General Terms of Business of Molkerei MEGGLE Wasserburg GmbH & Co. KG for the Website www.meggle-foodingredients.com
The website at www.meggle-foodsystems.com and www.meggle-foodingredients.com (“the Website”) is pro-vided by MEGGLE Wasserburg GmbH & Co. KG (“Meggle”), Megglestraße 6-12, 83512 Wasserburg, Germany, represented by MEGGLE Wasserburg Verwaltungs GmbH, which is represented in turn by Managing Directors Reinhold Schlensok (Chairman) • Marcus Hormuth • Dr. Franz Mayer • Matthias Oettel • Dr. Stefan Schmale
1.1. The following General Terms of Business (“Terms”), in the version applicable when the respective agreement is concluded, apply exclusively between us and you (you hereinafter the “User”) for all offers, content and legal relations as may be displayed or performed via the Website.
1.2. The User must consent to these Terms when registering for the Members’ Area of our Website (cf. clause 2.1 below).
1.3. The products offered by Meggle are aimed at businesspersons. For the purposes of these Terms, a “businessperson” is any natural person, legal entity or partnership having legal capacity that is acting in pursuit of its commercial or professional self-employed activities when concluding the agreement (Section 14 (1) of the German Civil Code (BGB).
2. Using our Website
2.1. Members’ area
The Website includes an area (the “Members’ Area”) in which Meggle provides the User with downloadable data sheets and brochures relating to Meggle products (“Product Information”). The Members’ Area and the content provided there by Meggle are accessible only to those users of the Website who are actively and validly registered (“Registered Users”). Only Registered Users have the right to access the Members’ Area of our Website and to inform themselves there about the products of Meggle.
2.2. Registration for the Members’ Area
Registration for the Members’ Area may be requested in the registration portal created for that purpose on the Website, stating your name, email address, company and country. The User must also specify a user name and password. No other user details are required for registration. Once the User has entered the data required for registration and has indicated his or her agreement to these Terms and to our Data Protection PolicyData Protection by clicking the respective checkbox, and after Meggle has activated the account, the User will be sent an email containing a link for activating his or her access to the Members’ Area. When access has been activated, the User has successfully completed the registration process. There is no entitlement to registration on the part of Users.
2.3. Deactivating registration
Registration of a registered User remains active until it is terminated. Registered Users can deactivate their registration at any time and without giving reasons by sending a message requesting deactivation to Meggle (infomeggle-foodsystemscom). Deactivation by the Registered User takes effect when the message has been received.
Meggle reserves the right to terminate any registration at any time at its own discretion. Meggle may inform the Registered User by email as well about the deactivation of his or her registration. No reason need be given for such deactivation by Meggle.
2.4. Extended Members’ Area
The Website also includes an extended Members’ Area (“Extended Members’ Area”) containing further information beyond Product Information, such as suggested recipes and certificates (“Extended Product Information”). Meggle may accredit Registered Users for the Extended Members’ Area at its own discretion (“Accredited Users”). There is no entitlement to accreditation for access to the Extended Members’ Area. Meggle reserves the right to revoke Accredited Users’ accreditation for the Ex-tended Members’ Area at any time and at its own discretion. Accreditation for the Extended Members’ Area shall also end when registration is deactivated under clause 2.3 of these Terms.
2.5. Use without registration
Even if you are not registered, you may view the Website and any information that is not in the (Extended) Members’ Area. However, Non-Registered Users have no access to the Members’ Area.
2.6. Data Protection Policy
For details on the collection, storage and use of the personal data of those using our Website, we refer to our Data Protection Policy.
3. Rights to the Website content
3.1. Unless otherwise stipulated in clause 3.2 of these Terms, the content deposited on our Website may not be copied or disseminated, or otherwise used or reproduced, unless we have given our prior consent. This also applies to copying by "robot/crawler" search engine technologies, or by other automatic mechanisms.
3.2. On successfully completing registration, Registered Users acquire a simple, free and irrevocable right to download Product Information from the Members’ Area and to use it for their own internal information purposes. Accredited Users acquire the same right in respect of the Extended Product Information. It is not permitted to disclose the Product Information or the Extended Product Information or parts thereof to third parties, in particular to sell, give or rent such Information to third parties.
3.3. Reproduction of the images on our Website (even by downloading), whether for private or commercial purposes, is not permitted.
4.1. Our Website is purely an information platform. Internet access, for which the User alone is responsible, is needed to use the Website. No warranty can be given for permanent availability of the Website, the Members’ Area and the Extended Members’ Area.
