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Conditions of Use

Last updated on August 2023

Scope

  1. opesus AG ("opesus") operates a webshop ("LoA Market") accessible through the URL https://www.loa-market.com, where customers can purchase use rights and the right to sublicense specific substance data (hereinafter referred to as "Rights"). opesus sells the use rights to customers through the LoA Market. Upon acquiring the Rights, the customer is issued a Letter of Access. The Letter of Access is issued by opesus ("Service Provider"). opesus is neither the provider (“Data Provider”) nor the owner (“Data Owner”) of the specific substance data.
  2. These General Terms and Conditions of Use ("Conditions of Use") exclusively govern the access to and use of the LoA Market by registered customers ("Customers").
  3. In addition to these Conditions of Use, the Customer accepts compliance with the General Terms and Conditions of the host provider selected by opesus, which can be found at https://maxcluster.de/agb. Any other diverging agreements or supplementary regulations, especially the Customer's general terms and conditions, shall not apply, even if opesus does not expressly object to their validity or provides services to the Customer without reservation or knowledge of such conditions.
  4. Notwithstanding these Conditions of Use, each purchase of usage rights made through the LoA Market is exclusively subject to a separate Data License Agreement ("Data Sharing Agreement") related to the specific product.

Conclusion of Conditions of Use

  1. A usage agreement between opesus and the customer for the use of the LoA Market is formed upon the customer's registration of an account.
  2. Customers may access these General Terms and Conditions of Use (Conditions of use) at any time on the LoA Market and during the registration process. They can also print and electronically save these Conditions of Use using their browser's printing option. Additionally, opesus will send these Conditions of use to the customer upon confirming their registration. After the conclusion of the contract, opesus does not retain this contractual text.
  3. The language of the contract is English. Purchases on the LoA Market can only be made in the English language.
  4. The services offered in the webshop are available only in states that are not subject to trade sanctions by the United Nations, United States, or European Union.

Customer Account

Registration

  1. opesus is the contractual partner of the customer regarding the registration and use of a customer account in the LoA Market.
  2. Only entrepreneurs ("Unternehmer") are eligible to register as customers on the LoA Market. Registration is not permitted for companies located or operating in a state subject to trade sanctions by the United Nations, United States, or European Union.
  3. Registration is a prerequisite for the full use of the LoA Market.
  4. These General Terms and Conditions of Use (Conditions of Use) exclusively serve as the contractual basis for the customer's registration and use of the LoA Market.
  5. Registration on the LoA Market is completed by entering the requested information and clicking the "Create an account" button.
  6. Until the customer clicks "Create an account," they may cancel the registration at any time or modify the provided information by deleting, supplementing, or correcting the information in the input fields or by closing their web browser or tab.
  7. opesus accepts the customer's offer to register the customer account by sending a confirmation email to the email address provided during registration.
  8. The contract for the customer account ("Customer Account") is concluded upon the receipt of the confirmation email.
  9. During registration, the customer will be prompted to enter personal data, including, among other things. Information on the processing of personal data can be found in LoA Market's privacy policy, available here.
  10. There are no costs associated with customer registration.
  11. opesus reserves the right to conduct all reasonably necessary checks to verify a customer's identity. opesus also reserves the right to request additional information to ensure that the customer meets the conditions for registration and use of the LoA Market. Furthermore, opesus reserves the right to reject the customer and not complete the registration.

Customer Obligations

  1. The customer is obliged to provide truthful and complete information during registration and to keep this information up-to-date. In particular, no customer shall use a false email address or impersonate another person or company. The customer shall bear all direct consequences arising from the breach of these obligations. This includes, in particular, false confirmation of acting as an entrepreneur or providing incorrect information about a company.
  2. The customer is obliged to keep their access data to the customer account confidential and protect them from unauthorized access by third parties. In case of suspected misuse of the login data or the customer account, the customer is obligated to inform opesus promptly. opesus also recommends regular password changes. The customer shall bear all direct consequences resulting from any misuse of the access data by third parties, which is caused by their own fault.
  3. The customer shall not use the customer account for fraudulent purposes or in connection with any criminal or unlawful activity, particularly to impair access to or use of https://www.loa-market.com or any subdomain.

