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The following general terms and conditions of use (“GTC”) apply to all services provided by THE CLIMATE CHOICE UG (“TCC”) in the area of the Climate Intelligence Platform to its customers.
Conflicting contractual terms and conditions of the customer shall only be included if TCC expressly agrees to their validity in writing.
The services of TCC are exclusively directed at businesses, i.e. natural or legal persons or partnerships with legal capacity, who are acting in the exercise of their commercial or independent professional activity when concluding the legal transaction.
The services of TCC consist of a free basic offer as well as additional premium offers subject to a fee.
1 CONCLUSION OF CONTRACT & SCOPE OF SERVICES
The customer can register for the free basic offer on the website at any time. After the customer has completed the registration process, the customer will receive a confirmation email from TCC to the email address provided by the customer. To activate his account, the customer must click on the link contained in this confirmation email. TCC reserves the right to reject registration requests from customers. The customer must keep their access data (user name and password) secret.
If the customer wishes to take advantage of one of TCC’s additional premium offers for which a fee is charged, the customer may either do so online via the designated ordering process or contact TCC’s customer service. If the customer uses the online ordering process, by clicking the order button he makes a binding offer to conclude a contract subject to a charge, which TCC may accept. TCC will confirm receipt of the order to the customer by e-mail. This order confirmation is not yet an acceptance. TCC declares acceptance either expressly or by providing the premium offers subject to a charge.
2 BASIC OFFER
The basic offer consists of a basic check.
3 PREMIUM OFFERS
The premium offers can be purchased in different packages, which, among other things, allow different numbers of users of the customer or include other features.
The Premium Offerings currently include:
As part of the certification process, the customer must provide all information completely and truthfully and be available to TCC for any queries. TCC or – in consultation with the customer – a commissioned third party will check the information provided by the customer and evaluate it.
Following the evaluation, TCC will make recommendations for action to the customer and inform him whether and – if so – in what form he has passed the certification.
The recommendations for action relate solely to the customer’s climate performance and do not constitute advice regarding the achievement of or compliance with other corporate objectives.
If the client has provided false or incomplete information during the certification process, TCC may revoke the certification at any time.
The certification is only valid for one year from the conclusion of the contract and must be repeated thereafter.
3.2 CLIMATE INTELLIGENCE PLATFORM
TCC operates an online database accessible only to certified clients (“Climate Intelligence Platform”). The Climate Intelligence Platform contains a company directory and enables the clients listed there to contact each other.
The certified client can create a profile in the company directory with information about his company. The client must provide all information in the profile truthfully.
The certified customer receives from TCC the required software as well as access data for the agreed number of users for the Climate Intelligence Platform. The access data must be kept secret by the customer.
Insofar as the customers use the communication function of the Climate Intelligence Platform, they shall comply with the applicable law at all times. In particular, the use of the communication function for spam, multi-level marketing or other aggressive promotional approaches, as well as unfair business acts or agreements restricting competition, is prohibited.
In the event of conclusive complaints by other users or reasonable suspicion of a violation of these GTC by the customer, TCC may temporarily block the customer’s access to the Climate Intelligence Platform at any time. TCC will inform the customer of the blocking at short notice and give the customer the opportunity to comment, provided this is reasonable and legally possible for TCC. After receipt of the customer’s comments, TCC will decide again on the blocking.
3.3 SUPPLEMENTARY CONSULTING SERVICES
The parties may also mutually agree on the provision of additional consulting services by TCC. These additional consulting services shall be remunerated separately by the customer.
4 LOGO USE
Provided that the customer meets the requirements, TCC shall grant the customer a non-exclusive, non-transferable or sub-licensable right to use the respective logo for one year from the conclusion of the contract. After the end of the license period, Customer shall immediately cease using the Logo unless Customer again successfully fulfills the prerequisites for the respective logo use (e.g., renewed certification or updating of the basic check).
When using the Logo, Customer shall at all times comply with the Logo Guidelines issued by TCC in their most current version.
TCC may revoke the right of use at any time if Customer.
(a) has provided false or incomplete information during the certification process,
(b) does not (or no longer) meet the requirements for certification,
(c) is in arrears of payment to TCC,
(d) the contract between the parties ends prematurely, or
(e) the Client has become the subject of public criticism due to an act or omission attributable to the Client which gives rise to fears of a not insignificant impairment of TCC’s reputation.
5 REMUNERATION AND PAYMENT
The remuneration specified in the offer shall apply to the chargeable services of TCC. For additional services not listed in the offer, TCC shall quote the prices separately to the customer if required. All prices quoted are exclusive of value added tax.
Unless expressly agreed otherwise, all payments shall be due in advance for the entire term of the contract by the agreed means of payment.
TCC shall use sufficiently qualified personnel for the consulting services.
TCC shall endeavor to ensure that the Climate Intelligence Platform is as accessible as possible without interruption. However, uninterrupted accessibility is not owed. Particularly during maintenance work, the Climate Intelligence Platform may be temporarily unavailable or only accessible to a limited extent. TCC will inform customers of planned maintenance work in advance if possible.
Insofar as certified clients enter into contractual discussions or conclude contracts with each other by means of the Climate Data Platform, TCC shall not become a party to such contracts, nor shall TCC guarantee the solvency or other characteristics of any of the parties.
TCC shall be liable to the customer for damages resulting from injury to life, body or health caused by a culpable breach of duty by TCC, a legal representative or vicarious agent of TCC, for damages caused intentionally or by gross negligence, for damages resulting from the breach of a warranty promise or from fraudulently concealed defects without limitation according to the statutory provisions.
In all other respects, TCC shall only be liable to the customer in the event of a breach of material contractual obligations (cardinal obligations), and such liability shall be limited to the foreseeable damage typical for the contract.
The above limitation of liability shall apply mutatis mutandis to the personal liability of legal representatives or vicarious agents of TCC.
8 TERM OF CONTRACT AND TERMINATION
The customer may terminate the free basic offer at any time.
In the case of paid premium offers, the contract term shall be one year from the conclusion of the contract, unless another minimum contract term has been expressly agreed with the customer. The contract term shall be extended by a further year in each case unless the contract is terminated by one party no later than three months before the end of the current contract term.
The right of the parties to terminate the contract extraordinarily for good cause shall remain unaffected.
Any termination must be in writing, whereby the sending of a copy of the written termination by e-mail shall be sufficient.
9 AFFILIATED COMPANIES
Unless expressly agreed between the parties, the contract only entitles the customer and not any companies or other third parties associated with the customer. In particular, use of the logo by affiliated companies or other third parties is not permitted in this case.
The parties undertake to maintain secrecy with regard to trade and business secrets and other facts requiring secrecy which become known to them in the course of the conclusion and performance of this contract and to oblige their employees to maintain secrecy accordingly.
Excluded from this obligation to maintain secrecy is the disclosure of information
– to advisors of the respective party (attorneys, tax advisors, etc.) who are bound to secrecy by professional law, and
– for the purpose of legal prosecution or defense as well as on the basis of a statutory duty or official order.
11 OTHER PROVISIONS
All amendments to the contract, including these GTC, must at least be made in text form. This shall also apply to any change in the form requirement itself.
The customer may only set off claims of TCC against undisputed or legally established claims of its own or assert a right of retention against them.
The contract shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and in connection with the contract is Berlin-Mitte.
The English version of the GTC is for information purposes only. In case of doubt, the German version shall prevail.