Terms of Use

Scope, contracting parties and definitions

These Terms of Use shall apply to the use of the website provided by Euro Kunststoffprodukte Trading GmbH, represented by their Managing Director Nusret Yavuz, Kopernikusstrasse 6, 45888 Gelsenkirchen, Germany (hereinafter gender-neutral “operator”) and bearing the name “onhd.com” (hereinafter “onhd.com”) as well as of the software and/or database contained therein. If the operator offers special services within the framework of onhd.com, additional conditions may apply, which the operator shall point out separately.

User within the meaning of these Terms of Use shall be the generic term for registered users and unregistered visitors to the website. Registered users of the website can only be entrepreneurs. Unregistered visitors to the website can be both consumers and entrepreneurs.

Registered users shall be granted read access to onhd.com and have the option to use technical functions.

Visitors are users who have read access to parts of onhd.com that do not require registration and can use certain features of onhd.com that do not require registration.

A consumer according to Section 13 BGB is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is any natural person or legal entity or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

Advertisers are registered users (hereinafter gender-neutral “advertisers” or, collectively with the interested party, “users”), who can create, manage, place and/or publish a company profile via onhd.com as entrepreneurs.

Interested parties are registered users (hereinafter gender-neutral “interested parties” or, collectively with the advertisers, “users”), who can search for public company profiles as entrepreneurs via onhd.com.

These Terms of Use conclusively contain the conditions applicable between the operator and the user for the services offered by the operator within the framework of this user contract. Terms of the user that conflict with or deviate from these Terms of Use shall only apply if they are confirmed in writing by the operator.

Authorisation to use

The authorisation to use shall be granted exclusively to natural persons or legal entities as well as to partnerships within the meaning of section 1.2.4.

The use of the website by a legal entity or a partnership shall be limited to a representative who is authorised to represent the legal entity or partnership and who must be specified by name.

Entrepreneurs within the meaning of the Terms of Use must sufficiently prove their entrepreneurial status to the operator before starting to use onhd.com. This can be done, for example, by providing a VAT identification number of a member state of the European Union and proof of their residence or by other appropriate proof of legitimacy (e.g. business registration, excerpt from the commercial register). The data required for the proof of legitimacy must be provided by the entrepreneur completely and truthfully.

Each user may only create one user account for onhd.com. Their authorisation to use onhd.com shall apply only to them personally and shall not be transferable.

Registration and conclusion of contract

Upon successful registration or within the scope of read access as a visitor, a user contract shall be concluded between the operator and the user regarding the use of onhd.com in accordance with these Terms of Use.

After entering their data in the online form provided for this purpose, the user can register by clicking on the button that concludes the registration process. The data required for the user account is determined by the input mask used for registration. By sending the registration data, the user offers to enter into a contract, which the operator can, but does not have to accept. The operator can accept the user’s offer within 48 hours of receipt of the request by sending the user a confirmation e-mail containing a link for activating the user account. The operator uses the so-called double opt-in procedure for registration,

i.e. the registration of the user is not complete until the user confirms the registration process via a confirmation e-mail sent for this purpose by clicking on the activation link contained therein. There is no entitlement to the conclusion of a user contract.

The operator shall save the text of the contract including the Terms of Use upon conclusion of the contract while maintaining data protection and make the text of the contract including the Terms of Use available to the user by referring them to an online source (e.g. via a link). The operator will not make the text of the contract available in any other form.

The user can correct their input at any time before submitting their declaration of agreement using the usual keyboard and mouse functions.

Different languages are available for the conclusion of the contract. The specific languages available can be seen from the service description on the operator's website.

The e-mail address serves to identify and personally designate the user. The user must ensure that the e-mail address they provided during the online registration is correct, so that the e-mails sent by the operator can be received at this address. When using SPAM filters, the user must, in particular, ensure that all e-mails sent by the operator or by third parties commissioned with the processing of the order can be delivered.

The data requested in the course of the registration process must be provided by the user completely and truthfully. The user is required to keep this data (including e-mail addresses) up to date at all times. The operator does not check the transmitted data for correctness and completeness.

For the conclusion of contracts pertaining to fee-based services, the General Terms and Conditions with Customer Information (hereinafter “AGB”) shall apply, which can be viewed and retrieved at the link https://onhd.com/de/allgemeine-geschaftsbedingungen-de.k https://onhd.com/de/allgemeine-geschaftsbedingungen-de .

