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Terms and conditions of use

Terms and conditions of use of BEGA Gantenbrink-Leuchten KG Germany, Hennenbusch, 58708 Menden, Germany (hereinafter: "BEGA")

1. Subject of the terms and conditions of use

a. Subject of the terms and conditions of use, BEGA website, BEGA Library app: BEGA operates a website at www.bega.com for the presentation and promotional marketing of its products (hereinafter referred to as “website”). The website is divided into a public area, which every visitor to the website (hereinafter referred to as “user”) can access, and an area (hereinafter referred to as “user area”) which a user can use only after registering for a BEGA ID (hereinafter referred to as “account”). Users can also find the BEGA Library app, containing information such as catalogues and project presentations, in iTunes and the Google App Store. The subjects of these terms and conditions of use are (i) the terms and conditions for using the website as a whole and (ii) additional terms and conditions for the user area (iii) and the terms and conditions for using the BEGA Library app.

b. Definitions

i. Account: “Account” refers to accessing the area of the telemedia offered by BEGA, for the use of which a prior registration and associated receipt of an individual ID is required and which has special functions such as providing and storing documents and information.

ii. BEGA ID: “BEGA ID” refers to user-related access information for all BEGA telemedia, which allows the user to log into the protected, private area of the relevant telemedia.

iii. Telemedia: “Telemedia” are all online services, particularly apps and websites, offered by BEGA.

c. Agreement concerning the terms and conditions of use:

i. By using the website, the user declares his agreement with these terms and conditions of use to the extent that they concern the public part of the website; these terms and conditions of use shall also apply when the user uses the website or parts of it from other websites.

ii. When registering the account for the user area, c.f. Section 3.a., the user agrees to the terms and conditions of use as a whole and in particular for the user area; he will be asked accordingly for his agreement which is then recorded electronically when given. The user will be assigned an individual BEGA ID as part of the (initial) registration.

iii. The contract on the use of the BEGA Library app is concluded when the app is downloaded, at least when the app is installed or at the latest when it is used, taking the terms and conditions of use into consideration.

2. General terms and conditions

a. Free of charge principle for services: BEGA does not charge any costs or fees for the use of the telemedia it provides. Free services and benefits are offered exclusively to the user as part of the telemedia services offered.

b. Right of modification reserved for free services: BEGA reserves the right to modify, restrict or supplement the free services at any time with future effect. Section 3.c. also applies to the user area in the event of modifications to services/benefits and Section 4.f also applies to the BEGA Library app.

c. Rights to content provided by BEGA: In its relationship with the user, BEGA holds all ownership- and copyright-related rights of use and exploitation to all documents, e.g. product brochures and presentations, plans, photos, drawings, texts, illustrations, computer programs and documentation, data/files (e.g. CAD files), databases/database systems, brands, corporate designs and other protectable content which are provided on the telemedia (hereinafter referred to as “BEGA content”). Each use of BEGA content or parts thereof requires prior express written consent from BEGA if such use goes beyond (i) its simple viewing when the telemedium is accessed, (ii) the use of BEGA content that can be downloaded separately for a specific purpose and (iii) the free disclosure of BEGA content that can be downloaded separately for a specific purpose to a specialist dealer if the user is an end customer and, in the event that the user is a dealer or specialist dealer, the free disclosure of BEGA content that can be downloaded separately for a specific purpose to end customers.

Where appropriate, the user’s approval for separate terms and conditions of use or those that differ from the above arrangements will be requested and recorded when given; in this case, the content cannot be downloaded without prior approval being given for the special terms and conditions of use.

