General Terms and Conditions. Statista GmbH

Transcription

1 General Terms and Conditions Statista GmbH Last updated: November 2016

2 General Terms and Conditions Statista GmbH 02 These General Terms and Conditions shall govern the use of the Statista Online Services, as defined below. Statista GmbH Johannes-Brahms-Platz Hamburg Germany Data Protection Officer: Maximilian Conrad, dataprotection@statista.com Phone: Statista Customer Support is available Monday to Friday, 9:30-17:00 (GMT). You may also reach us by at The general terms and conditions listed below govern use of the online services (the "Online Services") and materials available therein ("Materials") provided by Statista GmbH By continuing to access, link to, or use the Online Services, you signify your acceptance of the General Terms and Conditions. The terms "you" and "your" in uppercase or lowercase shall mean the entity (e.g. individual, company, corporation, partnership, sole proprietor, etc.) or government agency entering into a Subscription Agreement with Statista Grant of rights; Restrictions on use... Access to services from Statista... Conclusion of the contract... Payments and period... Liability... Rights of use... Miscellaneous Statista GmbH Johannes-Brahms-Platz Hamburg Phone

3 General Terms and Conditions Statista GmbH 1. Grant of rights; Restrictions on use These Terms and Conditions regulate the use of websites and associated subpages powered by Statista GmbH, unless otherwise agreed by individual contract or required by mandatory law. By accessing or using any part of this website, the visitor agrees to these Terms and Conditions in the event that no special agreement for this purpose materializes or that its legal effect is revoked later. They also apply if the visitor accesses the page by using Software-Agents or any other automated form. Contractual partners (hereinafter "Customers") of Statista is to be understood as a trader in respect to these conditions as any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession. 2. Access to services from Statista The services offered by Statista are comprehensively described in the product information sheets provided on the website. Statista is entitled to modify the service descriptions at any time. The product descriptions are valid in the current version. With a few exceptions, the products of Statista are intended for traders and not for consumers. Statista is free to choose the means to provide the agreed services, particularly the technology and infrastructure used. The customer is not entitled to relinquish the use of services from Statista to third parties. The term Customer applies in this case either to 1) the appointed person, 2) department or 3) company who is supposed to receive the services in accordance with the contractual agreement. Third parties are therefore defined, but not limited to, in the case 1) as any other person, in the case 2) as other departments of the same company, and in the case 3) as affiliated companies according to article 15 of the German Stock Corporation Act. For accounts that are assigned to one user, in case of doubt only the specified individual has a right of use. Free additional services provided by Statista are not part of the contract. Statista can change and / or adjust these services at its own discretion. Even the repeated provision of such services does not create any obligation for the future. Unless Statista grants the access to its own content (including associated advertising content from third parties) through the release of HTML or similar code, the use of said code in connection with pornographic, racist or similar contents is prohibited. In addition, each user is compelled to refrain from using the codes when prompted by Statista. Statista gives permission to use the code and the content via the links to the source page and requires that both the code and the content from Statista are used unaltered unless agreed otherwise. 3. Conclusion of the contract The offer of services by Statista displayed on the website can be understood as a request to submit an offer. By clicking on the purchase button (for example, "Reserve", "Buy study" or similar) the user submits a binding offer. When their offer is accepted, they receive an invoice or an order confirmation including the description of the content and the scope of the service ordered. Statista GmbH Johannes-Brahms-Platz Hamburg Phone

4 General Terms and Conditions Statista GmbH Following the renewal of an account or in the event of major changes, Statista will inform the customer separately by sending them a current product data sheet with an overview of the current account and services offered by Statista. If the customer objects to the changes within a reasonable time, the old product data sheet continues to apply, unchanged. 4. Payments and period Unless different terms of payments have been individually agreed or defined in the product data sheets, the payment of the subscription for the entire subscription period is due at the beginning of subscription period. The subscription period is automatically extended for the same duration (or maximum 12 months) if the contract is not terminated within six weeks before the end of the subscription period. Nevertheless, Statista is entitled to terminate or suspend the access at any time. In case of cancellation, all amounts already paid for the remaining term must be reimbursed to the customer, unless the customer has given, by his conduct, motive for termination or suspension (i.e. default of payment, misrepresentation when concluding the contract, illegal use of the service). If the customer is a trader, he has to contest an invoice by written notification within fourteen days upon receipt of the invoice. 5. Liability The customer is responsible for providing Statista with current contact data and expressly indicating any changes. If the address of a customer is incorrect, whether entered erroneously by him or had become wrong after a change, or if it is no longer possible for Statista to recognize it for technical or any similar reasons, Statista is entitled to contact the customer by mail and to charge a flat rate for the costs of the replacement procedure. Both the customer, if he is a trader, and Statista assume that a fee of ten euros per letter is appropriate. The customer is entitled to provide evidence for lower costs. Statistics from Statista contain generalized information, which does not constitute a reliable basis for decision-making in individual cases, and may also be inaccurate or open to interpretation if used without further explanation. Therefore, Statista is not liable for damages caused by the use of statistics and reports provided on the site. In the cases permitted by law (i.e. cases not caused by gross negligence, delays or claims under the Product Liability Act), the liability of Statista is limited to foreseeable and typical damages within the amount of the contractual value. Statista reserves itself the right to share offers or information from third parties. These references are not a recommendation and Statista does not own the information from these third parties. 6. Rights of use The rights of the customer to the data, text, graphics and other services (content) offered by Statista are accurately described in the product data sheets and are adjusted from time to time to new technical requirements. For the use of the content offered on the website, the customer receives Statista GmbH Johannes-Brahms-Platz Hamburg Phone

5 General Terms and Conditions Statista GmbH besides the services described in the product sheets - a simple, non-transferable right for private purposes. 7. Miscellaneous The remaining provisions of these Terms and Conditions shall also apply in the event that individual clauses are invalid or become ineffective after a change in the law or its interpretation. Statista may modify such clauses in accordance with the other clauses and the applicable law. If the customer is a trader, the place of jurisdiction is Hamburg. German law applies. Statista GmbH Johannes-Brahms-Platz Hamburg Phone