GENERAL CONDITIONS OF USE (GCOU)
FOR THE WEB PAGES OF ILT INDUSTRIE-LUFTFILTERTECHNIK GMBH
1. Validity of these GCoU
1.1. ILT Industrie-Luftfiltertechnik GmbH (ILT) provides the User of their Web Pages (User) information, documents, and comparable contents with their Web pages.
1.2. The use of the ILT Web pages (Web Pages) is only allowed on the basis of these General Conditions of Use (GCoU). The GCoU can be modified, changed or replaced.
1.3. By log-in, or, if a special log-in is not necessary, by the use of this Web Page the User acknowledges the present GCoU.
1.4. If the User of the ILT Web pages acts as or for a company, i. e. in exercise of a commercial or self-employed kind of activity, or for a public corporation, §312e para. 1 S. 1 Nr.1-3 of the German Civil Code (BGB) is not applied.
2.1. ILT offers download of information, documentation or comparable contents.
2.2. ILT may cease operation of the Web Pages in part or in total or may restrict access to certain parts. ILT is not liable for the uninterrupted availability of the Web Pages as availability is restricted by the nature of the internet and by computer systems on which ILT has no influence whatsoever.
3. Registration, Access data
3.1. Access to certain parts of the Web Pages may be restricted by technical means. Access to these parts is only possible after registration. Registration data may be sent by ILT to the User wishing access. ILT expressively reserves the right to restrict access by registration to parts of the Web Pages (site) which have been free to access previously. ILT is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
uses false data for the purpose of registration;
violates any applicable laws in the access to or use of the ILT Web Site; or
did not use the ILT Web Site for a longer period.
The User has no right whatsoever to be registered and gain access.
3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to ILT, is current at all times and an address at which the User can be contacted.
3.3. After successful registration the User receives access data which contains passwords. After first use of this data the User must change the received password into another which is only known to the User.
3.4. The User takes care that no access data is disclosed to third parties and is legally liable for any actions taken by using this access data.
3.5. If the User has noticed that third parties use access data abusively, he is liable to inform ILT immediately in written form. After reception of such a notice ILT will restrict access for the User and grant new access only if the User explains consent in written form.
3.6. The User may claim to delete access data and registration at any time as far as a present contractual relationship is in no contradiction to this claim. In this case all personal data, registration and access data of the User will be deleted as soon as they are no longer needed.
4. Right of use
4.1. The use of information and documents is subject to these GCoU. Possible special agreements come prior to these GCoU.
4.2. ILT grants the User a non-exclusive and non-transferable right to use information or documents in the Web Pages in the extent as stipulated, or, if nothing is stipulated, in the extent as intended by ILT by providing this information/these documents.
4.3. Any information or documents as well as other data in the Web Pages of ILT may not be sold, rented or transferred by other means to third parties by the User; this applies expressively if content is left to third parties gratuitously. The User may not change, falsify or copy, in whole or in part, documents or data provided in the Web Pages (e. g. source code, documentation, brochures and so on).
4.4. All data, information and documentation are copyright-protected by national and international law and other intellectual property protection.
4.5. §§69a ff. of the German Copyright Act will remain unaffected in the rest.
5. Intellectual properties, trademarks
5.1. The ILT-Logo and the following trademarks are registered trademarks of ILT GmbH in Germany and many other countries: ELOFIL, UNIFIL, KOMBIFIL, CLAROFIL, ROTAFIL, MOBIFIL, LUBRIFIL, PORTAFIL, STAFIL, FILCOMMAND, FILPATROL, FILCONCEPT, ILT Industrie-Luftfiltertechnik, ILT. This list is updated from time to time. Failure by ILT to list a particular ILT brand, trademark, or offering name is not a waiver of any rights reserved by that trademark.
5.2 Irrespective of other parts of these GCoU names, logos, trademarks, documentation, text, images or other data in the Web Pages may not be copied, sold, rented, supplemented or utilized in other ways; this applies expressively if content is transferred gratuitously.
5.3. Respective authorization by ILT is valid only in written form with original signatures; emails by ILT giving authorization are not valid.
5.4. Except to the rights of use given with these GCoU the user has no rights whatsoever especially to names, logos of ILT and other industrial property rights, e. g. patents, trademarks, brands. ILT is not obliged to grant such rights.
