Terms of use

Terms of use

www.warehouse-logistics.com

§ 1

Scope of application, definitions and subject matter of the contract

(1) These terms of use apply to the online services of Fraunhofer-Institut für Materialforschung und Logistik IML, Joseph-von-Fraunhofer-Straße 2-4, 44227 Dortmund as a legally non-independent institution of Fraunhofer Gesellschaft zur Förderung der angewandten Forschung e.V., Hansastraße 27 c, 80686 Munich (hereinafter referred to “Fraunhofer IML”) on the second level domain warehouse-logistics below several top level domains, such as .com, .info or .it (e.g. www.warehouse-logistics.com, www.warehouse-logistics.info or www.warehouse-logistics.it).

(2) The following definitions are used in these terms of use:

  • "Platform" is the online presence in accordance with § 1 paragraph 1 of these terms of use.
  • "WMS" is a warehouse management system.
  • A "WMS-Provider" is a company or a person which/who offers WMS to third parties.
  • A "Participant" is a WMS-Provider which has concluded a contract regarding the participation in the Platform and is listed on it.
  • The "WMS-database" is the database operated by Fraunhofer IML in which WMS-Providers and their WMS are listed.
  • A "WMS-user" is a company or a person which/who uses or wants to use WMS.
  • A "User" is a company or a person which/who is not a WMS-Provider but is registered on the Platform in order to gain access to the “WMS-database”. Depending on whether the User is registered on the Platform for a charge or for free, the User has different services available. A User is typically a WMS-user which is registered on the Platform.
  • The "WMS online selection" is the selection or filter function which can be used to access the “WMS-database” on the Platform. The function is available to Users and Participants.
  • A "Visitor" is a company or a person which/who visits the Platform without using specific services as a User or Participant. The visitor has the possibility, for example, to read articles and contributions on the Platform.
  • Participants, Users and Visitors are referred to jointly as “Guests”.

(3) Fraunhofer IML observes and analyses the market requirements for WMS and compares them with the service portfolio of individual Participants. Fraunhofer IML validates the Participants' WMS and provides the results in a comparable form. Based on this and on the needs requests of the Users, current requirements and future trends are derived which are made available to the Participants within the online services on the Platform.

(4) The Platform offers Participants and Users a database for online selection of WMS as well as validated reference projects. In addition, Participants can use the functional system comparison offered for their benchmarking and present their company and their systems to potential customers using profile pages on the Platform.

(5) The subject of these terms of use is the access and use of the Platform by the Guests. These terms of use do not cover any contractual relationships which may arise out of the communication between the Guests. Fraunhofer IML is neither a representative nor a contracting partner in relation to such communication.

§ 2

Use of the Platform

(1) When using the Platform, Guests can make use of various services and view various information, while visitors only have the possibility to view profile pages and, to a limited extent, reference projects.

  • WMS online selection - for Participants and Users

Participants in the WMS-database can access additional functions on the Platform. The Participants have the possibility, among other things, to present their WMS and/or reference projects as well as their company to Users and, to a limited extent, also to visitors, and to put information relevant to the company online.

The WMS online selection allows Participants and Users to obtain a functional overview and comparison of the WMS validated by Fraunhofer IML. Users can choose to use WMS online selection through the free Express or University Access or through the charge-based Premium Access. The scope of services and any costs which may arise are listed in the service description at http://www.warehouse-logistics.com/124/1/zugang-wms-online-auswahl.html.

  • WMS-database - for Participants

Participants in the WMS-database can access additional functions on the Platform. The Participants have the possibility, among other things, to present their WMS and/or reference projects as well as their company to Users and, to a limited extent, also to visitors, and to put information relevant to the company online.

  • News, publications, archive

Fraunhofer IML also provides useful information about WMS on the Platform. Participants can publish information and data connected to their WMS on the Platform.

(2) Participants can set up a profile and Users can set up a User-account once they have received their login data from Fraunhofer-IML or have had them confirmed. The login data consist of a user name and a password. Creating a User account is also only possible by providing the requested User-profile-data. Users and Participants ensure that the data provided are correct and complete. Users and Participants undertake to immediately change actual changes of the profile or User data in the User account or the profile as well. Fraunhofer IML is entitled, but not obliged, to check the login data and profile data.

(3) Users and Participants are not entitled to transfer the profile or User account to a third party without the express consent of Fraunhofer IML.

(4) Fraunhofer IML is entitled at any time to block or to delete access to individual contents, for example, if there is a suspicion that they violate applicable law or the rights of third parties.

(5) Fraunhofer IML is not obliged to publish the contents entered by a Participant. Fraunhofer IML is entitled to refuse to publish or to remove individual contents without giving reasons. It may inform the Participant of such a refusal, but it is not obliged to do so.

(6) Fraunhofer IML is at liberty to restrict access to the Platform fully or partially, temporarily or permanently as a result of maintenance work, capacity restraints and as a result of other events which are not within its power.

§ 3

Contract conclusion

A contract is concluded between the Participant and Fraunhofer IML when Fraunhofer IML expressly accepts in text form (in writing, but no signature required) the specific request in text form (in writing, but no signature required) of the Participant to participate in the WMS online database.

