Extranet Terms of Use Date of issue: September 2019

§ 1 Scope

  1. The extranet portal at www.lenord.de/service/extranet is a data portal of Lenord, Bauer & Co. GmbH, represented by its managing directors Dr. Matthias Lenord and Paul Markus Bresser, Dohlenstraße 32, 46145 Oberhausen, e-mail: info@lenord.de, phone: +49 208 9963-0.
  2. These Terms of Use apply between Lenord, Bauer & Co. GmbH (hereinafter Provider) and the respective registered user (hereinafter User) of the extranet portal at www.lenord.de/service/extranet (hereinafter PORTAL). Only entrepreneurs within the meaning of section 14 of the German Civil Code (BGB) can use the PORTAL. According to section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.
  3. These Terms of Use contain the conditions applicable between the Provider and the User for the services offered by the Provider via the PORTAL. Provisions deviating from these Terms of Use will only apply if they were individually agreed between the Provider and the User. In registering pursuant to section 4 of these Terms of Use, the User acknowledges these Terms of Use as prevailing and expressly agreed.
  4. The Provider has the right to amend or vary these Terms of Use at any time. The Provider will notify the User of changes to these Terms of Use in text form to the e-mail address given when registering. If the User does not consent to the changed Terms of Use within one month of receipt of the notification, they may be excluded from further use of the PORTAL after the month expires.
  5. Information on the processing of personal data is provided in the separate Privacy Statement.

§ 2 Service performed by the Provider

  1. The PORTAL is a closed, free-to-use, internet-based data portal of the Provider. This PORTAL is used to make information and functions available to the Provider’s customers and sales partners in the form of documents, literature, materials and data, as well as other interactive applications.
  2. The Provider has the permanent and unrestricted right to suspend and/or remove and/or change permanently or temporarily at any time information and existing functions of the PORTAL, individual services in their entirety, or parts thereof, and/or to add new services and/or to set up further user groups with extended or limited accesses.

§ 3 User environment

  1. Use of the PORTAL requires the User to access the internet (world wide web). The User must meet and satisfy this requirement at their own expense. Connection charges are the responsibility of the User.
  2. If individual functions require the installation of software, plug-ins or browser extensions, (e.g. Java, Flash, SSL or file extensions), the User must install these. Should additional standard programs (e.g. readers for documents in *.pdf or *.xls format) be required in order to read the information, the User must provide these for the duration of use and update them accordingly.

§ 4 Registration

  1. Users can only make use of the PORTAL if they have made a personal registration request and this request has been approved by the Provider. Requests to register are made using the website www.lenord.de/extranet. Automated registration is not permitted.
  2. To register on the PORTAL, the User must complete the registration form on the web page www.lenord.de/extranet in full. The information the User is required to provide for registration are their forename and surname, the name of their company, their address (street, house number, postcode, town), their e-mail address and telephone number, their contact at Lenord + Bauer and the name of the project or the purpose. It is not absolutely essential for Users to indicate their customer number at the Provider, but this can be done voluntarily. The User must then grant the following consents on the registration form:
    1.  I would like to register to use the data portal in future. Please include and store the details I have provided in your portal database (show Privacy Statement)
    2.  I have noted and understood the Terms of Use of the extranet data portal and agree to their application. I expressly accept the Terms of Use.
    3.  I agree to allow the details I provided in the registration process to be compared with the list in Annex I of Council Regulation (EU) No 753/2011 current at the time of entry and, if the details I have provided are on this list, to allow them to be passed on to the competent state bodies.
    4.  I have noted and understood the Privacy Statement.

    If the User does not give these consents, they will not be able to register for the PORTAL. To send the registration request to the Provider, the User must click on the “Send” button. Until the User has clicked on the “Send” button, they can correct inputting errors at any time by clicking on the individual items of the registration form and using the usual key combinations. It is not possible to make any corrections once the User has clicked on “Send”. The registration request will then be sent to the Provider along with the details provided in it. If the registration request has been sent properly, the Provider will review the potential User's request. The Provider will consider whether a User who has completed the registration process properly is authorised to use the PORTAL. The Provider will in particular determine whether a User is on the then current list in Annex I of Council Regulation (EU) No 753/2011. If this is the case, authorisation for the PORTAL will be refused. An applicant who has completed the registration process properly and is not on the then current list in Annex I of Council Regulation (EU) No 753/2011 does not have any right to be authorised to use the PORTAL. If an applicant is authorised by the Provider to use the PORTAL, the Provider will create an account for the User. Once the Provider has created the account, the Provider’s service provider (Werbeagentur netzpepper, proprietor: Michael Tielke e. K., Wernsdorfer Str. 1, 59955 Winterberg) will send the User an e-mail with access details (user name and password) for the PORTAL. The e-mail with the access details will be sent to the e-mail address given by the User when registering. Only then is the contract on use of the PORTAL established. After entering their user name and password, an authorised User can then use the PORTAL and its functions within the scope of their user rights. Users do not have any right to be given access to, or to register for, the PORTAL. Once rejected and/or excluded, a User cannot apply for the PORTAL again.
  3. Users are obliged to disclose all future changes to the supplied details and information to the Provider without undue delay. If they do not, the Provider will have the right to withdraw their permission to use the PORTAL with immediate effect.