4.2. Every care was taken to ensure the correctness of the (Extended) Product Information and the other details provided by Meggle on the Website. Errors may still occur, however. We are grateful if errors can be brought to our attention. Meggle cannot provide any warranty for details and information provided by third parties. Liability is governed solely by statutory liability rules. When using our recipes, every User is responsible for compliance with statutory regulations.
4.3. We provide our Website merely within the limits of the current state of the art. The information offered on our Website, also and specifically in connection with the Members’ Area and the Extended Members’ Area, may be subjected to limitations at any time if this is necessary with regard to capacity limits, the security or integrity of the servers, or to carry out technical measures, and if this serves to maintain proper or improved delivery of the services (maintenance work) or is deemed necessary by Meggle.
5.1. Meggle bears unlimited liability, for the Website content for which it is responsible,
- in cases of wilful action or gross negligence,
- for personal injury to life, body or health,
- under the terms of the Product Liability Act and
- to the extent of any guarantee or warranty given by Meggle.
5.2. Without prejudice to the provision in clause 5.1. above, Meggle shall bear liability in cases of negligence only for material breach of duties, i.e. for breach of duties that must be fulfilled for implementation of the usage agreement to be possible, and which the User can generally rely upon as being complied with (“Material Duty”). In the event of a breach of a Material Duty due to minor negligence, the liability shall be limited to the typical damages and/or to the typical extent of damages that were reasonably foreseeable at the time the contract was concluded.
5.3. The above limitations of liability shall also apply to damage caused by a vicarious agent of Meggle, and to the personal liability of the employees and representatives, as well as service providers used by Meggle and the employees and representatives of the latter.
5.4. Claims to damages by the User, based on liability due to wilful action, shall be barred by limitation according to the statutory regulations. The statutory period of limitation for other claims to damages by the User is one year. It begins at the end of the year in which the claims arose and the User obtained knowledge of the circumstances justifying the claim and the person who owes the damages, or in which the User failed to acquire knowledge due to gross negligence on its own part, but no later than five years after the claim arose and no later than ten years after commitment of the action, the breach of duty or whatever other event gave rise to the damages.
6. Data protection
If personal data of the User are collected in connection with use of our Website, Meggle shall comply with the applicable data protection regulations, in particular the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetz, TMG) when collecting, processing or using such data. Further information concerning the treatment of User data may be found in our Data Protection Policy at www.meggle-foodsystems.com/en/dataprotection/.
7. System integrity and platform malfunctions
The User may not use any mechanisms, software or other scripts, in connection with the use of our Website, that adversely affect the functions of the Website or which impose an unacceptable or excessive load on its infrastructure.
8. Password issuance and treatment of passwords
8.1. The User specifies his or her own user name and password (referred to collectively as the “Access Data”) when registering for the Members’ Area.
8.2. The User shall not disclose this Access Data to unauthorised third parties. In particular, the user name and password must be kept in a safe place such that unauthorised third-party access to said data is impossible, in order to prevent any misuse of access by third parties. The User shall inform Meggle without delay as soon as he or she obtains knowledge that the password is known to unau-thorised third parties and that the password in such a case needs to be changed without delay.
9. Amendments to these Terms
Meggle reserves the right to amend these General Terms of Business at any time with effect for the future and without giving reasons. The amended Terms will be sent to the Registered Users by email no later than two weeks before they take effect. The amended Terms shall be deemed accepted unless the User objects, within two weeks after receiving the email, to application of the new Terms. In said email containing the amended Terms, Meggle will specifically draw the User’s attention to the importance of that two-week period.
10. Governing law, place of jurisdiction and final provisions
10.1. The contractual relationship between Meggle and the User is governed by the laws of the Federal Republic of Germany, under exclusion of the UN convention relating to the international sale of goods, without prejudice to any mandatory regulations.
10.2. The normal courts of law with competence for Wasserburg/Inn have local jurisdiction for any proceedings instituted by the User against Meggle from or in connection with the respective contractual relationship.
10.3. Should any provision of these General Terms of Business be or become invalid, or contain an impermissible deadline or gap or loophole, this shall have no effect on the legal validity of the remaining provisions. If the invalidity is not due to a breach of Sections 305 ff. of the German Civil Code (BGB, Applicability of General Terms of Business), then the invalid provision shall be deemed replaced by a valid provision that comes closest to the original business intentions of the parties to the contract. The same principle shall apply to any loophole. In the event of an inadmissible deadline, the legally permissible deadline shall apply.
Date: 1 October 2013