Info // TOS

Terms of Service

§ 1 Object Of Agreement

The following agreements will govern the provision of Pricemesh price comparison (Pricemesh), by the operator of (provider). With Pricemesh the customer receives the technical possibility and the permission to access a software application that is hosted by a provider on a central server, and to use the functionality of the software application as part of this agreement. The provider is supplying Pricemesh to the customers to use for that purpose.

§ 2 Pricing & Payment

The customer has a number of subscriptions available that can be booked to use Pricemesh.

2.1 If nothing else is agreed, a usage fee will be due, by the rate and specified term, at the beginning of the term. Should no termination take place till the end of the term the term will be extended automatically for another term and a usage fee will be due once more.

2.2 However, if the customer decides to chooses a subscription and chooses direct debit or SEPA direct debit for the preferred payment method, an appropriate period of notice of 1 day is required which is for collecting the direct debit (COR1). In the event the account of the customer has no sufficient funds at the time to debit the transaction, a service fee of EUR10 are valid and will be applied.

§ 3 Services

3.1 The provider provides, within the existing technical and operational possibilities, Pricemesh to the customer, whose content and scope are outlined from the following specification operable ready. Pricemesh is operable provided, when the provider informs the customer about the activation.
3.2 Pricemesh regards itself as a gateway to third-party providers, like affiliate programs on affiliate networks, to the customer, with the goal to display a price comparison with set products that are provided by these third-party providers.
3.3 The price comparison can be freely integrated on the website of the customer.
3.4 The required product data are readout by a third party provider via interfaces, so-called web services, and provided to the customer to display on their own website
3.5 Prices for products, shipping, and delivery time and availability of products, which are displayed in the comparative table derive from a third party provider and are cached for display on the website of the customer for a short period of time. All data therefore corresponds to approximate information. Because of technical reasons there are no real-time responses and as a result might be flawed, incomplete and inflated.
3.6 The product for comparison is the result from a unique product number, like ASIN, EAN, UPC or ISBN.
3.7 The customer has to register with at least one third party provider, so-called affiliate program provider or affiliate network to use Pricemesh. The credentials for accessing the WebService of the third party provider has to be filed with provider

§ 4 Legal Right Of Use

4.1 The customer receives the non-exclusive temporary limited right, for the duration of the contract, to integrate Pricemesh on his website and to show Pricemesh to the visitors of his website. The customer will not receive any further right, in particular to Pricemesh, the software applications or the operating software.
4.2 The customer is not entitled to use Pricemesh beyond the permitted use pursuant to this contract or to be used by a third party or to make it accessible to third parties. In particular, the customer is not permitted to copy Pricemesh or reproducing parts of it , sell it, or permitting the temporary use thereof, especially not to lease or to lend.
4.3 For every case in which the customer culpably enables the use of Pricemesh by a third party , the operator reserves the right to seek claims for damages.
4.4 In the event of an unauthorized right of use, the customer has to inform the provider immediately about all the information to assert the claims against the user, in particular the name and address.
4.5 If the contractual use of Pricemesh is without debt from the provider affected by industrial property rights of third parties, the provider is entitled to refuse the services affected thereby. The provider shall inform the customer about it without delay and conveniently authorize access to his data. Other claims or rights from customers remain unaffected.

§ 5 Privacy & Security

5.1 Both parties shall comply with the respective applicable, particular in Germany, valid data protection regulations and bound to the connection with the contract of appointed employees to data confidentiality in accordance with Section 5 of the Federal German Data Protection Act (BDSG), provided these are not already generally accordingly obligated.
5.2 If the customer collects, processes or uses personal data, he vouches for the fact, that he uses it under the applicable regulations, in particular be entitled to data protection regulations; and in case of a breach, it exempts the provider from all third party claims.
5.3 As far as the data to be processed is personal data, an order data processing occurs and the provider will observe the instructions of the customer (i.e.. to comply with deletion obligations and blocking obligations). The instructions have to be communicated in a timely written notice.
5.4 The software application, server, and operating software as well as other system components from Pricemesh are operated by a computer network in a computer center from a third party. The provider can assign subcontracts, but the sub-contractor has to impose the preceding clauses (order data management) to the corresponding obligation.
5.5 The provider takes the appropriate technical and organizational safety precautions and measures in accordance with Section 9 of the Federal German Data Protection Act (BDSG). The client shall principally not be entitled to access the premises with the software application, server, and operating software, as well as other system components from Pricemesh. Access rights of the security administrator of the customer shall remain unaffected after written announcement for verificatiction of compliance with the requirements in accordance with Section 9 of the Federal German Data Protection Act (BDSG) as well as the other conformity with the law and conformity with the contract of the provider's dealings with personal data within the operation of Pricemesh according to this contract.

