1. Scope

1.1. Any use of this web site provided by “Meena Business Consultancy Services F.Z.C.”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Meena Business Consultancy Services Web Site these Terms of Use are accepted in their then current version.

1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

1.3. If the User uses this Meena Business Consultancy Services Web Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i para. 1 sentence 1 no. 1 – 3 of the German Civil Code does not apply.

2. Services

2.1. This Meena Business Consultancy Services Web Site contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.

2.2. Meena Business Consultancy Services may stop the operation of the Meena Business Consultancy Services Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Meena Business Consultancy Services cannot accept any liability for the continuous availability of the Meena Business Consultancy Services Web Site.

3. Registration, Password

3.1. Some pages of the Meena Business Consultancy Services Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Meena Business Consultancy Services reserves the right to deny registration to any User. Meena Business Consultancy Services particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Meena Business Consultancy Services is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User:

• uses false data for the purpose of registration;
• violates these Terms of Use or neglects its duty of care with regard to User Data;
• violates any applicable laws in the access to or use of the Meena Business Consultancy Services Web Site; or
• did not use the Meena Business Consultancy Services Web Site for a longer period.

3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to Meena Business Consultancy Services, is current at all times and an address at which the User can be contacted.

3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the User shall promptly change the password received from Meena Business Consultancy Services into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

3.4. The User shall ensure that User Data is not accessible to third parties and shall be liable for all transactions and other activities carried out using such User Data. At the end of each online session, the User shall log off from the password-protected areas. If the User becomes aware that third parties are misusing its User Data, the User shall notify Meena Business Consultancy Services without undue delay in writing or, where applicable, by e-mail.

3.5. After receipt of such notice under paragraph 3.4, Meena Business Consultancy Services will block access to the password-protected area associated with the affected User Data. Access will be restored only upon the User’s request to Meena Business Consultancy Services or through new registration.

3.6. The User may request termination of its registration at any time in writing, provided such deletion does not conflict with the proper performance of contractual obligations. In such cases, Meena Business Consultancy Services will delete all User Data and other stored personally identifiable information as soon as it is no longer required.

4. Right of Use to Information, Software and Documentation

4.1. The use of any information, software or documentation made available on or through the Meena Business Consultancy Services Web Site is subject to these Terms of Use or, in the case of updated versions, subject to the applicable license terms previously agreed with Meena Business Consultancy Services. Separately agreed license terms (e.g., for software downloads) shall prevail over these Terms of Use.

4.2. Meena Business Consultancy Services grants the User a non-exclusive, non-transferable, and non-sublicensable license to use the information, software and documentation made available on or via the Web Site to the extent agreed or, in the absence of such agreement, to the extent intended by Meena Business Consultancy Services.

4.3. Software is provided free of charge in object-code form only. There is no entitlement to receive source code. This does not apply to open-source software whose license conditions require the provision of source code. In such cases, Meena Business Consultancy Services shall provide the source code upon reimbursement of associated costs.

4.4. The User may not distribute, rent or otherwise make available the information, software or documentation to third parties. Unless permitted by mandatory law, the User shall not modify, disassemble, reverse engineer, decompile or separate any part of the software or documentation. The User may create one backup copy where necessary to ensure continued use in accordance with these Terms of Use.

4.5. All information, software and documentation are protected by copyright laws, international copyright treaties and other intellectual property regulations. The User shall respect such laws and shall not modify, obscure or remove any alphanumeric codes, marks or copyright notices from the information, software or documentation, or any copies thereof.

4.6. §§ 69a et seq. of the German Copyright Law remain unaffected.

5. Intellectual Property

5.1. Unless expressly permitted in § 4 of these Terms of Use, information, brand names and other content from the Meena Business Consultancy Services Web Site may not be altered, copied, reproduced, sold, rented, used, supplemented or otherwise utilized without the prior written consent of Meena Business Consultancy Services.

5.2. Except for rights expressly granted herein, no further rights are conferred upon the User, nor shall any obligation arise to grant additional rights. All patent rights and licenses are expressly excluded.

