DLG e.V. - Conditions of Use

Conditions of Use

1. Preface

DLG e.V. (hereinafter referred to as “DLG”) is a leading organisation in the agricultural and food industry with over 28,000 members. It offers a neutral, open forum for knowledge exchange and opinion forming. In this light DLG enables the use of the online platform ‘DLG Agrifuture Insights’ (hereinafter referred to as the “AfI-website”), from which Subscribers can obtain information about the agribusiness sector, in particular country reports, trend reports, charts and graphs, and background reports. The AfI-website is available at www.dlg.org/afi.

2. Field of application

These Conditions of Use apply for the contractual relations between DLG and the AfI-website Subscribers.

3. Definitions

Subscribers to the AfI-website are legal entities or natural persons who have received a right of use for the AfI-website from DLG after registering to use the AfI-website.

Users of the AfI-website are natural persons who are employed by the Subscriber and have been authorised to use the AfI-website by the Subscriber and received access to the AfI-website from this Subscriber.

4.  Conclusion of the contract

The presentation of the AfI-website does not constitute a binding offer by DLG.

The Subscriber submits an offer for conclusion of a contract of use of the AfI-website by submitting the order through activating the button “send” after running through the online form or sending the fax form as an order to DLG.

After the order is sent, DLG examines it. Following a positive examination the Subscriber receives confirmation of the order by email to the email address supplied by the Subscriber. The contract of use between the Subscriber and DLG enters into effect with the confirmation of order.

By registering to use the AfI-website, the Subscriber accepts the valid Conditions of Use. The Conditions of Use become a constituent part of the contract of use.

5. Subject of the contract

The contents made accessible to the Subscriber within the framework of the contract of use are currently essentially:

Country reports:Trend reports:Graphs:
  • business climate
  • Readiness to invest and investment sectors
  • Trends in technology and management
  • Comparative country analyses (in relation to the investment environment, technology trends...)
  • Survey results in all thematic areas
  • HTML text
  • PDF for downloading
  • HTML text
  • PDF for downloading
  • As file for downloading
  • HTML texts as short versions for accessing from mobile terminals
  • PDF for “stationary” access and archiving by the customer
  • Customers may use results and graphics for their own presentations, documents and other working papers provided they refer to the AfI source and to the copyright of DLG.

Statements and explanations regarding the AfI-website are to be understood solely as descriptions and not as an assurance and/or guarantee on the part of DLG. DLG assumes no guarantee for the accuracy of the contents of the AfI-website.

DLG makes efforts to adapt the AfI-website continuously to the current requirements. The right to make modifications and adjustments to the AfI-website is therefore reserved.

Subscribers who are not DLG Members on entering into the contract of use additionally acquire DLG membership on concluding the contract of use. The annual membership fee for Subscriber membership is stated in the payment set out under Section 8, Paragraph 1. The Subscriber is entitled to object to membership at DLG e.V. at any time. The objection is to be addressed to: DLG e.V., Eschborner Landstrasse 122, 6048 Frankfurt am Main, AfI@dlg.org, Fax: +49 69 247 88 114.

For Subscribers who are already DLG members at the time of entering into the contract of use, the annual membership fee for Subscriber membership of DLG shall not be due on confirmation of use of the AfI-website. This is set out under Section 8, Paragraph 1, detailing the fee.

The provisions for membership of DLG can be called up under www.dlg.org/mitgliedschaft.

6. Subscriber’s duties of cooperation

The Subscriber is obliged to draw the attention of the users within his company to the above conditions and to obligate them in writing to observe the conditions.

The Subscriber and the Subscriber’s users are called upon to subject the contents of the AfI-website to a plausibility check before using them.

The Subscribers themselves shall ensure the necessary access to the internet.

A current version of an internet browser and a current operating system of the terminal calling up the website are necessary to use the AfI-website.

In order to allow access, the internet browser must accept cookies.

7. Access to the platform

The Subscriber will receive access data to the AfI-website from DLG. The Subscriber can grant access to the AfI-website to other users within his company (or within a legal entity).

Notification of the access data for the login will be sent by email only. Subscribers are not allowed to grant access to third parties outside their company (or legal entity).

Registration is to be made via the Subscriber’s membership number and with the password allocated to the Subscriber.

The Subscriber is obliged to keep the access data and passwords secret from unauthorised parties, to store them carefully and protect them against unauthorised access, misuse and loss.

Users who receive access to the AfI-website from the Subscriber must be notified by the Subscriber in writing of the obligation to maintain secrecy about the access data.

DLG reserves the right to refuse access to the AfI-website or withdraw access if there are indications that due to the technologies used by the Subscriber or the Subscriber’s users the functionality or safety of the AfI-website is restricted or DLG’s possibilities of checking access authorisation to the website and reliability of use are limited, or if the Subscriber does not meet his payment obligation in accordance with Section 8 of these Conditions.

