1.1. The following General Terms and Conditions of Use (“GTC”) shall apply for the use of the password-protected area of the industry portal (hereinafter “Industry Portal”) of PHOENIX Pharmahandel GmbH & Co KG (“PHOENIX”). By registering to the use of the Industry Portal, the User shall accept these GTC without restriction and reser-vation. The validity of any deferring or conflicting general terms and conditions is herewith expressly refuted.
1.2. PHOENIX shall be entitled to amend the provisions of these GTC. In such a case, the User shall be expressly notified of such changes in writing and shall reaccept these GTC. Moreover, PHOENIX shall be entitled to stipulate additional terms for certain areas of the Industry Portal. Such terms shall apply in addition to these GTC.
1.3. The GTC in their currently applicable version are available any time on the website https://www.phoenix-industrieportal.de/en/conditions-of-use.
1.4. Unless they are made by individual agreement, any future additional agreements shall be in written form in order to be valid. This shall also apply to the amendment or the cancellation of this stipulation requiring the written form.
2. Use of the Industry Portal
2. 1. The use of the Industry Portal shall be reserved to suppliers which are a business partner of PHOENIX or its Affiliates (“User”). User accounts may not be transferred to third parties. There is no legal right to the use of the Industry Portal; PHOENIX shall have the right to refuse registration without explanation.
2. 2. Access to the server of the Industry Portal shall only be allowed per http-request, using a web browser. Users may not use administrator passwords or pretend to be an administrator when using the website.
2. 3. The User may access the Industry Portal free of charge. However, some of the ser-vices available on the Industry Portal are subject to a charge; this will be mentioned accordingly on the website.
2. 4. When using the website, User shall not overload, attack, alter or impair the respective software, hardware and/or the server. Furthermore, the User shall not prevent or impair third parties from using the website and not otherwise manipulate information or material from or in connection with the website.
3.1 The User has to register to the website in order to be able to access the content of the Industry Portal. During the registration process, the User has to enter its data (first name and last name, company) on a contact form. The User will receive a link via email in order to set up its User account and a password. The User will be able to log in with his email-address, to enter the selected password and use the content of the Industry Portal.
3.2 Each User can only register once. Each supplier can have several User accounts.
3.3 The User shall keep confidential its login details and shall protect them against access by third parties. The User shall not make available the login details for use by third parties or to otherwise provide third parties with the login data. Users shall not use the login data of third parties.
3.4 The User shall be exclusively responsible for the use of its User account and for all corresponding account activities including the use of the account by a person which uses User’s login details with or without its consent or which has access to a computer containing the User account or through which the User has access to the User account. User shall change the login details immediately should there be indications that a third party has had access to the login details. Furthermore, the User shall inform PHOENIX immediately in such cases.
3.5 The User shall always keep up-to-date the data provided during the registration process.
4. Intellectual Property
Except to the contractually agreed use of the Industry Portal, all content presented on the Industry Portal, especially texts, images, photos, graphics, musical works and trademarks are subject to the copyright law and to other intellectual property laws and may therefore not be reproduced, distributed, adapted, translated, saved or processed in other media, including electronic media. The use of automated systems or of automated software for the extraction of content from the Industry Portal shall be prohibited. Any exploitation, especially any use of texts, text passages, sound or visual material is subject to the prior consent of the respective authors or rights managers.
5.1 The User shall be entitled to delete its User account any time without notice and specification. As soon as the User account is deleted, User’s personal data which has been necessary for the use of the Industry Portal will be deleted within a month, provided there is no obligation to store the data due to legal provisions or regulations or if a business relationship still exists and the data storage is neces-sary for the purposes of the business relationship.
5.2 PHOENIX shall be entitled to delete the User account for good cause and to ex-clude the User from further use of the Industry Portal. PHOENIX shall have good cause to delete the User account i.a. in the following cases:
the User has provided misleading information at the time of the registration;
the User is not a supplier of PHOENIX anymore;
in case of multiple registrations of a User;
in case of violation of these GTC or of other terms and conditions available on the Industry Portal;
in case of breach of legal provisions i.a. regarding copyright, competition or data privacy law.
6. Changes to or termination of the Industry Portal; Availability
6.1 PHOENIX reserves the right to make changes with respect to the content of the Industry Portal, especially to stop a specific content of the Industry Portal. Further, PHOENIX shall have the right to stop the Industry Portal as a whole.
6.2 PHOENIX aims to provide the content of the Industry Portal without disruption, if possible. However, down times cannot be excluded despite the diligence shown. The User may not assert any claims based on the disruption or on another disturbance.
7.1 PHOENIX’s liability shall be excluded for slightly negligent acts of PHOENIX or its agents. This shall not apply in case of violation of an obligation which is important for the fulfilment of the purpose of the contract (i.e. an obligation which is a prerequisite for the proper performance of the contract and on which the contractual partner can reasonably rely); in this case, the liability shall be limited to the amount of damage typically foreseeable at the time the contract was entered into. Compensation claims under the Product Liability Actor arising from death, physical injury or damage to health shall not be affected by the limitation of liability.
7.2 Notwithstanding section 7.1., PHOENIX shall in no event be liable for the data on the Industry Portal, especially pharmaceutical data, to be accurate, complete or current.
7.3 Furthermore, PHOENIX shall be liable according to the legal provisions.
8. Links to other websites
The Industry Portal might contain links to third party websites. PHOENIX doesn’t verify, declines any responsibility for and doesn’t endorse the content and design of third party websites. If PHOENIX discovers or is notified that a specific content of a third party website to which PHOENIX has provided a link could provoke civil or criminal liability, the link will be deleted.
9. Data protection
PHOENIX collects, processes and uses Users’ personal data in order to allow use of the Industry Portal. Beyond that, PHOENIX collects, processes and uses User’s personal data only if the User has given its consent or if this is imposed or allowed by the General Data Protection Regulation, the Data Protection Act (Bun-desdatenschutzgesetz) or another legal provision.
9.2 Further information regarding collection, processing and use of personal data is provided under https://www.phoenix-industrieportal.de/en/data-security
10. Place of performance and jurisdiction
The place of performance and of jurisdiction shall be Mannheim. German law shall apply.
Date of last update: 04/23/2020