§ 6 Customer Duties

The customer will meet appropriate obligations that will lead him to the service provision and service processing of this contract He will in particular
6.1 The customer commits himself to inform the provider with any organizational changes, employee changes, or similar caused changes in the allocation of the users;
6.2 protect him or the user, assigned user and access authorizations as well as identification security, and authentication security to prevent access by third parties, and will not pass them on to an unauthorized third party.
6.3 ensure that (i.e. while importing discriptions and data of a third party on the server of the provider) all industrial property rights and copyrights are respected;
6.4 ensure to obtain the required consent of each data subject, as far as it stays within the framework of the usage of Pricemesh, to collect personal data, process and utilize, and no legal regulated activity intervenes;
6.5 not abuse Pricemesh or allow it to be abused in particular, to not convey any information with unlawful or unethical content or to indicate information or to indicate information that serves incitement to hatred and violence against segments of the population induced criminal offenses or glorifies or trivializes violence, sexually offensive or pornographic, causing serious moral harm to children or adolescents or damages the reputation of the provider.
6.6 refrain from using, himself or through non-authorized parties, to retrieve information or unauthorized data, or intervene or re-engage in programs, which are used by the provider or unauthorized access in data networks from the provider.
6.7 the electronic interchange of messages and information of any kind is prohibited from sending unsolicited messages or information to third parties for advertising purposes (spamming)
6.8 save the provider from all third party claims, that arise due to the unlawful use from Pricemesh by him or by others with his consent or that arise, in particular from disputes involving data protection, copyright or other legal disputes involving data protection, copyright or other associated with the use of Pricemesh. If the customer realizes or can be expected to realize, that such a violation of this type is about to occur, he shall be obligated to notify the provider without any delay.
6.9 be charged if he submits a message that the service is not functioning properly , if such checks show that the service is functioning properly and the customer could have known that by reasonable error analysis;
6.10 ensure, that he has the exclusive right to use the filed in credentials for web services of a third party, in particular affiliate program provider and affiliate networks.
6.11 catch up with consent from affiliate program providers and affiliate networks, if the program will be used in connection with Pricemesh. Provided that the consent expires, the costumer has to remove the appropriate provider immediately.
6.12 ensure that the affiliate program provider, whose data is displayed by Pricemesh, has the right to use copyright and protected trademarks rights, protected terms and images, esp. of product images, logos and brand names, and that the provider has granted these rights to the customer.
6.13 ensure that the compared product has been sufficiently described on the customer's website, so that a visitor of the customer's website can see which product is being compared. This also ensures that no incorrect product identification numbers are used which can lead to a similar product or a special edition of the product.
6.14 ensure that enough information about the product is available on the customer's website that the compared product data is an approximate figure, which might not be valid at the time of the ad. Prices for the products and shipping might be higher images may not reflect the actual products and the information of the delivery time and stock status may are inaccurate or an error.
6.15 make sure that the provided third party credentials are always valid.
6.16 ensure that Pricemesh is only displayed for his own website visitors and the transmitted data is not being used for cache or used for any other purposes.
6.17 ensure not to call Pricemesh's servers automatically with scripts or programs

