Terms and conditions

1. Preliminary remark
   • 1.1 These terms and conditions apply to all digital databases, applications, information, sample contracts, explanations, and other online services (hereinafter referred to as online products) provided for a fee or free of charge, which are used exclusively by means of remote data transmission via the Internet. Billing is carried out by HTDI in accordance with the contract.
   • 1.2 For deliveries of goods (books, loose-leaf publications, supplementary deliveries, tables, brochures, CD-ROMs, and DVDs), the General Terms and Conditions for Deliveries of Goods apply.
   • 1.3 For deliveries of software, supplementary provisions apply (see appendix).
2. Conclusion of contract/access to online products
   
   • 2.1 The contract/subscription is concluded when the customer, after registering on an HTDI portal, selects an online product and receives confirmation of their online product selection from HTDI by email. Upon conclusion of the contract, the customer is granted a non-transferable and non-exclusive, time-limited right of use to the online products covered by the contract, which is limited to the use described in particular in clause 6. All rights of use not expressly listed remain with the individual publishers and companies of the HTDI team as owners of all copyrights and property rights.
   • 2.2 Upon expiry of the respective subscription period, the subscription shall be automatically renewed for the respective previous subscription period.
   • 2.3 The customer's access to the online products is password-protected via the Internet by means of remote data transmission. The customer is obliged to keep their access data and password secret and to protect them from misuse by third parties. The customer must immediately notify HTDI in the event of loss of access data, password or suspicion of misuse of this data. Furthermore, HTDI is entitled to block access to the online products in the event of misuse. The customer is liable for any misuse for which they are responsible.
   • 2.4 Within the online products, the customer has the option of accessing content, databases, etc. from third-party providers. To do so, they may be redirected to the servers of these named third-party providers. The third-party provider does not receive any data or information that could reveal the customer's identity, as the transfer is anonymous. If the customer incurs additional costs for the third-party provider's content (e.g. pay per document or similar), the customer will be notified of this in the third-party provider's offer. These additional usage fees are billed by us. These terms and conditions apply accordingly.
3. Terms of payment
   • 3.1 The invoice is due and payable immediately upon dispatch without deduction. In the case of direct debit, the subscription price will be debited from the customer's account.
   • 3.2 The prices invoiced are gross final prices (= net price plus applicable statutory value added tax).
   • 3.3 The respective prices of online products may be adjusted in line with the general rate of inflation in the case of ongoing subscriptions. Customers will be informed of any intended price adjustments.
   • 3.4 The customer is not entitled to withhold payments unless they have a legal right of retention.
4. Right of withdrawal
   • 4.1 The customer is no longer bound by their registration/order if they withdraw from it within a period of four weeks. The withdrawal does not require any justification, but must be declared in writing (e.g. by letter, fax, email) within four weeks. To meet the deadline, it is sufficient to send the revocation by e-mail to vorwerk.frank@yahoo.com or to send the revocation by letter (date of postmark) to HTDI in good time.
   • 4.2 In the event of revocation, any payments made will be refunded by HTDI.
5. Termination
   • 5.1 The contract for online products may be terminated at any time, provided that the subscription does not contain a specially agreed notice period. In the event of termination of a subscription with agreed notice periods, the customer may continue to access the online products until the end of the remaining contractual term.
   • 5.2 All terminations must be made in writing. Non-use of online products does not constitute termination. Unless notice of termination is received in good time, the existing subscription will be automatically renewed.
6. Copyright and rights of use
   • 6.1 All copyrights, rights of use and other property rights to the online products remain with the HTDI team.
   • 6.2 The customer acquires the right to access the online products from any computer that is suitable for this purpose. The duration of the right of use is determined by the agreement underlying the contractual relationship, is communicated to the customer at the start of the contract and ends at the latest upon expiry of the contractual relationship.
   • 6.3 The customer undertakes to use the online products only for their own purposes and not to allow third parties separate access to the online products, either free of charge or in return for payment. Access to the online products may only be used from one computer, but not simultaneously from two or more computers, regardless of whether by the same or different persons at the same time.
