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General Terms and Conditions

General Terms and Conditions


- for the service www.appindu.com -

A. GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF SOLUTIONS

1. Service Provider, Scope of Application

1.1. The service www.appindu.com (referred to as „Platform“ hereinafter) is provided by Jan Hinzpeter, Ehner-Fahrnau 12, 79650 Schopfheim, Germany (referred to as „we“ or „us“ hereinafter).

1.2. This part A. of the present General Terms and Conditions shall govern our legal relationship with the user (referred to as "User" hereinafter) in respect of the User's purchase of digital products (referred to as "Solutions" hereinafter) from sellers who are presenting their solutions on the platform (referred to as "Sellers" hereinafter). Contradicting or additional terms and conditions of the User shall not become part of the contract.

1.3. The Platform is intended for use solely by entrepreneurs within the meaning of the statutory definition in section 14 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), i.e. solely by natural or legal persons, or by partnerships with legal capacity, who or which enter into the business relationship with us for purposes of their trade, business or profession.

2. Purchase of Solutions on the Platform

2.1. Contract for purchase of the Solution directly between User and Seller: The User can purchase Solutions from Sellers directly on the Platform. The contract in respect of an applicable Solution is not concluded between the User and ourselves but directly between the User and the respective Seller. Such contract shall be governed by the general terms and conditions of the Seller as well as by the Seller's license terms where such terms and conditions or license terms were validly included into the contractual relationship between the respective User and Seller. The Seller may make its general terms and conditions available on the Platform.

2.2. User's payment to the Seller; Invoicing Payment shall be made by the User to the Seller directly, i.e. not via the Platform. The same shall apply to invoicing.

2.3. Making available of the Solution: The Solution shall be made available to the User either via download or via email or it shall be mailed on a physical storage medium (e.g. DVD).

3. Conclusion of Contract between Seller and User:

3.1. The Seller's presentation of a Solution on the Platform does not yet constitute an offer of the respective Seller for conclusion of a contract for purchase of such Solution. Only if and once that the User submits an order for an applicable Solution, such order shall constitute an offer to the Seller regarding the conclusion of a respective purchase contract. The Seller shall respond to such offer of the User by email or other individual communication.

3.2. Languages made available for conclusion of the contract shall be English and German.

4. Storage of Order Information

4.1. We shall store, in respect of an applicable order, the order information and the general terms and conditions and license terms of the Selller. You may print out such aforesaid information and documents yourself by using the respective functionality of your browser (usually “print” respectively “file” > “save as”).

5. User Account

5.1. Registrants shall enter complete and correct information. No information concerning third persons may be used without such persons’ consent.

5.2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.

6. Liability Limitation

Our liability for damages shall be subject to the following:

6.1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.

6.2. In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.

6.3. Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under mandatory applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz").

7. Applicable Laws, Court of Jurisdiction

7.1. German laws shall apply. The UN sales convention shall not apply.

7.2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the Customer's location instead.

B. GENERAL TERMS AND CONDITIONS FOR SELLERS OF SOLUTIONS

1. Service Provider, Scope of Application

1.1. The service www.appindu.com (referred to as „Platform“ hereinafter) is offered by Jan Hinzpeter, Ehner-Fahrnau 1, 79650 Schopfheim, Germany (referred to as „we“ or „us“ hereinafter).

1.2. This part B. of our present General Terms and Conditions shall govern our contractual relationship with Sellers of digital products (referred to as "Solutions" hereinafter) who sell their Solutions via the Platform to interested users (referred to as "User(s)" hereinafter). Contradicting or additional terms and conditions of the Seller shall not become part of the contract.

1.3. The Platform is intended for use solely by entrepreneurs within the meaning of the statutory definition in section 14 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), i.e. solely by natural or legal persons, or partnerships with legal capacity, who or which enter into the business relationship with us for purposes of their trade, business or profession.

2. Sale of Solutions on the Platform

2.1. Contract for purchase of the Solution directly between User and Seller: The Seller may present Solutions to Users on the Platform for download. The User may then order an applicable Solution on the Platform from the applicable Seller. The contract on the User's purchase of an applicable Solution is not concluded between the User and ourselves but directly between the User and the respective Seller. Such contract shall be governed by the general terms and conditions of the Seller as well as by the Seller's license terms where such terms and conditions or license terms were validly included into the contractual relationship between the respective User and Seller. The Seller may make its general terms and conditions available on the Platform.

2.2. Conclusion of Contract between Seller and User: The Seller's presentation of a Solution on the Platform does not yet constitute an offer of the respective Seller for conclusion of a contract for purchase of such Solution. Only if and once that the User submits an order for an applicable Solution, such order shall constitute an offer to the Seller to conclude a respective purchase contract. The Seller shall respond to such offer of the User by email or other individual communication.