Subject of the contract, services of the operator and ranking

With onhd.com, the operator provides a website that allows users to post and/or retrieve user profiles and advertisements for services, goods, digital products, software and/or services by means of the software provided by the operator.

Advertisements may only be placed by advertisers within the meaning of these Terms of Use. The specific scope of services results from the service description on the operator's website and can be viewed and retrieved at the link https://onhd.com/de/register.k https://onhd.com/de/register.

Contracts between users shall be concluded exclusively outside of onhd.com. With the website, the operator shall only provide the software and the database integrated in the website along with the technical infrastructure. The operator shall not actively serve as an intermediary or as a contractual partner in any contracts concluded between the users. The conclusion of a contract shall only establish contractual relationships between the users. The contract between the users shall be subject to the corresponding legal provisions and, if applicable, deviating contractual conditions of the users.

To enable them to use onhd.com, the operator shall provide the user with access to their website and provide them with suitable software that shall remain on the operator's server. The functionality and technical specifications of the software shall be described in more detail in the service description on the operator's website. It shall neither be the owner's responsibility to establish nor to maintain the data connection between the user's IT system and the operator's server.

The order in which company profiles are displayed in a search for interested parties or in a category on onhd.com (ranking) shall be based, in particular, on the following factors:

Industries

Category as a sub-category of the industry

Countries

Staff size

Availability of the website and changes to services

onhd.com shall be provided subject to availability. As technically impossible, an availability of 100 percent cannot be guaranteed to the user. The operator shall strive to keep the service as constantly available as possible. In particular, maintenance, security or capacity concerns as well as events that are beyond the operator's control (disruptions of public communication networks, power failures, hosting failures, hacking interventions, failures of telecommunications lines from the transfer point to the Internet, etc.) can lead to disruptions or temporary shut-down of the service and shall not be counted towards the minimum availability. Availability shall be calculated on the basis of the time that elapses during the respective calendar month during the contract period minus the maintenance times. The operator shall carry out the maintenance work, as far as possible, in times of low usage.

The operator reserves the right to change the services offered or to offer different services, unless the user cannot reasonably be expected to agree to such changes.

The operator also reserves the right to change the services offered or to offer different services,

□□□□□□□□insofar as they are obliged to do so due to a change in the legal situation;

□□□□□□□□insofar as they thereby comply with a court ruling or an official decision directed against them;

□□□□□□□□to the extent that the respective change is necessary for the closing of existing security gaps;

□□□□□□□□if the amendment is only favourable to the user; or

□□□□□□□□if the amendment is of a purely technical or procedural nature, unless it has a significant impact on the user.

Changes that impact the functions of onhd.com only to an insignificant degree shall not constitute changes to services within the meaning of this section. This shall apply, in particular, to changes of a purely graphical nature and the mere modification of the arrangement of functions.

The operator shall also be entitled to adapt to the respective state of the art the hardware and software which is used to provide the services.

The software necessary for the operation of onhd.com shall be updated by the operator at irregular intervals. Accordingly, the user shall only be granted the right to use the software in the current version. On the other hand, the user shall have no right to an adaptation of the software to a particular condition.

The operator shall be entitled to engage third parties as subcontractors for the provision of the contractually owed services. In that case, the provisions of these Terms of Use shall apply mutatis mutandis.

Information about content moderation and restriction

The following is information provided by the operator to the user about the measures set up for the moderation and restriction of content within the scope of the services provided by the operator to the users.

User content, for the publication and accessibility of which the user makes use of the operator's services, must not violate applicable law or infringe the rights of third parties. It shall be impermissible, in particular, to use content

□□□□□□□□whose publication constitutes a criminal offence or an administrative offence;

□□□□□□□□that violates contracts concluded with the user, GTC, these Terms of Use or other principles, rules or guidelines imposed by the operator (e.g. netiquette);

□□□□□□□□that violates the Legal Services Act;

□□□□□□□□that contains insulting, racist, discriminatory, anti-constitutional or pornographic statements or that disseminates such ideas;

□□□□□□□□which is harmful to minors, glorifies or trivialises violence, incites hatred or is of a right-wing extremist nature;

□□□□□□□□that violates the rights of third parties (e.g. copyright, trademark or competition law);

□□□□□□□□that contains malware or malicious code;

□□□□□□□□that violates the law or morality.

