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Terms & conditions

Introduction

Hello! Welcome to the website of cesah GmbH, the Centre for Satellite Navigation Hesse. Please read the following information about our terms and conditions of our website "cesah.com". By using this website, you agree to the terms and conditions stated here. The owner of this website reserves the right to change, delete or amend the information on this website at any time without prior notice.

Please note that this is a translation and that the original terms & conditions are provided in German – we made use of deepl.com to create this translation.

[Die deutsche Version der Nutzungsbedingungen finden Sie hier]

§1 Area of application

  1. The following terms and conditions apply to the use of the website "cesah.com" (hereinafter referred to as "website" or "web pages"). In particular, this is an online platform for participants of the ESA Business Incubation Programme in Hesse.
  2. The offer also applies to the following pages (URLs)
    • www.esa-bic-hessen.de
  3. We refer to users who do not have a profile as defined in §4 as visitors. In order to use the website, it is important that you, as a registered user, accept the following terms and conditions.
  4. By using our website, you agree to the terms and conditions of our website. By agreeing, you warrant to us that you will not upload/download files that violate our terms and conditions.
  5. You can access the currently valid terms and conditions at cesah.com/nutzungsbedingungen and print them out if required.
  6. The subject matter of cesah.com is the following:

§2 contact details and legal matters

Should you have questions regarding the usage of our website you can reach us via the following contact details:

cesah GmbH
Robert-Bosch-Straße 7
64293 Darmstadt
info@cesah.com

§3 Conclusion of contract and user account

  1. By completing the online registration process and creating a profile, a contract of use is concluded with the operator. The subject of the user contract is the free use of the profile for purposes within the scope of the cooperation with the ESA Business Incubation Centre Hessen, represented by cesah GmbH.
  2. The creation of a profile requires the creation of a user account. This consists of a user name and a password ("log-in data").
  3. The creation of a user account is only possible if the user provides a current email address. This email address is also used for communication with the operator.
  4. The users assure that the data used in the creation of their profiles ("profile data") are accurate and complete. The use of pseudonyms is permissible to the extent that they can be assigned without doubt to a founding member. If there are doubts about the assignment, the profiles will not be activated or deleted.
  5. The contract language is exclusively German.

§4 Use of the profi

  1. When using the profile, users can make use of several services:
    • Users have the option of downloading contract data for incubation from the cesah-cloud.
    • Users have the option of transferring their own content, in particular completed contract data, to the cesah-cloud.
    • Users have the option of accessing selected training content via the platform.
  2. The operator is entitled to block access to individual contents at any time, e.g. if there is suspicion that they violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
  3. The operator endeavours to ensure trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The operator is at liberty to restrict access to the portal in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events beyond its control.

§5 Users' duty of cooperation: Upload of files

  1. Users pledge to comply with applicable law (e.g. criminal law, competition law and youth protection law) when creating and using their own content and not to infringe any third-party rights (e.g. rights to a name, trademark, copyright and data protection rights).
  2. The users are obliged to ensure that any content that is posted by them on the portal does not violate applicable law or morality either through its content or its form. The same applies to the setting of external links, including in documents. In particular, it is not permitted to disseminate content that represents, concerns or includes
    • racism
    • the glorification of violence and extremism of any kind
    • incitement to commit criminal offences and breaches of the law, threats against life, limb or property
    • incitement against persons or companies
    • statements violating personal rights, slander, and defamation of users and third parties as well as violations of the law on fair trading
    • copyright infringing content or other infringements of intellectual property rights
    • sexual harassment of users and third parties
    • pornography
    • offensive, sexist, obscene, vulgar, vile or disgusting material and language
  3. Content protected by copyright may only be included verbatim without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and indicating the source. Foreign-language quotations must also be translated into German or English to the extent that the content is roughly evident. In particular, incorrectly quoted content may be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.

§6 further duties of cooperation through the users

  1. Without the express permission of the operator, the users may only use the portal for purposes related to the cooperation and may not advertise for themselves or third parties. This means in particular that users may not use any content with advertising content without the consent of the operator and the recipient.
  2. In the event that the users make use of the possibility to inform third parties about the existence of the portal, they must ensure that the third party agrees to the sending of the advertising recommendation.
  3. The users are obliged to handle the log-in data with care. Without exception, users are prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by circumventing the log-in data.
  4. Users must refrain from any activity that is likely to impair and/or place an excessive burden on the operation of the portal or the technical infrastructure behind it. This includes in particular:
    • the use of software, scripts or databases in connection with the use of the portal
    • the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the portal
    • The upload of disproportionately large files
  5. Should there be any disruptions in the use of the portal or its functionalities, the user shall inform the operator of this disruption without delay. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

§7 Usage rights

  1. The users grant the operator a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous right, transferable to third parties, to utilise the documents posted in the online offer. The operator is entitled to use, edit and exploit the documents at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public.
  2. All rights to the contents of the portal belong to the operator. Users are prohibited from copying, distributing and/or publishing content that the operator or third parties have posted on the portal.

§8 Liability

  1. We make every effort to ensure that the services of cesah.com are available without interruption and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. User access to cesah.com services may also occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities. We will attempt to limit the frequency and duration of any such temporary interruptions or limitations. 
  2. Unlimited liability: The operator is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. The operator shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
  3. In other respects, the following limited liability applies: In the case of slight negligence, the operator is only liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the users may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of the operator's vicarious agents.

§9 Indemnity claim

The users indemnify the operator and its employees or agents against all claims by third parties arising from alleged or actual infringement of the law and/or infringement of the rights of third parties through actions undertaken by the users in connection with the use of the portal. In addition, the users undertake to reimburse all costs incurred by the operator as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defence.

§10 personal data

  1. Users hereby consent to the storage of the personal data they have entered. This also applies to the storage of IP addresses that are transmitted each time the portal is used.
  2. The users agree that advertisements of third parties, of whatever kind, may be displayed on the pages.
  3. The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data with care and to process it exclusively within the scope of the user's consent under data protection law. Any further use of personal data by the operator will only take place if this is legally permissible or if the users have given their prior consent.
  4. Users also agree that the operator may use personal data of users for direct marketing purposes. This includes contacting users by e-mail for advertising purposes.

§11 contract duration / termination

  1. The contract shall run for an indefinite period and may be terminated by either party at any time without observing a notice period and stating reasons.
  2. In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
  3. For the operator, good cause for termination of this contract exists if the customer persistently violates his obligations according to section 4 or 5 of this contract.

§12 final provisions

  1. Should the contract contain invalid provisions, the validity of the rest of the contract shall remain unaffected.
  2. The present contract shall be governed exclusively by German law.

cesah GmbH Centrum für Satellitennavigation Hessen
Robert-Bosch-Straße 7 (TIZ)
D-64293 Darmstadt

Gebäude C, 3. Stock

Tel: +49 (0) 6151 392 156 10
E-Mail: info@cesah.com