General Terms and Conditions for Using goTRESOR
goTRESOR is a portal operated by GOGU Systems GmbH (hereinafter referred to as “GOGU”) and offering a variety of services (online resources, means of communication etc.) that can be used for exchanging contents (data and/ or information) with specific persons (customers, clients, partners, employees, friends etc.).
By registering as user at goTRESOR, the registrant (hereinafter referred to as “user”) accepts the following General Terms and Conditions for the use of goTRESOR (hereinafter referred to as “GTC”). GOGU operates the services of goTRESOR under various top-level domains (e.g. goTRESOR.de) as well as under different subdomains and aliases of these domains. All websites on which GOGU provides the services of goTRESOR will hereinafter be referred to as “goTRESOR websites”. These GTC govern the contractual relationship between the user and GOGU, regardless of the goTRESOR website which the user registers or logs on. The user agrees to these GTC.
1. The offering addresses persons who use the goTRESOR websites for private purposes and/ or commercial purposes. This means that the user is permitted to use goTRESOR for his business.
2. Using goTRESOR websites is a fee-based service. The prices are displayed on the offering page. However, GOGU reserves the right to change the service fees at any time, change the content of the websites, change, enhance, or reduce the scope, or even to stop the services completely. The user may not claim any rights of fulfilment or compensation for damage from these changes.
3. Any use beyond the designed possibilities of the goTRESOR websites requires previous written consent by GOGU.
4. GOGU is authorised to remove unlawful content from the goTRESOR websites without advance notice.
III. Availability of goTRESOR
1. Hundred per cent availability is technically not possible. The user is aware of this fact. GOGU reserves the right to suspend or restrict the servicers for maintenance, security, or capacity reasons. However, GOGU will make an effort to keep the goTRESOR websites as constantly available as possible. Especially maintenance, security, or capacity issues as well as events that are beyond GOGU’s area of influence (such as failures of public communication networks, power outages etc.) may lead to short-term disruptions or temporary discontinuation of the services on the goTRESOR websites.
2. Moreover, GOGU is authorised to establish rules and restrictions regarding the use of the services, especially concerning:
a. the maximum number of days, e-mails, publications in forums, or other contents that are entered,
b. the maximum number of e-mails that may be sent or received from an account in the service,
c. the maximum size of an e-mail that may be sent or received from an account,
d. the maximum size of hard-disk storage that is granted to the user in the goTRESOR servers, and
e. the maximum number of his visits in the services within a specific period of time (and the maximum duration of a visit).
3. GOGU points out that the technical processing and transmission of the services, including the contents entered by the user, may require transmissions to be made via several networks and/ or changes to be made to meet the technical requirements of connected networks or other technical arrangements.
1. The user contract closed between the user and GOGU becomes effective as soon as the user has registered on the goTRESOR websites and GOGU does not reject the registration immediately. The General Terms and Conditions, the revocation terms, and the data protection information are integral parts of the user contract.
2. The user guarantees that all data shared at the time of registration are correct and complete. He is obliged to notify without delay any change in the user data. He may not use pseudonyms or stage names.
3. When registering, the user selects a password. He is assigned a personal account. The user may share neither the password nor the account with any third party. All actions taken under the usage of his password or his account are assigned to the user.
4. The user is obliged to notify without delay GOGU about any misuse of his password and any violation of security regulations.
The user also must make sure that he logs out after each use.
5. Every user may register only once and create one user profile.
6. GOGU is technically not able to establish whether a user logged into goTRESOR websites is actually the person the user pretends to be. Hence, GOGU does not take over any guarantee for the actual identity of a user. Every user must pay special attention to the identity of any other user.
V. Responsibility for Content
GOGU provides the user only with a technical platform to enable him to exchange personal and/ or business-related content (data and/ or information) as well as communicate with other users. The user is solely responsible for the correctness, completeness, and rightfulness of the data entered by the user within the usage of services, and for the content uploaded by him. GOGU is not liable for this. GOGU does not check the rightfulness of these contents, and takes note of them only to the extent required for contract fulfilment. Legal verifications as per clause VII remain unaffected. Nor is GOGU responsible for contents made available to the user by using the Internet services. The liability of GOGU for its own content remains unaffected.