Termination of Customer Account

  1. The customer may request the termination of this contract and the deletion of the customer account from opesus at any time (support@loa-market.com).
  2. Upon termination of the customer account by the customer, the customer shall no longer have access to the services of the LoA Market that require a customer account. In particular, the customer will not be able to make any further purchases. Any previous purchases will be processed through the contact information provided by the customer.
  3. opesus reserves the right to temporarily suspend or terminate a customer account, particularly if the customer account is being misused for fraudulent or other unlawful purposes or by unauthorized third parties.
  4. opesus also reserves the right to terminate this contract with a notice period of 5 calendar days. Termination by opesus shall be equivalent to the deletion of the customer account opesus also reserves the right to terminate this contract with a notice period of 5 calendar days. Termination by opesus shall be equivalent to the deletion of the customer account.
  5. The right to terminate for cause remains unaffected. In particular, opesus has the right to terminate and delete the customer account:
    1. In the event of a persistent interruption of operations due to force majeure beyond the control of opesus, such as natural disasters, fires, or power outages that are not attributable to opesus, or
    2. In the event of a persistent breach of these Conditions of Use, the Data Sharing Agreement, or violations of applicable law by a customer.
    3. In the event of the imposition of trade sanctions by the United Nations, United States, or European Union against the country in which the customer is located or maintains a business establishment.
  6. In the event of termination or suspension of the customer account, opesus may continue to process customer data to comply with any legal obligations arising from the use of the respective services. Further information can be found in LoA Market's privacy policy, available here.

Changes to Customer Account

  1. In order to maintain the contractual compliance of the customer account, opesus may make necessary changes and adjustments to the customer account and its scope of functionality at any time. Beyond what is required for this purpose, opesus may modify and adapt the customer account and its scope of functionality if a compelling reason necessitates such changes. Such compelling reasons may include:
    1. Implementation of amended legal requirements or case law,
    2. Implementation of amended technical requirements, such as a new technical environment or other operational reasons, or
    3. Adaptation to changing market conditions, such as increased user numbers, or if the changes and adjustments are beneficial to the customer, such as improving user-friendliness or security.
  2. The customer shall not incur any additional costs for changes to the customer account and its scope of functionality.

Scope of Services

  1. The services provided by opesus under the Usage Agreement for the LoA Market ("Services") are determined by the scope of functionality of the LoA Market and include, in particular, the utilization of the features of the LoA Market. The full range of services is accessible only to customers with a customer account; specifically, in order to make purchases on the LoA Market, the customer must register for a customer account.
  2. opesus is not obligated to offer the Services at all times. The Services may be temporarily interrupted, particularly due to security, integrity, or capacity constraints, as well as for the implementation of technical measures such as maintenance work.

Customer Obligations in Using the LoA Market

  1. The customer undertakes to use the LoA Market in accordance with the principle of good faith solely for the purpose of accessing and acquiring relevant content for compliance with legal requirements under national and international regulations for chemicals.
  2. Unless explicitly permitted in the Data Sharing Agreement (Section 1, paragraph 4), the customer is not authorized to:
    1. decompile, disassemble, modify, reassemble, reverse engineer, or create any derivative work from the LoA Market and its provided content.
    2. copy, reproduce, or distribute the content of the LoA Market to third parties. The customer is entitled to disclose the content if legally obligated to do so.
    3. use hardware or software to disrupt the proper operation or security of the LoA Market, including the use of viruses, other harmful files or data, as well as attempting or successfully accessing files or data to which the customer has no access.
    4. use the LoA Market for unlawful purposes.
  3. In the event that the customer violates their obligations under these Conditions of Use, they shall be liable to opesus in accordance with legal regulations.

Warranty, Liability

  1. opesus makes no warranty for the accuracy, completeness, and error-free nature of the content displayed on the LoA Market concerning the substances of the Data Owners, to the extent that this content has been provided by the Data Owners to opesus.
  2. The LoA Market may contain links and references to third-party websites. opesus assumes no liability for the content and use of these links, references, and third-party websites.
  3. opesus shall be liable according to legal regulations if customers assert claims for damages based on intent or gross negligence, including representatives and vicarious agents of opesus.
  4. To the extent that opesus is accused of negligently breaching an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the purpose of the contract and upon which the customer regularly relies, the liability of opesus for damages is limited to the foreseeable, typically occurring damage.
  5. Liability for intentional injury to life, body, or health remains unaffected.
  6. Liability under the Product Liability Act and liability under Article 82 of the GDPR remain unaffected.
  7. The above liability limitations do not apply if opesus has provided a guarantee to the customer.
  8. Unless otherwise specified above, liability of opesus to the customer is otherwise excluded.

Data Protection

  1. All personal data collected in connection with the use of the LoA Market will be processed in accordance with applicable laws and the provisions of LoA Market's Privacy Policy and Cookie Policy.

Final Provisions

  1. These Conditions of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. Augsburg shall be the exclusive - but not the sole - international place of jurisdiction for all disputes arising out of or in connection with these Conditions of Use.
  3. If any provision of these Conditions of Use is found to be invalid or unenforceable, or if these Conditions of Use contain a gap, the validity of the remaining provisions shall remain unaffected. This shall not apply if adhering to them would constitute an unreasonable hardship for one party.