1. Area of application, purpose, access
1.3 The registration of a User is carried out by Jungheinrich. Jungheinrich appoints an administrator for the User who is the contact person for Jungheinrich and has the option to authorize additional employees of the User to use the Portal. The administrator may only create login data for employees of the User. The administrator may only create login data for employees of the User.
1.4 The User gains access to the services offered by the Portal by entering their login data. The login data is personal and may not be disclosed to third parties. The User shall oblige their employees to maintain confidentiality.
1.5 The User shall inform Jungheinrich immediately if a) their access data is used without authorization or if it there is evidence that a third party has become aware of the access data and b) when employees with access authorization leave the User's company or for other reasons are no longer authorized to use the system.
1.6 The access of a User to the Portal must be deleted immediately when the employee leaves the company of the User's company or for other reasons is no longer authorized to use the Portal.
2. Scope of service, blocking
2.1 The Portal enables the User to direct an enquiry or order to the Contractor. The User may compose their order independently by forming carts within the Portal. The Portal also provides the opportunity to browse the Jungheinrich spare parts catalogues.
2.2 By using the Portal, the User agrees that its data shall be transmitted via email or interface to the Contractor, accompanied by any other added content.
2.5 Jungheinrich shall not require the payment of a fee for the use of the Portal. However, the partner shall bear any costs it incurs for the use of the Portal such as their own Internet access or the appropriate hardware and software.
2.6 Jungheinrich shall be entitled to adjust the operation of the Portal, either wholly or in part, at any time. Jungheinrich shall also be entitled to make changes or improvements to the Portal at any time.
2.7 System maintenance shall be undertaken on the Portal at irregular intervals. Users shall be informed about maintenance and any restrictions on use in good time.
3. Copyright, granting rights of use
3.1 The following copyright notice applies to all content and works of the Portal: © Jungheinrich Aktiengesellschaft, Hamburg (Deutschland) 2016. All rights reserved. Text, images, graphics, sounds, animations and videos and their layout in the Portal are protected by copyright and other protective legislation.
3.2 All identification and logos depicted in the Portal are legally protected trademarks and may not be published or used in any other way without the prior consent of Jungheinrich AG or its licensors. All other trademarks and brand names named within the Portal and, if applicable, protected by third parties are subject without restriction to the respectively applicable labelling law and the ownership rights of each registered owner. Simply naming them expressly shall not indicate that such brands or trade marks are not protected by third party rights.
3.3 The intellectual property contained in the Portal and the associated existing intellectual property rights or registrations such as patents, utility models, designs and copyrights are protected.
3.5 The User shall grant Jungheinrich or the Contractor all the necessary rights of use for the content transmitted by it to the extent necessary for the fulfilment of the request. This shall apply in particular for the onward transfer of queries and orders to the relevant after sales service.
4. Obligations of the user
When using the Portal, the User may not
- behave contrary to accepted principles of morality;
- infringe industrial property rights and copyright or other ownership rights, in particular it may not add any content to its queries and orders which violates the rights of third parties;
- attach content to its queries and orders which contains viruses, so-called Trojan horses or other programs which may damage software;
- transmit, store or upload hyperlinks or content to which the User is not entitled, in particular in cases where such hyperlinks or content are in breach of confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited e-mails (known as 'spam') or false alerts about viruses, malfunctions and similar or invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions.
Unless otherwise specified in separate agreements, the User shall treat the information obtained via the Portal in the strictest confidence and shall not disclose it to third parties. It shall oblige its
employees to maintain the same confidentiality.
6. Warranty, other liability of Jungheinrich
6.1 Insofar as Jungheinrich supplies the Portal free of charge, Jungheinrich shall be liable with respect to defects in quality and title of the Portal only for intent and gross negligence, where the liability of Jungheinrich for damages is limited in this respect to intent or bad faith.
6.2 In addition, any liability of Jungheinrich – including for consequential damages – shall be excluded insofar as Jungheinrich is not liable as per the German Product Liability Act, due to intent, gross negligence, the endangerment of life, body or health, due to acceptance of a quality warranty, due to fraudulent nondisclosure of a defect or due to breach of essential contractual obligations. 'Essential contractual obligations' are those obligations, the fulfilment of which facilitates the proper execution of the contract and on which the customer regularly trusts and may trust. Damages for breach of essential contractual obligations are however limited to foreseeable damage typical to the contract, insofar as there is no intent or gross negligence.
7. Data protection
8. Technical access requirements
The User shall undertake to create the conditions required in order to be able to use the Portal. In order to ensure the proper functioning of the Portal, the User must have compatible devices and the required software. It is recommended that the most up-to-date version of the required software be used. Regular updating of the devices may also be necessary. Internet access is also required to use the Portal.
9. Termination of the contract
9.1 The User and Jungheinrich may terminate the contractual relationship in writing at any time without notice.
9.2 Jungheinrich reserves the right to discontinue the Portal at any time and to terminate the user agreements. The same shall apply in the event that the Portal is replaced by another Portal. Should this be the case, the User shall have the right to terminate the relationship as per section 9.1.
11. Notifications and declarations
A purchase agreement in accordance with the terms agreed separately between the Contractor and the User comes about when the User places an order via the Portal and the Contractor electronically confirms this order.
12. Export controls
The goods and services (contract fulfilment) are subject to the proviso that the fulfilment is not prevented by any impediments arising out of national or international regulations, in particular export control regulations as well as embargoes or other restrictions. The parties to the contract shall undertake to provide all the information and documents required for the export/transport/import. Delays due to export inspections or approval procedures shall suspend deadlines and delivery times. Should the required approvals not be granted, the contract shall not be concluded with respect to the affected parts; claims for damages shall be excluded in this respect and because of the aforementioned deadline overruns.
13. Law, jurisdiction
13.2 The place of jurisdiction is Hamburg.
13.3 Supplementary agreements must be made in writing.
Issue: May 2020