General Terms and Conditions for Use of the WAGO Website
1. Basic terms and conditions
1.1 The use of these websites (“WAGO Website” herein) offered by WAGO GmbH & Co. KG and/or its subsidiaries (“WAGO”) is permitted for all registered users exclusively on the basis of these terms and conditions. By commencing to use the Website, but no later than upon registration, the user accepts the applicability of the respective version of these terms and conditions of use. These General Terms and Conditions of Use may be supplemented, modified or superseded in individual cases through other terms and conditions, such as for the purchase of products and/or services. If the user acts in the exercise of a trade or independent profession or for a public body, § 312i (1) first sentence, no. 1-3 of the German Civil Code has no application.
1.2 WAGO keeps certain information and software, along with any documentation, available on the WAGO Website for retrieval or download; it is nonbinding and no claim to completeness is made. WAGO is entitled to discontinue operation of the WAGO Website or modify the content at any time, in full or in part. Due to the nature of the Internet and of computer systems, WAGO assumes no responsibility for the uninterrupted availability of the WAGO Website. Some pages of the WAGO website may be password-protected. WAGO reserves the right to also subject websites that were previously free to a registration obligation. In the interest of the security of business transactions, access to such sites is possible only for registered users. Unless contrary to other agreements with the user, WAGO is at all times entitled to terminate the access authorization through blocking the access data after giving notice of termination, which is possible at any time. WAGO may, in particular, terminate access authorization from its side if the user has given false information at registration, has breached these terms and conditions or his duties of care in handling the access data, has violated applicable law when accessing or using the WAGO Website or has not used it for an extended period.
1.3 After completing registration, the user receives a user name and password (also “user data” herein). Upon the initial access, the user shall change the password relayed by WAGO to a password that is known only to him. The user data allows the user to view or change his data or to revoke or extend any consents to process data that have been given. The user shall ensure that the user data is not made accessible to third parties and is responsible for all orders and other activities executed under the user data.
If the user becomes aware that third parties are improperly using the user data, he is obligated to immediately inform WAGO of this in writing, if appropriate by a simple e-mail to firstname.lastname@example.org. Upon receipt of the communication, WAGO will block access to the password-protected area with this user data. It is not possible to have the block lifted until after the user has made a separate request at WAGO or re-registered.
1.4 The user may at any time demand that his registration be deleted, provided that the deletion is not an obstacle to the handling of ongoing contractual relationships. In such case, WAGO will delete all user data and all other stored personal data of the user as soon as it is no longer needed.
2.1 When using the WAGO Website, the user may not (i) harm individuals, particularly minors, or violate their personal rights, (ii) offend common decency through the user’s behavior, (iii) infringe intellectual property rights or other proprietary rights, (iv) transmit content with viruses, so-called Trojan horses or other programming that can damage software, (v) input, store or send hyperlinks or content for which the user is not authorized, particularly when such hyperlinks or content breach confidentiality obligations or are unlawful, (vi) or disseminate advertising or unsolicited e-mails (so-called “spam”) or improper warnings against viruses, malfunctions and the like or invite participation in sweepstakes, pyramid schemes, chain letters, Ponzi schemes and comparable promotions.
2.2 The WAGO Website may contain hyperlinks to third-party websites. WAGO assumes no responsibility for the content of such websites, nor does WAGO espouse such websites and their content because WAGO does not monitor the linked information, nor is it responsible for the content and information kept there. Their use is at the user’s own risk.
2.3 If information, software or documentation is provided without charge, liability is excluded for material defects and defects of title for the information, software or documentation, particularly as to its correctness, accuracy, freedom from third-party intellectual property rights, completeness and/or usability—except in cases of intentional tort or fraud.
2.4 The information on the WAGO Website may contain specifications or general descriptions of technical capabilities of products, which do not always have to exist in the individual case (e.g. because of product changes). The desired performance characteristics of the products must therefore be stipulated on a case-by-case basis at purchase. Although WAGO constantly endeavors to keep the WAGO Website virus-free, WAGO does not guarantee freedom from viruses. In using the WAGO Website, the user agrees that the use occurs at his own discretion and risk and that the user will take his own protective measures against viruses. For the user’s own protection and to prevent viruses on the WAGO Website, the user shall arrange for appropriate security devices and virus scanners before downloading information, software and documentation.
2.5 The liability of WAGO is based on the provisions in sections 2.2 through 2.4 of these terms and conditions. Apart from that, all liability of WAGO is excluded, except in cases of compulsory liability, such as under the German Product Liability Act. However, damages for a breach of material contractual obligations are limited to foreseeable losses typical of contracts unless an intentional tort or gross negligence is present.
3. Compliance with export control regulations
3.1 The export of certain information, software and documentation may be subject to a licensing requirement—e.g. due to its nature, intended use or end use. The information and software provided by WAGO on the WAGO Website are intended only for users in the countries and for individuals, organizations and associations which comply with the applicable export control regulations, particularly also with respect to the intended use, and are not listed on sanctions lists of the European Community or the United Nations—in other words, against whom there is no embargo.
3.2 When using the WAGO Website as well as when supplying to third parties the information, software and documentation supplied by WAGO or by provisioning other commercial resources in connection with information, software and documentation supplied by WAGO, the user is obligated to observe and comply with all applicable national, European and U.S. export control regulations, including all European or U.S. sanctions lists (together: “export control regulations”). In any event, when such things are passed on, the user must procure knowledge of and abide by the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America.
3.3 The user must take note that export regulations also apply when the information is transmitted abroad over communication networks (e.g. by e-mail or file transfer).
3.4 Before passing on such things, the user shall, in particular, verify and ensure through appropriate measures that
- such information, software and documentation supplied by WAGO are not intended for a prohibited or authorization-dependent use in connection with armaments or nuclear or weapon technology unless any required approvals have been received;
- the regulations of all relevant sanctions lists of the European Union and the United States of America regarding business transactions with the enterprises, individuals or organizations named there are being complied with.
3.5 If required for the performance of export control inspections by public authorities or by WAGO, the user shall, following a corresponding request, promptly provide WAGO all information about the end recipient, end use and intended use of the information, software and documentation supplied by WAGO as well as applicable export control restrictions in this regard.
3.6 The user shall indemnify WAGO to the full extent for all claims asserted by public authorities or other third parties against WAGO for the user’s disregard of the above legal export control obligations and undertakes to reimburse WAGO for all losses and expenditures it incurs in this connection unless the user is not accountable for the breach of obligation. A reversal of the burden of proof is not associated with this.
3.7 The information, software and documentation on the WAGO Website may be accessed only if they comply with the above-mentioned verification and assurance and there are no impediments based on national or international provisions of foreign trade law and no embargos and/or other sanctions are opposed to this; otherwise WAGO has no obligation to perform.
4. Country-specific provisions
4.1 WAGO GmbH & Co. KG and/or its subsidiaries operate and take responsibility for the individual pages of the WAGO Website. The pages take into account the requirements of the respective country in which the responsible company is sited. WAGO assumes no responsibility for the fact that information, software and/or documentation may also be retrieved or downloaded from the WAGO Website outside the respective country.
4.2 If users access the WAGO Website from locations outside the respective country, they are solely personally responsible for complying with the relevant regulations under the respective national law. Access to information, software and/or documentation on the WAGO Website from countries in which such access is unlawful is not permitted. In such case and if the user wishes to enter into business relations with WAGO, the user should establish contact with WAGO representatives in the respective country.
5. Applicable law
German law applies, with the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of private international law.