2.3. User's payment to the Seller; Invoicing: Payment shall be made by the User to the Seller directly, i.e. not via the Platform. The same shall apply to invoicing.

2.4. Presentation administered by the Seller: The Seller can, on its own, administer the presentation of its Solution on the Platform.

2.5. Making available of the Solution for Download: The Seller can, on its own, upload its Solution on the Platform and make it available for download by the Users.

3. Conclusion of the Contract on the Use of the Platform

3.1. Our operation of the Platform and presentation of its services in the internet do not yet constitute an offer from us for conclusion of a contract on the use of the Platform. Only if and once that the Seller, following the selection of a service package and completion of the order process on the website, submits an order for an applicable service package, such action of the Seller shall constitute a binding offer on conclusion of a respective service contract with us. Our acceptance, if any, of such offer shall be made by email, fax or mail, or by activation of the Seller's account on the Platform.

3.2. Languages made available for conclusion of the contract shall be English and German.

4. Storage of the Provisions of the Contract

4.1. We will store the contract data, i.e. the order information for the service contract and the present General Terms and Conditions. You may print out such aforesaid contract data yourself by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). Also, You can always view the current version of our General Terms and Conditions on our Website.

5. User Account

5.1. Registrants shall enter complete and correct information. No information concerning third persons may be used without such persons’ consent.

5.2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.

6. Invoicing and Payment

6.1. The marketplace can be used free of charge. We will receive a provision of 10% of the purchase order value generated via the marketplace. Provisions will be invoiced on a monthly basis. Invoices will be made available via email. Payment of the provision is due within 14 days.

7. Requirements for the Sale of Solutions on the Platform

7.1. Obligation to indicate an Imprint You shall ensure that your presentation of Solutions on the Platform (hereinafter referred to as "Product Presentation") will contain an imprint within the meaning of section 5 of the German Teleservices Act (Telemediengesetz) ..

7.2. Compliance with applicable laws: You shall ensure that your Product Presentation will not violate any provisions of the applicable laws. Such laws may include without limitation misleading or other unfair competition, the rules on indication of prices, and/or applicable penal law provisions.

7.3. Solutions not to breach Third Party Rights: You shall ensure that your Product Presentation does not breach any industrial or intellectual property rights of any third party like e.g. patents, copyrights, name rights, trademarks or design rights and, furthermore, that they do not breach any privacy rights or personality rights of any third party.

7.4. Product Presentations not to breach Third Party Righs: You shall ensure that your Product Presentation does not breach any industrial or intellectual property rights of any third party like e.g. patents, copyrights, name rights, trademarks or design rights and, furthermore, that they do not breach any privacy rights or personality rights of any third party.

7.5. Hyperlinks: Should the Product Presentation include a hyperlink, the Seller shall ensure the technical availability of the target site as well as the compliance of such target site and of its environment with the applicable laws.

8. Requirements for the Handling of User Information

8.1. The Seller may store and use personal information of Users solely if and to the extent permitted under the applicable laws, e.g. for purposes of conclusion and performance of the purchase contract with the applicable User. Including without limitation, any use of the User's email address for purposes of promotion or advertisement would not be permitted under the applicable laws, where the User did not expressly agree to such use beforehand.

9. Availability of the Platform

9.1. Unless and to the extent provided to the contrary, we will make the Platform available with a system availability of 98%. The system availability is calculated on the basis of the time period attributable to an applicable calender month if and to the extent that it is part of the contractual term, minus maintenance periods. We shall be entitled to perform maintenance works during the time period from 21 p.m. to 6 a.m. and/or on weekends, for a total of eight hours during each applicable calender month. During maintenance works the Platform will not be available.

10. Blocking of Product Presentations

10.1. We shall be entitled to block a Product Presentation promptly if and once that there are indications that the Production Presentation and/or the Solution presented therein breaches any third party rights. It shall be deemed an indication or breach of rights within the aforesaid meaning, among other occurrences, if any third party(ies) takes measures against us or you and where such measures are based on actual or alleged unlawfulness and/or breach of rights. The blocking of the applicable Advertisement shall be lifted if and once the respective suspicion of unlawfulness or of a breach of third party rights will be cleared out.

10.2. We shall inform you promptly on any blocking of Product Presentations and shall request you to clear out the respective reproach within an adequate time period which we shall determine in good faith in connection with our aforesaid request. Following unsuccessful expiration of such aforesaid time period we shall be entitled to terminate the contract without notice.

11. Liability Limitation

Our liability for damages shall be subject to the following:

11.1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.

11.2. In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.

11.3. Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under mandatory applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz").

12. Applicable Laws, Court of Jurisdiction

12.1. German laws shall apply. The UN sales convention shall not apply.

12.2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the Customer's location instead.