Terms of service

Allgemeine Geschäftsbedingungen

01. General

(1) techstarter is a platform for initiating contacts between technology providers (“partner companies”) and companies of the EDEKA network. Companies of the EDEKA association within the meaning of these terms and conditions are the EDEKA cooperatives and their members as well as a) companies in which the EDEKA cooperatives individually or jointly directly or indirectly hold an interest of at least 50% and b) all companies that are entitled to bear the EDEKA “Block E” in accordance with the labeling guideline of the EDEKA Verband e.V.. The companies of the EDEKA association are hereinafter referred to as “merchants”; partner companies and merchants are hereinafter jointly referred to as “users”. 

 

(2) techstarter is offered and operated by EDEKA DIGITAL GmbH, New-York-Ring 6, 22297 Hamburg, Germany (hereinafter also referred to as “provider”). 

 

(3) The following general terms and conditions (GTC) apply to the use of techstarter. By using the services offered by techstarter, the users declare their agreement with them. Deviating general terms and conditions of the users are not recognized, unless the provider expressly agrees to their validity. 

 

(4) The provider reserves the right to make changes to techstarter at any time. Furthermore, he reserves the right to change or amend these GTC, if the legal situation or the highest court jurisdiction changes or if a change is necessary for technical reasons, due to the change of the range of services or for the optimization of the contents. The users will be informed of any changes to these GTC. If the users do not object to these changes within four weeks of receipt of the notification, the changes shall be deemed to have been accepted by them. The right to object and the legal consequences of silence will be pointed out to them by e-mail. 

02. Delimitation of responsibility 

(1) General

• techstarter is a platform for establishing contacts between partner companies and merchants; 

• techstarter offers partner companies the opportunity to present themselves to a relevant group of merchants; 

• Merchants can leave their contact details via the platform for contacting the partner companies for their products and services; 

• In general, sales contracts are concluded between the partner companies and the merchants. In the event that a partner company is listed on the platform of Bosch.IO GmbH (techstarter Dashboard), a purchase contract between merchants and Bosch.IO GmbH shall be concluded.

• The product information transmitted by the partner companies is checked by the provider for plausibility, but not for accuracy. This product information includes, for example: 

* Product images 

* Product information

* Company details, team, trivia and logo 

* Contact details of the contact person 

* Marketing materials 

* All order information 

 

(2) Partner companies

• The partner company bears the legal responsibility for the posted services and products (see item 3.). 

• The partner company has to provide complete and correct product information; 

• The partner company may not use contact data of the merchants, which it has received via techstarter, for any other purposes than for contractual and pre-contractual communication with them. In particular, the contact data may not be resold to third parties or used for advertising purposes, unless the express consent of the relevant merchants is available. 

 

(3) Merchants

• The merchants alone decide which services and products they wish to purchase from which partner company;

– The provider is not responsible for ensuring the partner companies’ ability to deliver. 

03. Contact initiation and personal data 

Partner companies have the opportunity to present their services and products to merchants via techstarter. For this purpose, the partner company must provide the provider with contact details. In case of inquiries from merchants to specific partner companies, the provider establishes a contact between both users. The provider is not responsible for the ongoing communication between merchants and partner companies. 

(1) The provider reserves the right to also charge fees for a listing of a partner company on techstarter. In this case, the provider provides a list of services and prices. 

(2) The personal data of the merchants (information about the request and contact details) will be forwarded to the partner companies after checking for suitability. There is a possibility that also the personal data of the partner company will be forwarded to the interested merchants. In the event that a partner company is listed on the Bosch.IO GmbH platform, the contact data of merchants will be forwarded to Bosch.IO GmbH and processed there exclusively in connection with the requested partner company. We reserve the right to hand over the data to authorities or the police in the event of suspicion of criminal conduct.

(3) By sending a request via the contact form, users agree to be included in the techstarter newsletter in order to be regularly informed about tech news. This can be revoked at any time via the newsletter and the own contact can be unsubscribed. 

(4) techstarter cannot guarantee that corresponding offers can be arranged for every inquiry. Neither the conclusion of a contract nor the successful execution of the contract is owed by techstarter. techstarter is not responsible for breaches of duty that arise in the context of a possible contractual relationship between merchants and partner companies. 