VI. Obligations of the User
1. For registering at goTRESOR, a user name and a password are required. The user needs this password to access the services rendered by goTRESOR. He is obliged to keep this password secret and prevent the misuse by third parties. If the misuse of a password becomes possible as a consequence of circumstances for which the user is responsible, the user is liable for any damage caused to GOGU.
2. The user may use the services only in accordance with these General Terms and Conditions and in compliance with German law. In particular, he is obliged,
VII. Blocking, Release
1. GOGU is authorised to exercise his right to refuse performance, especially to block the access to the concerned service, for the time of duration of the prerequisites described below.
2. GOGU is authorised to threaten the user with the blocking of the concerned service.
if third parties claim or credibly show infringements caused by contents or the use of the services by the users, or
if there is – for other reasons – reasonable doubt about the rightfulness or contract conformity of the service usage.
3. GOGU informs the user without delay and in written form about an existing or threatening blocking and the related cause, and concedes him a reasonable period for a statement that is adequate to the cause. If the user does not remove the reason for the threatened blocking, GOGU is authorised to execute the blocking. The blocking or its threat will be annulled as soon as the user proves towards GOGU the contract conformity and lawfulness of the contents, or the circumstances that caused the blocking no longer exist and have come to GOGU’s attention.
4. The user releases GOGU from all disadvantages including the costs incurred by the fact that third parties have made use of him, because the user has either committed damaging action or used the services in an improper fashion.
VIII. Liability of GOGU
GOGU is fully liable for breaches of duty caused by GOGU or its agents in case of deliberate intention and gross negligence. In addition, GOGU is also fully liable for damages caused by slight negligence in case of infringement of major contractual obligations. For the rest, the liability of GOGU in case of simple negligence is limited to the foreseeable damages typical for this type of contract.
The legal liability for personal injuries and the liability as per the Product Liability Act remain unaffected.
GOGU is liable for the recovery of data only where the customer has made sure that the data can be reproduced with reasonable effort from data stocks made available in machine-readable form. The liability for deliberate intention remains unaffected.
IX. Data Security
For GOGU, data security is of key importance. GOGU operates measures for data security such as the use of a firewall, encryption algorithms for data backup, access security (SSL), or filtering functions.
The user is made aware that, in the Internet as an open communication system, security leaks may occur at any time, which were not known until they occurred and did not have to be known from a state-of-the-art perspective. Upon knowledge and verification of security leaks, GOGU will take measures to the extent required. The user will also install state-of-the-art security components, software updates, and patches on the system located in his sphere of risk, carry out security checks and data backups on a regular basis, and use cryptographic procedures in case of very high security needs to protect against unauthorised knowledge and/ or change of data.
Both parties have the right to cancel the contract with immediate effect. The cancellation from the user will be carried out in writing via mail or fax. Upon cancellation of the contract, all user data will be deleted from the goTRESOR websites upon request.
The cancellation by GOGU will also be performed in writing via mail or fax to the address stated by the user.
XI. Final Provisions
1. No ancillary verbal agreements have been made.
2. For this contract, German law applies.
3. GOGU reserves the right to change these GTC at any time and without giving reasons. The changed terms and conditions will be sent to the user via e-mail two weeks before they become effective, the latest. If the user does not refuse the new GTC via e-mail within 2 weeks upon their receipt, the new GTC are deemed accepted by the user and integrated into the user contract. GOGU will expressly inform the user in the e-mail that he has to reject the new GTC, otherwise they are deemed as agreed.
4. All declarations transmitted in the context of the user contract to be closed with GOGU must be made in writing or via e-mail. The e-mail address of GOGU is firstname.lastname@example.org. The mail address and the e-mail address of a user is the one stated by the user as current contact details in the user account. GOGU reserves the right to change the own e-mail address stated above. The user is informed about this.
5. Should any of these provisions be or become ineffective, the rest of the contract remains effective.