Every user who utilises the operator's services shall be solely responsible for the content of the published information. The operator shall generally not be obliged to proactively check user content for its legality or compatibility with third-party rights. However, the operator reserves the right to carry out voluntary checks (“own initiative”) on a case-by-case basis in order to recognise and determine illegal content or to block access to it and to take the necessary measures in accordance with section 6.5.

Illegal content or a suspicion to this effect can be reported to third parties at any time

□□□□□□□□using the contact information provided in the site notice or

□□□□□□□□using the contact form at https://onhd.com/de/contact.

Neither the specific content of the report nor personal data of the reporter shall be disclosed.

In the case of notifications and in the context of any inspections carried out on the operator's own initiative within the meaning of section 6.2, the inspection shall always be carried out by a human inspector. In individual cases, algorithmic checks or a combination of human and algorithmic checks may be permissible as well.

If it is determined on the basis of a report or as part of a review on the operator's own initiative in accordance with section 6.2 that content published by the user is unauthorised within the meaning of section 6.1, the operator shall be entitled to take one or more of the following measures at their reasonable discretion, even without prior notice or contact:

□□□□□□□□warning of the user;

□□□□□□□□temporary blocking or permanent deletion of the content in question;

□□□□□□□□temporary or permanent suspension of the contractually assumed obligations, in particular, performance;

□□□□□□□□ordinary or extraordinary cancellation of the contract.

When selecting the measures to be taken, the operator shall take into account the principles of proportionality and weigh, in particular, the legitimate interests of the user concerned against their interests as a service provider in the unhindered, trouble-free and reputable provision of their services. The operator shall particularly consider:

□□□□□□□□the meaning and significance of the specific content and its potential for causing injury or danger;

□□□□□□□□the severity, number and periods of publication of unauthorised content by the user; the relationship of publication of unauthorised content by the user to their other use of the services;

□□□□□□□□if recognisable, the motives pursued by the user with the publication of unauthorised content;

□□□□□□□□if recognisable, the existence and degree of fault of the publishing user.

General obligations of users

Without express authorisation, the user may only use the operator's website within the scope of these Terms of Use. The user shall be prohibited from any improper use beyond this purpose.

Users shall generally be liable for all activities that are carried out using their access, insofar as they are responsible for such activities. The user shall be responsible for maintaining the confidentiality of the access data. The user must ensure that such data is not accessible to third parties. The user must inform the operator immediately of any indications that their access is being used or has been used by third parties without authorisation.

The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the website or its underlying technical infrastructure. Such activity includes, in particular:

□□□□□□□□the use of technologies that harm or harass the website, users or third parties (viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks, etc.);

□□□□□□□□the automatic reading, blocking, overwriting, modification, copying of data and/or other content as well as the mass creation of content with the same content, insofar as this is not necessary for the proper use of the website.

□□□□□□□□Moreover, no technologies may be used to extract any essential parts of onhd.com for reuse (neither one-off nor multiple) without the express written consent of the operator. Furthermore, users must not create and/or publish their own database holding essential parts of onhd.com (e.g. company profiles) without the express written consent of the operator.

□□□□□□□□Furthermore, the user must ensure that neither their information transmitted via the website nor their data provided on the website is infected with viruses, worms or Trojan horses.

In addition, especially the following actions of the user shall be prohibited and considered abusive use of the website:

□□□□□□□□extensive or permanent use of the website for the publication and dissemination of content that does not correspond objectively to the purpose or subject area of the website or its blogs and forums and that may impair the attractiveness of the website for other users;

□□□□□□□□any measures that lead to excessive system loads or system malfunctions;

□□□□□□□□the use of third-party identities for registration, the posting of contributions or the sending of messages.

The user shall be obliged to co-operate in the investigation of attacks by third parties on the website, insofar as this cooperation by the user is necessary.

In the event that the content contains hyperlinks to third-party sites, the user shall warrant that they are authorised to use the hyperlink and that the website to which the link refers (“landing page”) is in compliance with applicable law and the rights of third parties.

