GTC for consumers

 

General Terms and Conditions (“GTC”) for consumers using the services of AutoScout24 accessible via the website www.autoscout24.de(“Consumer GTC”)

1. Scope

These GTC shall apply to all contracts that may come into existence between AutoScout24 GmbH, Dingolfinger Str. 1 - 15, 81673 München („AutoScout24“) and consumers of AutoScout24 Services („Users“) within the scope of use of our vehicle database (“Database”). In addition, our Requirements on the Layout of Advertisements and our Information on Data Protection shall be applicable. Commercial users shall be bound by our General Terms and Conditions for companies using the services of AutoScout24 GmbH accessible via the website www.autoscout24.de ("Dealer GTC").

2. Services provided by AutoScout24

2.1. AutoScout24 operates a Database on which vehicle advertisements are stored. AutoScout24 provides access to the database to their users via the rubric “search” heading to content saved on the Database, as well as permitting Users to enter their own content (“Advertisements”) into the Database via the “place an advert” heading. AutoScout24 is not acting as an agent, seller or purchaser, nor as an agent of either the purchaser or seller of vehicles stored on the Database, but merely as a technical service provider.

2.2. Granting access to or entering content into the Database are within AutoScout24’s discretion. Users do not have a right to demand thatparticular services or any part thereof bemaintained.

3. Registration by Users

3.1. The use of certain services provided by AutoScout24 requires that Users register on AutoScout24’s website. Registration is only permitted to persons who are of age and capable of acting sui juris. Only registered Users may place advertisements on AutoScout24’s Database.

3.2.When registering, Users must provide their name, telephone number, e-mail address and a password. Details provided on the registration form must be the truth; any changes to details must be updated without delay. Users may not register with AutoScout24 more than once. Registrations are not transferable and may not be used by anyone other than the registered User.

3.3. A User’s e-mail address and password are required as access data in order to use those of AutoScout24’s services for which registration is required. Users must keep their password secret and must not give it to any third party. Should a third party gain access to any User password, saidUser shall without delay notify AutoScout24 of this and change the password.

3.4. AutoScout24 reserves the right to cancel any registrations of Users who have not logged on for 12 months or more.

3.5. Our Information on Data Protection applies to all Users’ personal data collected in the course ofregistration.

4. Entering content into the Databank

4.1. In sending the registration data and entering the required information into the Database, Users are submitting an offer to AutoScout24 to conclude a contract for a limited time for the acceptance and provision of data on the Database. On receiving the offer, AutoScout24 shall decide whether or not to accept it. Acceptance shall occur by means of the content’s acceptance onto the Database.

4.2. Users shall not make more than two advertisements available for viewing on the Database at any one time, nor shall they advertise more than two different vehicles per calendar month. In the event of any User having more than two advertisements available for viewing on the Database at any one time, or advertising more than two different vehicles in any one calendar month, AutoScout24 shall be entitled to delete the relevant advertisements. Likewise AutoScout24 shall be entitled to delete advertisements and registrations in the event of any breach of this provision, notably if the User has employed multiple registrations.

4.3. Advertisements will be available for viewing on the Database for a period of 8 weeks, unless deleted by the User him or herself. After a period of 8 weeks has elapsed, AutoScout24 may delete the advertisement.

4.4. The placing of advertisements shall be at AutoScout24’s discretion. At all times AutoScout24 shall be entitled to limit the availability of advertisements on the Databank from the point of view of space or time, and with regard to the number of advertisements placed, as well as deleting advertisements from the Database or preventing advertisements from being passed on if such advertisements do not meet the Requirements on the Layout of Advertisements, they are in AutoScout24’s opinion illegal, or a third party has objected toany such advertisement.

5. Liability for content

5.1. Users shall be liable themselves for any content entered into the Database. Notably, Users shall be responsible for ensuring that no content is illegal and that no third party rights (e.g. copyright or trademarks) have been infringed. AutoScout24 shall not be obliged to monitor whether the content provided infringes third party rights or violates any legal provisions. Users shall be liable to correct or delete, as appropriate, any content provided by said Users if the content does not meet our Requirements on the Layout of Advertisements. Changes can be made via the “My AutoScout24" menu.

5.2. Users shall indemnify AutoScout24 from all liability for third party claims, including any costs for legal action incurred as a result of content provided by Users having been accepted into theDatabank unaltered by AutoScout24.

5.3. Users shall ensure that the files transferred by them do not contain any viruses or comparable harmful programmes. AutoScout24 shall be entitled to delete any such files, and Users shall have no rights to claim in that respect. AutoScout24 reserves the right to claim for compensation on the grounds of virus-relateddamage.

