Terms of use
1. Scope
1.1. In addition to the provisions of the contract between ILES and you, the terms and conditions set forth in these sections 1 – 11. shall govern your use of ILES for initial requests, and additional requests, and requests for additional legal sources (sec. 4.1.).
1.2. You agree that any deviating agreement, in particular contradictory and supplementary terms and conditions, set forth by you are subject to our express written consent in order to become part of the contract.
2. Conclusion of the contract
2.1. You understand that we do not intend to submit a contract offer by presenting our services on the home page of the University of Tübingen and by providing certain web forms on the ILES platform. We rather invite you to submit a contract offer for your part.
2.2. You agree that you submit a contract offer by completing and delivering the relevant web form provided for initial requests, and additional requests, and requests for additional legal sources to the email mailbox of ILES. You understand that the automatic email you shall receive upon your request merely serves as a confirmation of receipt and has no legally relevant effects. You understand that we shall send you a separate formal confirmation of your request after having preliminarily assessed the number and contents of your questions of law or the number and type of the legal sources requested. You agree that the formal confirmation of your request shall have the effect of a legally binding acceptance.
3. General duties
3.1. You agree to provide and to maintain in your sphere of responsibility all technical prerequisites that allow you to communicate with us and that allow us to submit the data requested, in particular appropriate computer hardware, operating system software, stable internet connection and up to date browser software.
3.2. You agree to take all steps that are necessary to protect your computer systems from viruses, and spam mail, and spyware, and other unknown malware.
3.3. You understand that you might be obliged to disclose your use of ILES for initial requests, and additional requests, and requests for additional legal sources under the relevant rules of good professional practice. You agree to check the relevant rules of good professional practice in this regard.
3.4. You agree that your duties under this section shall not affect further specific duties set forth in other sections of these terms and conditions.
4. Scope and limitation of obligations, and availability, and variation
4.1. You agree that the type and the number of the legal sources to be submitted upon your initial request, your additional request or your request for additional legal sources shall derive from the contract between you and ILES.
4.2. You understand that any statement and explanation we publish in marketing material, on websites or otherwise are mere descriptions of the concept and operation of ILES and not intended to warrant or designate any particular attributes.
4.3. We shall issue all summaries with due diligence (rules of good professional practice). The same shall apply to our preliminary selection of the legal sources indicated in sec. 4.1. We shall try to provide current legal provisions and court decisions. You accept that in this respect we are dependent on the submission of current, accurate and complete information by third parties. We shall cite and submit academic literature, in particular commentaries, and manuals, and encyclopedias and form books (Formularbücher) using the most current editions available to us. You agree to verify whether the data submitted are suitable for your intended use.
4.4. You recognize that all summaries issued upon initial and additional requests exclusively outline legal opinions held by the courts and in academic literature but do not contain any legal opinion held by ILES or the supervisor responsible for handling your request.
4.5. You accept that we shall submit the legal sources only as far as possible without violating the rights of third parties, in particular patent rights, and copyrights, and trademark rights, and performance protection rights and design rights.
4.6. We shall handle all incoming initial requests, and additional requests and requests for additional legal sources in due time. You understand that the period of time between the submission of your request and our response including the summary and/or the relevant legal sources (handling time) may vary. In particular handling time may vary dependent on
a) the number of requests to be handled with priority;
b) the number of your questions of law;
c) the complexity of your questions of law;
d) the period of time required to procure, and prepare and digitize legal provisions, and court decisions and academic literature (as far as possible according to sec. 4.5.);
e) downtime as described in sec. 4.8. a) – d).
f) Ausfallzeiten i.S.d. Ziffer 4.8. a) bis einschließlich d).
4.7. You accept that we shall handle all requests in the chronological order in that they have been received. In this respect the date when the request has been delivered to the mailbox of ILES shall be decisive (sec. 2.2.).
4.8. We aim to provide continuous service. In this respect, times when our service is unavailable due to
a) internet malfunction and other unusual circumstances beyond our reasonable control, in particular force majeure;
b) regular system maintenance;
c) extraordinary system maintenance, that is urgently required to overcome unexpected malfunctions;
d) malfunction of the technical prerequisites in your sphere of responsibility that allow you to communicate with us and that allow us to submit the data requested (sec. 3.1.), for example hardware and browser malfunction
shall not be taken into account.
