DATAGROUP SE (hereinafter the “Company”) provides the “DATAGROUP FOREST” web application (forest.datagroup.de, hereinafter the “Application”) which enables registered users to share their commitment for social purposes, education and training, for environment and sustainability issues or other “good deeds”.
The Company permits the users to use the Application after they have registered themselves with a business or private email address and have chosen an access password on the login page of the Application in compliance with the Terms of Use set out below.
The following guidance exclusively relates to the use of the Application.
The Company grants the user a non-exclusive, non-transferable revocable license to use the Application, its content and information. The Company reserves the right to block the access to the Application and its use unilaterally and without prior notice for any user who does not comply with the Terms of Use. The persons concerned shall be informed as soon as possible.
Please manage your access data used for your login purposes with care and keep them secure and ensure that no third party obtains access. Please always close the application by logging out. In case you have lost your personal password, you can generate a new one via “Forgot your password”.
Neither the Company nor the service providers involved have any influence on the availability, functionality, stability and reliability of the telecommunications network and third-party internet services used. If in spite of all security precautions taken, we should detect unauthorized interference with the internet system, we reserve the right to interrupt the use of the system without further notice or terminate it prematurely.
As a condition of this Application, the user must not use it for any purpose that is unlawful or prohibited by these Terms of Use. Every user is obliged to keep the data produced for the purpose of the access strictly confidential. The user is fully responsible for keeping the password confidential.
The user agrees to notify the Company immediately of any unauthorized access to any existing services, other accounts, computer systems or networks that are connected with a server of the Company or of a service provider involved or to other services by means of hacking, password mining or any other method as soon as it comes to the user’s knowledge. The Company assumes no liability for damages incurred by the user resulting from the fact that third parties make use of the access data to the extent that he/she is responsible for it. The user is not allowed to use the account of a third party without prior consent and/or have the own account used by a third party.
The users have been informed in the Privacy Policy that information made by the user about environmental, social, cultural, education-related or sports commitment is visible for registered users of the Application. The publication of the name, the company name and upload of images are optional.
When entering points in the “Activity” free field, the user agrees:
Provided the user decides to upload images, this must only include images of users themselves and not of any third party. Pictures of sports equipment (e.g. bicycle and the like), social organizations etc. are possible provided that no third parties or other personal data is disclosed and/or recognizable. If any third party is depicted in the images, the user assures that he/she has obtained consent by the third party to publish the image.
Despite the due care taken, the Company cannot guarantee that the application is free from logic and programming errors. Likewise, the Company does not accept any warranty that the information in the help text which is integrated in the application is complete and correct. The users do not have a warranty claim because of defects of the services provided or used or of other services of the Company or of service providers involved. The Company protects its systems against failures, faults and third-party intervention. However, the Company cannot rule out that failures and faults may occur in individual cases despite all due care taken and reasonable state-of-the-art security measures in place. To the extent that the Company is not responsible for it, we do not assume any warranty or liability.
The company shall be liable without limitation for damages caused intentionally or by gross negligence by the Company, their legal representatives, or vicarious agents. Likewise, the Company shall be liable without limitation for culpable injury to life, body, or health.
In case of violation of essential contractual obligations, i.e. those contractual obligations that endanger the purpose of the contract and whose fulfillment the user could rely upon to a special degree, the Company shall also be liable in cases of slight negligence. The liability is limited to the replacement of foreseeable damages at the time of contract conclusion, which are typically to be expected; any further liability of the Company in cases of slight negligence is excluded. The preceding limitations of liability also apply in favor of the legal representatives and employees of the Company and are also applicable in cases of pre-contractual or tortious liability. The Company’s liability for damages under the Product Liability Law and the liability for guarantees shall not be affected by the preceding liability-restricting provisions.
In connection with the registration on the application, personal data of employees and third parties will be collected, processed and stored. The relevant data protection information is linked on this website.
Other than the rights of use which are expressly set forth herein, the user has no other rights whatsoever to the content of this Application and the intellectual property rights applicable to this Application. All intellectual property rights to industrial property rights such as brands, company symbols, patents, and utility patents as well as possible copyrights remain the sole property of the Company and/or their owners. In particular, the user is not entitled to modify or duplicate the content of this Application or to make it accessible to third parties, except as expressly permitted in the application. The user hereby confirms that he/she is authorized to grant the Company the rights to use to the images covered by the contract, and hereby grants the Company the non-exclusive right, without limitation in scope and time, to use the images. There shall be no remuneration for the transfer of the rights of use.
The laws of the Federal Republic of Germany shall apply exclusively with the exception of the conflict of law rules and principles. The place of performance is Pliezhausen. The exclusive place of jurisdiction for all claims in relation to these Terms of Use is Stuttgart. The preceding provisions shall not apply for consumers.
If individual parts of these “Terms of Use” do not, no longer, or do not fully comply with the current legal situation, this shall not affect the validity of the remaining provisions Ineffective provisions shall retroactively be replaced by a provision of similar content and with the same purpose as pursued by the one which has been replaced.