   • 6.4 In the case of a multiple licence agreement, the customer is entitled to access the online products from one or more computers with several persons at the same time at any time in accordance with the contractual agreement.
   • 6.5 The customer is prohibited from changing copyright notices, labels/trademarks and/or ownership information on the online products. Produkten zu verändern.
7. Warranty and liability
   • 7.1 The online products are regularly revised and updated with the expected care. Despite all due care and attention, when using the online products, it must always be borne in mind that changes in the legal situation or changes in case law may necessitate modifications to the online products.
   • 7.2 If the customer downloads content, applications, etc. from an online product and stores them at least temporarily, it is essential that the retrieved data is used promptly in its current version. The selection and use of online products is the sole responsibility of the customer.
   • 7.3 Liability for damage caused by the use of the online products on other software or on the customer's data carriers/data processing equipment shall only be assumed insofar as such damage is typical and foreseeable and the defect in the online products that caused the damage was caused intentionally or through gross negligence by a legal representative or vicarious agent. In the case of contracts with legal entities under public law, special funds under public law and merchants - in the latter case, however, only if the contract is part of their commercial business - liability for gross negligence on the part of vicarious agents is also excluded beyond the limitation of liability in the preceding sentence, unless it is the fault of executive vicarious agents or contractual main obligations have been breached. Statutory claims for the rectification of defects and subsequent delivery - but not for damages - remain unaffected by the above provision. Further claims by the customer, in particular for lost profits or consequential damages, are excluded.
   • 7.4 Links to other websites may be provided on this website, but these websites are only partially controlled by HTDI, and the HTDI team accepts no responsibility for the content of such websites and is not liable for any loss or damage that may arise to the customer in connection with the use of HTDI websites. HTDI only permits links whose content relates to helicopters and expressly distances itself from all other links whose content may violate legal prohibitions and may not be free of third-party rights. The customer waives any claim against HTDI based on the results of links to other websites or the use of such websites.
     HTDI does not review the offers or services of these providers and, unless expressly stated otherwise in a written agreement, does not provide any guarantees for such offers and accepts no liability for the actions, products, services or content of these providers.
     The HTDI team expressly emphasises that its freelancers and other persons involved in the HTDI team, including photographers, have no influence whatsoever on the design and content of any linked pages.
8. Unavailability
   • 8.1 The HTDI team endeavours to provide permanent access to the online products, i.e. 24 hours a day, 365 days a year. However, availability at all times is expressly not guaranteed. In particular, access may be temporarily restricted for technical reasons, such as necessary maintenance, repair and updating work.
9. Data protection, data processing, confidentiality of subscribers

   We appreciate your trust and take the utmost care to protect the personal information you provide (title, name, address, date of birth, email address, telephone number, fax number, bank details, credit card number). We will treat the data disclosed to us confidentially in accordance with the Federal Data Protection Act. Our employees are bound to data secrecy in accordance with § 5 BDSG. Your subscription data will be treated as strictly confidential and in compliance with the data protection principles of data avoidance and data economy (§ 3a BDSG).

   We use the personal data you provide only to process the contracts concluded between us, such as to deliver goods to the address you have provided.

   We also require data such as your bank details and credit card number to process payments.

   Any further use of your data for advertising purposes is not carried out by HTDI and requires your express consent in each individual case. Einzelfall Ihrer ausdrücklichen Einwilligung.

   • Note pursuant to Section 33 of the German Federal Data Protection Act (BDSG): Customer data is stored and processed in strict compliance with the German Federal Data Protection Act by HTDI, Rostocker Strasse 24, 40595 Düsseldorf, Germany, by neutral service providers commissioned by us and by affiliated companies. Customer data is stored in the form of names and addresses of residential or business locations.
10. Final provisions
    • 10.1 German law applies exclusively.
    • 10.1 The place of performance and jurisdiction is Düsseldorf.

Düsseldorf, April 2006

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