General Terms and Conditions
1. General Terms
These General Terms and Conditions apply to the purchase of products of GreenEarthAnalytics on https://greenearthanalytics.com/. The applicability of any Terms and Conditions of the Client is excluded.
2. Contracting party
Contractual partner of the Client is:
GreenEarthAnalytics GmbH, Röntgenstrasse 14, 95478 Kemnath, Germany
EU VAT ID: DE338825301
(hereinafter referred to as “GEA“).
3. Conclusion of Agreement
3.1 By clicking on the button “Buy now” on GEA’s payment page, the Client makes a binding offer to purchase the product in the shopping cart and agrees to the validity of these General Terms and Conditions.
3.2 A binding Agreement shall only be concluded upon GEA’s declaration of acceptance, which shall be sent by a separate e-mail (order confirmation), at the latest, however, upon the product being made available. If GEA does not issue a declaration of acceptance within 5 working days, the Client’s order has not been accepted.
4. Product of the Agreement, product modifications and rights of use
4.1 GEA creates and operates product databases as a basis for an analysis of organisations in relevant markets in accordance with the GEA analysis program and produces its products on the basis of these data and GEA’s market know how and GEA’s individual view on the relevant market. The Client acknowledges that GEA has made use of research results or sources of information from third parties or from the public domain, which GEA has reasonably reviewed to be reliable under normal circumstances but which GEA has not verified in further detail and which may have caused certain individual statements or findings in the product to be inaccurate. By the nature of the product, the product reflects GEA’s individual market perception and considerations as per publication date of the product and the product cannot be considered as providing objectivied facts in any respect. It is the Client’s own responsibility to draw its own conclusions from the product. The product does not contain any recommendation and is for information purposes of the Client only.The Client has made his choice for the product to be delivered by clicking the “Buy Now” option from the following alternatives:
a) single user package: one user license (i.e. access limited to one user/reader);
b) team package: five user licenses for members of Client country organization (i.e. access limited to five users/readers of the Client’s organisation in the country where the Client is domiciled),
c) corporate package: unlimited user licenses for members of Client country organization (i.e. access for an unlimited number of users/readers in the country where the Client is domiciled).
4.2 The products are subject to applicable copyright law and any copying, distribution or use beyond the expressed scope of use as hereinafter defined is not permitted and therefore prohibited. The scope of use is limited as follows for the respective product (and any parts thereof): non-exclusive use for an unlimited period of time for such number of users/readers in such territory as provided for in the description of the product chosen pursuant to Clause 4.1.
4.3 forwarding to additional users/readers or distribution of physical or non-physical copies of the product or of parts thereof to users/readers additional to such number of users/readers or to such territories permitted under Clause 4.1 must not occur.
Notwithstanding the generality of the foregoing sentence, the following uses or measures regarding the products (or any parts thereof) are particularly (without limitation) prohibited:
- making the product of the Agreement publicly available to third parties or non permitted users;
- the systematic and methodical transfer of the data made accessible by GEA (even of insignificant parts in terms of type and scope) into another system or into the database of a third party or comparable actions which run counter to a normal evaluation of the data or unreasonably impair the legitimate interests of GEA;
- a transfer or resale of the information or data to other third parties or non permitted users, whether natural or legal persons;
- any processing of the product.
4.4 The right of use under Clause 4.2 shall be granted to the Client alone. The Client acknowledges that the copies of the product made available to the Client hereunder are watermarked to allow GEA to verify compliance of any product available with the scope of use as set forth in these Terms and Conditions.
4.5 In particular, without limitation, GEA retains the right to use the product or parts thereof, e.g. slides, tables or illustrations, unaltered or in other forms or formats in any other work products and/or for other clients and to change or amend the product after delivery as GEA thinks fit.
4.6 GEA shall make the respective ordered product of the Agreement available pursuant to Clause 6.1. GEA will store the generated product in the user account only for a maximum period of 12 months and will delete it upon expiration of this period.
4.7 No third party may rely directly or indirectly on the product or anything or any facts mentioned or displayed in the product. The Client acknowledges and agrees that GEA delivers the product exclusively for the Client’s internal use.
4.8 The Client acknowledges that the latest version of a suitable pdf reader is required to view and print the product and the Client will obtain such software and the required licence(s) to use it on its own behalf and own account.
5.1 All prices as stated on https://greenearthanalytics.com/are in euros and excluding the applicable statutory value added tax.
5.2 The Client can use the payment methods displayed at the end of the ordering process.
5.3 In the case of purchase against invoice, GEA will only make the product available once full payment has been received.
5.4 The payment data entered will not be stored by GEA, but may be stored by the respective selected payment provider. The respective data protection provisions of the payment service provider apply in this respect.
6. Delivery, access and use
6.1 As part of the order confirmation, the Client will receive a link to a personalised download page from where the Client can download the respective ordered product of the Agreement. The Client has access to the personalised download page for the duration of twelve months upon ordering the respective product. The number of downloads are limited according to the number of user licenses as explained in 4.1.