§ 7 Contrary Use of Pricemesh

7.1 The provider is entitled to block access to Pricemesh and its data if the customer is in violation against one of the conditions laid down in this contract, essential duties and mentioned duties. Access will be restored only when the breach of the substance substantial obligation concerned has been remedied permanently or when the risk of a repeat breach can be ruled out reliably by way of a reasonable cease-and-desist declaration, under penalty, by the provider.
7.2 In the case of an offense against § 6.5 – 6.7 and 6.16 - 6.17 the provider shall be entitled to delete the affected data.
7.3 If there is a culpable violation of the customer, in the case of § 7.1 and § 7.2, the customer is liable to pay damages in the amount of 1,000 euros. The damages are higher or lower, if the provider can prove a higher damage or the customer proves a lower damage; the customer can also prove that no damage is present The enforcement of other claims for damages remains reserved to the provider.
7.4 In the event of illegal breach of the in § 6.5 – 6.7 set obligations by a user, the customer has to inform the provider on demand of all data to enforce the claims against the user, in particular their name and address

§ 8 Liability

8.1 The provider is liable with regard to the customer for intent and gross negligence for all damages he or his legal representatives or assistants have caused either purposely or by culpable negligence.
8.2 In the case of simple negligence the provider is liable without restriction for damage to life, the body or the health. In all other cases the provider shall be liable only, insofar if infringed a substantial contractual obligation (cardinal duty). In these cases, liability is limited to compensation for for predictable, typically occurring damage. For a single claim liability it shall be limited to the contractual value.
8.3 The strict liability of the provider for compensation for damages (Section 536 a of the German Civil Code) or any defects/deficiencies existing at the time of signing of the contract for which he is not responsible. § 9.1 and 9.2 remain unaffected.
8.4 The liability according to the regulations of the product liability law remains unaffected.

§ 9 Disclaimer

The provider is not liable
9.1 if a affiliate program provider or affiliate network is terminating the contractual relationship due to the utilization in connection with Pricemesh.
9.2 for flawed, out-of-date and high prices, as well as shipping, which are displayed in connection with Pricemesh.
9.3 for the infringement of copyrights on images and graphics, that are displayed with Pricemesh, since Pricemesh is providing the data by third parties, with whom the customer entered a contractual relationship, aimed at clarifying the copyright.

§ 10 Force Majeure

10.1 The provider shall be exempt from performing its service under this agreement, if and to the extent to which non-performance of services is due to the occurrence of circumstances of force majeure following the conclusion of the agreement.
10.2 Examples of force majeure include war, strikes, unrest, expropriation, substantial changes in law, storms, floods and other circumstances which are not justifiable by the provider. In particular water breaches, power outages, and interruptions, or destruction of data carrying cables, as well as targeted and non-targeted attacks on the server infrastructure of the provider or part thereof.
10.3 The contractual parties shall be obliged to inform each other of an event of force majeure immediately in writing and in a suitable manner.

§ 11 Inception Of Treaty, Cancellation

11.1 The services offered by the user are exclusively directed at the companies in accordance of Section 14 of the German Civil Code.
11.2 The contract will be in force by registering on the promoter's website.
11.3 The provider can terminate the contractual relationship at any time. If the customer has a subscription the customer can only terminate the contractual relationship at the end of the specified term.
11.4 The right to terminate the agreement on substantial grounds remains intact.
11.5 All terminations under this agreement shall be effective only if made in writing by letter or by email.

§ 12 Final Provisions

12.1 Customer shall not assign or transfer its rights or obligations under this agreement without the prior written consent of the provider to third parties. The Provider shall be entitled the rights and obligations of this contract to transfer to group companies as defined in § 15 Stock Corporation Act
12.2 All contractual relations shall be governed by German Law. Jurisdiction is Dortmund.

§ 13 Invalidity of Contractual Provisions

13.1. In the event of individual provisions of this contract being ineffective or void or will be, this shall not affect the validity of the contract as a whole.
13.2. The parties agree to replace the ineffective or invalid provisions by new provisions, including in the ineffective or invalid provisions, covered economical treatment level in a lawful way. The same shall apply, in the event a loophole emerges in this contract. The parties commit to fill the gap in this contract by the establishment of adequate regulations, which will come closest to the contractual parties intended, or given the sense and purpose of this contract, would, have intended if they had considered the matter. 

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