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marken mehrwert - brand added value AG (referred to in the following as MMW)
Terms and Conditions for the use of MMW Services

1 General, scope, definition of terms

1.1 TERMS OF USE

The contracting party under these terms of use and the website operator is marken mehrwert - brand added value AG, Schildkrötstraße 15 68163 Mannheim, registered in the commercial register of the Mannheim District Court HRB 704123, represented by the Board of Directors Frank Schwarz, VAT Identification Number: DE258032509, Tel. 0621 429 42 0, Email: info@mmw.ag (hereinafter referred to as “we” or “us”).

Please read these terms carefully before using the services of MMW. By creating a user account (see section 4), logging-in and using MMW’s services, you declare that you are in agreement with these terms. Upon registration, you will be asked to agree to the Terms of Use. The Terms of Use apply to any use of the MMW services, including future contracts, offers, services and deliveries by us.

We offer a wide range of MMW services. These terms of use may be supplemented, modified or replaced by other terms and conditions that apply specifically to the respective MMW services. If you use a MMW service, you are subject to the conditions that are applicable to the respective MMW Service (“Terms of Service”). If these terms of use contradict the respective terms of service, the terms of service shall have priority.

1.2 The general terms and conditions apply to all contracts for the provision of services, which MMW concludes in connection with the Internet services with companies, entrepreneurs, legal entities or natural persons. They also apply in particular to all users of the Internet platform, starting with the first access and log-on to the platform.

1.3 The terms and conditions apply exclusively. The validity of any terms and conditions of the user shall be contradicted. Any conditions of users or contractors shall also then not become the content of the contract if MMW does not contradict this separately or MMW provides deliveries or services without reservation or accepts payments without reservation.

1.4 We reserve the right to change or amend these terms and conditions at any time at our own discretion, e.g. to comply with a changed or new legal situation, newly offered MMW services or any loopholes, taking the interests of the user into account.

Changes to the terms and conditions will be communicated to contract partners in text form, identifying the amended provisions and shall be deemed agreed if the contracting party continues the contractual relationship without objecting in text form within a period of 4 weeks. Only after expiry of this deadline will the changes become effective. We shall point out the deadline when notifying these changes, as well as the consequences in the case of reticence or non-compliance with the deadline. For compliance with the deadline, the timely dispatch of the objection shall be relevant.

In the case of a contradiction of the contracting party, the valid terms and conditions for the affected contractual relationship shall remain valid until then. Your contractual rights of termination shall remain unaffected.

1.5 The present terms and conditions are supplemented by the guidelines in the privacy policy and the price list in their current versions, as well as the terms of service applicable to the MMW services.

1.6 These terms and conditions may be printed out by the user and stored on a durable medium.

2 DATA PROTECTION

Please also read our statements on our privacy policy and the use of cookies (link to privacy statement and our statement on cookies), which also apply to the use of all services of MMW.

3 ELECTRONIC COMMUNICATION

If you use an MMW service or send us emails, text messages or other communications from your computer or mobile device, you will communicate with us electronically or in text form. We will communicate with you electronically in a variety of ways, including via email, text messages, in-app push messages, or by publishing electronic messages or other communications on our website or other MMW services such as MMW chat. For contractual purposes, you agree to receive communications from us in writing and you agree that all approvals, notices, publications, and other communications that we communicate to you electronically, insofar as they do not require the written form, unless there is a mandatory legal requirement which necessitates a different form of communication.

4. YOUR USER ACCOUNT, CONTRACT

If you use an MMW service, you are responsible for maintaining the confidentiality of your account and password, and restricting access to your computer and mobile devices. You are encouraged to take all necessary and reasonable steps to ensure that your password is kept secret and securely stored. You are obliged to inform us immediately if you have a concern that a third party has gained knowledge of your password or has used the password without authorisation or is likely or you suspect this. If you culpably violate the above obligations, you will be liable for any activity that occurs through your account or password, but no later than the time when you reported abuse of your user account or password.

4.2 You are responsible for ensuring that your information to us is accurate and complete and that you notify us of any changes in the information you have provided. You can view and update the information you have given us, as well as personal information, your account settings in the My Account section of the website.

4.3 The user relationship (conclusion of contract) begins with the successful registration of the user and by our acceptance of the registration through the granting of an access authorisation and the activation of the personal profile (user account).