5.3. Meena Business Consultancy Services may, free of charge, use any ideas or proposals submitted or stored by the User on the Meena Business Consultancy Services Web Sites for the development, enhancement and sale of its products.

6. Duties of the User

6.1. In accessing or using the Meena Business Consultancy Services Web Site, the User shall not:

• breach public morality in its manner of use;
• violate any intellectual property or proprietary rights;
• upload content containing viruses, Trojan horses or other harmful code;
• transmit, store or upload hyperlinks or content to which the User is not entitled, particularly where such content violates confidentiality obligations or applicable law;
• distribute advertising or unsolicited e-mails (“spam”) or inaccurate warnings regarding viruses or defects, or solicit participation in lotteries, pyramid schemes, chain letters or similar activities.

6.2. Meena Business Consultancy Services may deny access to the Web Site at any time, particularly where the User breaches obligations arising from these Terms of Use.

7. Hyperlinks

7.1. The Meena Business Consultancy Services Web Site may contain hyperlinks to third-party web pages. Meena Business Consultancy Services assumes no responsibility for such content and does not endorse or adopt the content as its own, as it has no control over such pages. Accessing such pages is at the User’s sole risk.

8. Liability for Defects as to Quality or Title

8.1. Where information, software or documentation is provided at no cost, any liability for defects as to quality or title—particularly regarding correctness, freedom from defects, absence of third-party rights, completeness or fitness for purpose—is excluded, except in cases of willful misconduct or fraud.

8.2. Information on the Web Site may contain specifications or general descriptions of the technical capabilities of products which may not be available in specific instances. Required performance characteristics shall therefore be agreed at the time of purchase.

9. Other Liability, Viruses

9.1. Liability for defects is governed by § 8 of these Terms of Use. Any further liability is excluded unless required by law (e.g., Product Liability Act) or in cases of willful misconduct, gross negligence, personal injury or death, guaranteed characteristics, fraudulent concealment of defects, or breach of fundamental contractual obligations. Damages for breach of fundamental obligations are limited to foreseeable, contract-typical damages absent willful misconduct or gross negligence.

9.2. Although Meena Business Consultancy Services strives to maintain a virus-free Web Site, it cannot guarantee that the site is free of viruses. Users must take appropriate safety measures and use a virus scanner before downloading information, software or documentation.

9.3. §§ 9.1 and 9.2 do not alter the burden of proof to the User’s disadvantage.

10. Compliance with Export Control Regulations

10.1. When transferring information, software or documentation provided by Meena Business Consultancy Services to third parties, the User must comply with all applicable national and international (re-) export regulations, including those of the Federal Republic of Germany, the European Union and the United States of America.

10.2. Before such transfer, the User shall verify and ensure:

• No violation of embargos issued by the EU, the USA or the United Nations;
• The information, software or documentation is not intended for use in armaments, nuclear technology or weapons unless required authorizations have been obtained;
• All applicable Sanctioned Party List provisions of the EU and the USA are respected.

10.3. Upon request, the User shall promptly provide Meena Business Consultancy Services with all information required to conduct export-control checks, including details on the end user, destination and intended use.

10.4. The User shall indemnify and hold Meena Business Consultancy Services harmless from any claims, fines, losses or damages arising from non-compliance with export control regulations, unless the User is not at fault. This does not affect the allocation of burden of proof.

10.5. Meena Business Consultancy Services’ obligation to perform under an agreement is subject to the condition that performance is not impeded by national or international foreign trade or customs regulations, embargos or other sanctions.

11. Supplementary Agreements, Jurisdiction, Applicable Law

11.1. Any supplementary agreements must be made in writing.

11.2. If the User is a merchant under the German Commercial Code, the place of jurisdiction shall be Frankfurt.

11.3. The individual pages of the Meena Business Consultancy Services Web Site are operated by Meena Business Consultancy Services and/or its affiliates. These pages comply with the laws applicable in the country where the operating entity is located. Users accessing the Web Site from outside that country are responsible for complying with local laws. Access from regions where such content is unlawful is prohibited. Users seeking to conduct business from such regions must contact the local Meena representative.

11.4. These Terms of Use are governed exclusively by German law, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.