1.1 These Terms of Use apply to the online offering of the Fraunhofer Institute for Material Flow and Logistics IML (“Fraunhofer IML”) at www.warehouse-logistics.com .
1.2 The following definitions apply in these Terms of Use: “Platform” refers to the online presence in accordance with Section 1.1 of these Terms of Use.
1.3 Fraunhofer IML monitors and analyzes market requirements for Logistics IT systems and compares them with the participants’ service portfolios. Fraunhofer IML validates the participants’ Logistics IT systems and makes the results available in a comparable format. Based on this and on user requests, current needs and future trends are identified and made available to participants via the platform’s online services.
1.4 The platform offers participants and users a database for the online selection of Logistics IT systems and validated reference projects. Participants can also use the functional system comparison tool provided for their benchmarking and present their company and systems to potential customers via profile pages on the platform.
1.5 These Terms and Conditions govern guests’ access to and use of the platform. They do not cover any contractual relationships that may arise from communication between guests. Fraunhofer IML acts neither as an agent nor as a contracting party with respect to such communication.
2.1 When using the platform, guests can access various services and retrieve various types of information.
Visitors can only view profile pages and a limited selection of reference projects.
The Logistics IT Online Selection provides participants and users with a functional overview and comparison of the Logistics IT systems validated by Fraunhofer IML.
Users may access the Logistics IT Online Selection either through the free Basic Access or the paid Premium Access. The respective scope of services and associated costs are detailed in the service description at https://www.warehouse-logistics.com/en/services/logistics-it-selection#kosten .
Participants in the Logistics IT Database have access to additional features on the platform. Among other things, participants can present their Logistics IT system(s) and/or reference projects, as well as their company, to users and, to a limited extent, to visitors, and publish company-related information online.
Fraunhofer IML also provides information on the platform about topics of interest related to Logistics IT. These insights and news are available to all visitors. Participants have the opportunity to publish information and data related to their Logistics IT systems on the platform.
2.2 Fraunhofer IML will create a profile for participants. For users with Basic Access, a user account will be created once the registration process is complete. Users with Premium Access will initially receive Basic Access. Once the contract is concluded, Fraunhofer IML will upgrade the user account to Premium Access. The login credentials consist of a username (email address) and a password. Users and participants warrant that the information provided is accurate and complete. Users and participants agree to promptly update any actual changes to their profile or user information in their user account or profile. Fraunhofer IML is entitled, but not obligated, to verify the login credentials and profile information.
2.3 Users and participants are not authorized to transfer their profile or user account to a third party without the express consent of Fraunhofer IML.
2.4 Fraunhofer IML is entitled at any time to block access to or delete individual pieces of content, e.g., if there is suspicion that they violate applicable law or the rights of third parties.
2.5 Fraunhofer IML is not obligated to publish content posted by a participant. Fraunhofer IML may refuse to publish or may remove individual pieces of content without providing a reason. It may inform the participant of such a refusal, but is under no obligation to do so.
2.6 Fraunhofer IML is entitled to restrict access to the platform, in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, or other events beyond its control.
A contract between a participant and Fraunhofer IML is concluded when Fraunhofer IML expressly accepts, in writing, the participant’s separate written application to participate in the Logistics IT Database.
A contract between users and Fraunhofer IML is concluded as follows:
Basic Access: The contract is concluded upon confirmation of the request via email, which the user receives after submitting the fully completed online registration form.
Premium Access: After submitting the fully completed online form, Fraunhofer IML will present the user with a contract offer under the terms specified in the registration form. The user accepts this offer by returning the completed and signed registration form to Fraunhofer IML via email. Fraunhofer IML’s acceptance of the offer takes effect upon activation of the user’s account as Premium Access or upon receipt of an explicit declaration of acceptance via email.
