General Terms and Conditions of Eardex.com
PLEASE NOTE: This is a translation of our General Terms and Conditions. The German language version is the only original and authentic version. In any case of conflict, deviations or inconsistencies between the two versions, the German language version shall be the governing version.
The following General Terms and Conditions apply to any use or visit of any site of Eardex.com including all its sub pages and sub-areas or sections (the "Eardex Website" or "Website") as well as to any use of services offered on the Eardex Website or otherwise. In each case, such version of the Terms and Conditions will apply which is posted on the Eardex Website at the time a user is accessing the Website or using any services offered therein. By visiting or using the Eardex Website and/or by using any services, you fully agree to be legally bound by these Terms and Conditions (including the Privacy Statement). If you do not fully agree to these Terms and Conditions, you may not access the Eardex Website or use any service offered therein.
In case there are special or additional terms and conditions mentioned on any single webpage of Eardex relating to the use of content or features and functions offered on this page, these will apply in addition to these General Terms and Conditions.
Eardex.com is a pure information platform. On the Website, no products will be distributed, sold, promoted or assessed in any form. The Website solely offers different information and content: on the one hand, information on local prices of several products and services with the purpose to give insight into the worldwide differences in cost of living or the overall price level in towns/cities, regions and countries (the "Price Information"), and on the other hand further information and content such as facts on single countries (e.g. capital, languages, climate, maps, etc.) or news on different topics or any other information and content (the "Other Content").
Part of the information and content available on Eardex.com is obtained from freely available or open sources, other parts are own translations or were directly created by Eardex.com. Most of the information and content is based on input of our users, which in particular and entirely applies to the Price Information. The freely available or open sources used on Eardex.com are disclosed in our FAQ.
Provider of the Price Information and Other Content as well as operator of the Eardex Website is the Eardex.com Walker F. / Schmeißer S. GbR, Theodor-Heuss-Ring 1, 50668 Köln (Cologne), Deutschland (Germany) (the "Company" or „we“ or "Eardex").
As regards all Price Information, Other Content and further information and data, search results, texts, graphics, logos, pictures, the layout, the Eardex database, the software and all other content and information and parts or features of the Eardex Website as well as the Eardex Website in its entirety, the Company reserves all rights, in particular all national and international copyrights and other protection rights as well as the exclusive right of use.
In this context, please note that some texts, pictures, graphics or other files or content or part of it might be subject to third party copyrights.
It is strictly prohibited to forward or pass on as well as otherwise reproduce, copy, duplicate, republish, process, modify, distribute and/or communicate to the public any content, material or information of the Eardex Website (whether in full or in part) by any means or in any manner without the prior written and express consent of the Company.
It is prohibited to include or represent the Eardex Website or any of its web pages or their content (whether in full or in part) in a partial window or frame of another website or online offering by means of a hyper link without the express prior written consent of the Company. In addition, it is prohibited to extract or read out and/or copy any information, content or other data of the Eardex Website with the help of technical or other tools (e.g. Crawler, Spider etc). In particular, it is prohibited to automatically extract content or information from the Eardex database or the Eardex Website, e.g. by means of scraping.
Other websites or online offerings are expressly allowed to place a link to the Eardex Website on their on pages. However, the Company reserves the right to request deletion/removal of such a link without giving any reasons. In any case, third parties have to comply with such a request immediately and without objection.
By entering prices on Eardex.com and/or by transmitting other data, information or content to the Company the user grants the Company the right, to use, process and/or exploit (whether commercially or otherwise) these data, information or content in any form or manner.
Users can sign up on Eardex.com. This registration is optional and free of charge but necessary to be able to access all information and content of Eardex and to use all of its areas, features and functions.
When signing up, among other things users have to choose a user name which can be displayed in different areas of the Eardex Website for different purposes. All users expressly and fully agree to this. The chosen user name may not be vulgar, offensive or otherwise inappropriate. To decide if this is the case is in the sole discretion of the Company. The Company expressly reserves the right to request users to change their user name in such a case. Any user is obliged to comply with such a request immediately.
Multiple or repeated registration is strictly prohibited.
There is no right or entitlement to be registered. In case of violation of these General Terms and Conditions, the Company reserves the right to deny registration or access to the Eardex Website to any user or to cancel an already completed registration.
The acceptance of a registration by the Company does not create any right or entitlement for any user to use the Eardex Website.
All users choose a password on their own when signing up. Passwords my not be passed on or made available to third parties or any other person.
Users can cancel their registration any time. This can be done in the Eardex profile of a user. Personally identifiable data of the user will then be deleted. However, the Company will keep and continue to use all other prior input by a user (e.g. price entries) or other information or content transmitted to the Company. Such data, information or content will not be deleted.
Under certain conditions, we offer commercial or business users to place a link to their own website on Eardex.com. This is how it works: Whenever a user searches prices for a country, for example, links of companies domiciled in this country will appear. For this purpose, there will be a box on each "country page" showing up to five relevant company websites in rotation. It exactly works the same way when it comes to towns/cities or regions instead of countries, provided that the location (town/city) of the business is listed in our cities database or, regarding regions, that the town/city is actually assigned to a region.
Precondition for accepting a link is that the commercial or business user enters prices for all products – for the respective home town – and updates these prices entries at least every three months. In addition, only serious businesses are permitted. To decide if this is the case is in our sole discretion. We reserve the right to decline adding certain links as well as to remove placed links. There is no right or entitlement for any link to be added. We do not assume any liability and provide no guarantee or warranty whatsoever in case of/for technical or other failures or malfunctions which could result, for example, in links being not properly shown. We cannot tell how often a single link will be shown. This is, among other things, dependent on the searches done by our users and the number of commercial users using this feature, as the respective link box on each city, region or country page will be limited to a maximum of 5 links (shown in rotation if there are more than 5).
