GENERAL TERMS AND CONDITIONS FOR USING THE ELOoffice INTERNET PLATFORM ELOoffice

1. Scope

1.1. The following Terms of Use apply to all Users that register for offers on the elooffice.elo.com Internet platform ("the Platform") including access to the ELO website outside of the Federal Republic of Germany. 

1.2. The Terms of Use are available at all times online and can be printed. They apply to all one-time and ongoing services, provided no special regulations apply.

1.3. The General Terms and Conditions for special services, such as the ELOoffice shop, ELOoffice forum, etc. shall apply in full in accordance with these Terms of Use; in the event of conflicting definitions in other General Terms and Conditions, the more specific Terms and Conditions shall apply. 

1.4. The Platform is operated exclusively by ELO Digital Office GmbH ("ELO"), headquartered in Stuttgart, Germany.

 

2. Changes to the GTC/Right of termination

2.1. ELO reserves the right to change these General Terms and Conditions as well as the special Terms of Use named above. ELO will provide information regarding changes on the Platform. In case of legal actions carried out before the changes, the original Terms and Conditions shall apply.  

2.2. Changes to the GTC shall be deemed as accepted by the User if the User continues to use offers from ELO one month after the new GTC takes effect or the User does not terminate the agreement within two months of the changes taking effect.

 

3. Availability

3.1. The Provider shall offer services to the User subject to availability. The Provider shall endeavor to ensure that the service is accessible at all times. Maintenance work, further development, or malfunctions may result in restrictions or temporary interruptions to availability. As a result, data loss may occur in some circumstances. This does not entitle affected Users to compensation.

3.2. Furthermore, the Provider is entitled to change or discontinue the services offered at any time at its own discretion without prior notification.

 

4. User Agreement/Opening a User Account

4.1. The User must conclude a User Agreement for certain online offers, such as My ELOoffice or participation in the forum. This User Agreement is concluded when the User submits a request for a personal user account from ELO. Registration requires the User to

  • provide the data requested in the registration form ("Registration") and
  • the User must either be a natural person with legal capacity over the age of 18, or a legal person, or a company in accordance with Section 6 German Commercial Code (Handelsgesetzbuch - HGB).

The User does not have a legal right to be granted access. ELO reserves the right to deny registration to any User, and hence the conclusion of a User Agreement, without giving any reasons.

4.2. This permission applies to the User personally and cannot be transferred to others. The User is responsible for maintaining the confidentiality of the user name and password. 

4.3. By registering, the User accepts these General Terms and Conditions as well as all special Terms of Use named in 1.3 as the basis for the User Agreement.

4.4. By registering, the User is entitled to use all offers on the Platform. These offers include ordering goods from the ELOoffice shop and using services in My ELOoffice. 

4.5. The User must be a resident in Germany or another Member State of the European Economic Area or Switzerland to be able to use the offers. If the User moves residence or principal place of business to other regions, this permission no longer applies. The User is obligated to inform ELO of such a change immediately.

4.6. The User shall ensure that all personal information is correct and is obligated to notify ELO immediately of any changes to this data.

 

5. Obligations of the User

5.1. In using the services, the User shall not violate any applicable laws or contractual provisions. The User also affirms that the content it circulates does not infringe any rights of third parties, especially copyright, personal rights, patent and trademark rights and other such rights, that applicable criminal laws and laws for the protection of children and young people will be observed and that no material will be distributed that is racist, denies the Holocaust, is grossly offensive, pornographic or sexually explicit, harmful to minors, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extreme political association, incites crime, contains defamatory or abusive content or such that is unsuitable for minors or that may be liable to prosecution in some other way.

5.2. In addition, the User agrees to observe the principles of data protection and comply with the obligations of the Privacy Policy. In particular, the User shall take particular care to scan e-mails and queries sent to the Provider for viruses, to comply with legal and technical standards, and to keep safe the user name and password (see individual password).

 

6. Password

6.1. By registering, each User receives a unique password, which is required for access to ELO services. The User is not permitted to disclose this password to third parties and must keep it safe in order to prevent unauthorized access. 

6.2. The User must notify ELO immediately if the password is lost or if the User becomes aware that an unauthorized third party has gained access to the password. If the User is unable to prove that a third party obtained knowledge of the User's ELO login data without permission, the User shall be invoiced for all orders and services placed via that User's account. The User is liable for any unauthorized use by third parties unless able to prove that they are not responsible.

 

7. Scope of Use/Copyright

7.1. The User is not entitled to use the offers provided by ELO for commercial purposes.

7.2. All content, information, images and pictures, videos, and databases published by ELO on the Internet platform are protected by copyright. Material may not be used, copied, reproduced, published or distributed, including inclusion in databases, in any way except for the User's own personal non-commercial use. Any other use requires the prior written permission of ELO. This also applies to excerpts or cropped images.  

 

8. Privacy

In accordance with the German Telemedia Act (Telemediengesetz - TMG), German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and other data protection provisions, the User is hereby informed that the personal data provided as part of registration will be saved in a machine readable format, processed, and used exclusively for the purposes the User has specified provided the User has not agreed to the data being used in other ways. Further information on data protection can be found here: Privacy Policy

 

9. Right to cancel

9.1. The User reserves the right to cancel the User Agreement within two weeks of receiving confirmation of registration. The User may cancel registration using the subject line "Cancel ELO registration" by writing to one of the following addresses: 

ELO Digital Office GmbH 
Tübinger Str. 43
70178 Stuttgart 
Germany

info(at)elooffice.com


9.2. The User must cancel registration within the specified period stated. In doing so, the User is no longer bound to the Terms of Use or the GTC. The right to cancel ceases as soon as the User has used a service on the Platform.

 

10. Termination

10.1. ELO reserves the right to terminate the User Agreement at any time without giving reasons. In this case, the permission to use the offers on the Platform shall no longer apply. 

10.2. Notwithstanding, ELO will terminate the User Agreement in particular if the User makes false statements when registering, registration requirements do not apply to the User, the User breaches the provisions of the GTC and the special terms listed under 1, or if there are serious indications of unlawful activities by the User. 

10.3.  ELO shall notify the User of registration on the corresponding confirmation page and of termination in writing, by fax, or by e-mail. 

10.4. The User reserves the right to terminate the User Agreement at any time without giving reasons. ELO shall withdraw the registered account as soon as notice of termination is received. Termination may be given in writing. The User must send notification of termination to one of the following addresses using the subject line "Termination of ELO Registration":

ELO Digital Office GmbH 
Tübinger Str. 43
70178 Stuttgart  

info(at)elooffice.com

 

11. Changes to and discontinuation of offers on the Platform

11.1. ELO is not obligated to provide the services offered and reserves the right to cease providing the services offered on the Platform and the URL at any time without giving any reasons. The User is not entitled to make any claims against ELO in this connection unless expressly stated otherwise in the special terms.

 

 

12. Liability of ELO

12.1. ELO does not assume liability for ensuring that interactive processes are delivered to the User correctly and that the User has access to the Internet at all times. In addition, ELO does not guarantee that data is transmitted at a certain speed.

12.2. ELO is also not liable for malfunctions resulting from defects or disruptions related to the User's computer or the communication channels from the User to the server, or due to misuse of the user name and password.

12.3. ELO shall not be responsible for any data loss during transfer outside of its domain. Transfer of risk takes place as soon as the data is delivered or a post is available for retrieval on the server. ELO does not assume liability for data security outside of its domain.

12.4. The Provider makes the posts available to the User for access/use in line with the User Agreement. ELO assumes neither explicit nor implied liability for the correctness, completeness, reliability, currency, or viability of the accessed posts.

12.5.  ELO shall rectify any disruptions or errors as soon as possible and shall endeavor to eliminate minor impairments within a reasonable period. ELO shall endeavor to ensure that the service is accessible at all times. However, the User does not have the right to demand constant availability of the service.

12.6. ELO excludes liability to the extent permitted by law.

12.7. ELO shall be held liable on whatever legal grounds if it causes damage through gross negligence or with intent or violates an obligation that is material to the contract, in the event of default or inability to fulfil the contract to the extent that such damages were reasonably foreseeable on conclusion of the contract (including, but not limited to, lost profits, business interruption, loss of business information, or any other financial damage) arising out of the use or inability to use the service and materials, even if ELO has previously been advised of the possibility of such damages.

