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
03. Contact initiation and personal data
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.
