Brapu Company Website Terms of Use
- Scope
1.1 All users of this website (“Brapu Website”) provided by Brapu (China) Cooling Equipment Co., Ltd. and/or its affiliated companies (“Brapu”) must comply with these Terms of Use. These Terms of Use may be modified, revised, or replaced by other terms and conditions, such as when purchasing products and services. Once you log in or do not need to log in to access or use the Brapu website, you accept the current version of the terms of use.
1.2 If the content of the website is targeted at companies or public enterprises, such companies or enterprises will be represented by users, and it must be assumed that users have appropriate knowledge and have taken corresponding actions.
1.3 If a user uses the Brapu website as a commercial user, that is, he or she does not act beyond his or her trade, business or professional purposes, or uses the Brapu website as an administrative user, then items 1-3 in the first sentence of paragraph 1 of article 312e of the Bürgerliches Gesetzbuch do not apply. - Services
2.1 This Brapu website contains specialized information and software for browsing or downloading, as well as relevant documents (as the case may be).
2.2 Brapu may completely or partially stop the operation of the Brapu website at any time. Due to the characteristics of the network and computer system, Brapu assumes no responsibility for the continuous availability of Brapu sub websites. - Registration and password
3.1 Some pages of the Brapu website are password protected. For the sake of security and commercial transaction security, only registered users can access the above page. Brapu reserves the right to refuse any user registration. Brapu (BRAPU) reserves the right to decide to convert certain previously freely accessible websites into websites that require registration for access. Brapu (BRAPU) has the right to refuse to grant users access to password protected areas at any time by blocking user data (as defined below), and Brapu (BRAPU) has no obligation to provide reasons for the refusal, especially if the user
Using false data for registration; Violating these Terms of Use or neglecting its duty of care towards user data; Violating relevant laws when accessing or using the Brapu (BRAPU) website; Or not using the Brapu (BRAPU) website for a long period of time.
3.2 When registering, users should provide accurate information and immediately update the information as it changes over time (if possible online). Users should ensure that the email address they provide to Brapu (BRAPU) is always valid and accessible to them.
After registration, Brapu (BRAPU) will provide users with an access code (“User Data”) that includes a username and password. On the first visit, the user should immediately change the password received from Brapu (BRAPU) to a password that only the user knows. User data allows users to browse or modify their data or (where applicable) revoke their consent to data processing.
3.4 Users should ensure that third parties cannot access user data and be responsible for all transactions or other activities conducted under their user data. After each login, users should exit the password protected website. If a user discovers improper use of their user data by a third party, they should immediately inform Brapu (BRAPU) of the above situation in writing or (as the case may be) via email within the scope of their discovery.
3.5 Upon receiving the notification in Section 3.4, Brapu (BRAPU) will refuse access to password protected areas using the user’s data. The user can only access password protected areas after applying to Brapu (BRAPU) or re registering.
3.6 As long as deleting data does not violate the appropriate performance of relevant contractual relationships, users may request in writing to terminate their registration at any time. In this case, Brapu (BRAPU) will quickly clear all user data and other identifiable personal identification information stored that is no longer needed. - Right to Use Information, Software, and Documents
4.1 Any information, software, and documents provided or published through the Brapu (BRAPU) website shall be governed by these Terms of Use, or shall be updated in accordance with the relevant license terms previously agreed with Brapu (BRAPU). The separately agreed license terms (such as software download license terms) shall take precedence over these terms of use.
4.2 Within the agreed scope or (if not discussed above) within the intended purpose of Brapu (BRAPU) providing information, Brapu (BRAPU) grants users a non-exclusive, non-transferable, and non licensable license to use information, software, and documents provided or published through the Brapu (BRAPU) website.
4.3 The software shall be provided free of charge in the form of Object code. There is no right to request source code. The above provisions do not apply to the following source code related to Open-source software, that is, when transferring Open-source software, its license terms take precedence over these terms of use and its license terms require the supply of source code. In the above case, Brapu (BRAPU) should provide source code in exchange for payment fees.
4.4 Information, software, and documents shall not be distributed by users to any third party at any time, nor shall they be rented or otherwise disclosed. Unless permitted by mandatory law, users are not allowed to modify the software or documentation, nor are they allowed to disassemble, reverse engineer, or decompile the software or separate any part of the software. It is indeed necessary for users to backup a copy of the software to ensure further use in accordance with these terms of use.
4.5 Information, software, and documents are protected by copyright law, international copyright treaties, and other laws and conventions related to intellectual property. Users shall comply with the above laws, and in particular shall not modify, conceal, or remove information and any alphanumeric codes, logos, or copyright notices in the software or documents or any copies thereof.
Article 69a and the following provisions of the German Copyright Law are not affected by the above provisions. - Intellectual Property
5.1 Despite the special provisions in Article 4 of these Terms of Use, the information, brand name, and other content of the Brapu (BRAPU) website may not be changed, copied, copied, sold, rented, used, supplemented, or otherwise used without the prior written consent of Brapu (BRAPU).
5.2 Except for the usage rights and other rights expressly granted in these Terms of Use, Brapu (BRAPU) does not grant any other rights to the user, nor does it imply any obligation to be granted any further rights. Any and all patent rights and licenses are hereby expressly excluded.
5.3 Brapu (BRAPU) can use any opinions or suggestions stored by users on the Brapu (BRAPU) website for the development, improvement, and sales of Brapu (BRAPU) products for free. - User Obligations
6.1 When accessing or using the Brapu (BRAPU) website, users shall not harm others (especially minors) or infringe on their personal rights;
Violating public morality; Infringe any intellectual property or other proprietary rights; Upload content containing viruses (so-called “trojans”) or any other program that may damage data; Disseminate, store, or upload unauthorized hyperlinks or content to users, especially when such hyperlinks or content violate confidentiality obligations or are illegal; Users are not allowed to solicit or request participation in any lottery, snowball system, chain messages, pyramid games, or similar activities by posting advertisements or emails of unknown origin (so-called “spam”), issuing false alerts of viruses or defects, or disseminating similar materials.
