User Agreement for Online Enquiry
1. Scope of application
1.1 This use agreement applies between you and oneIDentity+ GmbH, Steinheilstraße 10, 85737 Ismaning, Germany, email@example.com (hereinafter: “oneIDentity+” or “we”) for the use of the online function for enquiring after MAPP codes (GTIN and serial numbers) or serialized QR codes under https://www.one-identity-plus.com/ (hereinafter: “Online Enquiry”) in the version current at the time. Use of the Online Enquiry is permissible solely on the basis of this use agreement.
1.2 By using the Online Enquiry you accept the application of this use agreement in the version current at the time.
2.1. The Online Enquiry offers you the ability to compare the MAPP codes on products and their packaging (GTIN & serial number) or serialised QR codes with the code databases deposited with us by the respective manufacturers of the products. The results of this comparison can provide an indication of whether the product in question is an original or a fake. On the other hand, it is not possible to ascertain whether that product is actually genuine or a fake by checking the code via the Online Enquiry alone; rather, this requires a thorough examination of the product in question itself.
2.2. The Online Enquiry takes into account the statutory requirements of the country in which we have our registered office. The use outside of that country is only permitted in compliance with the relevant provisions of the laws of the respective country, which you are responsible for complying with.
2.3. We are entitled to change the functioning of the Online Enquiry unless agreements to the contrary have been made with you or the organisation for which you work.
3. Technical requirements
3.1. You are responsible for meeting the technical requirements for the use of the Online Enquiry at your own expense and maintaining it for the duration of the use. This includes in particular setting up a connection to the Internet and the provision and use of a compatible web browser. Should developments or adjustments of the Online Enquiry necessitate an updating of the devices or programmes you use, this shall likewise lie within your responsibility.
3.2. Please note that the Online Enquiry can be temporarily unreachable or limited in its use when we carry out maintenance work or other work on it. A specific availability of the Online Enquiry is not the subject matter of this use agreement.
4. Anonymous use, conclusion of contract
4.1. The Online-Enquiry can be used without a previous registration, but will only be permitted on the basis of these terms and conditions for use.
4.2 You may use the Online Enquiry as an anonymous user, whereby the entire code database deposited with us will be available for you to compare MAPP codes (GTIN & serial number) or serialised QR codes.
5. Use rights and copyrights
5.1 oneIDentity+ grants you a non-exclusive, not sublicensable and non-transferable right to use the Online Enquiry and the information and data provided with the Online Enquiry exclusively for the purpose pursued with the provision of the Online Enquiry for the duration of this use agreement.
5.2 All uses of the Online Enquiry which violate this use agreement or which circumvent, or attempt to circumvent, this use agreement are prohibited. You are therefore not allowed to:
5.2.1 use the Online Enquiry in violation of applicable law or for purposes which are not consistent with applicable law;
5.2.2 lease or sell the Online Enquiry to third parties, issue sublicenses of the Online Enquiry to third parties or otherwise make the functions or services of the Online Enquiry accessible to third parties;
5.2.3 reverse engineer, decompile or modify the Online Enquiry or create works derived from it; your rights under section 69d(3) and section 69e German Copyright Act (UrhG) remain unaffected;
5.2.4 spread, transmit or upload viruses or other malware via the Online Enquiry which prevent, restrict or disrupt the access of other users to the Online Enquiry or remove, restrict or impair the functionality of the Online Enquiry;
5.2.5 circumvent, disable or otherwise impair security measures in the Online Enquiry which are meant to prevent or restrict an unauthorised use or reproduction of content or information in the Online Enquiry;
5.2.6 attempt to test the Online Enquiry for potential weak points, thereby violating, impairing or circumventing security or authentication measures for the protection of the Online Enquiry.
5.3 Where you are not explicitly granted use rights to the Online Enquiry pursuant to clause 5.1, all rights to the Online Enquiry and the content and information offered via the Online Enquiry remain with oneIDentity+ or the licensors of oneIDentity+, as the case may be.
At present, we are not charging a fee for the use of the Online Enquiry.
7.1. We shall bear liability for material defects and defects in title in the Online Enquiry and its content and information (warranty for defects) only if we have fraudulently concealed a defect and/or have assumed a guarantee.
7.2. Outside of the warranty for defects, we shall be liable only in cases of intent and gross negligence, pursuant to the provisions of the Product Liability Act (Produkthaftungsgesetz) and in all other cases subject to statutory mandatory liability, in each case according to the statutory provisions.
7.3. Otherwise, our liability is excluded
7.4. Where our liability is restricted or excluded according to the provisions above, this shall also apply to the personal liability of our statutory representatives, employees and vicarious agents, as well as for indirect damages and consequential damages (e.g. loss of data, damage to your hardware or software, disruption of operations, stoppages in production, loss of profit).
7.5. You bear sole responsibility for accuracy of the data and information entered for use of the Online Enquiry, including interpretation of the results delivered by the Online Enquiry.
7.6. If you or the organisation for which you have concluded this use agreement have concluded other liability terms in other contracts on the use of the Online Enquiry and the content and information provided by the Online Enquiry, the liability terms of this clause 7 shall be overruled.
8. Data protection
This use agreement includes the data protection declaration of oneIDentity+. In this data protection declaration, users of the Online Enquiry can obtain information on the collection, processing and use of personal data in connection with use of the Online Enquiry. The data protection declaration is available at the following link: http://one-identity-plus.com/datenschutz/.
9. Rights of termination
9.1. Subject to the following rights of termination set forth below, this use agreement is concluded for an indefinite period.
9.2. You may terminate this use agreement at any time giving notice, i.e. without particular grounds having to exist, by sending us an email to (firstname.lastname@example.org) with a corresponding message. After you have terminated this use agreement you will no longer be able to use the Online Enquiry.
9.3. We may terminate or suspend your access to the Online Enquiry or to certain functions of the Online Enquiry with immediate effect if you breach this use agreement to a more than minor degree. After such termination without notice you will no longer be able to access the Online Enquiry. Other rights of ours to termination without notice remain unaffected thereby.
9.4. We also reserve the rights to terminate your access to the Online Enquiry or to certain functions of the Online Enquiry with notice of one month without particular grounds having to exist for this.
9.5. When a termination comes into effect, all rights granted to you under this use agreement will end with immediate effect.
10. Amendments to the use agreement
In each case, the use agreement approved by the user at the time the Online Enquiry is actually used shall apply.
11. Applicable law, jurisdiction, miscellaneous
11.1. This use agreement and its interpretation are governed by the laws of the Federal Republic of Germany, to the exclusion of the rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. Should an individual provision in this use agreement be declared invalid and/or infeasible by a competent court, this validity and feasibility of the remaining provisions shall not be thereby affected.
11.3. Should a party not insist on compliance with a provision in this use agreement, this shall not constitute a waiver or relinquishment of the claim to future performance of the relevant or any other provision unless an express declaration has been to this effect.
As of: 26.10.2018