6. Rights of use

By placing Advertisements, Users shall grant AutoScout24 and its affiliated companies the following non-exclusive, alienable rights, such rights being spacially and temporally unlimited, in the transmitted contents (including the right to grant sublicenses):

  • an archiving and database right, ie. the right to archive the contents in any form and in particular to record said contents in a digitalized form, insert them into databases and store them on all known storage media and all types of data carrier, as well as to combine said contents with other works or parts of works;
  • a right of duplication and dissemination, ie. the right to randomly store the contents, duplicate them and make them accessible or disseminate them in electronic or other media (eg. on the internet, in newspapers or magazines) either in full or part;
  • an editing right, ie. the right to edit the contents in any manner, and in particular to change them, shorten them, supplement them, and combine them with other content.

In particular, AutoScout24 shall be entitled to permit the aforementioned acts to be carried out by third parties.

7. Databank Rights

7.1. AutoScout24 is the legal owner of all content on the website and the Database. All copyright, trademark and other intellectual property rights on the Database work, the Database itself and the content, data and other items placed therein shall belong exclusively to AutoScout24; this shall not affect any rights of the User in the content provided by said User.

7.2.Within the scope of these GTC, Users shall be entitled to call up individual sets of data on their screens by means of the exclusive use of online search fields made available by AutoScout24, and to make a copy thereof for the purpose of making the data permanently visible. Automatic information retrieval by means of scripts, by circumventing the search field through the use of search software or comparable measures, is not permissible.

7.3. Users may not use the data obtained by means of our data retrieval in full, nor in part or in extracts, for the purpose of compiling a databank of their own in any form of media, nor for any act of commercial data processing or provision ofinformation, nor for any other commercial purpose. Linking, integrating or in any other way connecting the Database or individual items from within the Database to other databases ormetadatabases shall not be permitted.

8. Warranty

8.1. AutoScout24 does not accept any responsibility for the accuracy or completeness of information provided by Users or for declarations made by Users, nor in respect of the identity or integrity of Users.

8.2. Content or advertisements entered into the Database shall be deemed to be third party content for AutoScout24 within the meaning of § 8 subpara. 1 of the German Telemedia Act (TMG).Legal responsibility for such content therefore lies with whoever entered the content into the Database.

8.3. AutoScout24 does not accept liability for any technical defects, particularly for the constant and uninterrupted availability of the Database and its contents, nor for the complete and correct reproduction of content entered into the Databaseby Users.

9. Liability

9.1. The following shall apply in respect of damage suffered by Users in connection with the services provided by AutoScout24 and caused by AutoScout24, subcontractors or their relevant agents. In the event of intent or gross negligence, or where a guarantee has been given, liability shall be unlimited. In the event of simple negligence, liability shall be also unlimited in the case of injury to life, limb or health. In the event of a simple negligent breach of significant contractual duties, liability shall be limited to providing for foreseeable loss of property or economic loss of a type that would typically result. All further liability for compensation – with the exception of claims under the German Product Liability Act (ProdHaftG) – shall be excluded.

9.2. Under these GTC, AutoScout24 shall only be liable for a loss of data and the cost of a futile entry of data insofar as this could not even have been prevented if the User had stored the most up to date version of the data at hand in a machine readable form.

9.3. In all instances any contributory negligence on the part of the User shall be taken into account. In particular, Users shall be obliged to at least enter a search once on the website in order to verify that the data entered by the User and reproduced by AutoScout24 is correct.

9.4. The provisions above shall also apply with regard to employees of AutoScout24.

10. Termination

10.1. Users may terminate the services of AutoScout24 at any time. In order to do this, a User may at any point in time delete the User’s registration him or herself. From this time onwards, the User will then no longer be able to advertise new vehicles or amend existingadvertisements.

10.2. AutoScout24 may terminate the services at any time on giving 14 days’ notice to the User. This shall not affect AutoScout24’s right to block aregistration or delete specific advertisements.

11. Final provisions

11.1. The contract between AutoScout24 and the User shall be subject to the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on the International Sale of Goods (CISG). If the User is a consumer, this choice of law shall only apply insofar as it does not withdraw any protection provided by mandatory legal provisions of that state in which the User is ordinarily resident.

11.2. Munich shall be the exclusive venue and place of performance, provided the purchaser is a trader, legal entity under public law or special fund under public law. The same shall apply if the customer does not have a place of jurisdiction in Germany, or the customer’s address or ordinary place of residence are unknown at the time of commencement of legal action. This shall not affect the right to call upon the courts of another place of jurisdiction.

11.3. The German version shall prevail over the English translation.

Current as of 15.03.2011

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