GRIMME Landmaschinenfabrik GmbH & Co. KG
Hunteburger Str. 32
– hereinafter called GRIMME–
1. Subject and Conclusion of the Contract
1.1 GRIMME Identity is a web-based platform, which contains a central compilation of web-based GRIMME applications (hereinafter referred to as "applications") in a portal and enables the use of the individual applications by a so-called "single-sign-on function" (hereinafter "portal"). called). "Single sign-on" means that a registered user of the portal (referred to below as the "user") simultaneously authenticates itself for further applications, thus eliminating the need to log in to each individual application. The combination of the individual applications under GRIMME Identity offers the advantage that the data of the user and the functions of the applications can be used comprehensively. This should facilitate the use of the individual GRIMME applications and offer you an efficient and personal user experience.
1.2. The following applications are compiled in the portal:
The above-mentioned applications are operated either by GRIMME or its subsidiaries. The homepage for the respective application contains more detailed information and the Terms and Conditions of Use for the individual portals.
1.3. These Terms and Conditions of Use shall regulate access to these portals and their use and functions. GRIMME Identity shall be utilised solely on the basis of these General Terms and Conditions of Use. The user shall accept these General Terms and Conditions of Use at the time of registration and/or use.
1.4. Since the main function GRIMME Identity is to combine individual applications, separate registration for the individual applications shall always be necessary. The single sign-on function shall only be available for those applications for which the user has already registered.
2. Usage and Registration
2.1. GRIMME Identity may only be normally accessed after successful registration.
2.2. All the contents of GRIMME Identity shall be subject to copyright restrictions. The information may not be reproduced nor made accessible to the general public without the permission of GRIMME. Printing and storage for one’s own purposes shall be permitted, but not for external commercial purposes.
2.3. In order to register, it shall not be essential for the user to already have a GRIMME product.
2.4. GRIMME Identity shall be aimed solely at persons acting for commercial purposes or professional self-employed persons. Persons who do not use the portal when exercising a commercial activity shall be excluded from registration. By registering, the user shall confirm that he/she is acting while exercising a commercial or a professional self-employed activity.
2.5. During the registration process, GRIMME shall request certain information which shall be stored and processed. Necessary information shall therefore be labelled as such, and all other details shall be voluntary. The information may be used by GRIMME to operate GRIMME Identity.
2.6. The user shall undertake to provide truthful information during registration. This shall apply equally to necessary and voluntary information. The user shall undertake to notify GRIMME immediately about any changes to his/her data occurring after registration by personally updating the data stored on GRIMME Identity.
2.7. During the registration process, the user may freely select his/her password after taking account of the stipulations by GRIMME and may change it at any time by means of the user administration function. The user shall be obliged to treat access data (user name and password) for GRIMME Identity as confidential and not to pass them on to third parties.
2.8. GRIMME shall never ask the user to send his/her access data by e-mail or disclose them over the phone. GRIMME shall be informed immediately if the user discovers that his/her access data are being misused or their confidentiality is not longer guaranteed. A corresponding message shall also be sent in suspicious cases.
3. Consent to Data Transfer and Data Comparison
3.1. The user shall expressly agree that a data comparison may be made with additional data belonging to the user which has already been stored by GRIMME and/or its subsidiaries in the internal GRIMME database. The user shall also agree to transfer of his/her data relating to his/her registration for other GRIMME applications. This data transfer and comparison shall be necessary to allow the single sign-on function since only by comparing and transferring data is it possible to obtain information on the GRIMME applications for which the user has already registered.
4. Provision of
4.1. GRIMME shall endeavour to ensure that GRIMME Identity can be used as far as possible without interruptions. GRIMME shall endeavour to ensure that GRIMME Identity is available continuously (365 days a year, 24 hours a day and 7 days a week).
4.2. Use of GRIMME Identity may be restricted temporarily due to maintenance work or force majeure. GRIMME shall make every effort to carry out scheduled maintenance work at times of low use.
4.3. The user may contact GRIMME if he/she has any technical questions relating to GRIMME Identity. The corresponding contact data shall be available to the user via GRIMME Identity.
5. Obligations of the User
5.1. The user shall not be permitted to take measures which may lead to a problem or another impairment of GRIMME Identity. In particular, the user shall take all steps to ensure that the information and order platform is not overloaded.
5.2. Attacks on GRIMME Identity, especially attempts to bypass or overcome protective or security mechanisms of GRIMME Identity, shall be prohibited. This provision shall also apply to the attempt to gain possession of external access data, e.g. by means of brute force attacks.