Access will be released directly after receipt of payment in accordance with Section 9 of these Conditions of Use.

8. Payment, conditions of payment

The Subscriber shall pay an annual sum of EUR 1,900.00 plus the relevant statutory value added tax (VAT) for the use of the AfI-website. The payment for use of the AfI-website is payable in advance for the period of use. The duration of the period of use is the calendar year – 12 months starting on 1 January each year.

If a contract is entered into within the course of a year, payment is to be made for the complete, current period of use, i.e. for the calendar year.

The invoices for the payment for use become due 14 days after receipt by the Subscriber, without any deductions.

9. Industrial property rights

The Subscriber/user recognises/acknowledges that the AfI-website is a database in the meaning of §§ 4 Section 2, 87 a Paragraph 1 of the Copyright Act. All contents are subject to protection in accordance with § 2 Copyright Act. The rights of third parties to the protected works remain unaffected. All content published is protected by copyright.

Brands, company logos, other marks or features serving for the purpose of identification on and in the contents of the AfI-website may not be removed or modified, neither in electronic form nor in printouts.

Contents of the AfI-website are to be marked as such accordingly when they are used.

10. Rights of use

In accordance with these Conditions and subject to the condition of payment of the sum owed and due in accordance with Section 8 of these Conditions, the participant is granted the simple, non-exclusive, non-transferable right limited to the duration of the contract of use to use the contents of the AfI-website.

The right of use entitles the holder to conduct research on the platform, to call up documents for reading access, to download and store documents on the Subscriber’s terminal, for use in the Subscriber’s own presentations or documents, and to print out the document. Duplications over and above this or other use or exploitation of contents of the AfI-website are only admissible by prior written consent of DLG.

In view of the topicality connections, the right of use is limited to a period of 12 months after delivery.

The systematic, automated call-up of AfI-website contents, the production of systematic collections of contents called up, the systematic passing on of contents or systematic making them accessible to third parties and use of the AfI-website for the purposes of commercial dissemination of information are inadmissible.

Downloaded contents may only be used for the duration of the right to use the AfI-website. After this they are to be deleted. DLG refrains from requiring return. Downloaded contents may be archived for a period of 12 months after first being called up by the Subscriber/user.

On request, the Subscriber is obliged to notify DLG about the nature and extent of use if there are justified indications that use contrary to the contract is occurring.

11. Claims due to defects

DLG will eliminate any technical defects on the AfI-website within a reasonable period. However, DLG’s responsibility on this point does not extend to the Subscriber’s systems or the Subscriber’s data transmission lines.

It is up to the Subscriber to report any defects, disturbances or damage promptly.

12. Liability

DLG excludes all and any contractual and tortious or other statutory liability in connection with the use of the AfI-website, unless DLG, DLG’s legal representatives or agents act grossly negligently or wilfully. This limitation of liability shall furthermore not apply for injuries to life, health or body attributable to minor negligence or in the event of infringement even due to minor negligence of such obligations whose fulfilment is fundamental to the correct execution of the contract in the first place, infringement of which jeopardises achievement of the purpose of the contract and on the fulfilment of which the customer regularly relies and may rely (known us “cardinal obligations”).

13. Term of the contract of use

The contract governing the use of the AfI-website enters into force in legally binding manner in accordance with Section 4 of these Conditions with the Subscriber’s registration for use of the AfI-website and confirmation by DLG.

The contract of use is always entered into for the duration of a period of use (01.01.-31.12. of each year) – of 12 months. If the contract is entered into in the course of the ongoing period of use, the contract will first run up to 31.12. of that year.

The contract can be terminated by either side with a period of notice of three months up to the end of the respective year. If it is not terminated, the contract is extended automatically for a further period of 12 months.

This shall not affect the right of the parties to extraordinary termination.

On termination of the contract of use, DLG is entitled to block the access of the Subscriber completely.

14. Secrecy

The parties are obliged to treat their mutual obligations and the entire content of the agreement on use confidentially vis-à-vis third parties. Disclosure of the agreement in any way vis-à-vis third parties is only admissible on the basis of urgent statutory provisions or to safeguard interests of one or both parties that warrant protection. This obligation shall continue to apply after termination of the agreement between the parties.

The parties are obliged to maintain the respective valid provisions of data security.

15. Concluding provisions

Modifications, supplements and deviations from these Conditions of Use must be in text form in order to be valid.

The contract is subject solely to the law of Germany.

The place of fulfilment and jurisdiction is Frankfurt am Main. However, DLG reserves the right to pursue any claims before the court of the location in which the Subscriber to the AfI-website is based.

16. Escape Clause

If any individual provisions of these Conditions of Use or parts thereof are or become invalid, this shall not affect the validity of the remaining provisions and the agreement concluded involving these conditions altogether. In this case, the parties commit to agreeing other provisions in place of the invalid provisions that come as close as possible to the legal and economic content of the invalid provision