1) These terms and conditions apply to all digital databases, applications, information, explanations, and other online services provided by imining GmbH, with or without remuneration (hereinafter referred to as Online Products), whose use is enabled exclusively via remote data transmission over the Internet.
2) There is no intention to provide a different method of provision than that of remote data transmission.
1) The contract/the subscription shall be concluded by the fact that the client selects an Online Product on a portal of imining GmbH and subsequently initiates the payment process.
The client shall then receive a confirmation of their Online Product selection by e-mail from imining GmbH. This shall occur no later than at the time of the provision of the service by imining GmbH. The conclusion of contract shall grant the client the non-transferable, non-exclusive right of use for a limited period of the Online Products which are the objects of the contract. The right of use is particularly limited to that described in section 6. All usage rights which are not expressly stated remain the rights of imining GmbH as the owner of all copyright and proprietary rights.
2) The client shall access the Online Products by remote data transmission via the Internet. The client must provide a valid e-mail address to be able to use the demo versions of the Online Products. The link with the download information shall be sent to this address. The user must provide his contact details to be able to use the Online Products (name, address, e-mail address, etc). In return, after the conclusion of the process he will receive an e-mail with the access to the secure download area of imining.
3) The client may access content, databases, etc from third party suppliers within the Online Products. He may be redirected to the server of these named third party suppliers during this process. The third party supplier shall not receive any data or information which could identify the client, since the connection is made anonymously. If the client should incur any additional costs for content provided by third party suppliers (e.g. pay-per-document or similar), the client will be informed of this by the third party supplier. We will invoice you for these additional usage fees. These terms and conditions apply.
1) The client subscribes to the service from imining GmbH for 1 year at a time. This is valid only upon acquisition of a license of the site version of the application. The “lite” version of the application is not supported by imining.
2) At the conclusion of the abovementioned subscription period, the subscription is automatically extended by the same subscription period. The annual subscription costs are therefore incurred again.
3) The client can cancel the subscription in writing with effect from the conclusion of the period named in point 1. The deadline for the cancellation is 6 weeks before the end of the subscription period.
1) The client shall make a decision as to the type of payment for all Online Products (registration).
2) The payment is due immediately and in full upon delivery.
3) The prices stated on the invoice are gross (net prices plus statutory value added tax).
4) The prices of the Online Products may be adjusted for inflation in continuously renewable contracts.
5) The client shall not withhold payments without a legal right to do so.
1) You have a right of revocation from the contract within 4 weeks without specifying any grounds in text form (e.g. letter, fax, e-mail). The period of time begins upon receipt of these instructions in text form, but not prior to the date of receipt of the goods by the recipient and also not before our duty to supply information has been fulfilled in accordance with section 312c, paragraph 2 of the German Civil Code (BGB) in conjunction with section 1 paragraphs 1, 2 and 4 of the German Civil Code Regulation on Duty of Information (BGB-Info V) as well as our obligations in accordance with section 312e, paragraph 1, sentence 1 of the BGB in conjunction with section 3 of the BGB-InfoV. The revocation period shall be deemed observed if notice of revocation is given within this period.
Notice of revocation should be sent to the following address:
or to:
imining GmbH, Berduxstrasse 22, 81245 Munich.
2) In the case of an effective revocation, the performance received by both sides and any emoluments received (e.g. interest) shall be returned. If you cannot return the performance, or only partially or only in a deteriorated condition, you must pay equivalent compensation. Obligations to reimbuse payments must be fulfilled within 30 days. The period begins for you when you send the declaration of revocation, for us when it is received.
or to:
imining GmbH, Berduxstrasse 22, 81245 Munich.
2) In the case of an effective revocation, the performance received by both sides and any emoluments received (e.g. interest) shall be returned. If you cannot return the performance, or only partially or only in a deteriorated condition, you must pay equivalent compensation. Obligations to reimbuse payments must be fulfilled within 30 days. The period begins for you when you send the declaration of revocation, for us when it is received.
1) imining GmbH reserve all copyright, usage and other proprietary rights to the Online Products.
2) The client is entitled to access the Online Products from any computer which is suitable for this purpose. The duration of the usage right shall be determined by the agreement forming the basis to the contractual relationship. The client shall be informed of this at the beginning of the contract, and the period will come to an end at the latest when the contractual agreement expires.
3) The client is obliged to use the Online Products solely for his own purposes and not to allow third persons separate access to the Online Products, whether with or without remuneration. The Online Products may only be accessed from one computer at a time, not from two or more computers at any one time, whether by the same or different people.
4) In the case of a contract regarding a multiple license, the client is entitled, in accordance with the contractual agreement, to access the Online Products at any time from one or more computers with more than one person at a time.
5) The client is prohibited from altering copyright notices, registration/trademarks and/or ownership specifications of the Online Products.
1) The Online Products (software tools) are revised and updated regularly with due care. When using software tools, it should always be noted that notwithstanding every precaution and care, a change in the law or jurisdiction could make it necessary to modify the Online Products.
2) Insofar as the client downloads contents, applications etc from an Online Product and saves them, at least temporarily, it is essential that the retrieved data is used promptly in the current version. The client is solely responsible for the selection and use of the Online Products.
3) Liability shall only be accepted for damage to other software or to data storage media/data processing equipment belonging to the client occurring through the use of the Online Products insofar as this damage is typically occurring and foreseeable and the damaging fault on the Online Products is regarded as willfully or grossly negligent by a legal representative or assistant. In the case of contracts with legal persons under public law, special funds under public law and merchants – with respect to the latter, only when the contract belongs to the operation of their trade – in addition to the limitation of liability in the previous sentence, liability for gross negligence by assistants is excluded, insofar as this is not a leading assistant or main contractual obligations are violated. Legal claims for rectification of faults and subsequent deliveries – but not for compensation – remain unaffected by the abovementioned regulation. Further claims by the client, in particular for loss of earnings or consequential losses, are excluded.
4) To safeguard the system, the client is obliged to save data at appropriate intervals. In the case of data loss, liability shall only be accepted for the costs of recovery which are generally necessary.
imining GmbH endeavors to provide access to its Online Products permanently, i.e. 24 hours a day, 365 days a year. However, permanent availability is expressly not guaranteed. In particular, access may be limited at time for technical reasons, for example due to necessary repair and maintenance works.
Note in accordance with section 33 of the German Federal Data Protection Law (BDSG): imining GmbH, neutral service providers commissioned by us and related companies strictly observe the German Federal Data Protection Law when saving and processing client data. Client data is saved in the form of names and residential and/or business addresses.
1) The law applied is that of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as the conflict of laws (private international law).
2) Place of performance and place of jurisdiction for merchants is Munich.
