a. MDS Holding GmbH & Co. KG, business headquarters in Kirchhörder Str. 29, D-44229 Dortmund, Germany maintains a website under the URL www.mds-gruppe.de for the purpose of providing information to and enabling communication with online users.
b. As an online service provider, MDS Holding GmbH & Co. KG will collect, process and use any personal data (particulars concerning personal or material circumstances of a defined or definable person) only to such extent as is necessary to maintain the online service (inventory data). These data will be processed or used for other purposes only if you, the user, give your express consent to this effect. Neither does your using the website constitute such consent, nor is the use of MDS’s website subject to your consent.
c. You are entitled to revoke, at any time with future effect, your consent to having your data stored, processed and used. The notice of revocation may be submitted in written or electronic form. To revoke your consent, please send an email to email@example.com
2. Responsibility for contents
a. MDS Holding GmbH & Co. KG is responsible for the contents provided on the website in accordance with general law.
b. MDS Holding GmbH & Co. KG shall be liable for third-party contents made available through the website only insofar as such contents are known and reasonable technical means exist to prevent the use of such contents.
c. Any liability for third-party contents which MDS Holding GmbH & Co. KG merely mediates access to is excluded. Any automatic and short-term provision of third-party contents in the context of user queries shall be deemed as such mediation of access.
d. The obligation to bar the use of illegal contents pursuant to general law shall remain unaffected if MDS Holding GmbH & Co. KG gains knowledge of such contents in compliance with the secrecy of telecommunications according to Section 88 TKG (German Telecommunications Act) and if barring these contents is technically possible and reasonable.
MDS’s Website may contain hyperlinks to third-party websites. MDS neither accepts any responsibility whatsoever for the contents of these websites nor endorses these websites or the contents thereof; MDS does not control the linked information and is not responsible for the linked contents and information. Any use of such contents and information is at the risk of the user.
4. Duties of the user
a. The user may not transgress the standards of public decency when using MDS’s website; – violate any industrial property and copyrights or other property rights; -upload any contents infected with viruses, so-called Trojan horses or other malware that may be harmful to software; – enter, store or send hyperlinks or contents he or she is not authorised to, especially if such hyperlinks or contents are illegal or in breach of any secrecy obligations; or – propagate any promotional material or send unsolicited emails (so-called spam) or incorrect warnings of viruses, dysfunctions and the like, or to call for participation in sweepstakes, snowball systems, chain letters, pyramid schemes, and similar activities.
b. MDS is entitled to bar access to its website at any time, especially if the user violates his or her duties under the present terms.
5. Intellectual property
a. Any information, brand names and other contents provided on MDS’s website may not be modified, copied, multiplied, sold, rented, used, supplemented or exploited otherwise without the prior written consent by MDS.
b. Outside of the rights of use and other rights expressly granted herein, the user shall not be granted any rights whatsoever, especially concerning the name of the company or industrial property rights such as patents, utility models or brands; neither is MDS obliged to grant such rights.
c. Any ideas or suggestions the user posts on the website may be exploited by MDS at no cost for the purpose of developing, improving and marketing the products in MDS’s portfolio.
6. Liability for flaws in title and quality defects
a. Insofar as any information, software or documentation is made available at no cost, liability for flaws in title or quality defects of the information, software and documentation provided, especially for the correctness, freedom from defects, freedom from any third-party property rights and copyrights, completeness and/or usability shall be excluded, except in cases of malice or fraud.
b. The information provided on MDS’s website may contain specifications or general descriptions of products which are not necessarily present in any given case (e.g. because of product changes). Therefore, the desired performance characteristics of the products are to be agreed upon on an individual basis at the time of purchase.
7. Other liability, viruses
b. Although MDS always seeks to keep its website virus-free, MDS does not guarantee such freedom from viruses. Prior to downloading any information or documentation, the user must, for his or her own protection and to prevent the infection of MDS’s website with viruses, be sure to have an appropriate safeguard and virus scanner in place.
c. The above provisions under a. and b. shall have no effect on the burden of proof to the disadvantage of the user.
8. Collateral agreements, place of jurisdiction, applicable law
a. Any collateral agreements must be made in writing.
b. The place of jurisdiction shall be Dortmund if the user is a businessperson in the meaning of the German Commercial Code.
c. These terms are governed by German law, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods.