Terms of use by OneStone Consulting

Version April 2019

Any use of this web site provided by OneStone Consulting “OneStone website”, is subject to these Terms of Use. With log-in, or where a log-in is not required, in accessing or using the OneStone website these Terms of Use are accepted in their then current version.

In using this website, you agree to these “Terms of Use” (including our “Privacy Policy”). If you do not accept any of them, you should exit this website now.

This OneStone website contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading. OneStone may stop the operation of the OneStone website in full or in part at any time. Due to the nature of the internet and computer systems, OneStone cannot accept any liability for the continuous availability of this website.

Some pages of the OneStone website may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. OneStone reserves the right to deny registration to any User. OneStone particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. OneStone 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 OneStone Web Site; or
– did not use the OneStone Web Site for a longer period.

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 OneStone, is current at all times and an address at which the User can be contacted.

Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

Any further liability of OneStone is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

Although OneStone makes every endeavor to keep the OneStone website free from viruses, OneStone cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. Any supplementary agreement requires the written form.

These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. The place of jurisdiction shall be Frankfurt if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

All disputes arising out of or in connection with this website or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. The arbitral tribunal shall be comprised of a sole arbitrator. The seat of the arbitration is Frankfurt. The language of the arbitration shall be German.