Your use of the Cool Expert Serviceportal website ('website') and any products, software and services provided to you by Cool Expert on or from the website (collectively referred to as 'associated services' in this document) are subject to a legal agreement between you and Cool Expert. 'Cool Expert' means Cool Expert GmbH, headquartered in 35108 Allendorf / Eder, Besenacker 16.
Your legal agreement with Cool Expert consists of (1) the terms and conditions for the use of the website or associated services contained in this document and (2) the Cool Expert data privacy policy (collectively referred to as the 'terms').
The terms constitute a legally binding agreement between you and Cool Expert regarding the use of the website or associated services. It is important that you take the time to read them carefully.
Responsible for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in member states of the European Union and other provisions
related to data protection is:
Cool Expert GmbH, Besenacker 16, 35108 Allendorf, privacy@cool-expert.de, +49 6452 9290-0, cool-expert.de.
(see data privacy policy)
The terms apply to all visitors and users of the website and associated services.
Links:
Cool Expert website: https://cool-expert.de
Data privacy policy: https://maggie.cool-expert.de/front/index.php/privacy
In order to use the website or associated services, you must firstly agree to the terms. You may not use the website or associated services if you do not accept the terms.
You can accept the terms by simply clicking the appropriate button in the dialog box after login. You understand and agree that Cool Expert will treat your use of website and associated services as acceptance of the terms from that point onwards. Furhermore, you agree that without accepting these terms the full use of the website or associated services is not possible.
You should print out or save a local copy of the terms for your records. You will also receive an email containing these terms to the address provided on website or associated services.
In order to access the website or associated services, you need to have a Cool Expert user account. When creating your account, you must provide accurate and complete information. It is important that you keep your Cool Expert user account password secure and confidential.
You must promptly notify Cool Expert of any known breach of security or unauthorized use of your Cool Expert user account.
You agree that you are solely responsible for any activity that occurs on your Cool Expert user account (both to Cool Expert as well as towards others) and you indemnify Cool Expert from all claims by third parties.
Furthermore, you agree that the user accounts of the website or associated services are personal and access to user accounts may not be disclosed to or shared with third parties.
Cool Expert generally does not share user information with third parties and internally stores it only if necessary for the operation of the website or associated services. For further information on data privacy see the Cool Expert data privacy policy.
Links:
Data privacy policy: https://maggie.cool-expert.de/front/index.php/privacy
Cool Expert reserves the right to offer certain parts of the website or associated services only after subscribing to a paid service membership. This can also include currently free parts of the website or associated services.
In this case, you will be informed 15 days before the date of the amended service.
Cool Expert hereby grants you permission to access and use the website or associated services, subject to the following express conditions. You agree that your failure to adhere to any of these conditions shall constitute a breach of these terms on your part and you can be excluded from the use of the website or associated services.
you agree not to distribute any part of the website or associated services in any medium without Cool Experts's prior written authorisation;
you agree not to alter or modify any part of the website or associated services;
you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the website or associated services;
you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the website or associated services in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard unmodified web browser;
you agree not to collect or harvest any personal data of any user of the website or associated services (and agree that this shall be deemed to include Cool Expert user account names);
you agree not to use the website or associated services (including the comments and email features) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
you agree that accessing site data requires the permission of the particular site operator / owner, if you are not the operator / owner. This permission may be revoked by the operator / owner at any time.
By using the website or associated services, site-specific operational, status, consumption and event data ("monitoring data") from sites connected to the website and the associated services are stored and processed within the website and the associated services. All site-specific monitoring data remains the property of the respective site operator / owner. This also applies to all processed and generated data based on the site specific monitoring data and stored by the website or associated services.