If the BEGA content is a software, its use permitted without special approval from BEGA is limited subject to a special, deviating agreement to the running of the downloaded software for a specific purpose on a data carrier and to its forwarding to end customers and its running by them for a specific purpose if the user is a dealer or specialist dealer. This includes any duplications and backups that are technically required in each case for the above-mentioned purposes.

d. BEGA software/Minimum requirements/Installation instructions:

i. If you make use of the free software download function, please ensure that you refer to the installation instructions relating to the software which are provided on the website. These installation instructions also specify the minimum technical requirements for using the respective software.

ii. The user needs to have either version 4 or above of the Android system or iOS 7 or above to use the Library app.

e. No assurance of availability for the telemedia and services/benefits: The telemedia provided by BEGA are available to the user solely based on the technical possibilities existing at BEGA and therefore are not available permanently, if applicable, or without interruption. Downtimes are possible in particular due to maintenance work. Downtimes due to technical or other problems beyond BEGA’s control, e.g. force majeure or third-party negligence, cannot be ruled out and are not the responsibility of BEGA.

f. Responsibility according to Telemedia Law: As a supplier of content in accordance with Section 7 Sub-section 1 of the German Telemedia Act (TMG), BEGA is responsible according to general legislation for its own content that is provided for use. A distinction must be drawn between such own content and links to the content provided by other suppliers. BEGA does not check the content of these third-party links. However, if BEGA discovers or learns from third parties that the content of the third-party website or document to which BEGA has created a link contains unlawful data, BEGA will delete its reference to this service immediately.

g. Commitment by the user to observe statutory provisions and to use the telemedia for their intended purpose: The user is responsible for observing the statutory provisions when visiting/using the telemedia. When using the telemedia, the user is not permitted in particular (i) to violate the rules of common decency, (ii) to infringe industrial property rights and copyright or other ownership rights, (iii) to forward content with viruses, so-called Trojans or other programs that can damage software or the telemedia (hereinafter referred to as “malware”), or (iv) to circulate advertising or unsolicited e-mails (spam) or inaccurate warnings of viruses, malfunctions and the like or to solicit participation in competitions, snowball systems and similar activities. Furthermore, the user must refrain from all activities that can (i) overload the telemedia or impair or manipulate the functionality of the telemedia infrastructure in any other way or (ii) endanger the integrity, stability or availability of the telemedia.

h. Limitation of warranty and liability for content provided free of charge: Although the content of the telemedia is created with the greatest of care, BEGA does not guarantee the up-to-dateness, correctness, completeness, non-violation of third-party property rights and copyrights, usability and quality of the freely provided information. Excepting claims involving personal injuries, BEGA shall accept no liability claims against it arising from the use of faulty and/or incomplete information unless BEGA acted with intent or gross negligence. The same applies for the absence of malware from the downloadable content.

i. No binding nature of product information: The information offered by the telemedia can include specifications or general descriptions of the technical possibilities of products, including their technical dimensions, which do not need to be provided in all cases (e.g. due to product changes). The required performance characteristics of the products and other of their features which might be necessary for the planning and implementation of lighting projects are not agreed therefore until at the purchasing stage.

j. Further limitations to liability for the use of the telemedia: BEGA excludes any liability for damages caused by negligence. Strict liability is also excluded for BEGA with respect to tenancy and lease legislation and similar relationships of use for errors already existing upon signing the contract.

k. Data protection: Matters relating to data protection are governed by the separate privacy policy.

l. Right of modification for the terms and conditions of use: BEGA is authorised to modify and/or supplement these terms and conditions of use at any time with future effect. The current version of these terms and conditions of use can be called up electronically from www.bega.de/nutzungsbedingungen Section 3.c and/or 4.h also applies to holders of a BEGA ID

m. Applicable law: The use of the telemedia and the legal relationship between the user and BEGA are subject to German law.

n. Agreed jurisdiction: The competent court for Menden (Sauerland) with regard to subject matter and venue shall be the sole place of jurisdiction in disputes with companies/merchants and legal persons under public law. Also, the competent court for Menden (Sauerland) with regard to subject matter and venue shall be the sole place of jurisdiction if the user is not subject normally to jurisdiction in Germany or moves his place of residence or usual abode outside of Germany after the legal relationship has been established. This arrangement shall also apply if the user’s place of residence or usual abode is unknown.