4.1 Users and participants agree to comply with applicable law (e.g., criminal law, competition law, and laws protecting minors) when using the platform and not to infringe upon the rights of third parties (e.g., rights to a name, trademark rights, copyrights, personality rights, and data protection rights). In the event that hyperlinks are provided, users and participants warrant that the website to which the link refers complies with applicable law and the rights of third parties as defined in the first sentence. The website or landing page must remain accessible for as long as the link is active.
4.2 Guests agree to use the data and information obtained from third parties on the platform solely for their own business purposes and not to exploit it commercially, such as by selling it or using it on comparable platforms.
4.3 Unless otherwise agreed between the user and Fraunhofer IML, the user grants Fraunhofer IML a revocable, transferable to third parties, non-exclusive right to use the posted content, without any restrictions as to location, time, or content. Fraunhofer IML is entitled at any time to use, edit, and exploit the content. This includes, in particular, the right of reproduction, the right of distribution, and the right of public performance, specifically the right to make the content publicly available. This provision does not affect the user’s ability to grant rights to third parties with respect to the uploaded content.
4.4 Users and participants are obligated to handle their login credentials with care.
4.5 Users and participants are not permitted to disclose their login credentials to unauthorized third parties and/or to allow unauthorized third parties access to their profile or user account by circumventing the login credentials.
4.6 Users and participants must refrain from any activity that is likely to impair the operation of the platform or the underlying technical infrastructure and/or place an excessive burden on it. This includes, in particular: the use of software, scripts, or databases in connection with the use of the platform; and the blocking, overwriting, modifying, or copying of data and/or other content, unless this is necessary for the proper use of the portal.
4.7 Should any disruptions occur during the use of the platform or its features, the user or participant shall immediately notify Fraunhofer IML of such disruption.
5.1 Fraunhofer IML endeavors to ensure the platform operates without disruption. By its very nature, this is limited to services over which it has control. Guests acknowledge that complete, uninterrupted availability of the platform is not technically feasible.
5.2 Unlimited Liability: Fraunhofer IML bears unlimited liability for willful misconduct and in accordance with the Product Liability Act. Fraunhofer bears unlimited liability for negligence in cases of injury to life, limb, or health.
5.3 In all other respects, the following limited liability applies: Liability for negligence is limited in amount to the damages foreseeable at the time the contract was concluded and whose occurrence must typically be expected. In cases of slight negligence, Fraunhofer IML shall furthermore be liable only in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the client may regularly rely (cardinal obligation). This limitation of liability also applies in favor of the legal representatives and vicarious agents of Fraunhofer IML.
The Fraunhofer IML’s data protection policy, available at https://www.iml.fraunhofer.de/en/data_protection.html , applies.
7.1 Unless otherwise specified, the agreement between the participant or user and Fraunhofer IML is entered into for a period of 12 months. For users, the term begins upon activation of Basic or Premium access.
7.2 Fraunhofer IML reserves the right to terminate the agreement regarding the use of Basic access at any time, without providing reasons, and with immediate effect.
7.3 The right to terminate the contract for good cause (§ 314(1) BGB) remains unaffected. For Fraunhofer IML, good cause for terminating this contract exists if the user persistently breaches his or her obligations under Section 4 of this contract.
8.1 The Guest shall indemnify Fraunhofer IML and its employees or agents against any and all claims by third parties arising from alleged or actual legal violations and/or infringements of third-party rights resulting from actions taken by the Guest in connection with the use of the platform and/or content entered by the user or participant.
8.2 The Guest agrees to reimburse Fraunhofer IML for any costs incurred as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal action and defense incurred by Fraunhofer IML in defending against third-party claims. In such cases, Fraunhofer IML shall immediately inform the affected guest of the legal defense measures to be taken.
9.1 Should the contract contain any invalid provisions, the validity of the remainder of the contract shall remain unaffected.
9.2 Services are provided exclusively on the basis of these Terms of Use and the agreements concluded regarding participation and Premium access. The inclusion of any guest’s general terms and conditions that conflict with these Terms of Use is hereby rejected.
9.3 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Munich, Germany.