By linking sites to the website or associated services, the site operator / owner grants Cool Expert a free right to process and store the monitoring data of their site(s) in website and associated services. Cool Expert guarantees that processed and stored data will only be made available to authorized parties within the website or associated services. In general, no monitoring data is passed on without the authorization of the site operator / owner. If there are regulations (for example, but not exclusively, for service, support and/or monitoring services) for individual or all installations between the site operator / owner and third parties, the permission of the site operator / owner to access the monitoring data of the respective site(s) to the extent necessary for the execution of the defined activities also applies to these third parties, until the permission is revoked, provided that these third parties have user accounts for the website and the associated services.
Site operators or owners have the right to have all stored and processed monitoring data of their site(s) deleted. After deletion, the sites are no longer associated with website and associated services and are no longer accessible via the website or associated services (including, but not limited to, alarming, connection monitoring, fault propagation).
You agree that the access to site data is subject to the consent of the respective site operator / owner unless you are the operator / owner of the site. This consent may be revoked at any time by the site operator / owner.
You agree that the storage of personal data of third parties in the user input fields of the website or associated services requires the express consent of the respective data subject. This consent can be revoked at any time by the person concerned. Personal data stored by users without consent in the website or associated services will be removed by Cool Expert without comment.
You agree that if you are not the operator / owner of the site, you will treat the monitoring data and personal data stored and processed in website and associated services confidentially and you will not pass this data without prior written authorization from the site operator / owner to third parties.
You agree that you will take appropriate measures within your organization to ensure the confidential treatment and prevention of misuse of the monitoring data and personal data stored and processed in the website or associated services.
The terms will continue to apply until terminated by either you or Cool Expert as set out below. If you want to terminate your legal agreement with Cool Expert, you may do so by
notifying Cool Expert at any time or
deleting your Cool Expert user account.
Any remaining time of paid service subscriptions lapse when the user account is closed and can not be returned to the user.
Cool Expert may at any time terminate its legal agreement with you if:
you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
Cool Expert is required to do so by law
Furthermore, Cool Expert may terminate its legal agreement with you after the expiry of any paid subscription service agreements, as long as the website and associated services (or parts of it) are no longer offered.
Free subscriptions can be terminated by Cool Expert with a notice period of 15 days.
Nothing in the terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
The website or associated services are provided 'as is' and Cool Expert makes no warranty or representation to you with respect to them.
In particular Cool Expert does not represent or warrant to you that:
your use of the website or associated services will meet your requirements,
your use of the website or associated services will be uninterrupted, timely, secure or free from error,
any information obtained by you as a result of your use of the website or associated services will be accurate or reliable, and
that defects in the operation or functionality of any software provided to you as part of the website or associated services will be corrected.
Nothing in these terms shall exclude or limit Cool Experts's liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the overall provision in the paragraph above, Cool Expert shall not be liable to you for:
any indirect or consequential losses which may be incurred by you. This shall include:
any loss of profit (whether incurred directly or indirectly);
any loss of goodwill or business reputation;
any loss of data suffered by you;
any loss or damage which may be incurred by you as a result of:
any changes which Cool Expert may make to the website or associated services, or for any permanent or temporary cessation in the provision of the website or associated services (or any features within the website or associated services);
deletion of, corruption of, or failure to store, any data maintained or transmitted by or through your use of the website or associated services, this also applies to all data transmitted by automated mechanisms (e.g. installation components);
your failure to provide Cool Expert with accurate account information;
your failure to keep your password or Cool Expert account details secure and confidential.
The limitations on Cool Experts's liability to you in this paragraph shall apply whether or not Cool Expert has been advised of or should have been aware of the possibility of any such losses arising.
The terms constitute the whole legal agreement between you and Cool Expert and govern your use of the website or associated services and completely replace any prior agreements between you and Cool Expert in relation to the website or associated services.
You agree that if Cool Expert does not exercise or enforce any legal right or remedy which is contained in the terms (or which Cool Expert has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cool Experts's rights and that those rights or remedies will still be available to Cool Expert.
If any provision is or becomes invalid, this provision shall be excluded without affecting the validity of the remaining provisions. The remaining provisions remain effective and applicable in this case.