6.2 The Client undertakes to keep the link to the personalised download page confidential and will use it with the necessary commercial diligence and care and the Client will not allow for this data to become known by any third party or other non permitted user. The Client will prohibit any unauthorized access to or use of the product delivered hereunder. If the Client becomes aware that third parties or other non permitted users have or may have obtained or may be about to obtain knowledge of this data, the Client will immediately inform GEA thereof and will create new data for the Client’s personal access authorization as well as for the access authorization of all other users/readers permitted pursuant to the selected product category under Clause 4.1.
6.3 GEA is entitled to block access to the Client or to individual users/readers if there is reasonable suspicion of misuse of the data access.
6.4 The Client is obligated to provide GEA with information on the scope of its acts of use and of its compliance with this Agreement as reasonable requested by GEA from time to time.
7. Data protection, release from confidentiality, order processing
7.1 The collection, processing and use of personal data by GEA is carried out in compliance with the applicable provisions of data protection law.
7.2 To the extent necessary for the processing under this Agreement (e.g. server hosting, data transmission services), GEA may disclose personal data of the Client to third parties.
7.3 The provisions of the Agreement are supplemented by the data protection policy accepted during the ordering process.
7.4 GEA has the right (and the Client agrees to it), within the framework of the applicable statutory data protection provisions, to compile usage statistics on the extent of the Client’s use for the purpose of
- to conduct market research
- to detect and prevent improper use or use in breach of Agreement.
8.1 The Client is obligated to compensate GEA for any damage for which the user is responsible under applicable law or which is caused by improper use or misuse of the access data and/or the individual password(s) provided to the Client.
8.2 In case any third party claims an infringement of its rights on account of the product or of the product’s use by the Client against the Client, the Client will immediately inform GEA. GEA reserves the right, at any time, to change or amend the product in its discretion to avoid any such infringement or allegation thereof.
8.3 Liability claims of the Client for damages are excluded unless otherwise provided for in clause 8.7
8.4 The product is addressed to, and is solely for the benefit of, the Client and is not intended to be relied upon by any third party nor to create any third party rights (kein Vertrag zugunsten Dritter, kein Vertrag mit Schutzwirkung zugunsten Dritter). GEA, its affiliates and representatives shall have no liability for any direct, incidental, special, or consequential damages or lost profits, if any, suffered by any third party as a result of decisions made, or not made, or actions taken, or not taken, based on the product delivered unless otherwise provided for in Clause 8.7.
8.5 Subject to Clause 8.7, GEA shall not be liable for any limitations of or damage to the data processing equipment used by the Client.
8.7 GEA shall be liable – irrespective of the legal grounds – in case of intent and gross negligence. In the event of simple negligence, GEA shall be liable – for damages arising from injury to life, limb or health, as well as in the event of liability under the Product Liability Act; – for damages arising from the breach of a material contractual obligation; material contractual obligations are those obligations whose fulfillment is essential to the proper performance of the Agreement and on whose fulfillment the contractual partner regularly relies and may rightfully rely on. In this case, however, the liability of the Parties shall be limited to compensation for the foreseeable, typically occurring damage. The limitations of liability shall also apply in favor of GEA’s legal representatives and vicarious agents if claims are asserted directly against them. The defense of contributory negligence (Mitverschulden) remains open.
9. Statute of Limitation
All claims arising from the product shall become time barred as provided for in Section 199 (1) of the German Civil Code (BGB) or at the latest upon expiry of 5 years from the date on which the claim arose. This shall not apply to liability in the event of intent or gross negligence or in the event of injury to life, limb or health or under the Product Liability Act.
10.1 Should any provision of these Terms and Conditions be or become, either in whole or in part, void (nichtig), ineffective (unwirksam) or unenforceable (undurchsetzbar), the validity, effectiveness and enforceability of the other provisions of these Terms and Conditions shall remain unaffected thereby. Any such invalid, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed replaced by such valid, effective and enforceable provision as most closely reflects the economic intent and purpose of the invalid, ineffective or unenforceable provision regarding its subject-matter, scale, time, place and scope of application. The aforesaid rule shall apply mutatis mutandis to fill any gap that may be found to exist in these Terms and Conditions. It is the express will of the Parties that this severability clause does not result in a mere reversal of the burden of proof, but that Section 139 BGB in its entirety is waived.
10.2 If the invalidity of a provision is based on a measure of performance, consideration or time provided for in the Agreement of use, a legally permissible measure of performance, consideration or time that comes as close as possible to what was intended shall be deemed agreed.
10.3 The Client agrees to be contacted by GEA to receive technical information or information on new products. The Client may revoke his consent at any time informally by regular mail or e-mail.
10.4 These Terms and Conditions and the use of the product and any rights and obligations arising therefrom or in connection therewith are governed by, and shall be construed solely in accordance with, the laws of Germany under exclusion of the United Nations Treaty on the International Sales of Goods as well as any rule of applicable law which would lead to the applicability of any jurisdiction other than German law.
10.5 The exclusive place of jurisdiction for all disputes arising from contractual relationships between the Client and GEA shall be Frankfurt am Main, Germany unless prohibited by applicable law.