4.4 By completing the registration form, you are making a binding offer to conclude a contract to use services. For this purpose, all data fields of the registration form must be completed fully and correctly. Before sending the registration form, you will have the possibility to correct any input errors by clicking on the corresponding fields.

4.5 The contract between the user and us is realised with the acceptance of the request to open an account. Access to the application to open a user account will be processed by us immediately on electronic means and confirmed to the email address provided by the user. The confirmation of access does not constitute a binding acceptance of the application. However, the confirmation of access can be associated with the acceptance declaration. The declaration of acceptance can be made expressly or by activating the user account.

4.6 The contract text is not stored by us. We therefore recommend that you keep the declaration of acceptance in a safe place.

4.7 Contracts are concluded with you exclusively in German.

5 Operating hours and availability of the Internet platform, system failures

5.1 In principle, the Internet platform is continuously available to users from Monday to Sunday from 6:00 a.m. until 10:00 p.m. without interruption.

5.2 MMW uses considerable effort to ensure the maximum availability of its Internet platform:

The Internet servers are operated in a dedicated computer centre that is mandated with the monitoring and maintenance of the server.
All critical components in the field of server hardware are designed redundantly.
The software implements maximum independence of individual components or functions of online services.

System failures cannot be ruled out completely despite these measures. Interference in the area of the Internet and in the local access technology of the user are not our area of responsibility.

5.3 Classification of system failures

From the point of view of the business processes supported by the online platform, those functions that are used at the point of sale are particularly important. For this reason, a distinction is made between the following classes of system failures:

Reduced system availability: failure of non-POS functions A reduced system availability is the case if functions that are not used at the point of sale are no longer available; these include the functions for maintaining master data, managing users, and installation of interfaces. In the case of reduced system availability, the POS functions, in particular the registration of goods and the notification of sales services, are nevertheless still available.
Non-availability of the system: failure of all system functions Non-availability of the system is the case if all system functions have failed or the Internet address www.markenmehrwert.com is not available. MMW ensures the following system availability and/or maximum downtimes by using corresponding measures which are all state-of-the-art as well as by concluding service agreements with its suppliers:
Reduced system availability: Maximum 3% of the scheduled operating time, maximum downtime 18 hours
Non-availability of the system: maximum 1% of the scheduled operating time, maximum downtime 6 hours In the event of non-availability of the system, an offline process for registering goods and reporting sales performance is intended. Thus, the possibly associated efforts in the back office area are provided by MMW without incurring additional expense to users.

5.4 Scheduled maintenance

For the MMW services and our website there are planned and announced maintenance times when certain functions or the online system altogether are not available. This maintenance work, provided that it overlaps with the scheduled operating hours of online services, is announced at least three days in advance.

Maintenance outside operating hours does not require prior notice.

6 Obligations of the user

6.1 The user is obliged to use the services of MMW AG appropriately. In particular, he is obliged

to ensure that the network infrastructure or parts thereof are not overloaded by an excessive culpable, i.e. non-contractual use;
not to use the accessibility to the services of MMW abusively and refrain from unlawful acts;
to fulfil the legal regulations and regulatory requirements communicated to him and which are incumbent to him;
to ensure the granting of official permits in his area of responsibility, insofar as these should be required at the present time or in future for participation in MMW services of MMW AG;
to take into account the accepted principles of data security, in particular to keep passwords secret and/or to change them without delay, or make these changes if there is a suspicion that unauthorised third parties have become aware of them;
to notify MMW immediately in the case recognised defects or damage (fault report);
to take reasonable measures to facilitate the detection of defects or their causes, or to facilitate and speed up the elimination of the disturbance;
to reimburse expenses incurred by MMW following the submission of a malfunction report, if and to the extent that after the examination it became apparent that the fault was in the area of responsibility of the user.

6 .3 If the user culpably violates the stated obligations and the user does not cease the breach of duty despite a previous warning, MMW is entitled to terminate the contract without giving notice.

6 .4 The user has the self-responsibility for obtaining all permits and permissions necessary to receive the online service.

6.5 The user will only retrieve and accept such data and information which he is entitled to receive according to the agreements made. The user acknowledges to compensate MMW for the damage which MMW has incurred as a result of the user culpably accepting, processing or passing on data other than that intended for him.

6.6 Furthermore, the user is obliged to use the online services and the information contained therein only within his contract and for his own purposes. The user agrees not to use the online service for unlawful purposes or to allow a use for it.

