§ 1 General
Rogarema is an international business search engine, allowing users to search through an international and multilingual platform of industries and keywords, businesses and branches, products and services, as well as international, multilingual, paid business registration which include listings of the business’s offered products or services. Our services, as well as the prices are to be accessed using the website. The Rogarema platform is run by the Company Rogarema GmbH (hereafter: “Rogarema”, “Rogarema GmbH” or “We”).
All legal relationships between the users of the Local/Regional portals under the respective top-level domains (hereafter “Users”) and (1) customers (hereafter “Customers”), Customers being parties who have placed Business Profiles and/or product or service listings on the website; and (2) Rogarema GmbH shall be governed by the conditions set out herein, except for where they have been modified or amended by individual Agreements between parties. A Contract is not created by the mere browsing of a User. Contracts shall only be formed with businesses. In all cases, the Customer must be of legal age of majority. Rogarema’s partners (hereafter “Partners”), shall assume responsibility for the other Local/Regional portals under the respective top-level domain.The conditions set out herein shall apply the use of the other Local/Regional portals and the relationships between the Partner on the one hand and the Users and/or Customers on the other, as far as the individual provisions can apply without being contrary to the binding local/regional laws to be applied in the respective countries/regions. The Contract for listing of a Business Profile on the Local/Regional portals is formed exclusively between the Customer and the respective Partner.
§ 2 Scope and Applicability of these Terms and Conditions
By using these services and/or submitting a completed registration form, the User declared his/her Agreement to be bound by the conditions set out herein. Any General Terms and Conditions the Customers themselves may have do not form a part of this Contract, except for special cases in which Rogarema GmbH has given express prior Agreement. Customers will be advised of amendments to Rogarema’s Terms and Conditions by facsimile, email, via the internet or in writing. If the customer doesn’t contest these amendments within four (4) weeks of notification, you shall be considered by us to have accepted the varied terms as part of the Agreement. The right to contest amendments and the legal consequences of an omission to contest amendments are specifically drawn to the Customer’s attention. The Contract is based on the valid price list which can always be accessed online.
§ 3 Registration
The Contract between the Customer and Rogarema GmbH governing the use of our services is formed by filling out and submission of the registration form. A successful registration can only be achieved by completely filling out all mandatory fields in the registration form. The Customer’s client number will be revealed in the browser window following submission of the registration form. This client number can be used to perform the initial login, which allows the Customer to fill in further details. The client number and the Customer’s password enable the Customer to log into his/her Profile Manager at any time, allowing the Customer to update his/her details, add branches and submit Market Place listings.
§ 4 Rogarema’s Rights and Obligations
Submitted data is stored by Rogarema on a web server for access, however 100% availability cannot be guaranteed for technical reasons. We do not assume any responsibility for, or guarantee an uninterrupted or continuous access to our service at all times, nor of secure, error-free or timely access. We do not assume any responsibility for the loss of any of the Customer’s data or information where such loss was avoidable through reasonable data backup measures on the part of the Customer. We reserve the right to perform maintenance on the web server and database; We shall, however, make every effort to minimise any possible inconveniences and disturbances caused. Rogarema is not obliged to accept registrations which are inconsistent with an applicable law, inconsistent with principles of political or religious neutrality or which contain immoral content. Furthermore, We reserve the right to refuse the registration of specific businesses, web portals or competing products in our industry index and/or search engine. False/prank entries may be amended or removed by Us at any time. We do not guarantee the content, completeness or legality of the listed entries. Rogarema GmbH may block or delete listings which a third party can reasonably indicate to be in violation of a legal right or obligation, or in the case of a third party showing reasonable doubt as to a listing’s legality, or if a listing is anti competitive or immoral. Customers are advised that Rogarema has no influence over the use submitted information. Rogarema may make limitations on and/or upgrades and other changes to these services at any time. In no case will Rogarema GmbH be taken to be party to any Contract between a Customer and a User based on a company registration or product or service listing. Rogarema GmbH is merely a facilitator. The Customer indemnifies Rogarema GmbH against any related claims by third parties.
§ 5 Customer’s Rights and Obligations
The Customer is responsible for the accuracy and legality of the submitted data, content and product listings. Furthermore, the Customer shall be responsible for the consistency of the aforementioned submitted data with statutory information provisions, such as the obligation of Advertiser’s Identification and is obliged to keep all data, content and product listings up-to-date. The Customer indemnifies Rogarema against claims brought by third parties with relation to submitted content, in relation to inaccurate and/or incomplete Advertiser’s Identification and/or other information by law, including, but not limited to Competition Law and Trademark and Registration Law. A specific number of products and/or services may be listed as part of the Customer’s Company Registration on the Rogarema portal; more details on this are available in the respective specification of services. The Customer must ensure that all content is consistent with applicable law, especially including Competition Law, Trademark and Registration Law, general Private Law and Criminal Law. Rogarema cannot constantly check the content and distances itself from any foreign content; there is no legal obligation on Rogarema to check content. The Customer indemnifies Rogarema against any claims brought by third parties relating to such inconsistent data or content. The Customer is aware that he/she can edit or complete the online data and that the submitted data will be published as it appears online. The Customer agrees to the use of email as well as fax and post as a means of correspondence. The Customer shall not seek to exercise or seek compensation for a right of retention with respect to a contested or not legally supported counterclaim. The exercise of a right of retention by the Customer is further ruled out when the Customer’s claims are not based on the same Contractual relationship. Access to rogarema is only provided for the Customer’s own personal use. The Customer shall ensure that his/her account shall only be used by the Customer and will take reasonable steps to ensure that his/her access details are kept secret and are not forwarded to third parties. Furthermore, the Customer is obliged to inform Rogarema immediately on discovery of unauthorised use of the Customer’s access details or on discovery of potential unauthorised acquirement of his/her access details.
