General Contract Terms and Conditions (T&C)

Part C

General concluding provisions

1. What happens on breach or infringement of third party rights?

1. 1.1 Should there exist concrete reasons to believe that you have contravened legal provisions, infringed third party rights or breached these General Contract Terms and Conditions, or should we have any other legitimate interest, in particular the protection of other users from deception or fraud, the following measures shall be open to us:
2. 1. - Deletion of offers or other contents
   2. - User caution
   3. - Limitation/restriction of use of the online service provided by WhiteWall
   4. - Temporary blockage
   5. - Definitive blockage
3. In the choice of measure applied, we shall take into account your legitimate interests wherever possible, in particular, whether concrete reasons exist to believe that the breach occurred without fault.


4. 1.2 We shall be entitled to ban all further use of the WhiteWall website (definitive blockage), where
5. 1. - you have entered incorrect contact details, in particular an incorrect or invalid e-mail address;
   2. - you cause considerable damage to use, in particular where our services are abused;
   3. - you breach these General Contract Terms and Conditions;
   4. - any other good reason exists.
6. 1.3 Following definitive blockage, no right of restoration of access to our service shall exist. Any further use of the WhiteWall website, including through other member accounts, shall be prohibited. Re-registration is not allowed.

2. System integrity and disruption of the WhiteWall website

1. 2.1 All use of mechanisms, software or other scripts capable of disrupting the function of the WhiteWall website when used in conjunction with this website shall be prohibited.


2. 2.2 All use which may result in an unreasonable or excessive burden on WhiteWall infrastructure is prohibited. It shall be forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of the WhiteWall website.


3. 2.3 Contents held on the WhiteWall website may not be copied or disseminated, nor may they be used or reproduced in any other form, without prior consent from the right holder. This shall apply also with respect to copying by "Robot/Crawler" search engine technology or by other automatic mechanisms.

3. What is the extent of our liability?

1. 3.1 Liability for damage resulting from defects in title and absence of warranty shall be unrestricted.


2. 3.2 In all other cases, liability shall be unrestricted only with respect to damage caused through malice or gross negligence, including in respect of our legal representatives, managerial staff and vicarious agents.


3. 3.3 With respect to damage arising though negligence, liability shall be accepted only insofar as a duty is breached, the adherence to which is of particular significance for the attainment of the purpose of contract (cardinal duty). Liability is restricted to double the value of contract and shall exist only with respect to typically foreseeable damage within the framework of the contract.


4. 3.4 Liability for injury to life, body or health as well as liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

4. What is the place of jurisdiction for this contract and what law will be applied?

1. 4.1 Where you are not permanently or habitually resident in Germany, these General Contract Terms and Conditions shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN trade law.


2. 4.2 Where you are a merchant/trader as defined in the German Commercial Code (HGB), a special public fund or a legal person under public law, exclusive place of jurisdiction for any and all dispute arising in connection with these General Contract Terms and Conditions as well as with any individual contracts concluded on the basis of such shall be Berlin.

5. What happens with my personal data?

1. All information can be found in our privacy policy.

6. For what term will the General Terms and Conditions apply?

1. The General Terms and Conditions shall apply for the entire term of the contractual relationship between you and AVENSO AG. They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data.

7. How can we amend the General Terms and Conditions?

1. We reserve the right to amend the General Terms and Conditions at any time without further explanation. In such case, we will explicitly notify you on our Webpage of the amended General Terms and Conditions. Your agreement will be required before any amendments are to take effect.