Terms of use for the Magnetic download portal

Object of the terms of use

(1) Magnetic Autocontrol GmbH, Grienmatt 20, 79650 Schopfheim (“Magnetic”) makes information and documents available to download via the Magnetic download portal as a voluntary service for its sales partners, their specialist personnel and selected customers (hereinafter referred to as: “User”) on request. The object of these terms of use is the limited use of this voluntary service and the regulation of the legal relationship between the User and Magnetic. Magnetic reserves the right to decide which persons, sales partners and customers receive access to the download portal. The right of access can be removed at any time without giving any reason.

(2) The User accepts these terms of use when registering.

(3) Magnetic reserves the right to amend these terms of use if necessary. Magnetic will notify the User about such amendments within an appropriate period of time before the planned amendments come into force. If the User does not object to these amendments within 30 days of receipt of the notification and continues to use the service even after the expiry of the deadline for raising an objection, the amendments will be considered to have been agreed and will be effective when the deadline expires. If the User raises an objection, each party has the right to terminate the agreement on the use of the download portal with immediate effect.

Registration, login

(1) The download portal is exclusively designed for Magnetic sales partners and selected customers. Only this group of people who work together with Magnetic will receive access to this portal.

(2) The use of the download portal is subject to registration by the User. The registration process can only be completed using the web form on the website. The information requested can be seen on the input mask on the website. Following receipt of the registration request, Magnetic will check the requirements for approving and activating the user account. If Magnetic believes that the information provided is correct and Magnetic does not have any other concerns, Magnetic will approve the request for access and notify the User about this via e-mail. The User does not have a right to the approval of their registration request. Note: A login will only be provided to companies who provide a company e-mail address.

(3) Access to the download portal is achieved using a login (e-mail address) and personal password. The password must satisfy the security requirements (length and complexity) and can be freely selected by the User.

(4) On infringement of these terms of use, or in the case of excessive downloads of documents, Magnetic retains the right to block access to the download portal permanently or temporarily, until remedial action is taken by the user.

Copyright and other industrial property rights

Unless something to the contrary is explicitly stipulated, Magnetic owns the copyright and other industrial property rights to all of the documents and content made available in the download area, especially operating instructions, installation instructions, inspection logbooks, circuit diagrams including the layout, source text, software (irrespective of the format) and all other contents of the download portal. No part of the service may be interpreted as granting the User approval or a right to the use of images, trademarks, logos or other data.

Scope of the permitted use

(1) The documents and content may only be accessed, copied or saved for use as part of the User's activities as a service partner or as a selected customer. Documents and content may only be passed on to the User’s own customers in a targeted and needs-based manner if they are necessary to support or as part of the contractual relationship.

(2) The User is liable to Magnetic for all infringements and losses resulting from any improper use of the download portal for which he is responsible.

Prohibited activities

(1) The User is not authorised to edit the documents and content. It is also prohibited to remove or amend any copyright notices, logos and other labels or industrial property right notices.

(2) It is prohibited to use the download portal for all activities in direct competition with Magnetic or to support third parties in such activities.

(3) The download portal can only be accessed using a standard browser. It is prohibited to use the download portal using spider, offline reader, web crawler or similar software. In particular, the systematic mirroring or complete download of the portal documents and passing on this information outside of the group of Magnetic sales partners is not permitted.

(4) It is prohibited to establish links to the documents and content on the portal or to use framing technologies. In particular, it is prohibited to make the documents and content from the download portal publicly accessible on the User’s own website or websites operated by third parties or to present them as the User’s own content.

Obligations of the user

(1) The User undertakes to comply with these terms of use.

(2) The User undertakes to always keep the password for the portal secret and to protect it against misuse. The password must be changed regularly and stored in a secure location. It must not be made accessible to third parties under any circumstances.

(3) The documents and content in the download area are continuously updated by Magnetic. Therefore, the User is urged not to save the documents and content locally but always to use and pass on the current versions that are made available online.

Liability

(1) In the event of damages resulting from the use of the download portal in accordance with this agreement, Magnetic is only liable if the damage was caused intentionally or through gross negligence by Magnetic, its legal representatives or vicarious agents. The above-mentioned limitation of liability does not apply in the event of physical or personal injury, a breach of warranty or liability according to the German Product Liability Law (ProdHaftG).

(2) Our general terms and conditions apply to all orders, unless expressly agreed otherwise.

Data protection

Information relating to the personal data processed by Magnetic or third parties commissioned by Magnetic as part of the registration process, use of the download portal and monitoring of the User's activities and your rights as a User can be found in our privacy policy.

Termination

(1) User accounts for the download portal can be terminated at any time without a notice period by logging out of the portal and sending a notice of termination via e-mail to the Customer Service Department on cs@ac-magnetic.de.

(2) The contractual relationship ends as soon as your user account has been terminated and you are then no longer permitted to access the download portal. Magnetic reserves the right to block the user account and the password when the termination of the account becomes effective.

Other

These terms of use and the relationship between the User and Magnetic are exclusively subject to German law. The place of jurisdiction for all disputes arising from or in connection with these terms of use including the use of the download portal is the place in which Magnetic is based.

Should one or several of the provisions in these terms of use be or become invalid, the validity of the remaining provisions remains unaffected. In these cases, the invalid provision(s) shall be replaced as part of a supplementary interpretation of the agreement by one or more valid provisions that most closely reflect the commercial intent of Magnetic in the invalid provision(s). The same also applies to the closing of any gaps in the provisions.