General conditions of use

(As at: December 2015)

1 Area of application

The use of these B2B-portal (hereinafter: “Gigaset Portal”) provided by Gigaset Technologies GmbH (hereinafter: "Gigaset") is permitted exclusively under these conditions. In individual cases, these general conditions of use may be supplemented, modified or replaced by further conditions, for example for the acquisition of products and/or services. In the event of contradictions between these general conditions of use and the further conditions, the further conditions take priority.

The conditions of use can be accessed on the internet pages of the B2B-portal and can be printed out.

A registration is required to use the Gigaset Portal. The applicability of these conditions of use is accepted by logging into a password protected area by means of a user name.

2 Services and availability

2.1       Unless otherwise agreed in individual cases, Gigaset hereby grants the user a limited, i.e., non-exclusive and non-transferable, right to access the Gigaset Portal and its contents for ordering products for a commercial use from Gigaset or from a company affiliated with Gigaset within the meaning of § 15 AktG (“Gigaset Company”), to use the Gigaset Portal website and to display it on the screen, in accordance with the provisions of these conditions of use.

2.2      Gigaset offers the user the use of the Gigaset Portal with the reservation that it is available. Use may be limited or partially interrupted by maintenance work, further developments or service disruption. In some circumstances, this may also lead to a loss of data. This does not result in any right to claim damages for the users affected. Gigaset is also authorised to change or cease the provision and availability of this website at any time at its own discretion and without prior notification.

3 Registration and password

3.1      In the interests of business security, the Gigaset Portal is available only to registered users. There is no entitlement to registration with Gigaset. Gigaset is authorised to withdraw access authorisation at any time by blocking the access data without specifying reasons for such withdrawal, in particular if the user:

• Has entered false information for registration
• Has violated these conditions or the duty of care for handling the access data
• Has violated applicable law when accessing or using the Gigaset Portal

3.2      If the user requests registration with Gigaset, the user is obliged to enter only true information for registration and to inform Gigaset of any changes immediately via telephone or letter.

3.3      For registration purpose it is necessary for the user to notify Gigaset of the company name, his first and last name and the email address. Following that Gigaset creates the user account and sends a welcome-email containing a link to the Gigaset Portal as well as a temporary  password. Company, first- and last name, email address and password form the user data of the user. By entering his password and his email address the  user can use the Gigaset Portal. After logging into his account and by clicking on the link "Account Information" he can see the stored data and change the password.

3.4      The user ensures that the user data is not accessible to third parties and is liable for all orders and other activities undertaken using his user data. After every use, the user must exit the area protected by the password. If the user becomes aware that third parties have gained knowledge of his user data or that his user data is being used improperly, he is obliged to inform Gigaset immediately in writing at the following address: Gigaset Technologies GmbH, Frankenstr. 2, 46395 Bocholt, Germany.

3.5      On receipt of notification as per 3.4, Gigaset will immediately block access to the password-protected area using this user data. The block may be removed only after the user makes a special application to Gigaset.

3.6      The user can request deletion of his registration at any time in writing. Deletion takes place as soon as any current contractual relations have been processed by deleting all user data and any other personal data that is stored.

3.7      If Gigaset ceases the operation of the Gigaset Portal either in whole or in part, or ceases one or multiple password-protected areas on the Gigaset Portal in whole or in part, Gigaset reserves the right to delete user data stored in connection with the terminated area.

4 Rights of use for the contents of this website

4.1      The use of the product-related information, software and documentation, e.g., texts, graphics, images, videos, product images and user manuals, made available on the Gigaset Portal (hereinafter: "portal content") is subject to the following conditions. Separately agreed licence conditions take priority over these conditions.

4.2      In the relationship with the user, all rights, in particular the proprietary rights of use and exploitation, relating to the content available on the Gigaset Portal are reserved exclusively by Gigaset.

4.3      Unless specified otherwise in 4.3 to 4.5, the user of this website is authorised to access website content stored on the Gigaset Portal for his own information purposes, to display the content on his computer and to store the content in the cache or buffer temporarily for this purpose as well as to store and to use csv-exports. Other types of use, in particular permanent storage and the production of copies, as well as the use of the data for personal or third-party business purposes, are expressly prohibited.

4.4      Reproduction, publication, distribution, rental, processing or sale and simple forwarding of the website content to third parties, in particular for commercial purposes, are not permitted.

4.5      The software made available for download on the Gigaset Portal may contain open-source software. Rights to which the Customer is entitled on the basis of the licence conditions for the relevant open-source software remain unaffected.

4.6      Use of the Gigaset Portal is only permitted for commercial use within the scope of the business relationship between  the user and Gigaset or a Gigaset Company.

5 User obligations

5.1      The user is also obliged to satisfy the recognised principles of data security to protect the data and to comply with the obligations of the data protection provisions. During interactive use of the Gigaset Portal, e.g., through use of the stored contacts the user is not permitted to do the following in particular:

• Cause harm to persons or to violate their personal rights
• Behave immorally
• Violate commercial protection rights and copyrights or other rights of ownership
• Transmit content with viruses, Trojans or other programming that can damage software
• Enter, store or send hyperlinks or content to which he has no entitlement, in particular if these hyperlinks or content violate obligations of confidentiality or are illegal
• Distribute advertising material or unsolicited eMails ("spam") or inappropriate warnings of viruses, malfunctions or similar or invite participation in competitions, pyramid sales, chain letters, Ponzi schemes and comparable campaigns.

5.2      Gigaset reserves the right to block access to the Gigaset Portal or the password-protected area at any time if the user violates his obligations as detailed in these conditions.