Brabender Partner Network (BPN): General Terms of Use


of Brabender GmbH & Co. KG, Kulturstraße 49 – 51, D-47055 Duisburg, operated Brabender Partner Network (BPN) (hereinafter referred to as „portal“).

- Please note, these Terms of Use were issued first in the German language, the following are a translation from German into English -


§ 1 General provisions

  1. (1)  The following terms of use shall apply to the use of the portal and regulate the use of this portal.

  2. (2)  Users within the meaning of these conditions are exclusively natural or legal persons or part-nerships with legal capacity with whom business relations are entered into and who act in the exercise of their commercial or independent professional activity (entrepreneurs § 14 BGB – German Civil Code) as well as legal persons under public law.

    Upon request, users must prove their entrepreneurial status by submitting appropriate documents (e.g. business registration or business letterhead).

  3. (3)  The use of the portal is only permitted on the basis of these conditions. By using the portal, the user agrees to these conditions.

§ 2 Content of the offers of the portal

  1. (1)  Product-related downloads are offered through the portal and users regularly receive exclusive download links, information on the operator's product, service and range of applications, as well as invitations to events

  2. (2)  A fixed component of membership is the receipt of the newsletter as well as communication by telephone or the sending of information by post.

  3. (3) The operator provides the users with a free account in order to use the portal.

§ 3 Usage and costs of the portal

  1. (1) The use of the portal is basically free.

  2. (2)  Prerequisite for the use of the portal is the registration of the user and the corresponding approval by the operator.

  3. (3) The user has no right to use and availability of the portal. With regard to the availability of the portal, reference is made to § 8.

§ 4 Registration, admission and blocking

  1. (1)  For the use of the portal an activation by the operator is required. Reference is made to § 3 para. 2 of these terms of use.

    Only users according to § 1 para. 2 of these terms of use are entitled to registration.'

  2. (2) Each user may register only once and assures with the registration that he is not a registered user of the portal yet or has possibly deleted a previously existing account.

  3. (3) By completing the registration form in full and accepting these terms of use, the user submits an offer to conclude the contract for the use of the portal for registered users.

    The user can first enter his login data in the registration form. For this purpose, an e-mail address must be entered and a password shall be selected by the user. The user can then log into the portal with the specified e-mail address and password. Then the company, title, surname and first name, the address must be given. Optionally, the user can also enter a telephone number. In order to complete the registration, the user must confirm with a tick that he agrees with the validity of the data privacy policy and these terms of use. Then he can complete the registration by clicking on the button "Create partner account". The entered data will be stored by the operator.

  4. (4)  Input errors can be corrected at any time by using the "Back" button marked with an arrow pointing to the left in the browser and then making the corresponding change.

    By closing the Internet browser, the user can cancel the entire process at any time.

  5. (5)  In the next step, the user receives an activation link for registration with the confirmation e-mail. After clicking this link, the next step is to confirm the sending of the newsletter. The user will then receive another e-mail with an activation link. Registration is complete if the user clicks on this activation link. Afterwards the user can log in to the portal with the provided e-mail address and the corresponding password. If the login and registration is not completed, the portal will delete the account and the information provided up to that point.

    The operator reserves the right to refuse acceptance of the offer without giving reasons.

  6. (6)  When registering, the user undertakes to provide his personal data truthfully and completely and to inform us immediately of any changes to his data. The user alone is responsible for erroneous information and the resulting consequences.

  7. (7) In the closed user area, the user receives an overview of the downloads and information made available in the portal. All personal data and information can also be checked and, if necessary, changed here.

  8. (8)  The user agrees that all essential notifications concerning the contract of use are sent by e-mail, unless another form is prescribed by law.

  9. (9)  ) If the user becomes aware of the misuse of his access data, he must inform the operator im-mediately. In the event of misuse, the operator is entitled to block access to the portal. The block can only be lifted by written request of the user.

  10. (10)  The operator is entitled to withdraw a user's admission or to block access to the portal if there is sufficient suspicion that the user has violated these terms of use. The user will be imme-diately informed by e-mail of any withdrawal of approval or blocking. The user can avert these measures if he eliminates the suspicion by presenting suitable evidence at his own expense.

  11. (11)  competitors or employees of competitors are not entitled to register on the portal, corresponding registrations will be immediately deleted by the operator without prior notice.

  12. (12)  The contractual language is German.

§ 5 Term, termination

  1. (1) The term of the usage contract is unlimited. It can be cancelled at any time without giving reasons.

  2. (2)  The user has the possibility to cancel the membership at any time in the user account under "Edit profile". This is done via the button "End membership". The user data will then be immediately removed from the operator's database.

    Alternatively, the user can cancel his membership by sending an e-mail to the operator stating the e-mail address provided during registration.

  3. (3)  The right for extraordinary termination for an important reason remains unaffected. One important reason in particular is:

    1. (a)  the user's breach of the provisions of these terms of use, which will not be remedied even after a reasonable period of time has been set;

    2. (b)  the offence or attempted offence of the user, e.g. fraud;

    3. (c)  persistent disruption of operations due to force majeure beyond the control of the operator, such as natural disasters, fire, breakdown of pipeline networks through no fault of the operator.

