1. Area of Application
1.1 Use of these web pages (hereinafter referred to as “TALIS website”), made available by TALIS Management Holding GmbH, Heidenheim, and/or its subsidiaries (“TALIS Group” or “TALIS”), shall only be permitted based on these terms and conditions. These general terms and conditions of use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and/or services, on an individual basis. By logging in, or if a separate log-in is not required, by commencing use, the user shall accept the validity of these terms and conditions in their corresponding version.
1.2 If, when using the TALIS website, the user acts as or on behalf of a company, i.e. in fulfilment of a trade or independent professional activity, or for a public body, Section 312e (1), sentence 1, nos. 1-3 of the German Civil Code shall not apply.
1.3 In the case of web offers addressed to companies or public bodies, the company or body in question shall be represented by the user and must accept responsibility for the latter’s actions and knowledge.
2.1 TALIS shall make available particular information for retrieval or download on the TALIS website.
2.2 TALIS shall be entitled to cease operation of the TALIS website wholly or partly at any time. Due to the nature of the Internet and computer systems, TALIS shall accept no responsibility for the uninterrupted availability of the TALIS website.
3. Registration, Password
3.1 Some pages of the TALIS website may be password-protected. In the interests of the security of business transactions, only registered users shall be able to access these pages. The user shall enjoy no automatic right to registration by TALIS . TALIS shall especially reserve the right to make web pages that have previously been freely accessible subject to an obligation to register. TALIS shall be entitled to revoke the access authorization at any time by blocking the access data with no need to state its reasons, particularly if the user has made false statements for the purpose of registration, has contravened these terms and conditions or his duty of care when handling the access data, has violated applicable law when accessing or using the TALIS website or has not made use of the TALIS website over an extended period of time.
3.2 Where registration is required, the user shall be obliged to make accurate statements and to notify TALIS of any subsequent change to these statements without undue delay (where possible, online). The user shall ensure that he receives the e-mails sent to the e-mail address that he has specified.
3.3 Once registration has been completed, the user shall receive a user name and a password (hereinafter referred to as “user data”). On first access, the user shall change the password received from TALIS to a password known only to him. The user data shall enable the user to view or change his data or to revoke or extend his consent to data processing, as applicable.
3.4 The user shall ensure that the user data does not become accessible to third parties and shall be liable for all orders and other activities carried out under the user data. At the end of each session, the user shall exit the password-protected area. If the user becomes aware that third parties are misusing the user data, he shall be obliged to notify TALIS promptly in writing; where applicable, advance notification should be given by e-mail.
3.5 Once TALIS has received the notification under 3.4, it shall block access to the password-protected area using these user data. The block may only be lifted after TALIS has received a separate application to this effect from the user or after renewed registration.
3.6 The user may request cancellation of his registration in writing at any time if such cancellation does not preclude the execution of ongoing contractual relationships. In this case, TALIS shall delete all user data and all other stored data of a personal nature belonging to the user as soon as this data is no longer required.
4. Rights to Use Information
4.1 Use of the information made available on the TALIS website shall be subject to these terms and conditions, or where information, software or documentation is updated, to the relevant licence terms previously agreed with TALIS. Separately agreed licence terms shall take precedence over these terms and conditions.
4.2 TALIS shall grant the user a non-exclusive and non-transferable licence to use the information made available on the TALIS website to the extent agreed or, in the absence of such agreement, to the extent that such use complies with the purpose pursued by TALIS when making said information available.
4.3 All texts, photographs and graphics displayed on the TALIS website, as well as their arrangement, shall be governed by copyright and other laws for the protection of intellectual property. They may not be copied for commercial purposes or for distribution, or modified and used on other Internet pages. Some Internet pages also contain images, which shall be subject to the copyright law of those parties that have made them available.
5. Intellectual Property
5.1 Notwithstanding the special provisions under Item 4 of these terms and conditions of use, information, brand names and other content of the TALIS website may not be changed, copied, reproduced, sold, rented, used, amended or exploited in any other way without the prior written permission of TALIS.
5.2 Over and above the rights of use or other rights expressly granted herein, the user shall be granted no further rights of any kind, particularly in respect of the company name and industrial property rights, such as patents, utility patterns or brands, nor shall TALIS be subject to any corresponding obligation to grant such rights.
5.3 If the user posts ideas and suggestions on the TALIS websites, TALIS may use such free of charge for development, improvement and distribution of products from its portfolio.
