Conditions of Use for Users of Customer & Project Services (CPS)
1. Subject matter of the Conditions of Use
1.1. Schüco International KG, Karolinenstrasse 1-15, 33609 Bielefeld (referred to hereinafter as the “Provider”) operates an electronic platform in the form of a cloud solution which can be used to manage customer and project data. The platform is called Customer Project Services (CPS). It shows typical metal fabrication projects of the Provider and companies affiliated with the Provider in accordance with section 15 of the German Stock Corporation Act (Aktiengesetz, AktG) (hereinafter referred to for simplicity as “projects”) in which the Provider’s customers are or can be involved.
1.2. An agreement regarding use of CPS by customers of the metal fabrication segment is in place between the Provider and its customers. You are an employee or representative of the customer – also referred to hereinafter as a “user” – and have been selected by the customer to act on its behalf in CPS as a user. Your use of CPS will be on behalf of the customer.
1.3. These Conditions of Use govern your access to and use of CPS as a registered user.
2. Modifications to the Conditions of Use
2.1 The Provider reserves the right to modify these Conditions of Use at any time, including with effect for current contracts. The Provider will notify you of such modifications at least 30 calendar days before they are scheduled to take effect. You will be deemed to have validly agreed to the modified Conditions of Use if you do not reject them within 30 days of receipt of the notification. If you do reject them, your right to access CPS will end.
3. Authorisation to register to use CPS
3.1. If you have been nominated as a user of CPS by the customer, you will receive an email at the email address specified by the customer asking you to register in “My Workplace” at the web address www.schueco.com. You must register in “My Workplace” in order to use CPS. You cannot use CPS without registering. If you are already registered in “My Workplace”, this part does not apply. After you have registered in “My Workplace”, or if you are already registered, your access to CPS will be activated within a few days. We will send you an email to inform you when this has been done. This email will contain a link for logging in to CPS. There is no charge to you for registering in “My Workplace” and using CPS. Any payment which may be required to use the Provider’s services is payable by the customer. You are authorised to register to use CPS because the customer has nominated you as a user.
3.2. You personally acquire no claims against the Provider in connection with use of CPS. Only the customer on whose behalf you engage with the Provider is entitled to such claims.
3.3. You are permitted to use CPS only if you are of full age and have full legal capacity. Minors are not permitted to register to use CPS.
3.4. The contact details and other information requested during the registration process, in particular your first name, surname and email address, must be provided correctly and in full.
The Provider reserves the right to check the information requested and provided by you to ensure that it is complete and plausible. If the Provider considers that the information is correct and if it has no other reservations, you will be permitted to access CPS as requested and will receive notification of this via email.
4. Responsibility for login details
4.1. During the registration process, you will be asked in “My Workplace” to provide an email address and password. Once your login has been activated, you can use this information to log in in “My Workplace” and use CPS.
4.2. You must keep the login details, including the password, secret and must not make them accessible to unauthorised third parties.
It is also your responsibility to ensure that only you log in to and use CPS with your login. If there is reason to suspect that unauthorised third parties have obtained or will obtain access to your login details, the Provider must be informed without delay.
You must keep your details (including your contact details) up to date. As you cannot change these details yourself, you must notify the Provider of any changes without delay.
5. Termination of participation
5.1. Your access to CPS will end automatically, with no need for notice of termination or other communication to you, on termination of the contractual relationship between the customer and the Provider or if the customer notifies the Provider that it wishes to withdraw your status as user. The customer is entitled to withdraw that status at any time.
5.2. Access can be terminated by you or the Provider by giving four weeks’ notice.
5.3. The Provider reserves the right to disable your access to CPS temporarily or permanently if the criteria agreed with the customer in the user agreement are met.
5.4. The Provider is entitled to permanently delete any data generated during your participation in CPS 30 calendar days after your access to CPS ends, notice to terminate access takes effect or your access is deactivated, and following expiry of any statutory retention periods.
6. Services and service availability
6.1. Depending on the agreements in place with the customer, the Provider places various services in CPS at the customer’s disposal for use on a time-limited basis.
