Terms of use

1 Scope

1.1 We, Oligomo Management GmbH, Zillertalstr. 45a, 81373 München, Germany – hereafter referred to as “we” and/or “us” – provide several services related to the tender of goods and materials – hereafter referred to as “Procurement.Land Services” – on the website procurement.land and on sub-domains, sub-areas and sub-pages of procurement.land.

1.2 The following terms of use are effective between us as the website provider and you as user of the Procurement.Land Services.

1.3 Conflicting terms, additional terms or any terms deviating from these terms of use do not apply unless we have explicitly agreed to them in written form.

2 Use of the Procurement.Land Services

2.1 The Procurement.Land Services are intended exclusively for business users and not for private users. The use is subject to a fee with few exceptions if you act as a purchaser, e.g., create or execute tenders. With few exceptions, your registration to the Procurement.Land Services is a prerequisite for the use of the Service. For registration you need a business email address. Private email addresses are not accepted for registration and/or use of the services.

2.2 At the time of registration, a user account is created for you (hereafter referred to as “User Account”).

2.3 By registering with a business email address, you agree that we may publish the name and the logo of that business as a user of the Procurement.Land Services.

2.4 At the time of registration, one ore more sub-domains, sub-areas or sub-pages may be created on procurement.land which are a prerequisite to use the Procurement.Land Services and which may contain the email domain name, the name of the business – e.g., the company name – and the logo of the business that belongs to the email address. You entitle us to use the email domain name and/or the business name and/or the logo of the business in that regard.

2.5 The Procurement.Land Services send email notification to you, e.g., purchase requests for you, status messages for purchase requests and quotations, the necessary setup or update of business information or products, reports and logs, and other information. You entitle us to send you such email notifications.

2.6 If you are not entitled to provide us the rights mentioned in sections 2.3, 2.4 and 2.5, you must not register and/or use the Procurement.Land Services after registration.

2.7 There is no claim or legal entitlement to your use of our Procurement.Land Services. We have the right to reject the creation of a User Account at our discretion with no reason given.

2.8 If you use the Procurement.land Services as a purchaser, for example by creating or executing tenders, these services are generally subject to a fee, unless you use the Procurement.land Services for the first time and for no longer than 30 days (“trial phase”). The usage fee is EUR 11,490 (EUR eleven thousand four hundred ninety) for one year and includes up to 5 buyers. For every 5 additional buyers or part thereof, the usage price is an additional EUR 4,900 (EUR four thousand nine hundred). This pricing does not apply only in case you have agreed another written contract with us before using the Procurement.land Services, and that contract is still valid at the time of use. All prices are exclusive of the applicable value added tax.

3 Availability of the Procurement.Land Services

We are committed that the Procurement.Land Services are available without major disruptions or downtime. However, we do not provide any agreement or confirmation, regardless of which kind, with respect to the availability of the Procurement.Land Services.

4 Your responsibilities and obligations

4.1 You are obliged to supply your correct email address. Also, all other data you enter by using the Procurement.Land Services must be correct as well.

4.2 It is your obligation to ensure that you can be reached via the email address provided at registration time. Your login data must be used by yourself only and by nobody else. You must keep your login data secret from any third parties. Especially, your email address and password must be stored in such a way that makes it impossible for third parties to get access to this data. You are obliged to inform us without delay as soon as you find out that third parties obtained your login data.

4.3 You are responsible to ensure that you have the required technological prerequisites for the use of the Procurement.Land Services. Should there be any disruptions of the Service during your usage, you will inform us of these disruptions without delay.

4.4 You confirm that that you own the necessary rights of use for all content, e.g., documents, photos, pictures and other data – hereafter referred to as “User Content” – which you enter, upload or share while using the Procurement.Land Services. You are solely responsible for all User Content that you enter, upload or share while using the Procurement.Land Services.

4.5 You must not make comments, make statements, upload documents or enter any User Content which violate applicable law or standards of public decency or morality, or which are infringing on third party property rights, or which may be discriminatory or which violate the rights of third persons or parties.

5 Call to order and suspension

5.1 Should we get notice that you violated or are currently violating these terms of use and/or applicable law, you may be issued a warning.