3. Special terms and conditions for the user area

a. Registration, commencement of the contract of use

i. Access to the user area requires prior registration of an account with specification of at least the mandatory data listed in the registration form and the associated assignment of a BEGA ID. There is no entitlement to register in order to use the user area. Registration as a user and technical maintenance of the account are free of charge.

ii. The information provided in the registration must be accurate. The data collected during the registration and particularly the mandatory data must be kept correct at all times and be updated by the user as required if any changes occur.

iii. If the registration mask is completed and despatched correctly, BEGA will confirm the registration by e-mail. In this e-mail, the user will be asked to verify his registration and therefore the creation of an account by actuating a link. Verification by BEGA is accompanied by an offer to complete the contract of use. The contract of use then comes into effect between the user and BEGA when the user logs into the account for the first time. Accounts which are not verified in this way will be deleted without replacement ten (10) calendar days after the attempted registration. It is not possible to repeat the registration.

iv. BEGA is prepared to complete a contract of use solely with persons of full age who have unrestricted legal capacity. The registration of a legal person is allowed to be undertaken only by an authorised natural person whose name must be entered.

v. The user undertakes to keep the access data to his account (e-mail address and password) confidential and to protect it from discovery by third parties. This access data is the user’s individual BEGA ID. BEGA must be notified if there are signs that the access data are known to unauthorised persons. The user shall be liable for all activities which are preformed using his account and/or his access data. This does not apply if the user is not responsible for the misuse of his account and/or his access data.

vi. Multiple registration of one and the same natural person is not permitted.

vii. An account and individual claims from the contract of use against BEGA are not transferable or assignable.

viii. The user is not entitled to make any claims against BEGA if the saving of his project lists and similar compilations of products and/or product information fails the first time or repeatedly. If transmitted or online documents (e.g. as part of a document archive) are needed permanently for a user’s own purposes, the user must save them in his own system or print them out and keep them safe.

b. Change to product features: The user’s attention is drawn to the fact that technical characteristics and the availability of products can change at any time within the scope of applicable law. In this case, the content of files presenting such products (e.g. CAD files) will also change accordingly. For example, if the user creates watch lists and other collections of information in order to carry out light planning projects, he should check the corresponding features and availability of the BEGA products he uses in his planning each time before carrying out the planning and certainly before sending the planning documents to third parties, e.g. end customers.

BEGA is not responsible for the consequences of the user not working with the latest information or files.

c. Changing the terms and conditions of use for the user area

i. BEGA reserves the right to modify or supplement the terms and conditions of use for the user area at any time with future effect. BEGA will indicate this to the user by displaying the changed terms and conditions in text form in the account, at least by displaying the new terms and conditions of use to the user the first time he logins into the account after the change has been made. If required, the changes will also be announced to the user by separate e-mail. The user will receive the opportunity on each occasion to give his acceptance of the changed and/or supplemented terms and conditions of use.

ii. If the user rejects the changed terms and conditions of use, the new terms and conditions will not become the content of the contract of use. BEGA is then authorised to terminate the contract of use for cause and to delete the account.

d. Effective term, termination, deletion, blocking and ending of the contract of use

i. The contract of use is established indefinitely. It can be ended at any time by either the user or BEGA. The customer can end the contract of use by deleting the account, which results in a loss of the BEGA ID. BEGA can end the contract of use at any time by giving four weeks’ notice.

ii. BEGA is entitled but not obligated to delete an account which has not been used for more than one year at least by the user logging on. BEGA will notify the user about an imminent deletion at least four weeks in advance by e-mail or will remind the user about the existence of the unused account. The user agrees herewith to the contract of use being ended in the event of the account not being used for more than one year.

iii. If the account is deleted by the customer in accordance with Section 3.d.i. sentence 2 or if termination by BEGA becomes effective, all of the user’s data will be irrevocably and completely deleted from the BEGA database. The customer will be informed about these consequences by receipt of the termination from BEGA.

iv. For an objective reason and for the duration of the existence of the objective reason or until its elimination, BEGA is authorised to block a user’s right of access to the user area created for him at any time by deactivating the account. The data in the blocked account are preserved when access is blocked. An objective reason exists in particular if (i) the user has registered with incorrect information, (ii) the user fails to comply with these terms and conditions of use or his obligations to exercise due diligence when handling the access data, or (iii) the user violates the applicable law when accessing or using the website.

v. No services can be received or called on for the duration of the account’s deactivation by the administrator or after its deletion. Nor is it possible for the duration of the deactivation and after deletion to call up any data saved in the account.

vi. The contract of use can be terminated for cause without notice by either party. Cause can be in particular a serious infringement of the contract by the user, e.g. violations of statutory regulations or a serious violation of Section 3 of these terms and conditions of use.

vii. After the contract of use is ended and/or after the account is deleted, the user may, in principle, register again.