Should there be any disruption in the use of the website or its functionalities, the user shall inform the operator of this disruption without undue delay. The same shall apply if the user obtains information about content published by third parties that obviously violates applicable law or infringes the rights of third parties.

Responsibility of the user for the posting of content

The advertiser shall be solely responsible for the content of the information they post on onhd.com, in particular for its truthfulness and legal harmlessness. The advertiser shall assure that the data provided by them is true. The advertiser shall furthermore be responsible, in particular, for ensuring that no third-party rights, especially copyrights, trademark rights, personal rights, competition rights or other property rights, are infringed by the content posted by them and that the content does not violate these Terms of Use or applicable law.

A violation shall be deemed to have been committed, in particular, if the advertiser publishes content within the meaning of section 6.1 of these Terms of Use and/or if the user publishes the following types of content:

□□□□□□□□copyrighted content, if there is no authorisation for use (e.g. photos published on the Internet without the consent of the photographer and/or of the depicted person);

□□□□□□□□false statements of fact;

□□□□□□□□false user profile data to conceal the user's true identity;

□□□□□□□□via links to pages that do not comply with the legal provisions or these Terms of Use.

Content protected by copyright may only be included in posts without the consent of the respective rights holder within the scope of the applicable citation law. Quotations must be emphasised using the citation function, and the source cited and must make reference to the work cited. Foreign-language quotations must also be translated into German in a way that allows for the content to be roughly recognisable. In particular, incorrectly quoted posts can be removed or corrected by the moderators. The dissemination and/or public reproduction of any content of the website without the consent of the operator shall be prohibited.

Granting of rights of use by the operator

The operator shall grant the user a non-exclusive right, limited to the duration of the user contract, to use the online marketplace provided by the operator and the software contained therein within the framework of these Terms of Use.

This Agreement shall not include a transfer to the user rights of ownership or use, licenses or other rights to the content of the website and/or the website itself and the software contained therein. All rights to the contents of the website and/or the website used by the user along with copyright, trademark, ancillary copyright, personal protection, personality and other intellectual property rights of the operator shall remain with the operator without limitation.

Without the written consent of the operator, the user shall not be allowed to make the content provided to them accessible to third parties. The user shall ensure that they do not open up any bypass for third parties to gain access to onhd.com.

The operator is the database manufacturer and author of the databases offered by them as part of their services within the meaning of Article 87a, Sections 1 and 2, and Article 4 of the Copyright Act (UrhG) and is the owner of all associated exclusive rights.

Granting of rights of use by the advertiser

The operator shall be entitled to use content and information provided by users for onhd.com or to have them used by third parties.

The operator may technically process offers and other content of users in such a way that they can also be displayed on mobile devices or in apps of the operator or by third parties.

Offers and other content of users can also be accessed from other countries. For this purpose, the operator may translate offers and other content of users into other languages at the operator's expense.

The user shall grant the operator the rights necessary to use onhd.com free of charge, in particular the right to permanent provision and storage and the right to make content publicly accessible, the right of reproduction and publication as well as the right of editing and distribution, and shall assure the operator that they are entitled to grant these rights of use. Not granted exclusively, but for an unlimited period, these rights can be revoked at any time, in which case the operator shall be allowed a period of two weeks to process the revocation.

Remuneration

The user shall have the option to choose between two fee-based service packages (Business Package or Premium Package, hereinafter referred to “service package”), unless otherwise stated in the service description. An annual account fee shall be charged for paid service packages on onhd.com. The amount of the account fee shall depend on the selected service package. Further details on the amount of the annual account fee and the payment methods can be found in the current price list and service description on the operator's website, which shall be included in the subject of the contract. Furthermore, the GTC shall apply to the purchase of paid service packages, which can be viewed and retrieved at the link https://onhd.com/de/register .

Release from liability

The user shall indemnify the operator and their employees/representatives against all claims which other users or other third parties assert against the operator based on an alleged or actual rights violation and/or infringement of their rights due to content posted by the user or due to the user’s other use of onhd.com. The user shall assume the costs of the necessary legal defence including all court and attorney’s fees in an appropriate amount. This shall not apply if the user is not responsible for the infringement. In the event of a claim asserted by third parties, the user shall be obliged to provide the operator immediately, truthfully and completely with all information required for the examination of the claims and a defence.

