Terms and conditions of use for the JOSERA portal

1. Subject and access

1.1 The JOSERA portal is an online service provided by Josera GmbH & Co. KG and Josera petfood GmbH & Co. KG as well as Josera petfood Sp. z o.o. (subsequently referred to as “we” or “provider”) which is available to select distribution partners and wholesalers (subsequently referred to as “users”) on the basis of the following terms of use. Josera GmbH & Co. KG, Josera Petfood GmbH & Co. KG and Josera petfood Sp. z o.o. belong to the family business JOSERA-ERBACHER (Josera Erbacher Company Goup ERBACHER the food family incorporates the companies Josera GmbH & Co. KG, Josera petfood GmbH & Co. KG, Josera Erbacher Service GmbH & Co. KG, Erbacher Food Intelligence GmbH & Co. KG, foodforplanet GmbH & Co. KG, Josera petfood Sp. z o.o. and Josera Polska Sp. z o.o.).

Any terms or conditions of the user which differ to those outlined here shall not apply even if we do not separately object to their validity in individual cases.

1.2 The use of the customer portal is only possible by means of registration. Registration occurs via the website www.agrar.josera-portal.de. After the registration form has been sent, the user must confirm that he agrees to these terms and conditions of use and that the e-mail address provided by him is his by clicking on a link in an e-mail which is sent to him. The data is then verified by the provider. Upon access activation, the user will receive a confirmation e-mail which is sent to the address provided by him. With his registration the user declares that he is in agreement with the terms and conditions of use.

1.3 The use of the portal is free for the user with the exclusion of the costs for the internet use. The provider has the right to object to registration or delete an existing access.

1.4 We strive to guarantee an interference-free operation of the portal. However, a legal claim for non-disrupted use at all times for the user is not possible.

2. Download of content and use of brands

Approval for the use of texts, images, illustrations, descriptions and other advertising materials provided by the provider on the portal (subsequently referred to as “content”) as well as the brands of Josera GmbH & Co. KG and foodforplanet GmbH & Co. KG (subsequently “brands”) is only granted under the following terms:

2.1 All content and brands – unless expressly labelled otherwise – are the subject of existing trademark rights. Use is only permitted for private and personal use. Any use which goes beyond this, in particular the processing, duplication, circulation, storage, forwarding, sending, reproduction or passing on of or providing public access to the content and/or brands is not permitted without the prior written approval of the provider.

2.2 The provider permits the user to use the provided content in unchanged form for business purposes if this use is directly associated with the distribution and/or sale of products or services provided by the family business JOSERA-ERBACHER. Content which is indicated with “Download” online may only be used in unchanged form against this background for own sales and / or other own promotional purposes. Any use deviating from this is not permitted.

The content may only be used in a way which does not contradict the company interests. In particular, it is not permitted to use the content in a way which may damage the reputation of the company or its products.

Any use of the provided content in altered form is subject to written approval and permission for the specific intended purpose. Here the user has an obligation to inform the provider of the intended use and enclose a sample of this. In the case of a contravention, the provider is entitled to immediately withdraw his permission for use. Further claims remain reserved.

The provider reserves the right to revoke permission for use of content at any time.

2.3 In so far as the content includes protected trademarks, the use of these as part of the content is permitted subject to the adherence of these terms and conditions on the use of content.

Besides this, protected trademarks may only be used within the framework of what is permitted by law for the sale and advertising of products which are labelled with these trademarks and are marketed with the agreement of the provider. In particular, the right to brand use does not incorporate the use of brands for internet labelling / addresses (domains).

Any other use of the trademarks requires prior written consent. It is not permitted to use any modification of the trademark, no matter how minimal, without the prior written permission of the provider.

In the event that the trademarks are altered, the use of the previous trademarks must cease immediately and the trademark use adapted. Excluded from this is the sale of products, within a period of three months after the trademarks have been changed, which are labelled with the original trademarks and were marketed with the permission of the provider.

The provider reserves the right to revoke permission for the use of the trademarks at any time.

2.4 Irrespective of Figures 2.2 and 2.3, the user is obliged to indicate every advertising measure carried out by him as being his own. Hereby all legal regulations are to be followed and adhered. The provider is not liable for the advertising statements of the user which are not in agreement with the content and trademarks or other declarations of the provider.  

2.5 Furthermore, the user also vouches that the specific use of the content and trademarks does not contravene the rights of third parties and releases the provider from any claims concerning this. This exemption also applies with regard to infringements against the obligations outlined in Figures 2.1 to 2.4.

3. Liability

3.1 The provider does not assume responsibility for the correctness, completeness or topicality of the provided content. Any claims of the user for compensation are excluded with the exception of claims for damages resulting from personal injury, bodily harm or damage to health or infringement of important contractual obligations (cardinal duties) as well as liability for other forms of damage which are based on an intentional or grossly negligent breach of duty on the part of the provider or his legal representatives or agents. Important contractual obligations are those which must be fulfilled for the proper realisation of use.

3.2 In the event of a breach of important contractual obligations, the provider only assumes liability for damages which are foreseeable and typical for this type of contract if this was caused due to negligence unless it involves damage claims of the user resulting from personal injury, bodily harm or damage to health.

3.3 The restrictions of Figures 3.1 and 3.2 also apply for the benefit of the legal representatives and vicarious agents of the provider if claims are made against these.

4. Content of portal

4.1 The provider reserves the right to alter, amend, delete or temporarily or permeant cease publication of parts of or the complete portal without special announcement of this.

4.2 The provider is entitled to amend the terms of use at any time with effect for the future without stating a reason for this. The current version is available on the portal. If the user is not in agreement with amends of the terms, he will inform the provider immediately and cease use of the portal.

4.3 If external websites which are outside the area of responsibility of the provider are directly or indirectly referred to ("hyperlinks") a liability obligation only occurs if the provider was aware of the content and it was technically possible and feasible for him, in the case of unlawful content, to prevent the use of this. Hereby the provider expressly declares that he is not aware of any illegal content on the linked pages at the time of the link being created. The provider does not have any influence on the current and future design, content or authorship of the linked pages and therefore expressly distances himself from all content of all linked pages which were amended or altered after the link was created. This declaration applies to all links and references included in the own website as well as entries from third parties in guestbooks, discussion forums, link registers, mailing lists and all other forms of databases created by the provider in which external parties have writing access. Liability for illegal, incorrect or incomplete content and, in particular, for damages resulting from the use or non-use of such provided content will only be assumed by the provider of the page which was referred to not the party which provided the link to the page.  

5. Data protection

5.1 We may process and store the personal data which was provided during portal registration within the scope of legal regulations in so far as this is required for the operation of the portal and control of use of the provided content. Within the framework of the existing business relationship, your personal data may be forwarded and processed within the Josera Erbacher Group. We also refer to our privacy policy.

5.2 Personal data will not be collected, forwarded or used in any other way other than for the purposes outlined in Figure 5.1.

6. Final provisions

6.1 Any contractual agreement between the user and the provider based on the portal is, due to mandatory provisions, subject to the law of the Federal Republic of Germany under the exclusion of the UN Convention on the International Sale of Goods.

6.2 If the user involves a merchant, corporate body under public law or special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the user and the provider is the place of the provider’s headquarters.

6.3 If individual parts of this contract are no longer legally valid, the remaining parts remain binding.