Terms of use of the “IMOTEX Daily Fashion App”
(hereinafter „App“)
The use of the App requires that you accept the following terms of use.
§ 1
General information
1.1 The app is brought to you by QHS Quadro Handel und Service GmbH, Georg-Bleibtreu-Str. 10, 46509 Xanten (hereinafter “QHS“).
1.2 In order to be able to use all functions of the App from a technical point of view, it is necessary that the latest version of the operating system iOS or Android is installed on your mobile device with which you want to use the App.
1.3 The app offers a communication platform which is to be accessible exclusively to retailers and buyers from the fashion industry. Retailers can present their goods via posts. Dealers and buyers can use the message function to contact each other regarding the dealer’s goods. The app offers no purchase completion or payment functions.
1.4 These terms of use apply exclusively to companies within the meaning of § 14 BGB. Natural persons who register as users can do so exclusively for one company (and only for a retailer or buyer in the fashion industry). Natural persons confirm these terms of use for the company they represent and that they are not acting as consumers within the meaning of § 13 BGB. Consumer according to § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed
1.5 The language of communication and contract is German
§ 2
Registration
2.1 To be able to use the app, you must first register. The registration can only be completed if all mandatory fields are filled out truthfully.
2.2 After you have completed all mandatory fields, confirmed that you have read QHS’ Privacy Policy, accepted these Terms of Use and clicked the “Submit data now for verification” button, your data will be transmitted to QHS. QHS then verifies your identity and the identity of the company for which you act on the platform. This is to ensure that the platform is used exclusively for the purpose specified in clause 1.3 of these Terms of Use. Only after this check has been successfully completed can the registration process be completed
will be. In any case you will receive a message about the result of the check to your specified e-mail address.
2.3 The use of pseudonyms as part of the registration process is not permitted and leads to a rejection of the registration request. You can only register as a user of the app under your real name and the exact company of the company you represent.
2.4 In addition to persons who are not dealers or buyers in the fashion industry, persons who are not fully contractually capable in the sense of the German Civil Code (BGB) are also excluded from using the App.
2.5 You must keep the password you set during registration confidential. You are responsible for all activities that take place under your user account. If you have reason to believe that your user account is being used illegally by a third party, you must inform QHS immediately. QHS will immediately take appropriate safety measures.
2.6 Until you press the button described in section 2.2, you can change your details at any time by overwriting them or delete them by closing the app.
§ 3
Use of the app, consequences in case of violation
3.1 By confirming these terms of use, you agree to use the App only for the purpose stated in section 1.3. You may not use the app in an abusive manner. You also agree to comply with the law when using the App.
3.2 The sharing of a user account with two or more persons is not permitted. Each user must register individually.
3.3 In particular, you must protect the intellectual property rights of QHS, other users and other third parties. In particular, you are not entitled to any rights of use without a corresponding agreement with the respective rights holder.
3.4 You are prohibited from interfering with the functions and functionality of the App, for example by uploading viruses. The distribution of viruses or other harmful software via the App is also prohibited.
3.5 If you become aware that other users are violating these Terms of Use or applicable law, you must notify QHS immediately.
3.6 In the event of a breach of these Terms of Use, and in particular of the provisions referred to in this clause 3, QHS reserves the right to permanently or temporarily block your access or delete any Content. The same applies to the period during which an alleged infringement is being investigated. The right to terminate the
The validity of the contract of use by QHS remains unaffected, as does the assertion of other claims against you due to the infringement.
§ 4
Rights of use
4.1 In the event that you upload legally protected content to the App, you grant QHS free of charge, non-exclusive, spatially and temporally unlimited, transferable and sublicensable rights of use for the purpose of providing the App to the extent described in clause 1.3. This includes in particular the right to store and reproduce the content and to make it available to users of the App worldwide via the App’s functions. A restriction of these rights is only possible to the extent that you provide only such data that you wish and are permitted to disclose for use by QHS in the manner described above. A technical limitation regarding the visibility of your data for other users is especially not possible. We refer additionally to our privacy policy.
4.2 You must ensure that you yourself have the necessary rights to upload content to the App.
§ 5
Setting and adjusting the functions of the App
QHS is entitled to discontinue the operation of the App at any time. QHS is also entitled to update, adapt, expand or reduce the functions of the app at any time.
§ 6
Warranty and liability
6.1 QHS does not grant any guarantee or warranted characteristics in connection with the provision of the App. In particular, no functions or technical availability are guaranteed.
6.2 Irrespective of the liability limitations of this clause 6, IMTOEX is liable in accordance with the statutory provisions for damages to life, body and health, damages resulting from a grossly negligent or intentional breach of duty by QHS, its legal representatives or vicarious agents, for damages covered by the liability according to the Product Liability Act as well as for damages for the non-occurrence of which a guarantee was assumed by QHS.
6.3 QHS is also liable for damage caused by QHS through the breach of such contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the fulfilment of which the other party to the contract regularly relies and may rely (essential contractual obligation). QHS is liable for the slightly negligent violation of essential
However, contractual obligations only insofar as the damages are typically associated with the contract and are foreseeable.
6.4 You are solely responsible for any loss of data or hardware malfunctions caused by incompatibility of the components present on your mobile device, for system malfunctions that may result from misconfiguration or for other malfunctions caused by circumstances for which you are responsible. QHS is otherwise liable for any loss of data or malfunctions only within the framework of the above clauses 6.1, 6.2 and 6.3. They are responsible for regularly backing up their data. The liability for a loss of data is limited to the recovery effort for usual data backups (usually daily backup).
6.5 To the extent that the liability of QHS is excluded or limited, this also applies to the personal liability of QHS’ employees, workers, staff, representatives and vicarious agents.
§ 7
Logout
7.1 You have the right to delete your user account at any time and thus terminate the use of the App at any time.
§ 8
Final provisions
8.1 QHS is entitled at any time to adapt these terms and conditions of use for the future in a reasonable manner, in particular if the legal framework conditions should change or an adaptation would become necessary due to technical modifications of the app. QHS will notify you in advance of any change to these terms of use.
8.2 These terms of use and any disputes arising in connection with them or with the App are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as to the exclusion of the referral norms of private international law; Art. 6 Rome I Regulation remains unaffected.
8.3 Exclusive place of jurisdiction for any disputes arising in connection with these terms of use or the App is Neuss.
Status: 20.02.2020
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