(5) The collection, processing and storage of data is carried out in accordance with the requirements of German data protection law and the EU General Data Protection Regulation. The privacy policy can be found on https://techstarter.edeka/en/data-protection/

04. Contents and logos 

The partner company retains all rights to the content uploaded to techstarter in relation to their product or service. If content including logos is uploaded, it grants the provider and other companies of the EDEKA group the license to use or copy this content as required in order to be able to operate techstarter or to inform merchants about the partner company and its solutions. This also includes the right to refer to the partner company and its products on its own and external pages of the EDEKA group, including appearances in social media (Facebook, LinkedIn, etc.) and to advertise these, including the use of the logo. The partner company also grants the provider the right to technically edit the content in the event of formal errors so that it can also be displayed on mobile devices or software applications. The information that partner companies transmit to us must be truthful, must not violate the rights of third parties, public law regulations or morality (“Inadmissible Content”). Partner companies please also note that they indemnify us against all claims that we incur as a result of information with inadmissible content and that was transmitted to us by them.

05. Liability 

(1) The provider is not responsible for the content provided or forwarded by the partner companies, including texts, images, videos, graphics, quotations, etc.. 

 

(2) No warranty or liability is assumed for the identity of the partner companies or for the correctness, accuracy, usability and completeness of the information found on techstarter. Accordingly, the provider is also not liable for errors, inaccuracies or incompleteness in connection with contents of techstarter and also not liable for losses or damages caused by the use of a content of techstarter. Paragraph (5) remains unaffected. 

 

(3) techstarter contains links to external websites of third parties, on whose contents the provider has no influence. Therefore, techstarter does not assume any guarantee or liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. A permanent control of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, such links will be removed immediately. 

 

(4) techstarter is generally available 24 hours a day, seven days a week. Downtimes that occur due to maintenance and/or due to technical updates are excluded from this as well as times in which techstarter is not or only limitedly available due to force majeure (e.g. hacker attacks, fire damage, failure of public telecommunication networks). The aforementioned cases do not represent a defect of the services, for which the provider also assumes no liability. Prerequisite for a full use of techstarter is the use of the latest (browser) technologies and app updates including a possible activation of, for example, Javascript, cookies, pop-ups, etc. The use of outdated technologies and apps may result in restrictions. 

 

(5) The provider shall be liable for intent and gross negligence without limitation, but for slight negligence only in the event of a breach of obligations that are essential for achieving the purpose of the contract (cardinal obligations). Liability in the event of a breach of a cardinal obligation shall be limited to the damage typical for the contract, the occurrence of which the provider had to expect at the time of conclusion of the contract based on the circumstances known at that time.. 

 

(6) The above limitations of liability shall also apply mutatis mutandis in favor of the Provider’s vicarious agents. However, they shall not apply in the event of injury to life, limb or health. The liability under the Product Liability Act remains unaffected. 

06. Exemption

The Partner Companies shall indemnify the Provider and the companies of the EDEKA Group against all claims asserted by others against the Provider or the companies of the EDEKA Group due to the content provided by the Partner Companies on techstarter and the products or services offered. This also applies to any fines and penalties as well as costs of the necessary legal defense in the statutory amount. The indemnification obligation shall not apply if the infringement of rights is not the responsibility of the partner company. In the event of a claim by a third party, the partner company is obliged to provide techstarter and the affected companies of the EDEKA Group immediately, truthfully and completely with all information and documents that are necessary for the examination of the claims and a defense.

07. Rights to techstarter

(1) techstarter contains data and information of all kinds that are protected by trademark and/or copyright in favor of companies of the EDEKA group or in individual cases also in favor of third parties. It is therefore not permitted to download, reproduce and distribute techstarter in its entirety or individual parts thereof, unless this has been expressly permitted. Permitted are mainly the technically required duplication for the purpose of using the platform.

(2) The techstarter logo as well as the claim “techstarter” are registered trademarks of the provider. Any unauthorized or improper use of these trademarks is expressly prohibited and constitutes a violation of trademark law, copyright law, other industrial property rights or competition law.

08. Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.;

(2) The place of performance and jurisdiction is the registered office of EDEKA DIGITAL GmbH, New-York-Ring 6, 22297 Hamburg.

(3) If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected.

Status: May 2021