Liability of the operator

The operator shall not be liable for performance disruptions in the contractual relationship between the users.

The operator shall be liable to the user to the extent set out below for all contractual, quasi-contractual and legal, including tortious, claims for damages and reimbursement:

The operator shall be liable without limitation for any legal reason whatsoever

□□□□□□□□in the event of intent or gross negligence,

□□□□□□□□in the event of wilful or negligent injury to life, limb or health,

□□□□□□□□on the basis of a guarantee promise, unless otherwise provided for in this respect,

□□□□□□□□due to mandatory liability such as liability as per the Product Liability Act.

If the operator negligently violates an essential contractual obligation, liability shall be limited to the contract-typical, foreseeable damage, unless liability is unlimited as per the aforementioned clause. Essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely.

Any further liability of the operator shall be excluded.

The above liability regulations shall also apply with regard to the operator’s liability for their vicarious agents and legal representatives.

Contract term and termination of user contracts for visitors

The user contract concluded with visitors shall be effective for an indefinite period and can be terminated by both parties at any time without observing a notice period.

The user contract shall begin with the conclusion of the contract and be concluded for an indefinite period, but at least for a period of 12 months (minimum term). During the minimum term, the user contract can be terminated with a notice period of 1 month effective at the end of the minimum term. If not terminated in due time, the user contract shall automatically be extended by 12 months and can then be terminated again with a notice period of 1 month effective at the end of the respective contract term.

Furthermore, the GTC shall apply to the contract term and notice periods.

The right to extraordinary termination for good cause shall remain unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing the mutual interests. An important reason is, in particular:

□□□□□□□□a significant breach of material provisions of these Terms of Use which is not remedied or is repeatedly committed even after a period of notice has been set and which makes the continuation of the contractual relationship impossible or unreasonable;

□□□□□□□□re-registration while the user is still being blocked;

□□□□□□□□the provision of false user profile data to conceal the user’s true identity;

□□□□□□□□if, in the event of a chargeable use of onhd.com, enforcement proceedings have been initiated against the entire assets of the other party or a substantial portion of those assets or if there are grounds for the opening of insolvency proceedings against the other party;

□□□□□□□□such proceedings were rejected for lack of substance, if insolvency proceedings were filed against the other party or the other party submitted an affidavit about their assets.

In the event of a justified extraordinary termination of the user contract by the operator, the user shall not be entitled to create a new user account for onhd.com.

The user contract can be terminated in writing or text form (e.g. by e-mail or by letter).

Upon termination of the contract, the user shall lose access to their user account. Furthermore, the obligation of the operator to store posted data of the user shall expire with the termination of the contract as well.

Amendments of the Terms of Use

If the user acts as an entrepreneur, the operator reserves the right to change these Terms of Use at any time without giving reasons, unless the user cannot be reasonably expected to agree to such amendments. The operator shall notify the user in good time and in text form of changes made to the Terms of Use. If the user does not object to the validity of the new Terms of Use within a period of four (4) weeks after notification, the amended Terms of Use shall be deemed to have been accepted by the user. The operator shall inform the user in their notification of the user's right to object and the importance of the objection period.

The operator furthermore reserves the right to amend these Terms of Use,

□□□□□□□□insofar as they are obliged to do so due to a change in the legal situation;

□□□□□□□□insofar as they thereby comply with a court ruling or an official decision directed against them;

□□□□□□□□if the operator introduces additional, completely new services, amenities or service elements that require a service description in the Terms of Use, unless the existing contractual relationship is adversely changed as a result;

□□□□□□□□if the amendment is only favourable to the user; or

□□□□□□□□if the amendment is of a purely technical or procedural nature, unless it has a significant impact on the user.

The user's right of termination shall remain unaffected by this.

Final provisions

The laws of the Federal Republic of Germany shall apply to all legal relationships of the parties.

If the user is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law or a separate property under public law, the exclusive, including international, place of jurisdiction for all disputes arising directly or indirectly as a result of this contract shall be the operator's place of business. The operator shall also be entitled in all cases to take legal action at the place of fulfilment of the performance obligation in accordance with these Terms of Use or with a prior individual agreement or at the general place of jurisdiction of the user. Overriding statutory provisions, in particular on exclusive jurisdiction, shall remain unaffected.

Last update: 13 June 2024