6. Duties of the User
6.1 When using the TALIS website, the user may not
inflict harm on other persons, particularly minors, or infringe their data protection rights;
violate public morals with his behaviour;
infringe industrial property rights and copyright, or other proprietary rights;
transmit content containing viruses, so-called Trojan horses or other programmed elements that might damage software;
enter, store or send hyperlinks or content for which he has no authorization, particularly if said hyperlinks or content are in breach of confidentiality obligations or unlawful; or
disseminate advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and the like, or exhort others to participate in lotteries, snowball systems, chain letter, pyramid game or similar activities.
6.2 TALIS shall be allowed to deny access to the TALIS website at any time, particularly if the user breaches obligations arising from these terms and conditions.
The TALIS website may contain hyperlinks to web pages of third parties. TALIS shall accept no responsibility for the content of these web pages, nor shall TALIS embrace these web pages and their content as its own, as TALIS has no control over the linked information and is also not responsible for the content and information stored there. The use of such web pages shall be at the user’s own risk.
8. Liability for Defects in Title and Quality
8.1 If information is made available free of charge, liability for any defects in the information in terms of quality and title, particularly in respect of correctness, absence of error, freedom from third-party industrial property rights and copyright, completeness and/or fitness for purpose shall be excluded except in the case of wilful intent or deceit.
8.2 The information on the TALIS website may contain specifications or general descriptions of the technical possibilities of products, which may not be available in individual cases (e.g. owing to product modifications). The desired product performance features must therefore be agreed on an individual basis at the time of purchase.
9. Other Liability, Viruses
9.1 The liability of TALIS in respect of defects in quality and title shall be determined in accordance with the provisions in Item 8 of these terms and conditions of use. Any further liability of TALIS shall be excluded except where liability is mandatory, e.g. pursuant to the Produkthaftungsgesetz (Product Liability Act), or in cases of wilful intent, gross negligence, injury to life, limb or health, owing to assumption of a warranty of quality, owing to deceitful concealment of a defect or breach of material contractual obligations. The damages in the case of breach of material contractual obligations shall, however, be limited to damages that are usually foreseeable at the time of concluding the contract, providing there is no wilful intent or gross negligence.
9.2 Although TALIS makes every endeavour to keep the TALIS website free from viruses, TALIS shall not warrant that said website is virus-free. Before downloading information, the user shall, for his own protection and for the purposes of preventing viruses on the TALIS website, make sure that he uses appropriate security devices and virus scanners.
9.3 The aforementioned provisions in Items 9.1 and 9.2 shall not entail any changes in the burden of proof to the user’s disadvantage.
10. Export Controls
10.1 The export of certain information may, due, say, to its nature or intended use or final destination, be subject to authorization. The user shall strictly comply with the export regulations relevant to the information, particularly those of the EU/ EU member states and the USA. TALIS shall label information, software and documentation in respect of the obligation to secure authorization in accordance with German and EU export control lists and the U.S. Commerce Control List.
10.2 The user shall, in particular, check and ensure that
the information, software and documentation provided are not intended for any purpose related to armaments, nuclear technology or weapons;
no companies or persons listed in the U.S. Denied Persons List (DPL) are being supplied commodities, software or technology of U.S. origin;
no companies or persons listed in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated Nationals List are being supplied products of U.S. origin without a licence;
no companies or persons named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or the EU Terrorists List are being supplied;
no military consignees are being supplied;
the early warning instructions of the responsible German authorities are observed.
Information on the TALIS website may only be accessed if such complies with the aforementioned checks and guarantees; if this is not the case, TALIS shall be under no obligation to perform.
10.3 TALIS shall, on request, inform the user of the relevant contact points for further information.
11. Data Protection
When collecting, using and processing personal data relating to a user of the TALIS website, TALIS shall comply with the applicable data protection regulations.
12. Collateral Agreements, Place of Jurisdiction, Applicable Law
12.1 Collateral agreements shall require the written form.
12.2 The place of jurisdiction shall be Heidenheim if the user is a trader as specified in the German Commercial Law.
12.3 TALIS and/or its subsidiaries shall operate, and be responsible for, the individual pages of the TALIS website. The pages shall take into account the requirements of the particular country in which the responsible company has its headquarters. TALIS shall accept no responsibility for the permissibility of the retrieval or download of information from the TALIS website to locations outside the country in question. If users access the TALIS website from locations outside the country in question, they themselves shall be solely responsible for complying with all applicable local laws. Access to information on the TALIS website from countries in which such access is unlawful shall be prohibited. In this case, and if the user wishes to have a business relationship with TALIS, the user should contact TALIS representatives in that particular country.
12.4 German law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.