General Terms and Conditions of MultiRoute
By ordering the services of "MultiRoute" by gb consite GmbH you accept our General Terms and Conditions for MultiRoute (hereinafter "GTC").Your contractor is the gb consite GmbH, Mittenheimer Straße 58, 85764 Oberschleißheim, called below "gb consite".
The company is registered in the commercial register of Munich under registration number HRB 16843 and represented by the Managing Directors Malte Geschwinder and Knut Buescher. You as customer of our services are referred to as "users" in the following.
Gb consite operates web-based applications and services, which offer the user the possibility to create analyzes according to his own requirements, to display the results and save them. To this end, gb consite has prepared datasets from which results are calculated using scientific analysis and optimization techniques. The aim is to provide the user with an individual planning and decision support based on the available data and methods. MultiRoute calculates an optimized tour between the specified addresses taking into account the parameters specified by the user. Since this is a data- and software-based automated calculation process, an comprehensive disclaimer is agreed under no 5.
The use of paid services of gb consite first requires a free registration of the user. By registering a pre-contractual obligation based on these General Terms and Conditions between the user and gb consite is concluded (by activating a checkbox the GTC are recognized), unless the gb consite reject the registration immediately or within a short period of two working days. There is no fundamental right to be included in the databases of gb consite. In addition, gb consite reserves the right at all times to remove members from the database and exclude an user from membership, in particular due to incorrect information given during or after its registration and / or misuse of the web-based applications and services. Gb consite is especially entitled to remove from their data bases any illegal, irrelevant, defamatory or pornographic content without notice.
When registering, the user chooses his individual password. He is obliged to keep this password secret. Gb consite will not reveal the password to third parties and will not at any time ask the user for revealing his password. The registered user guarantees that all data submitted by him is true and complete. The user is fully responsible for the information in their user profile. The registered user can make the necessary updates for himself. He is basically only entitled to proper and appropriate use of the services.
IIn the context of the pre-contractual obligation, the user is fully liable for the misuse and the improper handling of data and for false information given and is also obligated to refund gb consite for direct and indirect damage resulting from this fact as well. He is furthermore also responsible for the damage caused by the fact that he keeps his password not secret, but passes it on to third parties.
3. General Terms of Service
Any user who uses the services of gb consite (including third-party applications that can be accessed through the applications and services of gb consite), agrees not to:
- defame, denigrate or harass or mimic threaten someone or otherwise violate any other rights of others (such as the right to privacy or the right to informational self-determination);
- upload inappropriate, defamatory, detrimental for business, obscene content or content otherwise violative of law, post it, send it by e-mail, transmit or make it available in another way;
- upload content, post it, send it by e-mail, transmit it or make it accessible in any other form and manner that may infringe patent, trademark, copyright, other property rights of others or trade secrets, unless he is the owner of such rights or has the permission of the copyright holder to make the respective content available;
- download a file that was made available by a third party and of which he knows, or should reasonably assume that the file cannot be legally distributed in such a way;
- impersonate another person or entity, to assume their identity or to forge or erase copyright information, legal information, other appropriate notices or proprietary designations and references to the source or origin of software or other material in this way
- hinder or disturb other end-users in the use of the services offered by gb consite and the services provided by third parties within the applications of gb consite;
- to use the services for any illegal or unlawful purposes;
- to remove any copyright or trademark notice or other evidence of legal ownership, which are included in the service;
- to interfere with the services, servers or networks connected to the services or to interrupt them or to disregard requirements, procedures, policies or regulations of such networks connected to the services;
- to use so-called "robots"( also called "spiders") to illicit purposes, i.e. applications, which can access or search websites or other devices that access and index parts of the services or collect information about the respective end-user;;
- Isubmit content that falsely imply directly or indirectly that it is sponsored or commanded by the customer;;
- create fraudulently user accounts by automated means or under false identity;
- provide instructions for illegal activities or promote physical harm or injury to an individual or group, or
- convey viruses, worms, information on software vulnerabilities, trojans, or other objects that can have a devastating effect.
4. Order, service and payment
MultiRoute is free for users wishing to plan a tour with less than 8 addresses. For this free use of MultiRoute, no registration is required. If tours are calculated with MultiRoute without being a registered user, these are not stored for later use.