§ 6 Obligations of the operator

  1. (1)  The operator provides the content and the environment of the portal.

  2. (2)  The operator expressly reserves the right to discontinue the portal at any time without giving reasons

§ 7 Obligations of the user

  1. (1)  The user shall attend the effective laws of the Federal Republic of Germany as well as the present conditions when using the services of the portal. The user particularly shall:

    1. (a)  within the scope of the registration, if applicable, make truthful and complete statements about his person, in particular to state his correct first and last name;

    2. (b)  not use the portal to view or spread neither immoral or illegal statements;

    3. (c)  respect the privacy of others, i.e. not to post or disseminate via the portal any defamatory, threatening, violence-glorifying, harassing, harmful, racist or otherwise objectionable content on the websites made available on the portal;

    4. (d)  not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other property and personal rights;

  2. (2)  The user is the sole responsible for the contents and for the accuracy of the transferred data.

  3. (3)  The user is obliged to keep his login data secret. The user is not entitled to pass on his login data to third parties. Should the user become aware of any misuse of his login data, he must inform the operator immediately.

§ 8 Availability of the portal

  1. (1)  Data communication over the Internet cannot be guaranteed to be error-free and/or available at any time at the current state of technology. Therefore, the operator accepts no liability for technical defects for which he is not responsible. In particular, the operator is not responsible for the permanent and uninterrupted availability of the portal or for system-related failures, interruptions and malfunctions of the technical facilities and services that are not within the sphere of responsibility of the operator.

  2. (2)  The operator is not liable for the operability of the telephone lines to the server, in case of power failures and server failures which are beyond the operator's control.

    In particular, the operator is not liable for disturbances in the quality of access to the services due to force majeure or due to events for which the operator is not responsible. These include in particular strikes, lockouts, legal internal industrial action and official orders. This also includes the complete or partial failure of the communication and network structures and gateways of other providers and operators required to provide his own services.

  3. (3)  Due to maintenance and further development of the portal, usage possibilities and/or access to the portal may be temporarily restricted or interrupted.

  4. (4)  In all other respects, the operator is liable for defects in his services in accordance with the statutory provisions.

  5. (5)  Defects in the services of the operator will be remedied immediately after a written description of the defect, if possible. This does not apply if the defect is due to circumstances for which the user is responsible, in particular if he does not fulfil his duty to cooperate. Further rights of the user remain unaffected.

  6. (6) The operator expressly reserves the right to change or completely discontinue the portal at any time without stating reasons in scope and/or content.

§ 9 Liability

  1. (1)  With slightly negligent breaches of duty the liability limits on predictable, contractual, immedi-ate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the operator. The operator is not liable for slightly negligent violation of inessential contractual obligations. However, the operator is liable for the violation of the user’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the user according to the subject matter and purposes of the contract. The operator is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the user shall trust.

    The preceding restrictions of liability do not concern user’s claims from product liability or cases of intentional or grossly negligent breach of duty. Furthermore, the restrictions of liability will not be applied in case of violation the essential contractual obligations nor if the operator is accusable of personal injury, impairment to health and death of the user.

  2. (2)  The operator is not liable for a loss of data and/or programs as far as such damage is a con-sequence of the user’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts.

  3. (3)  The operator is only responsible for external contents if he has positive knowledge of these (i.e. also of illegal or criminal contents) and it is technically possible and reasonable for him to prevent their use (§§ 7 ff. Telemediengesetz – TMG – German Telemedia Act).

  4. (4)  As far as access to other websites by means of links is possible, the operator is not responsible for the external contents contained therein. The operator has no influence on the design and content of these pages and does not adopt the external content as his own. If the operator becomes aware of illegal content on external websites, access to these pages will be blocked immediately.

    Links are "living" (dynamic) references. If the operator determines that a concrete offer to which he has provided a link gives rise to civil or criminal liability, the operator will remove the reference to this offer, insofar as this is technically possible and reasonable for him.

§ 10 Rights

  1. (1)  The contents of the portal may be subject to copyright or other protective rights of the operator (or companies cooperating with the operator) and may only be used with the express consent of the operator (or the rights owner). This applies in particular to texts, images and the overall design of the website and the operator's portal.

  2. (2)  The downloading or printing of individual pages and/or parts of the operator's website for private use is permitted. The complete or partial reproduction, distribution, transmission (electronically or otherwise), modification or use of the websites for public or commercial purposes is prohibited without the prior written consent of the operator.

  3. (3)  With the transmission of contents, the user grants the operator the right to use this content in the database during the contract period, in particular to store, reproduce, provide, transmit and publish the contents. In case that contents infringe against the General Terms of Use, the operator has the right to revise or delete the data.

§ 11 Final Clause

  1. (1)  This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.

  2. (2) If the user is a merchant, statutory juristic person or public law special legal estate, the juris-diction for all litigations from this contract shall be the Court in which the operator’s business location has its seat, provided that an exclusive jurisdiction is not given. The same applies if the user has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action.