12.8. Liability for personal injuries and in accordance with the German Product Liability Act (Produkthaftungsgesetz) is not affected.

12.9. The User is only entitled to assert claims for damages insofar as the Provider is held liable pursuant to Sections 276 and 278 German Civil Code (Bürgerliches Gesetzbuch - BGB)

12.10.  ELO has no influence over the contents of external websites that can be accessed through the ELO website and does not accept any liability in connection with or endorse or approve the contents of any such website.

 

13.  Complaints Procedure Pursuant to Section 14 Paragraph 1 ODR Directive and Section 36 German Act on Dispute Resolution in Consumer Matters (VSBG):

The European Commission has established the Online Dispute Resolution website  http://ec.europa.eu/consumers/odr/ . We are not legally obligated or willing to enter into a dispute resolution proceeding before a dispute resolution body.


As a customer-oriented company which strives to maintain good relationships with our customers, we believe that it is possible to resolve a dispute without the need for a dispute resolution body. In the event of disagreements or disputes between the customer and ELO Digital Office GmbH, we will continue to attempt direct negotiations with the customer to find an out-of-court solution that is of mutual benefit to all parties involved.  

If you have any questions, you can send an e-mail to: bestellung(at)elooffice.com

 

14. Final provisions

14.1. ELO sends notifications to the User in the form of e-mails. The User consents to receiving e-mails from ELO about all types of updates to the Platform.  

14.2. To the extent that a date and/or time are decisive for declarations and legal transactions, the date and time shown by the ELO server shall apply.  

14.3. ELO reserves the right to assign the performance of its services in whole or in part to third parties at any time. All agreements between ELO and the User shall be governed exclusively by the laws of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods. 

14.4. The courts of Stuttgart shall have jurisdiction in the case of commercial users. This jurisdiction also applies in the case of non-commercial users in so far as this complies with the German Code of Civil Procedure and the Brussels I Regulation.

    GENERAL TERMS AND CONDITIONS FOR USING THE ELOoffice FORUM

    Preamble

    The ELOoffice forum is aimed at resellers, distributors, partners, and customers of ELO Digital Office GmbH and primarily serves to enable Users to share and exchange information related to our products and services. The User has a unique profile and is able to contact and communicate with other Users.  
    Users can post messages, reply and discuss specific topics on the forums. Registered Users can publish posts relating to the product ELOoffice and comment on posts by other Users.
    ELO Digital Office GmbH provides the technical platform. If ELO Digital Office GmbH provides its own contents, these are expressly marked as such.

     

    1. Scope

    The ELOoffice forum is part of elooffice.elo.com. The forum is operated exclusively by ELO Digital Office GmbH ("ELO"), headquartered in Stuttgart, Germany. The following Terms of Use apply for the ELOoffice forum. The General Terms and Conditions for using the ELOoffice Internet platform shall also apply; in the event of conflicting definitions, the more specific Terms and Conditions shall apply.

     

    2. Registration, participation, and membership

    1. In order to access the forum, Users must establish a user account (see 4. General Terms and Conditions for using the ELOoffice Internet platform). It is a condition of use of the forum that all the information the User provides is correct, current, and complete. The User also represents that it has legal capacity at the time of submitting the registration. The User is obligated to inform ELO Digital Office GmbH immediately of any changes relating to the data that the User has submitted.

    2. The User is only entitled to register one forum account in their own name. Registration of multiple accounts or accounts by or on behalf of third parties is not permitted.

    3. The User is required to provide specific information for the purpose of establishing the user profile. All other information is voluntary. Any information submitted for the user profile must be truthful and accurate. The user name may not contains terms protected under trademark law or Internet domain names.

    4. Once the registration process is complete, the User is eligible to use the Platform. As a registered member of the ELOoffice forum, the User is entitled to use all the Platform's offerings, in particular the functions of the free forum. If logged on to their user account, the User can post to the forum in their first and last name. 

    5.  ELO requests that you please be respectful when interacting with other Users. Be fair and objective when debating on the forum, even when someone has a different view. Stay with the thread and do not diverge to a different discussion topic.