6.2. You have no personal entitlement to access CPS in general or any specific functions/content in CPS in particular. Only the customer you act for has any such entitlement.
7. Protection of content, responsibility for third-party content
7.1. The majority of the content available in CPS is protected by copyright or other intellectual property rights and is the property of
- the Provider or
- the customer or the customer’s other users or third parties (hereinafter “third-party content”)
who made it available in CPS.
The compilation of content as such may be protected as a database or database work within the meaning of section 4(2) and section 87a(1) of the German Copyright Act (Urhebergesetz, UrhG). You are permitted to use this content only as set out in these Conditions of Use and within the limits specified, and only in accordance with the agreements made between you and the customer.
7.2. Information obtained via CPS, in particular information concerning possible delivery dates or other supply/product terms of the Provider, is non-binding unless explicitly designated as binding.
8. Placement of content in CPS by you
With due regard for the rules set out below, you can place content in CPS and so make it available to third parties.
8.1. By transmitting content to the Provider using the functions provided for this purpose in CPS, you authorise the Provider to add the content and make it available in CPS. With respect to you, the Provider is entitled but not obliged to add content transmitted to it to CPS
8.2. Content you transmit and place in CPS must be genuine. Information transmitted to the Provider must be carefully compiled and objectively accurate. Point 10 also applies.
8.3. By transmitting content, you, on behalf of the customer for which you act, grant a gratuitous, transferable and non-exclusive right to use that content, and in particular
8.3.1. to store the content on the Provider’s server/servers, to publish it, and in particular to make it available to other users (e.g. by displaying it in CPS),
8.3.2. to adapt and duplicate the content insofar as this is necessary for provision or publication of that content and permitted by the functions of CPS, and
8.4. If you take down your content from CPS using the functions provided for that purpose, the right of use and exploitation granted to the Provider above will lapse. However, the Provider will continue to be entitled to retain copies for backup and/or compliance purposes. Rights to use content you have placed in CPS already granted to users will likewise remain unaffected.
8.5. You have full responsibility for content you make available. The Provider does not review content for completeness, correctness, conformity with the law, currency, quality and fitness for a particular purpose.
8.6. You and the party you represent declare and warrant to the Provider that you are the sole owner of all rights in and to the content transmitted or are otherwise entitled (e.g. by way of a valid authorisation from the owner of the rights) to transmit the content to the Provider, to place the content in CPS for use, and to make it available via CPS for use by its users. Therefore, before transmitting any images, plans, drawings, sketches and other information, you must ensure that you have adequate rights to use them and the individual files concerned and that by making them available in CPS you will not violate statutory provisions, transgress standards of public decency and/or breach rights of third parties. You may transmit photographs featuring identifiable individuals only with the valid consent of those individuals.
8.7. The Provider reserves the right to reject content submitted to CPS and/or to edit, disable or remove content already in CPS without notice if the act of placing the content in CPS by the user concerned or the content itself has resulted in breach of point 10 or there is clear evidence that there will be a serious breach of point 10. When doing so, the Provider will take appropriate account of your legitimate interests and the legitimate interests of the party you represent and will choose the least severe means of averting a breach under point 10.
9. Right to use content available in CPS
9.1. Unless any further use is explicitly permitted in these Conditions of Use or in CPS or enabled by a corresponding function (e.g. collaborative working, download button),
9.1.1. you may access and display the third-party content in CPS only for the purposes of the party you represent. This right of use is granted only for the duration of the contractually agreed use of the CPS;
9.1.2. you are not permitted to adapt, modify, translate, show or present, publish, exhibit, duplicate or disseminate third-party content or any part thereof available in CPS. It is also prohibited to remove or modify copyright notices, logos and other markings or protection notices.
9.2. You and the party you represent may download or print out content only if a download or print function is available in CPS (e.g. using a download button).
9.3. The customer will receive a perpetual and non-exclusive right to use third-party content properly downloaded or printed out by you for its own purposes in connection with the project it is working on via CPS. All other rights to the third-party content will be retained by the original owner of the rights (the Provider or the third party concerned).
