly or fully terminated at the point in time at which the amendments to the Conditions of Use come into force:
If the user is offered changes in the conditions for contents/products/services which he has to pay for, the user may terminate use of the part of the Portal for which he has to pay affected by the amendments prior to the proposed point in time at which the amendments are to come into force immediately and free of charge by serving notice of termination. The User is to be informed of this right to give notice of termination by Aliaxis Deutschland on the occasion of each amendment.
- The user’s right to terminate and that of Aliaxis Deutschland to terminate for an important reason shall remain unaffected. An important reason shall be present for Aliaxis Deutschland in particular if the requirements for a permanent block have been satisfied (No 5).
- When the usage contract ends, the Portal access and access to the services shall end. In this case at the point in time at which the contract ends, the user will be blocked and all passwords will be deleted. Aliaxis Deutschland is entitled and obliged, after any possible statutory retention periods have expired, to delete all data created in the course of using the Portal so that it cannot be restored. For personal data, the data protection regulations laid down by law and in force at that time shall apply in accordance with the data protection guidelines.
8. Protection of contents, Responsibility for third party content
- Some of the content available on the Portal comes from Aliaxis Deutschland and some comes from third parties. Content from third parties shall be collectively referred to hereinafter as third-party content.
- The content and third-party content available in the Portal are protected by the German Copyright Act, Trade Mark Law and Competition Law or by other proprietary rights and shall in each case be the property of Aliaxis Deutschland, the other Party to the contract with Aliaxis Deutschland, or of other third parties which provided the respective third-party content. Computer programmes are covered by the protection of Sections 69a et seq. of the German Copyright Act [UrhG]. Handbooks and records as well as works made available are protected by Section 2 of the German Copyright Act [UrhG]. Third party rights to the protected works shall not be affected. Trade marks, company logos, other marks or proprietary notes, copyright notices, serial numbers as well as characteristics serving for identification must not be removed or modified in electronic format, or in print-outs. The user may only use these contents in accordance with these Conditions of Use and/or the Special Conditions of Use/Contractual T&Cs. Rights of use which may be exercised on the basis of statutory licences – in particular in accordance with Sections 60a et seq. of the German Copyright Act [UrhG], are not granted in the Conditions of Use and will not be affected as a result.
- The offer may possibly include Third-party content beyond the control of Aliaxis Deutschland. Aliaxis Deutschland does not check Third-party content to verify that it is complete, correct and lawful; consequently, it will not assume any liability at all, nor will it furnish any guarantee that such Third-party content is complete, correct, lawful and up-to-date. This shall also apply with regard to the quality of Third-party content and their suitability for a specific purpose (cf. No 3 Para 3 of these T&Cs. The user should subject the content to a plausibility test appropriate for the intended use.
- The offer may possibly include links to external third-party websites, the content of which is beyond the control of FRIATEC. Consequently Aliaxis Deutschland is unable to furnish any guarantee for this third-party content. The respective provider or operator of the linked websites shall be responsible for the content of the linked websites. It is unreasonable to expect that the content of linked websites is constantly subjected to inspection unless there are specific indications that a breach of the law has been committed. If breaches of the law become known, Aliaxis Deutschland shall remove such links straightaway.
- Aliaxis Deutschland shall endeavour to the best of its ability to ensure that the services offered in the Portal are available at all times, but it is however, unable to guarantee this.
- Aliaxis Deutschland cannot guarantee that it will be able to provide information which is up-to-date promptly. Please remember that times quoted will be CET.
- Aliaxis Deutschland shall be entitled to switch off services or parts thereof offered in the Portal for the purpose of servicing (scheduled or otherwise) temporarily for modifications, improvements or removal. Aliaxis Deutschland shall endeavour to switch off its services outside office hours (CET) as far as possible and to notify the user of downtime in advance – if possible.
- Aliaxis Deutschland cannot, under any circumstances, be held liable for losses suffered by the user in connection with downtime caused as a result of servicing, modifications or improvements to the services in the Portal.
- If a modification results in a considerable change in function, Aliaxis Deutschland shall endeavour to inform the user of this in good time.
10. Data protection
Aliaxis Deutschland takes the protection of personal data seriously. The personal data created as a result of the user registering to use the Portal as well as from using the services available will only be collected, saved and processed by Aliaxis Deutschland insofar as this is necessary for using the Portal and its contents, and is allowed by statutory regulations, or instructed by law.
The use and handling of the user’s data is regulated in the data protection guideline for the Portal, the version of which as may be amended from time to time may be read and downloaded from www.aliaxis.de in the footer under data protection and printed out. Aliaxis Deutschland shall provide the user with a printed copy of the data protection guideline upon request.
11. Limitation of liability, Period of limitation
- Aliaxis Deutschland shall be liable for damages arising from death, personal injury or physical harm as well as for damages resulting from intent or gross negligence on the part of Aliaxis Deutschland.
- The liability of Aliaxis Deutschland attributable to ordinary negligence for a breach of its duties the fulfilment of which makes it possible to execute a contract properly in the first place, and upon compliance with which the other Party to the contract may, in particular, normally rely (important contractual duties /cardinal duties) shall be limited to foreseeable damages typically occurring. Otherwise liability for ordinary negligence shall not be admitted. No liability of Aliaxis Deutschland under the German Product Liability Act, or when furnishing guarantees shall be affected by the above limitation. The above limitations of liability shall also apply even if the breaches of duty have been committed by the legal representatives or assistants of Aliaxis Deutschland. Insofar as Aliaxis Deutschland cannot be held liable given the above regulations, this shall also apply for the personal liability of the employees and assistants of Aliaxis Deutschland.
- Aliaxis Deutschland shall be liable for data losses in accordance with the above paragraphs only in those cases in which such a loss could not have been avoided had appropriate data security measures been taken by the user.
12. General provisions
- German law alone shall apply; however, the UN CISG shall not apply.
- The German version of these Conditions of use shall be definitive.
- The exclusive place of jurisdiction for disputes arising from, and in connection with, these Conditions of use shall be Mannheim, if the user is a registered business, a legal entity created under public law, or a public law special fund or if the user does not have any general place of jurisdiction within Germany. However, Aliaxis Deutschland shall reserve the right to take legal action against a user having no general place of jurisdiction in Germany at the courts otherwise having jurisdiction.
- Should a provision of these Conditions of use be or become invalid, the validity of the remaining provisions shall not be affected as a result thereof. In such a case Aliaxis Deutschland and the user shall be obliged to participate in creating legally-valid provisions with which a result coming as close as possible to the economic objective of the invalid provision can be achieved. The above shall apply accordingly should the contract be incomplete.
Mannheim, December 2019