6. Obligations of the user
6.1. The user is prohibited expressively
6.1.1. to transfer content with viruses (e. g. Trojan Horses, Worms, etc.) or other programs which can change, read or damage software and data;
6.1.2. to enter, save, or transfer content or hyperlinks to which the User is not entitled to, especially if the contents or hyperlinks interfere with agreements of confidentiality or are illegal;
6.1.3. to spread unsolicited emails or advertisements (so called “Spam”) or false warnings against viruses (so called “Hoax”) or calls to participate in multilevel selling (“Pyramid scheme”), chain letters or action of equal kind;
6.1.4. to violate industrial property rights, copyrights or other property rights;
6.1.5. to violate personal rights, especially of underage persons;
6.1.6. to violate public policy.
6.2. ILT reserves the right to restrict access of the User to the Web Pages continuously, especially if the User should violate obligations arising from these GCoU.
7.1. The ILT Web Pages may contain hyperlinks to third party web pages. These hyperlinks are meant only as a service for the convenience of the User.
7.2. ILT has neither checked these hyperlinks nor control over the referring web pages. ILT will not accept liability over these web pages nor adopt content or behaviour and expressively dissociates from these web pages.
7.3. Use of the referring hyperlinks is at the User’s own risk.
8. Liability, Viruses
8.1. Liability is excluded for information, other data and documentation provided gratuitously, especially for its accuracy, integrity, usability and noninfringement of third party industrial property rights and copyrights. ILT will accept liability only which by law cannot be excluded.
8.2. All information in the Web Pages may contain general descriptions of technically possible applications for ILT products. This information may not be available at all times, e. g. in the case of changes in the scope of supply. All information about ILT products refer to products in standard versions.
8.3. All information referring to ILT products is non-binding and is not valid as a warranty for product features or as a implied warranty of fitness of the products for a certain case of application.
8.4. ILT makes efforts to keep the Web Pages virus-free and to prevent abuse according to paragraph 6.1.1 ff by technical and organisational means. Nonetheless ILT cannot guarantee virus-free Web Pages or non-abusive use of the Web Pages. The User will take care to check downloads or the behaviour of the Web Pages with appropriate security systems like virus-scanners.
8.5. In no event shall ILT be liable to any person for any special, indirect or consequential damages relating to the use of the Web Pages or hyperlinked web pages or downloaded data files including, without limitation, any lost profits, business interruption, loss of programs or other data on the User’s or third party information handling system or otherwise, even if ILT is expressively advised of the possibility of such damages.
8.6. Regulations in paragraph 8 of these GCoU are valid except ILT is by German law expressively liable. Possible indemnification resulting from the violation of essential contractual obligations is limited to predictable contractual characteristics only as far as no intent and gross negligence exists.
9. Export control
9.1. Export of certain information, data files and/or documentation may be subject to governmental control or obligation to obtain a permit due to their nature, intent of use or their final destination. The User will take care of compliance with regarding export prescriptions and controls regarding this data.
9.2. The User will check and verify
9.2.1. that information and/or data provided or offered will not be used for military purposes, for nuclear or armament technology;
9.2.2. that early-warnings by German authorities are observed.
9.2.3. that the regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
9.3. Content in the ILT Web Pages which underlies export control may only be accessed if all verification in paragraph 9.2 has been executed; otherwise no action shall lie against ILT.
9.4. The User shall indemnify and hold harmless ILT from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate ILT for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
9.5. If required to enable authorities or ILT to conduct export control checks, the User, upon request by ILT, shall promptly provide ILT with all information pertaining to the particular end-user, the particular destination and the particular intended use of information and documentation provided by ILT, as well as any export control restrictions existing.
10. Data protection, privacy
11. Other agreements, final remarks
11.1. Subsidiary arrangements as well as their abrogation are made in written form only. Emails are not regarded as writs.
11.2. Any issues involving this site shall be governed by the laws of Germany. The User agrees that any lawsuit shall be litigated in the court of Siegburg, Germany, if the User is a merchant according to the German Commercial Code.
11.3. The ILT Web Pages (site) are operated from Germany and a German company takes the responsibility for it. ILT will not accept liability that the Web Pages and/or information in it are accessible and downloadable from locations outside Germany. If the User accesses the Web Pages from outside Germany the User is responsible for the compliance with the national laws and rules in the referring country.
11.4. Access to the Web Pages or to information contained therein is prohibited from countries where this access is unlawful.
11.5. Only German Laws and Regulations apply. The UN Sales Law is excluded.
11.6. The German version of these GCoU shall be governing in case of litigation.
Version of these GCoU: Sept 25, 2020