    6. ELO reserves the right to exclude members from a forum discussion if the User's posts do not follow proper netiquette (see Section 5). 

    7. New discussion topics can only be started by the moderators. Users may send suggestions for topics to the forum address info[at]elooffice.com or start new sub-topics themselves. 

    8. Users are not permitted to use the forum for commercial purposes.

    9. The User does not have a legal right to be granted access. ELO reserves the right to deny registration to any User, and hence the conclusion of a User Agreement, without giving any reasons. The operator reserves the right to make unrestricted use of the domiciliary right.

    10. As ELO cannot determine with absolute certainty whether the identity submitted by a registered User represents the User's actual identity, ELO is under no obligation to verify the actual identity or authenticity of any User based on the information provided.

     

    3. Provider services

    3.1. General
    ELO allows the User to publish posts/comments in the ELOoffice forum within the scope of these Terms of Use. Subject to its technical and financial resources, ELO shall provide the Users with a free discussion forum.

    3.2. Obligations
    1. ELO is under no obligation to check whether the posts/comments uploaded by Users are accurate, truthful, and comply with applicable laws and regulations. We do not exercise any editorial control over uploaded content.

    2. If ELO receives notification from a third party claiming that any content posted or uploaded constitutes a violation of their intellectual property rights, ELO shall be required to respond to copyright infringement notices pursuant to its obligations (see Section 4 No. 8 and Section 5 No. 7) and remove the infringement.

    3.3. Availability/Authority to modify
    1. The User shall accept that ELO will not be liable if, for any reason, the website is unavailable at any time or for any period. ELO shall endeavor to provide constant, uninterrupted access to the website and any content on it, but we may restrict access to all or any applications without notice for any period. Maintenance work, further development, or malfunctions may result in restrictions or temporary interruptions to availability. ELO will use reasonable efforts to notify you in advance of scheduled maintenance if this is likely to cause prolonged downtime. ELO cannot rule out server downtime due to technical or other disruptions that the Provider has no control over (third-party disruptions, force majeure, hacker attacks, etc.). ELO is not liable for any performance obligations beyond this.

    2. Furthermore, ELO reserves the right to withdraw or suspend any or all parts of the ELOoffice forum at any time. ELO is also entitled to make changes relating to content, structure, design, groups, forums, categories, and functionalities, as well as to remove these in whole or in part. ELO will inform the User of any changes to the Platform.

    3. The User should address any questions or problems to info[at]elooffice.com. The User is not entitled to support.

     

    4. Obligations of the User

    1. The User agrees not to use the site for any unlawful purposes, in particular not to violate the property or any rights of others or these Terms of Use.  

    2. The User shall not disclose its login data to third parties and agrees to protect these from unauthorized access (See Sections 4.2 and 6 General Terms and Conditions for Using the ELOoffice Internet Platform). If the User becomes aware that login data has been disclosed to a third party, the User is obligated to notify ELO immediately.  

    3. By using the Platform, the User is liable for and obligated to ensure that the content uploaded, stored, and published, and if it makes references to other pages, does not violate these Terms of Use, the rights of third parties, behavioral rules on the Internet (netiquette, chatiquette), or otherwise violate applicable law. 

    4. In particular, the User is not permitted to use the ELO platform to upload, store, distribute, or publish content which makes reference to such if these 
     

    • violate or interfere with personal or property rights of third parties (in particular copyright and trademark rights, or use of copyrighted work without permission)
    • are deemed to be defamatory, obscene, libelous, offensive, glorifying violence, pornographic, xenophobic, likely to incite racial hatred, left-wing or right-wing extremist, unsuitable for minors or otherwise reprehensible or
    • constitute viruses, circumvention devices pursuant to conditional access control law (Zugangskontrolldiensteschutz-Gesetz) or unsolicited bulk advertising
    •  .....solicit others to participate in chain mail or other commercial ventures that directly or indirectly promote products and services, or religious or political causes.