For route calculations with costs, i. e. with more than 8 addresses, the following packages can be booked:
- Package "1 day" - unlimited use of MultiRoute for 1 day
- Package "1 month" - unlimited use of MultiRoute for 1 month
- Package "1 year" - unlimited use of MultiRoute for 1 year
MultiRoute is unlimited available for registered users after the payment for the booked duration. During the contracted period, the calculated routes are also stored for later use. The customer submits a binding order of service by entering his data and clicking on the "Order" button. An order is only possible if the customer has recognized these GTC of gb consite and if applicable third parties by activating a checkbox. The payment shall be made before carrying out the services via the provided online payment facilities (PayPal). All results provided until full payment (payment cashed in on the bank account of consite gb) belong to gb consite
Gb consite reserves the right to change, to extend, to limit or to adjust the content, the structure and the scope of the web application at any time. The user acknowledges that a wholly accessibility can in general not be technically guaranteed. Gb consite reserves the right to suspend the services for brief periods for maintenance, security or capacity reasons or to limit it in its scope. Any claims of the user for this reason against gb consite are excluded.
Gb consite basically assumes no liability for the information provided by its users or the statements made by them. Despite the utmost care in the preparation gb consite is not liable for the accuracy, completeness or timeliness of the calculations and the numbers and data generated during the calculation. The data used by Bing Maps is excluded of any warranty, as well as for data and methods used by third parties. Gb consite shall have under no circumstances any liability to users for any direct or indirect damages or injury arising from the use of applications and services of gb consite. Gb consite is not liable for lost profits or savings or damages resulting from claims of third parties and other direct or indirect consequential damage. For minor violations of obligation, any liability of gb consite is excluded.
The liability of gb consite for wilful misconduct or gross negligence remains unaffected.
The copyrights for the services rendered by gb consite remain with gb consite. The user may use without limits the results generated for his own purpose. Any reproduction, copy, resale or sale of all other result data and methods, also in extracts, are absolutely prohibited.
In particular, the server- and client-side source code fundamental to the services of gb consite, is the intellectual property of gb consite and therefore protected by copyright.
7. Notice of termination
DSince no subscription is offered, it is not necessary to explicitly notice its termination. The registered user has the possibility to delete his user profile at any time. By explicit written request, all personal registration data of the user will be removed from the datasets of the gb consite. Since registration data are not billing data, they are kept by gb consite, as prescribed by law. Gb consite reserves the right to deactivate an unused user profile after a period of six months, A refunding claim of any amounts in part or in whole, is excluded. Likewise, there is no entitlement to reactivation of deactivated user profiles.
The data required for transaction processing will be saved. This note is emitted corresponding to the provisions of § 33 para. 1 of the Federal Data Protection Act (BDSG). All personal data will be treated confidentially and not be divulged for marketing purposes. The customer agrees explicitly to the collection, processing and use until he revokes it. He is entitled at any time to review his data and, if necessary change them or demand for deletion. Gb consite ensures privacy by the following measures::
- closely limited number of persons with access to the user data
- qualified and trained staff in data protection
- use of secure passwords
- Public Key Authentication
- use of encryption techniques
- server hosting in a monitored data centre
- regular safety review of operational processes
- regular backups and operating of professional backup solutions
- deactivation and deletion of unused user profiles and related data
9. Final provisions
Oral sub-agreements do not exist. Additional agreements should be in writing and can only be agreed with the management of gb consite.
Gb consite reserves the right to modify these GTC at any time and without giving reasons. The changed conditions will be sent to the e-mail address, specified by the user, at least two weeks before its entry into force. If the user does not contests the validity of the new GTC within two weeks of receipt of the e-mail that changed conditions shall be deemed accepted .In the case of contradiction the old conditions will rest unchanged within three months. Gb consite will make notice to the user on the importance of this two-week period in the e-mail containing the amended terms.
If any provision of these General Terms and Conditions should be or become invalid, the validity of the remaining provisions will not be touched. The resulting gap is to be filled with a valid provision that will be as closely as possible to the economic sense and purpose of the invalid provision and the regulations of the contract..
Place of fulfillment is Oberschleißheim as the location of the headquarters of gb consite. Sole place of venue for all disputes between the parties under the contract shall be Munich..
Oberschleißheim, July 2012