In detail, a contract is concluded between the Users and Fraunhofer IML in the following way:

  • Express Access: A contract is concluded when the fully completed online registration is sent by clicking the button “Send”.
  • Premium Access: After sending the fully completed online form by clicking the button “Send”, the User is receives a contract offer from Fraunhofer IML on the terms and conditions stated in the registration form. The User submits this offer by returning the completed and signed registration form by post or fax to Fraunhofer IML. The acceptance of the offer by Fraunhofer IML shall be effected by activating the User profile or by an express declaration of acceptance by email.

§ 4

Guests' duties of cooperation

(1) When using the Platform, the Users and Participants undertake to observe applicable law (e. g. criminal, competition and child-and-young-persons-protection (Jugendschutz) law) and not to violate any third party rights (e. g. rights to the use of a name, trademark rights, copyrights, personal rights and data protection rights). In the event that hyperlinks are included, Users and Participants guarantee that the websites which are linked (“landing page”) conform to applicable law and the rights of third parties within the meaning of sentence 1. The landing page must be available for the period when the link is active.

(2) The Guests undertake to only use the data and information from third parties obtained on the Platform for their own company purposes and not to exploit them commercially, e.g. to sell them or to use them on similar Platforms.

(3) Unless otherwise agreed between the User and Fraunhofer IML, the User grants Fraunhofer IML a revocable, non-exclusive right of use which is transferable to third parties and unrestricted by place, time and content, to the contents added. Fraunhofer IML is entitled to use, process and exploit the contents at any time. This includes, in particular, the right of reproduction, the right to distribute and the right to communicate to the public, in particular the right to make publicly available. The ability of the User to grant third party rights to the contents added remains unaffected by this provision.

(4) Users and Participants are obliged to treat the login data with care.

(5) Users and Participants are not permitted to provide unauthorised third parties with the login data and/or to allow unauthorised third parties to have access to the profile or User account by bypassing the login data.

(6) Users and Participants must refrain from all activity which could interfere with the operation of the Platform or the technical infrastructure underlying it and/or could burden it excessively. This includes, in particular:

  • use of software, scripts or databases in conjunction with the use of the Platform;
  • blocking, overwriting, modifying, copying data and/or other contents,

provided this is not required for the proper use of the Platform.

(7) If faults should arise in the use of the Platform or its functions, the User or Participant will immediately inform Fraunhofer IML about these faults.

§ 5

Liability

(1) Fraunhofer IML makes every effort to provide fault-free operation of the Platform. This is, naturally, restricted only to services over which it has influence. The Guest is aware that it is not technically feasible to achieve complete, continuous availability of the Platform.

(2) Unrestricted liability: Fraunhofer is liable for intention and gross negligence. Fraunhofer IML is liable in the case of simple negligence for damage arising from injury to life, to the body or to the health of persons.

(3) Limitation of liability: Fraunhofer IML is otherwise only liable in the case of simple negligence

  • if an essential obligation of the contract is violated, the fulfilment of which is necessary for the implementation of the contract and which the Guest can generally rely on being complied with (cardinal obligation), and
  • restricted in terms of value to the damage which was predictable and typical for the contract at the time the contract was concluded.

This limitation of liability also applies in favour of agents of Fraunhofer IML.

§ 6

Data protection

The data protection declaration of Fraunhofer IML available at http://www.warehouse-logistics.com/126/1/datenschutzerklaerung.html applies with regard to data protection.

§ 7

Duration of the contract/termination

(1) Unless otherwise specified, the contract between the Participant or User and Fraunhofer IML is initially concluded for a period of 12 months.

(2) Fraunhofer is entitled to terminate the contract for use of the Express Access immediately, at any time, without giving reasons.

(3) The right to extraordinary termination for good cause (§ 314 para. 1 BGB (Bürgerliches Gesetzbuch [German Civil Code]) remains unaffected. Good cause for termination of this contract exists for Fraunhofer IML if the Guest continues to violate its obligations in accordance with § 4 of this contract.

§ 8

Indemnification

(1) The Guest indemnifies Fraunhofer IML and its employees, commissaries and representatives from all claims by third parties arising from alleged or actual violations of laws and/or violations of third-party rights due to actions of the Guest in conjunction with the use of the Platform and/or due to the contents added by the Users or Participants.

(2) The Guest undertakes to reimburse all costs which arise for Fraunhofer IML as a result of claims by third parties. Repayable costs include the costs of reasonable legal action and legal defence which may arise for Fraunhofer IML in order to defend against claims by third parties. In this case, Fraunhofer IML will inform the affected Guest immediately about the legal defence measures to be taken.

§ 9

Final provisions

(1) If the contract includes invalid provisions, the validity of the remainder of the contract shall not be affected.

(2) The services are provided exclusively on the basis of these terms of use. The application of the general terms of business of a Guest which contradict these terms of use is hereby excluded.

(3) This contract shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods (CISG) shall not apply. Place of jurisdiction shall be Munich, Germany.

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