§ 5 Duties of the User when using the PORTAL

  1. The Provider gives the registered User the non-transferable, non-exclusive and time-limited right to use the PORTAL solely for their own internal purposes and in accordance with these Terms of Use. The period of time in which the PORTAL can be used will be determined by the Provider.
  2. Users shall use the services of the PORTAL in accordance with the Terms of Use and the respective applicable statutory regulations. Users have sole responsibility for ensuring they comply with the statutory regulations associated with their activity on the PORTAL.
  3. All access details for the PORTAL are individualised and may only be used by the respectively authorised User. Users shall keep their log-in user name and password secret and shall protect them from unauthorised access by third parties. Users are also responsible for the confidentiality of the log-in user name. If a User suspects misuse by a third party, they shall inform the Provider of this without undue delay. The Provider will block an account as soon as it becomes aware that the account is being used without authorisation. In this case the Provider reserves the right to change the log-in user name and password of a User. In any such case the Provider will inform the User of this without undue delay by e-mail to the e-mail address given when registering.
  4. Users shall notify the Provider immediately of any technical modifications occurring within their sphere of influence if these are capable of impairing the performance of the service or the security of the PORTAL.
  5. sers shall close their account properly after every use of the PORTAL.
  6. Users shall cooperate in the clarification of attacks by third parties on the PORTAL if such cooperation by the Users is necessary.
  7. The User undertakes to refrain from any measure that could endanger or disrupt the functionality of the PORTAL. They must further ensure that their electronic data transmitted via the PORTAL are not infected by viruses, worms, trojans, malware, etc..
  8. Users of the PORTAL have the option of uploading data, information, illustrations, plans, drawings, calculations, instructions, product descriptions and other documents onto the PORTAL for exchange with the Provider. The Provider will expressly not appropriate content/data that Users upload onto the PORTAL. Users do not have the right to use the PORTAL in order to direct offers and enquiries to the Provider. No business will be transacted using the PORTAL.
  9. The User guarantees the Provider that they are entitled, and have all the necessary rights and permissions, to place on the PORTAL the data, information, illustrations, plans, drawings, calculations, instructions, product descriptions and other documents that they place there.
  10. Users are prohibited from placing on the PORTAL any content (e.g. through links or frames) that violates statutory provisions, official instructions or accepted principles of morality. Users are further prohibited from placing any content that breaches rights, in particular third-party copyrights or brand rights.
  11. Users shall indemnify the Provider against all claims that third parties bring against the Provider on account of an infringement of their rights or on account of breaches of law on the basis of the data and/or content placed by the User. The User shall in this regard also assume the costs of the legal defence of the Provider, including all legal and court costs.
  12. The User undertakes to make good all losses suffered by the Provider as a result of the culpable failure to comply with the duties set out under section 5 of the Terms of Use.

§ 6 Right and obligations of the User when using the Provider’s documents

  1. With regard to the nature, scope and use of the retrievable information provided by the Provider, Users do not have any legal entitlement in respect of particular information or functions.
  2. The Provider reserves all rights to data, information, illustrations, plans, drawings, calculations, instructions, product descriptions and other documents of the Provider that are made available for the purposes of use of the PORTAL, in particular copyrights, licensing rights and ownership rights.
  3. Users are given only a simple right, limited in time, territory and content, to use the documents of the Provider as set out in section 6 paragraph 2 of these Terms of Use. Users may use the data, information, illustrations, plans, drawings, calculations, instructions, product descriptions and other documents, data and information of the Provider solely for the contractual services and purposes defined by the Provider and within the time and territorial scope contractually defined by the Provider. They must, at the option of the Provider, be either returned to the Provider or destroyed on the completion and/or termination of the contract and/or the end of the defined period in which the User is authorised to use the PORTAL.
  4. The documents of the Provider must be kept confidential vis-à-vis third parties, even after the contract has come to an end. The duty of confidentiality shall not expire until and insofar as the knowledge contained in the transferred documents has entered the public domain.
  5. Unless the Provider has expressly granted the User such rights, the User does not have the following rights to the data, information, illustrations, plans, drawings, calculations, instructions, product descriptions and other documents of the Provider:
    a) the right of reproduction within the meaning of section 16 of the German Copyright Act (UrhG);
    b) the right of distribution within the meaning of section 17 UrhG;
    c) the right of exhibition within the meaning of section 18 UrhG;
    d) the right of recitation, performance and presentation within the meaning of section 19 UrhG;
    e) the right to make works available to the public within the meaning of section 19a UrhG;
    f) the right of broadcast within the meaning of section 20 UrhG;
    g) the right of communication by video or audio recording within the meaning of section 21 UrhG;
    h) the right to communicate broadcasts and works made available to the public within the meaning of section 22 UrhG.