The Company does not assume any liability and provides no guarantee or warranty whatsoever that the Price Information and Other Content available on the Eardex Website will meet the expectations of a user or that a user – with this Price Information and Other Content – will be able to achieve a particular goal that this user seeks to achieve.
In general, most of the information (e.g. Price Information) and Other Content on the Eardex Website has not been created, established, produced or researched by the Company but is based (in full or in part) on user input or directly represents and displays such input without review or processing by the Company. Therefore, we cannot and will not guarantee that the Price Information or Other Content on the Eardex Website is true or correct. The Company does not assume any liability or responsibility and provides no guarantee or warranty whatsoever (expressed or implied) as to the exactness, accuracy, up-to-dateness, actuality, reliability, quality, completeness and/or correctness of the Price Information and Other Content available on Eardex.com.
The Company does not guarantee that the Eardex Website is available or accessible any time or at a specific point in time. In particular, the Company does not assume any liability and provides no guarantee or warranty whatsoever in case of/for interruptions or interferences, technical or other failures or malfunctions and/or the temporary or permanent breakdown or outage of the Eardex Website, as well as any consequences arising as a result thereof.
The Company hereby expressly states that it does not assume any liability and provides no guarantee or warranty whatsoever as regards the content or statements of advertisements that users will see on the Eardex Website (e.g. in banners or any other advertising forms, areas or spaces). The Company does not accept or approve of or adopt as its own such content or statements. The Company does not check legal permissibility of advertisements. It is the sole responsibility of the party which ordered or placed an advertisement to ensure its legal permissibility. In particular, this applies to cases were advertisements violate competition and copyright laws and regulations as well as any other relevant laws, rules and regulations. In case of such violations, responsibility and liability lies solely with the party which ordered or placed the advertisement in question and under no circumstances with the Company.
The Eardex Website also contains links to other websites. The Company does not assume any liability or responsibility and provides no warranty whatsoever as regards the content of such other external websites and/or possible consequences which may arise as a result of a visit to any such external website. In this context, please also refer to section 7 of these General Terms and Conditions which contains further information and conditions as regards external links.
Independent of the legal basis, all liability of the Company as well as any claims for damages against the Company or its employees, representatives and any other agents or assistants are generally excluded in any case. This does not apply to cases which are demonstrably based on willful intent or gross negligence on our part.
The Eardex Website also contains links to other, external websites of third parties. The Company is not able to constantly check the content of such external websites. The Company has no influence on its current and future content, nature or design. Therefore, the Company hereby expressly dissociates itself from any content of any linked site. However, at the time the external link was placed, the Company did check these external websites to see if legal violations could be observed. This was not the case. The responsibility for the content of these external websites lies solely with the provider of these sites. Any use of external links is always and solely at the own risk and responsibility of the user. The Company does not assume any liability or responsibility and provides no warranty whatsoever as regards the content or use of such external websites and/or possible consequences which may arise as a result of a visit to any such external website. Using an external link will in no case and under no circumstances justify or give rise to any warranty or any other claims against the Company, which only provides access to these sites.
In particular, the Company does not assume any liability or responsibility and provides no guarantee or warranty whatsoever (expressed or implied) as to the availability of external websites, the reliability, dependability, correctness, exactness, accuracy, up-to-dateness, actuality, quality, completeness etc. of information and content available on external sites, the quality of products, services or information etc. offered or provided on such sites, as well as to possible damages and/or losses (e.g. damages to the devices used by the user (e.g. his PC), data loss etc.) which arise or are suffered as a result of a visit to or actions taken on such external site (e.g. downloading content or other data, conclusion of transactions, purchasing products or services etc.).
SPECIAL NOTE: On the Eardex Website, the Company "kindly asks" its users – in certain cases – to use external links placed on Eardex.com (e.g. advertising links, links listed on the Eardex support page). This is one possibility for users to support the Company. In this context, we would like to expressly point out and clarify the following: Please only use external links, if you wanted to visit the respective external website anyway and completely independent from the "request" of the Company. If you did not want to access such a site anyway and on your own initiative, we expressly advice: Please ignore our "request", do not allow yourself to be influenced by it and rather do NOT visit such sites. Otherwise all conditions on external links mentioned above apply!
The Eardex Website also contains several so called social plugins. Prior to using any such feature, users should inform themselves about possible consequences of doing so. Information on privacy aspects and possible transmissions of data to third parties is provided in our Privacy Statement.
Please find our Privacy Statement here. This statement forms an integral part of these General Terms and Conditions. It is provided in a separate document for reasons of clarity and oversight only. The General Terms and Conditions and the Privacy Statement belong together and form one single unit. Therefore, they are always to be read, considered and recognized together and in their entirety.
As regards the whole relationship between a user and the Company and these General Terms and Conditions in their entirety, solely German laws, rules and regulations shall apply. Place of performance and sole place of jurisdiction and venue as regards possible claims in connection with the use of the Eardex Website is the registered office of the Company.
Should any provision (or several provisions) of these General Terms and Conditions be or become ineffective, invalid or inapplicable, the validity, effectiveness and enforceability of the other provisions will remain unaffected and these other provisions shall continue in full force and effect.
The Company expressly reserves the right to change or modify the General Terms and Conditions including the Privacy Statement at any time with effect for the future.
General Terms and Conditions as of 11 August 2011