5.2 In case of a substantial or repeated violation of these terms of use and/or applicable law by you as well as in case of well-founded suspicion of a breach of your responsibilities and obligations regarding these terms of use, we have the right to suspend your access to the Procurement.Land Services temporarily or permanently.

5.3 If we become aware that data or User Content communicated using the Procurement.Land Services violates these terms of use and/or applicable law, we may deactivate such data or content in part or in their entirety.

5.4 Throughout the decision process concerning the suspension of access and/or the deactivation of data, your justified concerns will be respected in an adequate manner, and you will be informed on each suspension and/or deactivation and the respective reason by email immediately.

6 Duration and termination

6.1 The terms of use are valid when and as long as you use the Procurement.Land Services. Furthermore, the terms of use are valid if and as long as you have a User Account for the Procurement.Land Services.

6.2 You have the right to terminate your User Account for the Procurement.Land Services with immediate effect.

6.3 We have the right to terminate your User Account for the Procurement.Land Services with two weeks notice. Furthermore, we have the right to terminate your User Account for the Procurement.Land Services with immediate effect for a justified cause. A justified cause exists in particular if you violate substantial responsibilities and obligations, in particular the obligation to apply to applicable law, and if you are not refraining from such violations after receiving a written warning notice or notification of deactivation of data by us.

6.4 Notices of termination require written form. An email is a sufficient means of fulfilling the necessity of written form.

6.5 We have the right to disable your User Account in conjunction with the termination of this contract.

7 Liability

7.1 We do not make take any warranties and do not take any liability for content of third parties or users (e.g., hyperlinks, email, forums, chat rooms) which are accessible by the Procurement.Land Services.

7.2 By accessing the Procurement.Land Services and by using data offered as part of the Procurement.Land Services you wave claims of any kind against us which might be caused by your activity.

7.3 If and when in contrast to the previous two sections 7.1 and 7.2, our liability can not be waived by law, we are liable only for damages, losses etc. which are caused by gross negligence or by intent.

7.4 Liability for slight negligence is excluded. This is also valid for fault of own responsibility and/or, fault of corporate bodies and for the fault of representatives and assistants.

7.5 Liability for force majeure is excluded.

7.6 If our liability is excluded according to the previous sections 7.1 to 7.5, this is also holds for the personal liability of our employees, staff, representatives and assistants.

7.7 If you violate the terms of use culpably, you indemnify us from any resulting damages, including consequential damages, such as the costs of legal defense. The proof that no or less damage has occurred than that alleged by us remains at liberty to you.

8 Changes to the terms of use

8.1 We reserve the right to change these terms of use at any time, with the validity of these changes extending into existing contractual relationships. We will inform you of such changes 30 days before they become effective and enter into force.

8.2 Unless you express your objection within the aforementioned 30-day period of receiving our notice and should you continue the use of the Procurement.Land services as usual after the period, the changes enter into force. In case of objection, your use of the Procurement.Land services will be continued according to the previous terms of use

8.3 We will advise you of your right to express your objection and the consequences thereof in the notification of change at the start of the 30-day period.

9 Final terms

9.1 We reserve the right to hire third parties as subcontractors in order to provide the Procurement.Land Services.

9.2 We reserve the right to transfer claims to third parties that arise from your use of the Procurement.Land services and/or any contracts that exist between you and us.

9.3 You are not entitled to transfer your User Account to third parties.

9.4 The place of fulfilment is our registered headquarters.

9.5 If you are a merchant, a legal person under public law, or a special asset under public law, the exclusive venue of jurisdiction in all cases of dispute arising under this contract shall be the court competent at our registered headquarters. Any mandatory provisions of applicable law providing for exclusive jurisdiction shall remain unaffected.

9.6 This agreement shall be governed by German law with simultaneous exclusion of the UN Sales Convention on Contract Law (CISG).

9.7 Should individual provisions of these terms of use or parts thereof be or become ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective section will be replaced by a mutually agreed section which is as close as possible with respect to the original commercial objective of the ineffective section.

Date: October 1, 2014