Terms and Conditions / Terms of Use
§ 1 Scope of Application
(1) The following Terms of Use apply to registration agreements that you, hereinafter referred to as the “Partner,” enter into with us, IDS Online GmbH, Aachener Straße 1053-1055, 50858 Cologne, hereinafter referred to as the “Provider,” via our website https://ids.online/. Any conflicting general terms and conditions of the Partner shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) Our service is intended exclusively for businesses in the dental manufacturing sector. A “business” is any natural person, legal entity, or partnership with legal capacity that, at the time of entering into the contract, is acting in the course of its commercial or self-employed professional activities. Website operators outside the dental sector are not eligible for a listing with us.
§ 2 Subject Matter
(1) We operate our online portal https://ids.online/dental-hersteller-verzeichnis with the goal of enabling our partners to introduce themselves and their companies through a listing and to receive contact requests from interested customers. To this end, partners can maintain and update their own information by logging into our secure manufacturer area after completing a one-time registration.
(2) To this end, the provider has created a listing for the partner using publicly available data. The partner may register once free of charge and, from that point on, manage the listing in the secure partner area by adding information, updating it, and communicating with customers. The partner decides for themselves what information they wish to disclose about themselves and their company.
(3) Upon registration, the Partner receives a Basic listing. After registration, the Partner may choose whether to upgrade the Basic listing to a Premium listing; see Section 3 of these Terms of Use.
(4) The Provider grants the Partner the non-exclusive and non-transferable right to use the online portal specified in this Agreement for the duration of the Agreement in accordance with the terms of this Agreement.
§ 3 Compensation and Term
(1) The basic listing is free of charge. The contract is valid for an indefinite term. If the provider no longer wishes to maintain its listing on the online portal, a brief email to hello@ids-online.de is sufficient.
(2) The upgrade to a Premium listing is also free of charge for the Partner for a one-year trial period. After this trial period, the Premium listing will be downgraded to a Basic listing; no cancellation is required. The Provider will send the Partner a separate offer to continue the Premium listing before the trial period expires.
§ 4 Obligations of the Provider
(1) The Provider shall, to the extent technically feasible, promptly correct all errors in the online portal. An error exists when the registration entries cannot be accessed, return incorrect results, or otherwise fail to function properly, thereby making the use of the online portal impossible or restricted.
(2) Adjustments, changes, and additions to the online portal covered by this Agreement, as well as measures taken to identify and resolve malfunctions, will only result in a temporary interruption or disruption of access if this is absolutely necessary for technical reasons.
(3) The provider monitors the basic functions of the online portal on a daily basis.
(4) The availability of the services agreed upon in accordance with Section 1(2) of this contract shall be 98.5 percent on an annual average, including maintenance work.
§ 5 Obligations of the Partner
(1) The Partner is responsible for ensuring that the information provided in its listing is truthful and accurate. Furthermore, the Partner is responsible for ensuring that its listing does not contain any content that is unlawful or that violates laws, regulatory requirements, or the rights of third parties. This also applies to the uploading of trademarks, logos, and images. The Partner shall ensure that it is authorized to do so and that no third-party claims are infringed. The Partner shall indemnify the Provider against any claims asserted against the Provider by third parties as a result of a violation. The Partner shall reimburse the Provider for all expenses and any damages incurred by the Provider as a result of such an incident, in particular all costs of legal prosecution and defense.
(2) The Partner is obligated to take appropriate measures to prevent unauthorized access by third parties to its listing. To this end, the Partner is obligated to keep its login credentials confidential and not to disclose them to third parties.
§ 6 Liability for Defects/Liability
(1) The Provider guarantees that the services will function and be operational in accordance with the terms of this Agreement.
(2) The Provider is entitled to immediately suspend the Partner’s listing if there is reasonable suspicion that the stored data is unlawful and/or infringes the rights of third parties. Reasonable suspicion of illegality and/or a rights infringement exists, in particular, if courts, government agencies, and/or other third parties notify the Provider thereof. The Provider must immediately notify the Partner of the suspension and the reason for it. The suspension must be lifted as soon as the suspicion is dispelled.
(3) Claims for damages against the Provider are excluded regardless of the legal basis, unless the Provider, its legal representatives, or its agents have acted with intent or gross negligence.
(4) The Provider is liable for slight negligence only if one of the essential contractual obligations has been breached by the Provider, its legal representatives, executive officers, or agents. In such cases, the Provider is liable only for foreseeable damages that would typically be expected to occur. Essential contractual obligations are those obligations that form the basis of the contract, were decisive for the conclusion of the contract, and on the fulfillment of which the Partner may rely.
(5) The Provider shall have unlimited liability for damages caused intentionally or through negligence resulting from injury to life, body, or health by the Provider, its legal representatives, or its agents.
(6) Liability for damages without regard to fault for defects that already existed at the time the contract was concluded is excluded.
(7) The Provider shall not be liable for the loss of data to the extent that the damage results from the Partner’s failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
§ 7 Data Protection/Confidentiality
(1) The personal data entered by the Partner itself, beyond the publicly available information about its company, shall be collected, processed, and used by the Provider exclusively for the purposes arising from this Agreement and for the performance of this Agreement, in compliance with the statutory provisions of the Federal Data Protection Act and the General Data Protection Regulation.4(2) The Provider and the Partner shall enter into a data processing agreement in accordance with Article 28 of the General Data Protection Regulation, which the Provider shall make available to the Partner upon conclusion of this Agreement.
§ 8 Final Provisions
(1) This contract is governed by the laws of the Federal Republic of Germany.
(2) The place of performance for obligations under this contract is the Provider’s place of business.
(3) If the Partner is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Partner and the Provider shall be the Provider’s place of business.
(4) The Provider is entitled to make changes to these Terms of Use. The Provider will make such changes only for valid reasons, in particular due to new technical developments, changes in case law, or other equivalent reasons. The Partner will be notified of such changes in writing, by fax, or by email. If the Partner does not object to the change within four weeks of receiving the notification, the changes shall be deemed accepted by the Partner. In the event of a change to the Terms and Conditions, the Partner will be separately notified of the right to object and the legal consequences of remaining silent.
(5) Should any provision of this agreement be or become null and void or ineffective, in whole or in part, this shall not affect the validity of the remaining provisions. The provisions not included or those that are invalid shall be replaced by applicable law. If such applicable law is not available in the specific case (gap in the law) or would lead to an unacceptable result, the parties shall enter into negotiations to agree on a valid provision in place of the provision not included or the invalid provision, which comes as close as possible to it in economic terms.