9.4. Automated querying of the content in CPS using scripts, circumvention of the search function, search software or other methods is prohibited. You and the party you represent also undertake not to use the content published in CPS, or any part or extract thereof, to create your own database for the purpose of providing information or for commercial exploitation in any other manner in pursuit of objectives not related to the project concerned.
10. Prohibited activities
10.1. The services provided in connection with CPS are intended exclusively for commercial use by customers and their users for the purpose of joint management of metal fabrication processes in connection with specific projects. They must not be used for any other purpose or in a manner not covered by the user agreement with the customer concerned and by these Conditions of Use, unless the Provider has expressly authorised such use in advance, in text form or in writing.
10.2. You are prohibited from undertaking any activities in or in connection with CPS which violate applicable law, breach third-party rights or are contrary to the principles on the protection of minors. In particular, the following are prohibited:
10.2.1. the placement, dissemination, offering or advertising of content, services and/or products which are pornographic, which violate laws on the protection of minors, data protection law and/or other law, and/or are fraudulent;
10.2.2. the use of content which insults or defames other users or third parties;
10.2.3. the use, provision and distribution without express authorisation of content, services and/or products which are protected by law or third-party rights (e.g. copyrights).
10.3. In addition, regardless of any violation of the law, you must not undertake any of the following activities when placing content in CPS:
10.3.1. hacking attempts, i.e. attempts to override, circumvent or otherwise disable the security mechanisms of CPS, and in particular brute force attacks;
10.3.2. execution and/or dissemination of viruses, worms, trojans and other malware;
10.3.3. other activities or methods capable of interfering with CPS, including all hardware and software used to operate it, and/or capable of harming the Provider or users;
10.3.4. sending of junk mail, spam or chain letters;
10.3.5. harassment of other users e.g. by contacting the user repeatedly in the absence of any response from them or in defiance of their response or by encouraging or aiding in such harassment;
10.3.6. requesting other users to divulge passwords or personal data;
10.3.7. dissemination and/or public communication of content available in CPS, unless you have been expressly authorised to do so by the author of the content or a function for this purpose is expressly provided.
10.4. You are also prohibited from carrying out any act likely to adversely affect the proper operation of CPS and in particular to place an undue burden on the Provider’s systems.
10.5. If you become aware of any illegal use, misuse, use contrary to contract or other unauthorised use of CPS, please contact the Provider without delay. The Provider will look into the matter and take the appropriate action.
10.6. If there is any suspicion of unlawful or criminal acts, the Provider is entitled, and may be obliged, to review your activities and possibly to take appropriate legal steps. This may involve referring the matter to the public prosecutor.
11. Disabling of access
11.1. The Provider can disable your access to CPS temporarily or permanently if there is clear evidence that you are breaching these Conditions of Use and/or applicable law or have done so previously. The Provider will take appropriate account of your legitimate interests in any decision on disabling your access.
11.2. Your access will be permanently deactivated in the situation set out in point. 5.1 (termination of participation).
11.3. If your access is temporarily disabled, the Provider will reactivate it following expiry of the suspension period and will inform you of this by email. Accounts which have been permanently deactivated cannot be restored.
12. Liability
12.1. If you personally incur loss or damage as a result of using the CPS, the Provider will be liable only to the extent that the loss or damage arose as a result of use as contractually agreed and only in case of intent (including fraudulent intent) and gross negligence on the part of the Provider, and in case of breach of material contractual obligations. Material contractual obligations are obligations the performance of which enable proper use and on fulfilment of which you may ordinarily rely. In case of breach of material contractual obligations, the Provider’s liability is limited to loss or damage which is foreseeable and typical for the type of contract concerned.
12.2. The foregoing limitations of liability do not apply to the Provider’s liability arising from intentional acts, for guaranteed characteristics, for loss of life, bodily injury or damage to health, or under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG).
13. Notices
Any and all notices intended for the Provider, including notice of termination, should be sent to the company affiliated with the Provider from which the customer you are acting for usually purchases goods. Notices will be deemed to have been received by the Provider upon receipt by the affiliated company.
14. Miscellaneous
These Conditions of Use are governed exclusively by German law without giving effect to the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).
Status: January 2022