6. Defect Warranty
6.1. Defects in GRIMME Identity shall be verified and rectified by GRIMME as soon as possible after the defect has been notified accordingly. This provision shall also apply to other problems when using GRIMME Identity. GRIMME shall not be obliged to rectify defects and other problems within a certain period of time. The user shall acknowledge that no further claims shall accrue to him/her on account of free use of GRIMME Identity.
6.2. All claims due to the lack of or restricted availability of GRIMME Identity shall be excluded, unless GRIMME maliciously concealed a defect.
7.1. Unless otherwise stipulated in the following provisions, GRIMME shall be liable to the user in accordance with general legal regulations.
7.2. GRIMME shall have unrestricted liability for intent and gross negligence; liability shall otherwise be limited and/or excluded in accordance with the following provisions.
7.3. GRIMME’s liability shall be limited to reasonably foreseeable damage and expenses that are typical for this type of contract.
7.4. GRIMME shall only be liable for slight negligence if an obligation is infringed whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligation). In this case the above liability restrictions shall apply; liability for slight negligence shall otherwise be totally excluded.
7.5. Liability for indirect damage and consequential damage, especially for damage in the event of stoppages and for lost profit, shall be excluded.
7.6. Liability shall also be excluded if damage would not have occurred with proper data backup. Liability for lost data shall otherwise be limited to typical recovery costs which would have arisen with regular production of backup copies, as appropriate to the risk.
7.7. The liability restrictions shall not apply in the event of loss of life, physical injury or damage to health, nor to claims under the Product Liability Act. Liability under guarantees that have been given by GRIMME shall also not be affected.
8. Validity Period and Termination of the Contract
8.1. The user may terminate the User Contract for GRIMME Identity at any time without specifying reasons. Permanent deregistration from GRIMME Identity by the user shall be regarded in this case as termination of the User Contract. GRIMME may duly terminate the User Contract by observing a period of notice of three months at the end of the quarter.
8.2. The contracting parties may also extraordinarily terminate the User Contract for good cause without observing a period of notice. Good cause shall be deemed to exist if one contracting party cannot be reasonably expected to continue with the User Contract, after taking account of the period of notice, up to the expiry of the due period of notice. In particular, good cause shall be deemed to exist for GRIMME if the user repeatedly or seriously infringes his/her contractual obligations and/or these Terms and Conditions of Use.
8.3. At the end of the User Contract, the user's right to utilise GRIMME Identity shall expire. GRIMME shall be entitled to totally block access by the user to GRIMME Identity at the end of the User Contract. However, the user may continue to utilise the accessible area of GRIMME Identity without registering and may re-register at any time.
8.4. Data previously entered by the user during the User Contract shall continue to be stored even after the end of the User Contract, provided the user does not object to continued storage of data. In the event of an infringement, GRIMME shall delete the stored data immediately; otherwise, the data shall be deleted one year after the end of the User Contract. If GRIMME has retention obligations, the data shall only be blocked. This action by GRIMME shall enable the user to still access his/her order history and the ordered products after re-registering.
9. Final Provisions
9.1. If individual clauses of these General Terms and Conditions of Use are or become invalid or unenforceable, the validity of the remaining clauses shall not be affected. The ineffective or unenforceable clause shall be replaced by a clause which comes as close as possible to the purpose of the ineffective or unenforceable clause. This provision shall also apply if the contracting parties subsequently determine that the clauses in these General Terms and Conditions of Use contain a loophole.
9.2. GRIMME shall be unilaterally entitled to amend and/or make additions to these General Terms and Conditions of Use with future effect if this is necessary to safeguard the justified interests of GRIMME, especially when introducing any new functions in GRIMME Identity and the user is not unreasonably affected as a result. In this case, reasonable notice shall be given to the user about amendments and/or additions. If the user does not object to the application of the new Terms and Conditions of Use within two weeks of being notified (time limit for objection), the amended Terms and Conditions of Use shall be deemed to have been accepted by the user. GRIMME shall refer to the right of objection and the importance of the time limit for objection in the notification. In the event of an objection, however, GRIMME shall have the right to extraordinarily terminate the User Contract for good cause without observing a period of notice.
9.3. The legal relationship between the user and GRIMME shall be subject to German law to the exclusion of the UN Convention on the International Sale of Goods (CISG). The sole place of jurisdiction for all disputes arising from or in connection with the use of GRIMME Identity shall be the head office of GRIMME.