General Terms and Conditions of Business
§ 1 Scope and Definitions
1. The business relationship between Consocium GmbH, Commercial Register Hamburg: HRB 139701, Fischertwiete 2, Chilehaus A, 20095 Hamburg, Germany (hereinafter referred to as “CONSOCIUM”) and the member is subject to these General Terms and Conditions of Business in the currently valid version at the time of the order by the member with regard to the premium membership (hereinafter referred to as “Membership”).
2. These General Terms and Conditions of Business only apply if the member is a merchant (Section 14 German Civil Code (BGB)), a legal entity under public law or a special fund under public law.
3. Contradictory, deviating or supplementary general terms and conditions of the member will not become part of the contract, unless CONSOCIUM expressly agrees to their validity. These General Terms and Conditions of Business also apply if CONSOCIUM carries out services without reservation in the knowledge that the member’s terms and conditions conflict with or deviate from these General Terms and Conditions of Business.
§ 2 Conclusion of Contract
1. The presentation of content of the Membership on the CONSOCIUM website or in other CONSOCIUM media is not a binding offer on the part of CONSOCIUM. Rather, the member
is given the opportunity to make a binding offer to conclude a Membership.
2. The member submits an offer to conclude a Membership by sending the order, which is done by clicking the button “Order with obligation to pay” and which includes these General Terms and Conditions of Business, after having gone through the online ordering process and having taken note of the contents of the Membership. After sending the order, the member will receive an order confirmation and an invoice by e-mail to the e-mail address provided by the member. This order confirmation is CONSOCIUM’s acceptance of the offer. In this case, membership consists of the order confirmation corresponding to the member’s order and these General Terms and Conditions of Business.
§ 3 Access to the Contents of the Membership
The member’s access to the contents of the Membership is password-protected through the use of the access data selected by the member. The member shall keep the access data and password secret and shall prevent any unauthorized use by third parties.
§ 4 Scope of Performance, Availability
1. The contents accessible to the member within the scope of the Membership are found in the detailed description at the time of the conclusion of the contract, which can be found under https://www.consocium.com/en/register/premium/.
2. CONSOCIUM strives for an average of 98% in regard to availability for the contents of the Membership per calendar year. The availability of the contents of the Membership at the point of transfer to the Internet is decisive.
§ 5 Obligations of the Member to Cooperate
1. The member is responsible for creating and maintaining the technical requirements for access to the Membership in his/her area of responsibility, especially with regard to the hardware and operating system software used, the connection to the Internet and the current browser software.
2. The member shall take the necessary precautions to secure his/her systems, in particular to use the standard security settings of the browser and to use up-to-date protection mechanisms to defend against malware.
§ 6 Rights of Use of the Member; Third-party Content
1. On condition of payment of the remuneration owed by the member and due to CONSOCIUM, the member receives the simple, non-exclusive, non-transferable right to use the contents of the Membership, limited to the duration of the Membership.
2. Contents or licenses of third parties, which the member has acquired during the term of the Membership, remain beyond the end of the term of the Membership, but are subject to other provisions of the third parties.
§ 7 Claims in case of Defects
1. CONSOCIUM shall remedy technical defects in the content of the Membership within a reasonable period of time. CONSOCIUM’s responsibility extends only to the point of transfer to the Internet, but not to the member’s systems and data transmission lines beyond the point
2. CONSOCIUM takes the usual care in selecting and maintaining the contents of the Membership.
3. It is the member’s responsibility to immediately report any defects, faults or damage.
§ 8 Remuneration, Due Date and Methods of Payment
1. The monthly fee for membership is EUR 59.00. The price is in EUR plus the statutory value added tax.
2. The remuneration is due for the respective month in advance.
3. The member can choose between the payment methods offered in the payment process when paying.
§ 9 Term; Extraordinary Termination
1. The term of the contract is one month from the conclusion of the contract. Accordingly, the contract shall end, without any notice of termination being required, at the end of one month after the conclusion of the contract. The rights of use of the contents of the Membership expire at the end of the contract period. Contents or licenses of third parties, which the member has acquired during the term of the Membership, remain, but are subject to other
provisions of the third parties.
2. The right of both parties to extraordinary termination for good cause remains unaffected.
§ 10 Liability
1. CONSOCIUM has unlimited liability:
in cases of intent or gross negligence;
for injury to life, limb or health;
according to the regulations of the German Product Liability Act; and
to the extent of any guarantee that CONSOCIUM may have assumed.
2. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), CONSOCIUM’s liability is limited in amount to the damage that is foreseeable and typical for the type of commercial transaction in question.
3. CONSOCIUM is not liable in any other way. In particular, CONSOCIUM is not liable for initial defects, unless the requirements of Paragraph 1 or Paragraph 2 are met.
4. The above exclusions and limitations of liability apply to the same extent to the organs, legal representatives, employees and other vicarious agents of CONSOCIUM.
§ 11 Processing of Personal Data
1. It is pointed out to the member that CONSOCIUM collects, processes and uses personal inventory and usage data as described in more detail in the Data Protection Declaration, see https://www.consocium.com/en/privacy-policy/.
2. CONSOCIUM is exclusively entitled to process any personal data that is necessary to fulfil the contractual obligations. The processing of personal data for other purposes is excluded.
3. CONSOCIUM guarantees that all persons involved in the processing of personal data have committed themselves to confidentiality and the protection of data privacy. The member shall treat any information from CONSOCIUM that becomes known to him/her in the course of the execution of the contract as confidential.
§ 12 Final Provisions
1. The law of the Federal Republic of Germany applies to contracts between CONSOCIUM and the member, subject to mandatory international private law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of performance is Hamburg, Germany.
3. If the member is a merchant, a legal entity under public law or a special fund under public law, the courts in Hamburg, Germany, shall have exclusive jurisdiction for all disputes arising out of or in connection with the contractual relationship concerned. In all other cases, CONSOCIUM or the member may bring an action before any court that has, by law, jurisdiction.
4. If the contract or these General Terms and Conditions of Business contain loopholes, these loopholes will be filled by legally effective regulations that the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Business if they had been aware of the loophole.
Current as of: July 6, 2020