§ 6 Rights of Use
The Customer declares his/her Agreement with the storage of his/her submitted information in Our database and permits its use in accordance with the conditions set out herewith and subject to statutory privacy provisions. The Customer transfers the necessary rights of use to Rogarema GmbH and/or the Partners in the relevant Local/Regional portals; this specifically includes the unlimited right to duplicate; transmit; send; publish; make available for public access; publicly reproduce; and/or make accessible to the public; and/or to edit, amend, complete or amalgamate with other content and/or to transmit to third parties any submitted data. This also specifically includes the right to copy content on data media (for example CDs, DVDs) and distribute and/or market it. The Customer guarantees that all his/her submitted content is not subject to copyright of any third parties. All materials within Rogarema’s internet portal are protected by copyright, individually and in entirety; this includes all texts, software, HTML/Java/Flash codes, photos, videos, graphics, music and sounds. Copyright rights with respect to the database and all of the portal’s content remain the property of Rogarema GmbH. Every use, publication, duplication, transmission, going beyond the regular use of the services, and/or public reproduction, making publicly available of data extracted from the portal, as well as any other commercial use which is outside the scope of usage set out herein represents a violation of copyright law, which shall be prosecuted at civil and/or criminal law. The editing, copying, translation, reverse engineering, or development of any concepts, structure, configurations and especially any graphics, texts, software or parts thereof is also prohibited, as is the going around of or disabling of program security measures, or the removal of copyright notices. The copyright and other intellectual property rights possessed by Rogarema with respect to the database, structures and database software remain unchanged by any company registrations.
§ 7 Links
Links to other websites (hereafter “Sites”) or sources can be placed by Rogarema or third parties. Rogarema GmbH has no control whatsoever over such Sites and Sources and makes no guarantee as to external Sites’ availability, makes no claim to the content of such Sites or Sources and accepts no liability and makes no guarantee with respect to it, as long as no actual knowledge of specific content’s illegality. The links and, in particular, the search results are, for the most part, generated through automated processes and, due to their numbers, cannot possibly be controlled or checked by Rogarema GmbH. Should an external site which is linked to a Rogarema site contain or distribute illegal content, Rogarema will, upon appropriate notification, remove the link to the offending site.
§ 8 Duration and Termination
Unless otherwise stated, the Contract is limited to a period of one year, automatically being renewed for a further year when the issued invoice is punctually paid. The Contract can be terminated by either party at the end of each month. The right to summary termination remains unaffected. A termination is only valid if made in writing (that is, on paper, by email or by facsimile). In the case of a premature termination, the annual fee will not be refunded.
§ 9 Liability
With the exception of damage concerning injury to the person, health or life, Rogarema only accepts responsibility for damage resulting from intentionally or grossly negligent actions or culpable breach of a Contractual condition (not a guarantee or intermediate term) by Rogarema GmbH, Our legal representatives and executive staff. Further liability for damages is not accepted. In addition to this, no liability is accepted for compensation for indirect or collateral damage, especially for lost profits. Except for cases involving intentional or gross negligence by Rogarema, Our legal representatives and executive staff, Our liability is limited to losses or damage of a kind reasonably foreseeable at the time of execution of the Agreement. The limitations of liability set our herein do not apply to liability imposed by the Product Liability Act, for a flawed product after a specifically expressed guarantee of the product’s good condition and for unconscionable omission to advise of a flaw. Rogarema merely plays a role as a facilitator between Customers and Users and, as such, does not accept any liability for flaws or short comings in Customers’ products or services.
§ 10 Privacy and Information Security
Our servers are secured with up-to-date and technologically appropriate measures. The Customer shall, however, be aware that there is a risk that data may be compromised during transmission. There can therefore be not guarantee of the security of information transmitted for the purposes of use of the Industry Index. Rogarema GmbH has the right to edit and store data received in the relation to the business relationship to the Customer, subject to the relevant statutory provisions regarding information privacy. Customer agrees that Rogarema:
a) may store and edit information submitted by the Customer for example, business details, invoice details, contact persons as well as updates and personal details submitted by the Customer; AND
b) may store and make accessible information uploaded by the Customer him/herself in relation to his/her business registration.
Use of personal data going beyond the scope of the aforementioned uses requires the Customer’s special approval.
The Customer has the right to withdraw a previously issued approval at any time, to the extent that he/she allowed use of personal details. Rogarema shall treat all other information regarding the Customer, which the Customer has expressed to be private, with confidentiality and only use it in accordance with these Terms and Conditions. Rogarema reserves the right to depart from this term if Rogarema is obliged by court or government order to release a Customer’s information.
The Customer agrees to uphold the Privacy and Information Security provisions
§ 11 Final Provisions
If one or more of the provisions in this Contract prove to be invalid or void, the applicability and validity of the other provisions of this Contract shall not be affected. Instead of the invalid provisions, legal norms and regulations will be applied. The same applies in the case of an ambiguity or lack of provision.
Supplementary Agreements are not affected. Changes to or departures from this standard Contract in individual cases are only valid in written form (that is, on paper, via the internet, via email or by facsimile). The marketing staff is not authorised to make verbal Agreements or acceptance. The use of this Contract shall be governed in all respects by the laws of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The single place of execution and jurisdiction is Böblingen, Germany
Updated: October 2009