7 Warranty

7.1 MMW will do everything to ensure the accuracy and reliability of the online service.

7.2 In particular, MMW will do everything to ensure that the commissioned employees and other vicarious agents observe the anonymity of the user vis-à-vis third parties. Third parties in this sense are not the bodies from which the user obtains information and/or to which he forwards information. MMW will forward all information required under the MMW Service according to the contract. The user will ensure that he obtains any legal declarations concerning data privacy necessary from his contractual partners, vicarious agents or customers/end user.

7.3 The services of MMW serve the exchange of information between manufacturers and their trading partners and end users.

The information exchanged via the services of MMW is subject to extensive and careful checks. Problems with the quality of the data will be communicated promptly and comprehensively to the participants of the online service, if applicable.

In addition to these measures, MMW does not accept any warranty that the information contained in the online service is accurate, complete and comprehensive.

8 Modification of services offered

MMW reserves the right to expand, modify and make improvements at its own discretion, taking into account the interests of the user. MMW is furthermore entitled to reduce the services to a reasonable extent.

9 Liability

9.1 MMW bears no liability for information being complete, correct, up-to-date and free of third-party rights, which is introduced by users of the portal into the portal.

9.2 MMW is not liable for any damage caused by information from the user being viewed via technical transmission channels, which are usually provided by the Internet provider and Deutsche Telekom AG.

9.3 Unless otherwise agreed in the following, under no circumstances shall MMW be liable for damages other than those due to gross negligence or intent. In particular, MMW shall only be liable in cases of intent or gross negligence for damages arising from system failures of the Internet platform.

9.4 However, the above exclusions of liability do not apply to liability for injury to life, body and health. Furthermore, they do not apply insofar as the damage is based on the violation of a cardinal or essential contractual obligation or the breach of a guarantee. The liability of MMW according to the Product Liability Act or other mandatory legal provisions shall remain unaffected.

9.5 MMW's liability to pay compensation shall be limited to foreseeable damages in the event of a breach of a cardinal or essential contractual obligation.

9.6 The foregoing exclusions or limitations of liability also apply with regard to the liability of employees, workers, members of staff, representatives and vicarious agents of the operator, in particular in favour of the shareholders, employees, representatives, bodies and their members regarding their personal liability.

9.7 In the event of force majeure and unforeseeable events such as fire, strike, lockouts and other unforeseeable circumstances which are beyond the control of MMW, making it necessary to restrict or discontinue the service of MMW AG, MMW is released from the obligation to perform for the duration of the restriction or suspension of the service. Force majeure also applies if MMW AG must limit or completely cease its services as a consequence of a computer virus in the system (i) even though we have undertaken adequate protection measures against the intrusion of computer viruses, or (ii) a protection against the specific virus was not possible on reasonable terms.

9.8 Under no circumstances shall MMW be made liable for any losses suffered by the user due to incomplete or incorrect information provided by the MMW services of MMW AG.

This exclusion of liability does not include cases in which missing or incorrect information should have been or should be introduced by MMW itself, as well as cases of intent or gross negligence.

9.9 The user is liable for all consequences and disadvantages caused by MMW and third parties as a result of gross negligence or intentional misuse or unlawful use of the MMW services by the user, or which arise from the user's gross negligence or wilful default of his other obligations.

10 Term and termination

10.1 The user contract is concluded for an unlimited period of time. A different duration may apply for individual MMW services, which can be taken from the respective Terms of Service, accordingly.

10.2 The right of both parties to terminate the contract at any time for an important reason shall remain unaffected. An important reason on the part of MMW shall be in particular but not exclusively in the case of a culpable violation of the obligations according to section 6, which the user does not cease doing despite a previous warning.

11 Jurisdiction

The place of jurisdiction for all concluded contracts with MMW is Mannheim, provided the user is a merchant, a legal entity under public law or represent a special fund under public law.

12 Final provisions

12.1 Changes and additions to the regulations set out in our terms and conditions must be made in writing. This also applies to cancellation of the requirement to use the written form.

12.2 Neither party may assign the rights to third parties under this contract without the prior consent of the other party.

12.3 German law shall apply at all times, excluding the UN sales law.

12.4 If any provision of this contract be invalid or unenforceable, this shall not affect the validity of the other remaining provisions of the contract. Insofar as the user is a merchant, a legal entity under public law or represent a special fund under public law, the parties will replace the invalid or unenforceable provision by a provision that comes closest to the economic content of the invalid or unenforceable provision.

Created by MMW AG

Stand Dezember 2016

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