4.9. We reserve the right to discontinue or alter any or all of our services and to stop publishing our internet platform, at any time in our sole discretion without notice or explanation. You will not be entitled to any compensation or any other payment save to the extent expressly set forth in other provisions of these terms and conditions.
4.10. We aim to constantly adjust our internet platform to the current requirements. We therefore reserve the right to adjust the internet platform to the current state of technology and to modify the internet platform in order to enhance our own system, in particular in order to improve user friendliness. We further reserve the right to any modification of site contents that is required in order to enhance our own system, in particular to enhance user friendliness; and the right to any modification of site contents that is required in order to correct errors and to update and to complete our home page; and the right to any modification of site contents that is required in order to enhance the technical implementation of our services and the right to any modification of site contents required by license rights. You will not be entitled to any compensation or any other payment save to the extent expressly set forth in other provisions of these terms and conditions.
5. Fees
Initial requests, and additional requests and/or requests for additional legal sources handled by ILES shall remain free of charge.
6. Limited warranties
6.1. We aim to address malfunctions of our internet platform in due time. You understand that our responsibility in this respect extends to the transfer point, i.e. the gateway between our intern computer system and the internet. You accept that our responsibility does not extend to your computer system and the data transmission lines beyond the transfer point.
6.2. We shall select and prepare any information submitted with due care (rules of good professional practice). You accept that we do not warrant that the information submitted is complete and accurate and current.
6.3. You agree to indicate any deficiencies, malfunctions and damages without undue delay.
7. Limitations and exclusions of liability
7.1. The limitations and exclusions of liability set forth in this section shall govern any liability arising under that contract:
7.2. Nothing in a contract under these terms and conditions will limit or exclude any liability for willful misconduct, and for fraud and fraudulent misrepresentation, and for failure to meet warranted characteristics, and for gross negligence.
7.3. You accept that our liability for slightly negligent breaches of fundamental obligations under that contract shall be limited to damages that are typically inherent in that contract and that we could reasonably foresee. Fundamental obligations are obligations that are prerequisite to the performance of that contract and that you reasonably may expect to be observed.
7.4. You accept that our liability in any other case of slight negligence shall be limited to 1.000 € per claim.
7.5. The University of Tübingen will not be liable for any damage caused by ILES save as required by law.
8. Coming into force, duration and termination of the contract
8.1. Except as expressly agreed otherwise, that contract shall come into force and endure and terminate as set out in the provisions of this section 8.
8.2. That contract shall come into force when you receive our formal confirmation of your request (sec. 2.2.).
8.3. That contract shall terminate in the moment when we submit the summary issued upon your request and/or as far as possible (sec. 4.5) the legal sources named in sec. 4.1.
8.4. You agree that we will estimate any additional request and any request for additional legal sources as contracts separate from your initial request. You agree that the provisions set forth in section 2 and the provisions set forth in this section 8 shall apply on additional requests and on requests for additional legal sources with regard to the conclusion of the contract and with regard to its coming into force and duration and termination.
9. Privacy
9.1. You understand that we will collect and process and use personnel data in computer readable form according to the purpose of that contract. We will not disclose any of your personnel information at any to any third party.
9.2. We will not disclose any other confidential information that we may receive from your use of ILES at any time to any third party. You agree not to disclose any confidential information concerning ILES that you may receive from our response our by any other means at any time to any third party.
10. General provisions
10.1. You agree that we will carry out any of our obligations under this contract in Tübingen. You agree that any litigation arising from the use of ILES is exclusively to be settled in Tübingen.
10.2. You agree that any litigation arising from the use of ILES shall exclusively be subject to the laws of the Federal Republic of Germany and that any provision of international private law referring to laws from outside Germany shall not apply.
11. Prevailing language version
You agree that in case of any verbal or substantial difference between the German language version and the English language version of these terms and conditions the German language version shall prevail.
Date
2015-07-15
Accept terms of use and submit initial request
Accept terms of use and submit additional request
Accept terms of use and submit request for additional legal sources