Published on July 30, 2019
§ 1 Registration
§ 2 No remuneration due
Use of the Platform does not lead to any remuneration obligation of the Customer to XOM or of XOM to the Customer.
§ 3 Services of Partners
3.1 Products are always offered and sold via the Platform by the Partner specified in each case on the Platform.
3.2 To the extent required for communicating via the platform and the conclusion and/or the performance of contracts with a Partner, the Customer agrees that XOM will provide the Partner with the required communications, declarations and data of the Customer. With respect to the exchange of declarations between the Customer and Partners, XOM always is only a messenger. XOM shall forward such communications and declarations automatically to the respective contact provided by the Customer or the Partner.
3.3 The Customer acknowledges that XOM is neither responsible for the content and information provided by the Partners on the Platform nor the services offered by them or their declarations and other actions and that no contract and/or performance relationship will come into existence in this respect between XOM and the Customer. In particular, the Partner alone is liable for the fulfilment of contracts concluded with Customers, the provision of services, invoicing, collecting payments, as well as warranty for defects, refunds and returns. The contract concluded with any Partner is solely governed by the general terms and conditions and the privacy policies of the Partner specified in each case when the contract is concluded.
§ 4 Provision of the Platform
§ 5 Use of the Platform
5.1 XOM grants the Customer access to the Platform via an account using login data. The Customer will keep its login data secret at all times and inform XOM promptly after obtaining knowledge about any unauthorised access.
5.2 The Customer will take all necessary measures to prevent any risks to the security and stability of the Platform and the systems of XOM and its subcontractors and will not retrieve data or information without authorisation, interfere with the software of the Platform, penetrate data networks of XOM or transmit any viruses, Trojans or other malware.
5.3 The Customer warrants, that he will not purchase items via the Platform for end use or strive to do so, but only in order to resell, convert, process, lease and/or pass them on to subcontractors.
§ 6 Intellectual Property
6.1 Except where expressly provided for in this contract, both parties, their third-party suppliers and licensors shall remain owners of all intellectual property rights and copyrights.
6.2 The customer grants XOM and its subcontractors the non-exclusive, transferable, sub-licensable and royalty-free right to use the information, data and other content provided by the Customer in connection with the online platform for the purpose of fulfilling the obligations arising from the contract, for the operation of the online platform and for the fulfilment of legal obligations and official orders.
6.3 All limitations and exclusions of liability set out in § 6 also apply to XOM's affiliates, members of the executive board, directors, employees, agents, subcontractors, sub-suppliers and other assistants.
§ 7 Indemnification
7.2 The obligation of the Customer to provide the indemnity pursuant to Section 7.1 does not apply if XOM is liable for the occurrence of the corresponding claims, damages or costs.
§ 8 Blocking
XOM is at any time at its sole discretion entitled without prior notice or specifying grounds to partially or completely block the Customer from using the Platform.
§ 9 Termination
9.2 The right to termination for good cause remains unaffected.
§ 10 Electronic communication
10.1 Declarations of XOM are deemed received by the Customer upon receipt of the e-mail by the e-mail inbox stated by the Customer during registration.
10.2 Declarations of the Customer are received by XOM upon receipt by the systems provided by XOM for electronic communications.
§ 11 Amendments
§ 12 Severability
§ 13 Confidentiality
13.2 The limitations under Section 13.1 do not apply insofar as the information is already publicly known, has been made public by third parties without breach of a contractual duty or is subject to a statutory obligation or court/official order for disclosure.
13.4 Any other regulations concerning confidentiality between the customer and a partner shall remain unaffected.
§ 14 Legal venue, place of performance