    5. The User also agrees not to
     

    • engage in anti-competitive activities;
    • submit false information that would constitute a criminal offence or misdemeanor if published;
    • post content/comments several times in the forum (double postings);
    • reproduce, distribute, or otherwise make publicly accessible or otherwise exploit content that can be accessed via the forum without the consent of the respective owners, unless the relevant actions are expressly permitted under the applicable laws.


    6. The User is responsible for checking whether the information in comments/posts is suitable for publication. Such content can be crawled by search engines meaning that anyone can view it. ELO is under no obligation to delete or correct search results pages.

    7. The User is solely responsible for ensuring that the technical requirements for using the forum are in place. This also applies whenever ELO updates the Internet platform. Furthermore, the User agrees to take precautions to secure their system, in particular to use conventional browser security settings and to use up-to-date security software to safeguard against computer viruses and other malware.

    8. If the User becomes aware of any actions which impair the functionality of the ELOoffice forum applications to the detriment of other Users or notices any use that is illegal or contrary to the Terms of Use, the User is obliged to report them to info[at]elooffice.com. This also applies to posts/comments that the User considers questionable.

     

    5. Rights in case of breach of duty

    1. 1. ELO is entitled to take action against any User who is in breach of legal regulations or any of the general and special Terms of Use.  

    2. ELO shall notify the User of the breach and request that the User deter from future infringements. ELO Digital Office GmbH may dispense with issuing a warning in the event of more serious infringements.    

    3. Notwithstanding any other rights and claims, ELO reserves the right to impose the following measures and sanctions:
     

    • delete/remove/move posts/comments
    • remove write access
    • exclude the User from specific applications
    • temporarily/permanently block access for the User


    4. When the User's account is blocked, the User is prohibited from using the forum. ELO will block the User's password and delete the User's profile. Re-registration is not allowed. ELO shall inform the User that the account has been blocked but is not obliged to state the reasons for the measures and sanctions.

    5.  ELO reserves the right to delete and remove posts/comments which have nothing to do with the respective topic of the discussion thread. ELO also has the right to move posts/comments or close entire discussion threads. ELO will usually notify the User if it moves or deletes posts/comments; however, the User/author is not entitled to be granted this information.  

    6. The User/author is not entitled to assert claims against ELO for deletion or correction of user-generated posts/comments. 

    7. If a complaint is registered about a specific entry, ELO shall forward this complaint to the author of the entry/post and request them to respond within 5 working days. If the author does not respond, it is assumed that the complainant is right. The entry will be deleted. If the author does not agree with the complainant's view and there are grounds for justified doubt, ELO shall request that the complainant provide evidence of a legal violation. The entry/post shall be deleted as soon as the evidence submitted by the complainant is shown to constitute a legal violation (of personal rights). If, on the other hand, the complainant does not respond, ELO is not under any obligation to investigate the matter further.

     

    6. Transfer of usage rights

    1. Copyright for the posts/comments is not transferable. If the User uploads copyrighted or otherwise legally protected work (text and/or photos) to the Platform, ELO shall have a transferable and simple right of use to post the contributed material an unlimited number of times and with no temporal and spatial restrictions, on the whole of the Platform, make it accessible to the public, distribute it and make it available for download by third parties. ELO reserves the right to use the copyrighted work. The right extends to known and unknown forms of use. The Terms of Use of the forum shall apply to the User in this respect.

    2. The rights to content in the personal profile of the User, in particular information posted there, are limited to the duration of the User Agreement. Such content will be deleted by ELO at the end of the User Agreement, usually within five working days (see Section 8.2 No. 2).

    3. The right to use this content for advertising purposes is subject to the approval of the respective owner.  

    4. By posting entries, you warrant that you own or have rights to the intellectual property in such content.

     

    7. Indemnity

    1. You agree to indemnify ELO, its employees and agents in respect of all claims made by third parties against ELO for violation of their rights due to the content posted by the User in the ELOoffice forum content or by any other improper use of the ELOoffice forum by the User. The User shall reimburse all costs at the statutory rate incurred due to a violation of third-party rights, including the costs of legal counsel.  

    2. In addition, the User is required to provide all available information and materials in the event of a third-party claim immediately, truthfully and in full. This does not affect any further rights and claims of ELO, its employees/other agents.  