4. Special terms and conditions for the BEGA Library app

a. Users must have registered or have an existing BEGA ID to use the BEGA Library app to its full extent. There is no entitlement to register. Registration as a user and technical maintenance of the account are free of charge.

b. BEGA is prepared to complete a contract of use solely with persons aged 18 or above who have unrestricted legal capacity. The registration of a legal person is allowed to be undertaken only by an authorised natural person whose name must be entered.

c. The user undertakes to keep the access data to his account (e-mail address and password) confidential and to protect it from discovery by third parties. This access data is the user’s individual BEGA ID. BEGA must be notified if there are signs that the access data are known to unauthorised persons. The user shall be liable for all activities which are preformed using his account and/or his access data. This does not apply if the user is not responsible for the misuse of his account and/or his access data.

d. Multiple registration of one and the same natural person is not permitted. The BEGA ID and individual claims from the contract of use against BEGA are not transferable or assignable.

e. Content (catalogue documents, new products/project presentations, films, etc.) can be downloaded from and used in the BEGA Library app.

f. The user is not entitled to make any claims against BEGA if an error occurs when saving the content offered in the BEGA Library app the first time or repeatedly.

g. The user’s attention is drawn to the fact that technical characteristics and the availability of products can change at any time within the scope of applicable law. BEGA is not responsible for the consequences of the user not working with the latest information or files.

h. Change to the terms and conditions of use for the BEGA Library app

i. BEGA reserves the right to change or supplement the terms and conditions of use for the BEGA Library app at any time with future effect. BEGA will indicate this to the user by displaying the changed terms and conditions in text form when the BEGA Library app is opened for the first time after the new terms and conditions have been established, at least by displaying the new terms and conditions of use to the user when he opens the app. If required, the changes will also be announced to the user by separate e-mail. On each occasion, the user will have the opportunity to confirm his acceptance of the changed and/or supplemented terms and conditions of use.

ii. If the user rejects the changed terms and conditions of use, the new terms and conditions will not become part of the contract of use. BEGA is then authorised to terminate the contract of use for cause and to delete the account. Before the account is deleted and as part of the procedure specified in Paragraph i., i.e. when the user logs in to his account and attention is drawn to the new terms and conditions of use, he will immediately be given the opportunity to download the content of his account in full, provided that the option of saving files in the account exists, and then to completely delete the account himself. If the user does not take this opportunity to download the information, BEGA will be entitled to delete the account after four weeks.

5. Effective term, termination, deletion, blocking and ending of the contract of use

i. The contract of use is established indefinitely. It can be ended at any time by either the user or BEGA. The customer can end the contract of use by uninstalling the BEGA Library app. BEGA can end the contract of use at any time by giving four weeks’ notice.

ii. If the BEGA Library app is uninstalled by the customer or if a termination by BEGA becomes effective, BEGA will continue to save all of the user’s data on the server. BEGA will erase the data when the account is deleted.

iii. For an objective reason and for the duration of the existence of the objective reason or until its elimination, BEGA is authorised to block the BEGA ID at any time by deactivating the account. The data in the blocked account are preserved when access is blocked. An objective reason exists in particular if (i) the user has registered with incorrect information, (ii) the user fails to comply with these terms and conditions of use or his obligations to exercise due diligence when handling the access data, or (iii) the user violates the applicable law when accessing or using the app.

iv. No services can be received or called on for the duration of the account’s deactivation by the administrator or after its deletion. Nor is it possible for the duration of the deactivation and after deletion to call up any data saved in the account.

v. The contract of use can be terminated for cause without notice by either party.

vi. After the contract of use is ended and/or after the account is deleted, the user may, in principle, register again.