§ 7 Liability of the Provider

  1. Unless otherwise determined in these Terms of Use including the following provisions, the Provider will be liable in accordance with statutory provisions for any breach of contractual and non-contractual obligations.
  2. If it is at fault, the Provider will be liable for damages – regardless of the legal grounds – in the case of intent and gross negligence. In the case of simple negligence, and subject to a milder liability yardstick under statutory provisions (e.g. for a duty of care in its own matters), the Provider will be liable only
    a) for losses arising from loss of life, physical injury or damage to health;
    b) for losses arising from the non-immaterial infringement of a substantive contractual duty (a duty which actually enables due fulfilment of the contract and upon compliance with which the other party may and does routinely rely); in this case, however, the Provider’s liability shall be limited to making good the foreseeable loss typically occurring.
  3. The limitations of liability arising from section 6 paragraph 2 of these Terms of Use shall also apply in the case of breaches of duty by or in favour of persons for whose culpability the Provider is responsible under statutory provisions. They will not apply if the Provider has maliciously failed to disclose a defect or has offered a warranty for the condition of the goods, or for claims of the User under the German Product Liability Act (Produkthaftungsgesetz).
  4. The Provider will not accept any liability for disruptions within the network for which the Provider is not at fault.
  5. The Provider will be liable for the loss of data in accordance with the above paragraphs only if such a loss could not have been avoided had the User taken reasonable data security precautions.
  6. Liability shall not extend to impairments of the contractual use of the services provided by the Provider on the PORTAL that have been caused by their improper or deficient utilisation by the User.
  7. These limitations of liability shall also apply mutatis mutandis in favour of the vicarious agents of the Provider. If the PORTAL offers the option of forwarding to databases, websites, services, etc. of third parties, e.g. through the setting of links or hyperlinks, the Provider shall be liable neither for the accessibility, existence or security of these databases or services nor for their content. The Provider shall in particular not be liable for their lawfulness, the accuracy of their content, their completeness, their relevance, etc.

§ 8 Deletion and blocking of accounts / review and deletion of content

  1. Users cannot delete their own accounts. However, they can ask for their account to be deleted irreversibly by making a clear declaration in text or written form to the Provider. To do so, the User must notify the Provider of their deletion request by writing to: Lenord, Bauer & Co. GmbH, Dohlenstraße 32, 46145 Oberhausen, or by e-mail to: webmaster@lenord.de, citing “PORTAL account deletion” and stating their user name, password and personal registration details. The Provider will then see to the immediate deletion of the user account.
  2. All data and/or content stored by the User will be immediately and irreversibly deleted and destroyed when the account is deleted unless their continued storage is required for legal reasons.
  3. The Provider reserves the right to block and/or to delete third-party content and/or data of the User if it is recognisably criminal under prevailing laws, recognisably serves the preparation of criminal acts and/or violates these Terms of Use.
  4. The Provider will have the right to withdraw access to the PORTAL from a User (account deletion) or to block access to the PORTAL if the User violates these Terms of Use. Excluded Users are given a virtual house ban. The Provider reserves the right to assert further damages.
  5. When a User's right of use ends, the Provider will delete the electronic data stored by the User on the PORTAL if the project for which the User was given the right of use has already been completed in full. If the User’s right of use ends before a project is completed, only the access data and the details provided by the User when registering will be deleted. The project data will not be deleted, but will be enabled for a new User.

§ 9 Other provisions and place of jurisdiction

  1. Should an individual provision of these Terms of Use be or become ineffective, this shall be without prejudice to the effectiveness of the rest of the Terms of Use.
  2. The language of the contract is German.
  3. After conclusion of the contract the Provider will store the contract text on the Provider’s internal system, where it will not be accessible to the User.
  4. If the User is a merchant, the laws of the Federal Republic of Germany shall apply.
  5. If the customer is a merchant, a legal person under public law or a federal special asset, the registered office of the Provider in Oberhausen is agreed as the sole place of jurisdiction for all claims between the User and the Provider arising from or on the basis of these Terms of Use. This shall apply mutatis mutandis for persons who do not have a general place of jurisdiction in Germany and for persons who move their place of residence or habitual abode outside Germany after agreeing these Terms of Use or whose place of residence or habitual abode is not known at the time the action is brought.
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