apnoti.com

Area of validity

The General Conditions of Use below are a component of every contract between apnoti.com GmbH, Maximilianstraße 9, 82319 Starnberg, Germany (hereinafter referred to as the “Supplier”) and the User and its legal successors.

The Supplier shall perform its services exclusively on the basis of these General Conditions of Use. By availing itself of the services, the User acknowledges these General Conditions of Use as binding for itself. go to top go to top Conclusion of the Agreement

Conclusion of the Agreement

The Agreement shall come into force in the form of an agency agreement between the Supplier and the User upon the registration of the User in accordance with the defined electronic procedures, including the specification of the required data required for the conclusion of the Agreement, and the subsequent acceptance of the Agreement by the Supplier by sending the registration confirmation by e-mail.

Services

On the basis of this Agreement, the User shall be granted free of charge the possibility of viewing products marked/selected by the User from internet shops via the website www.apnoti.com of the Supplier and, in the case of a price reduction of these products, to be notified by an alert defined by the User. Alternatively, the User shall be granted free of charge the possibility of installing the toolbar developed by the Supplier via the website www.apnoti.com which informs the User in an even more convenient way about price reductions with regard to products marked/selected by the User. Moreover, the User may communicate via the website www.apnoti.com with the other registered users and, for instance, receive information about marked/selected products from users who have acquired the same product.

Duties and obligations of the User

At registration, the User is obliged to provide the necessary data fully and truthfully. The User is obliged to protect its personal passwords and login codes from the access of third parties. The User shall be responsible for all contents produced or communicated by the User or via its password, insofar as the User is at fault. Insofar, the User guarantees that the contents communicated by the User or by its access data do not contravene any applicable law, and in particular that the material does not involve any defamatory, false, offensive, objectionable, threatening, pestering, blasphemous, sexually oriented, obscene or racist content or content that is protected by copyright, a trademark or is subject to any other legal protection. Section 6 shall also apply. The User hereby guarantees that the contents communicated by it are free from rights of third parties and/or the relevant rights of use/exploitation for the contents have been granted to the User. The Supplier is entitled but not obliged to monitor whether the contents communicated to it by the User comply with the law and with these General Conditions of Use and to delete any dubious materials and data according to its dutiful discretion and/or to block access to such material and data and/or to block the access of the User to the portal. The User hereby undertakes to use the service of the Supplier exclusively for private, non-commercial purposes, and in particular not to use the data of third parties disclosed to it for commercial purposes, including advertising purposes, and hereby undertakes not to publish any advertising for its or any other products/services in these portals or via this service. In particular, the sending of chain letters is prohibited. Every user may register only once. The opening of an additional user account is not permitted. During registration, the User can choose its user name freely. The User hereby guarantees that the user name it selects does not contravene any applicable law, the rights of third parties, these General Conditions of Use or good morals. In particular, the User hereby undertakes not to use any names of other persons, names that are subject to copyright, a trademark or any other protection, names with a provocative or injurious content or encoded names that can be assigned to racist, extremist or similar groups. Should one of the obligations of conduct stated above not be observed, the Supplier shall be entitled to delete, block or edit the contents immediately without specifying any reasons or to delete or bar the respective user immediately.

Exclusion of liability

The Supplier shall be liable for any damages other than such claims for damages which relate to health effects, human injury or loss of life only insofar as they are based on intent or gross negligence or on culpable contravention of an essential contractual obligation by the Supplier, its employees or its agents. This shall also apply to damages arising from the contravention of obligations during contractual negotiations and from the undertaking of unauthorised actions. Any additional liability for compensation is hereby excluded. Except in cases of intent or gross negligence, the contravention of a cardinal obligation or damages which relate to health effects, human injury or loss of life due to the Supplier, its employees or its agents, the liability shall be restricted to damages that were typically predictable at the time of conclusion of the Agreement and in the amount of contractually typical average damages. This shall also apply to direct damages, and in particular to lost profits. The provisions of the German Product Liability Act shall remain unaffected.

Exemption

The User hereby guarantees that the contents communicated by the User are free from rights of third parties that could counteract any publication or other use by the Supplier. Upon communicating the contents to the Supplier, the communicating User grants its consent to their publication. The User hereby exempts the Supplier and its employees and agents from all claims of third parties, which the latter may assert as the result of predictable, culpable legal infringements by the User, in particular due to the infringement of trademark, design patent, utility patent, patent, copyright or other intellectual property rights and/or personal rights, or in general due to any culpable legal infringements by the User, insofar as the User is at fault. Any possible contributory negligence by the Supplier shall be taken into account on a pro-rata basis. The User hereby undertakes to indemnify the Supplier against all types of legal proceedings, damages, losses or claims that may arise due to the availment of the service of the Supplier contrary to the contract by the User, insofar as the User is at fault. This exemption obligation refers to the costs that may be necessary to defend against such a claim.

Termination

The services in the sense of Section 3 of these General Conditions of Use may be terminated at any time without observing a period of notice.

Sending of private messages, notification of legal infringements, additional notes

With regard to the sending of private messages, the User must observe the following principles: The sending of private messages of an offensive, objectionable, racist or illegal nature is prohibited for the User. The same shall apply to the sending of spam mails or messages with advertising content. In the case of an infringement against these principles, the Supplier is entitled to bar the User with immediate effect. The Supplier shall accept no liability for the availability for use at any time of its internet offering. The Supplier reserves the right to modify or suspend the offering of its website at any time or to impose additional conditions.

Data-protection clause

With regard to data protection, the data-protection specifications of the Supplier shall apply.

Applicable law

This Agreement shall be subject to German law. Mandatory provisions of the state in which the User normally resides shall remain unaffected. Insofar as the User is a registered trader, a public-law legal entity or public-law special fund, or if the User does not have any general jurisdiction in Germany or moves its place of residence abroad after the conclusion of the Agreement or if its place of residence is not known at the time when legal proceedings are initiated, the place of performance and the court of jurisdiction for disputes arising from this Agreement shall be the location of the registered office of apnoti.com GmbH.