    3.  Section 7 No. 1 shall not apply if the User is not responsible for the violation of rights.

     

    8. Termination of membership

    8.1. User
    1. 1. The term of the unlimited User Agreement is concluded with the registration and with the User's consent to these Terms of Use. The membership can be terminated by the User without giving reasons and without providing notice. In this case, the permission to use the offers on the Internet platform shall no longer apply.

    2. If the User terminates the User Agreement, ELO shall, upon receipt of this declaration, confirm the termination of the User Agreement (see Section 12 No. 1).

    The User may send written notification to one of the following addresses using the subject line "Termination of Membership ELOoffice Forum":  

    ELO Digital Office GmbH 
    Tübinger Str. 43
    70178 Stuttgart 
    Germany

    info[at]elooffice.com

    8.2 ELO
    1. 1. ELO reserves the right to terminate the User Agreement and the associated membership without giving reasons and to withdraw the registration. 

    2. If the User Agreement is terminated, the User's account will be deleted. Furthermore, all the User's personal data that has been stored will be permanently deleted unless ELO is obligated to store these data for legal reasons (see Section 6 No. 2).

    3. Posts/comments that the User has uploaded to the forum prior to termination of the User Agreement shall remain on the forum and therefore accessible to the public pursuant to Section 2 No. 4 sentence 3.

     

    9. Liability

    1. Section 12 General Terms and Conditions shall apply. 

    2. In addition, ELO does not assume any liability for the content posted in the forum, in particular for its correctness, completeness, reliability, currency, or viability.

    3. Unless regulated otherwise, the User is not entitled to make claims for damages. The foregoing disclaimer of liability also applies to ELO's legal representatives and agents, provided the User asserts claims against them.  

    4. The disclaimer of liability and entitlement to damages does not apply in cases of harm to life, body or health and claims for damages resulting from the violation of material contractual obligations. Material contractual obligations are those whose fulfillment is a prerequisite for enabling the proper execution of the contract. The disclaimer of liability does not apply to damages pursuant to product liability law (German Product Liability Act - Produkthaftungsgesetz), liability for personal injuries and for damages incurred due to gross negligence or willful misconduct by the Provider, its legal representatives or agents.

     

    10. Copyright

    All texts and other information, content, images, photos, videos and databases featured on our Internet platform are subject to the copyright protection of our website unless otherwise indicated. Material may not be used, copied, or reproduced in any way except for the User's own personal non-commercial use. Any other use requires the prior written permission of ELO. ELO reserves the right to take legal action in the event of illegal or unauthorized use of copyright material. The User shall be liable for any costs arising from or incurred in connection with such infringements.

     

    11. Data privacy

    Section 8 General Terms and Conditions for using the ELOoffice Internet platform shall apply.

     

    12. Complaints Procedure Pursuant to Section 14 Paragraph 1 ODR Directive and Section 36 German Act on Dispute Resolution in Consumer Matters (VSBG):

    The European Commission has established the Online Dispute Resolution website http://ec.europa.eu/consumers/odr/ . We are not legally obligated or willing to enter into a dispute resolution proceeding before a dispute resolution body.


    As a customer-oriented company which strives to maintain good relationships with our customers, we believe that it is possible to resolve a dispute without the need for a dispute resolution body. In the event of disagreements or disputes between the customer and ELO Digital Office GmbH, we will continue to attempt direct negotiations with the customer to find an out-of-court solution that is of mutual benefit to all parties involved.  

    If you have any questions, you can send an e-mail to: bestellung[at]elooffice.com

     

    13. Final provisions

    1. ELO shall send notifications to the User by e-mail. The User consents to receiving e-mails from ELO about all types of updates to the Platform.  

    2. To the extent that a date and/or time are decisive for declarations and legal transactions, the date and time shown by the ELO server shall apply.

    3. ELO reserves the right to assign the performance of its services in whole or in part to third parties at any time. All agreements between ELO and the User shall be governed exclusively by the laws of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods.  

    4. The courts of Stuttgart shall have jurisdiction in the case of commercial users. This jurisdiction also applies in the case of non-commercial users in so far as this complies with the German Code of Civil Procedure and the Brussels I Regulation.