6.2 Brapu (BRAPU) may refuse access to the Brapu (BRAPU) website at any time, especially when the user violates any obligations arising from the terms of use. - Hyperlinks
The Brapu (BRAPU) website can contain hyperlinks to third-party web pages. Brapu (BRAPU) assumes no responsibility for the content of such webpage, nor does it declare or acknowledge that such webpage or its content belongs to Brapu (BRAPU), as Brapu (BRAPU) does not control the information on such webpage, nor is it responsible for the content and information of such webpage. Users bear the risk of using the information on such websites. - Liability for defects in ownership or quality
8.1 Unless involving intentional misconduct or fraud, Brapu (BRAPU) shall not be liable for any defects in quality or ownership of any information, software, or documents made public free of charge, and in particular shall not be liable for accuracy, flawless, non claimability, no third-party rights, completeness, or suitability for the purpose.
The information on the BRAPU website may contain specifications or general descriptions that are related to the technical possibilities of individual products and may not be disclosed in certain circumstances (such as due to product changes). The required performance of the product needs to be agreed upon by both parties during each purchase. - Other responsibilities, viruses
9.1 Brapu (BRAPU)’s liability for quality and ownership defects shall be determined in accordance with Article 8 of these Terms of Use. Unless required by law, Brapu (BRAPU) shall not assume any further liability under the Production Liability Law or in cases of intentional misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of defects, or breach of basic contractual obligations. If there is no intentional misconduct or gross negligence, the damages arising from the breach of basic contractual obligations shall be limited to common and foreseeable damages in the contract.
Although Brapu (BRAPU) will do its best to protect its website from virus attacks, Brapu (BRAPU) cannot guarantee that its website is virus free. For self-protection, users should take necessary measures to ensure appropriate security measures and use virus scanning programs to scan any information, software, or documents when downloading them.
9.3 Sections 9.1 and 9.2 do not intend or imply any change in the burden of proof that is detrimental to the user. - Compliance with Export Control Regulations
10.1 If the user transfers the information, software, and documents provided by Brapu (BRAPU) to a third party, the user shall comply with all applicable domestic and international (re) export control regulations. In the aforementioned transfer, the user shall comply with the (re) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America.
Before making the aforementioned transfer with a third party, users should especially take appropriate measures to check and ensure that:
The above-mentioned transfer or provision of other economic resources related to the information, software, and documents provided by Brapu (BRAPU) does not violate the embargoes imposed by the European Union, the United States of America, and/or the United Nations; Considering the restrictions on domestic transactions and the prohibition of circumventing such embargoes.
If the use related to armaments, nuclear technology, and weapons is prohibited or requires authorization, the information, software, and documents provided by Brapu (BRAPU) are not intended for such use, unless the required authorization is provided.
The provisions of the European Union and the United States of America regarding the list of entities, individuals, and organizations that are prohibited from conducting trade are being considered.
10.3 If necessary to enable relevant agencies or Brapu (BRAPU) to conduct export control inspections, users should promptly provide Brapu (BRAPU) with all information related to the end users, destinations, and uses of the information, software, and documents provided by Brapu (BRAPU) upon receiving a request from Brapu (BRAPU), and inform Brapu (BRAPU) of any export control restrictions that exist.
10.4 For any claims, litigation proceedings, lawsuits, fines, losses, and damages arising from or related to the user’s non-compliance with export control regulations, the user shall compensate Brapu (BRAPU) for all losses and expenses suffered as a result of the above reasons, compensate and ensure that Brapu (BRAPU) will not receive any damage as a result, unless the above situation is not caused by the user’s fault. This provision does not imply a change in the burden of proof.
The obligation of Brapu (BRAPU) to fulfill the agreement is subject to the following restrictions, that is, the fulfillment of the obligation has not been prohibited by domestic and international trade and customs regulations or any embargoes or other sanctions. - Data privacy protection
In order to collect, use, and process personally identifiable information that can be recognized by users of the Brapu (BRAPU) website, Brapu (BRAPU) shall comply with laws related to data privacy protection and the Brapu (BRAPU) website data protection privacy policy, which can be obtained through hyperlinks on the Brapu (BRAPU) website and/or on the website www.brapuchina.com. - Supplementary Agreement, Jurisdiction, and Applicable Law
12.1 Any supplementary agreement must be in writing.
12.2 If the user is a commercial entity specified in the German Commercial Code, the jurisdiction should be Munich.
12.3 Each page on the Brapu (BRAPU) website is operated and managed by Brapu (BRAPU) Corporation and/or its affiliated companies. Each webpage shall comply with the applicable laws of the country where the responsible company’s place of business is located. Brapu (BRAPU) has not made any statement indicating that the information, software, and/or documents on the Brapu (BRAPU) website are suitable or available for browsing or downloading outside of the country. If users access the Brapu (BRAPU) website from outside the country, they are responsible for complying with all applicable local laws. If the information, software, and/or documents on the Brapu (BRAPU) website are illegal in the country visited, Brapu (BRAPU) will prohibit that country from accessing the Brapu (BRAPU) website. In this case, when the user attempts to trade with Brapu (BRAPU), they should contact the representative responsible for specific country affairs at Brapu (BRAPU).
12.4 These Terms of Use shall be governed by German law, and all disputes related to these Terms of Use or its subject matter shall be resolved in accordance with German law, except for the conflict of laws rules therein. The United Nations Convention on Contracts for the International Sale of Goods promulgated on April 11, 1980 is not applicable here.