ValueMail General Terms and Conditions
ValueMail is the free email direct marketing service provided by eCircle Ltd. Through this service you will receive product information related to areas of interest you have selected and others.
eCircle will store, process and use your personal data. You will find further information on data protection here.
1. Responsibility for content
- eCircle is not responsible for the content of messages or information distributed by other companies through ValueMail and does not give any warranty in this regard.
- ValueMail contains links to other internet sites. eCircle is not responsible for the availability of these external resources or their content, nor do we necessarily approve of their content. eCircle is not responsible for the content of advertising, products or other materials on these pages. Any matters concerning an external link should be directed to the relevant site operator or webmaster.
2. Legal matters
- You declare that you agree to respect all applicable local, national and (as applicable) international laws and guidelines and that you are solely responsible for all actions or omissions which occur in the name of your account and password. In the event of an infringement of the laws of the Federal Republic of Germany or of other states eCircle is entitled to pass information from mailing lists and newsletters to the responsible (if applicable, prosecuting) authorities.
- In accordance with §3 FernAbsG <<Section 3 of the Distance Selling Law>> the user has a right to cancel in addition to the general right to give notice. The user may cancel without the need to give reasons. The cooling off period for cancellation is two weeks from the date this participation agreement comes into effect. In order to comply with this cooling off period it is only necessary to send a statement of cancellation within the time limit, e.g. by email to our service .
However, the right of cancellation expires at the latest as soon as eCircle has started to perform the services with the agreement of the user before the end of the cooling off period or where the user has brought this about himself and otherwise at the latest four months after the agreement has been made.
- Both the user and eCircle may cancel the use of services provided by eCircle with immediate effect and without giving any grounds.
- eCircle will endeavour to make the website and access to the databases incorporated in the website fully available in terms of time as far as is technically feasible. However, for technical reasons eCircle is not obliged to ensure that the services are available at all times. In particular eCircle Ltd. reserves the right to notify the user of access times and to alter them at short notice or to limit access to specific services or to limit or modify the services in general.
- eCircle also reserves the right to alter the service temporarily or permanently or to cease operating it.
- eCircle is only liable in cases of wilful intent or gross negligence. This also applies to liability for default, initial inability and subsequent impossibility of performance. However, even in cases of slight negligence, eCircle is liable for infringement of contractual obligations which are essential for achieving the contractual purpose (cardinal obligations). Where eCircle is liable such liability is in all cases restricted to losses and damage which could have been foreseen by eCircle. No liability is accepted for consequential or indirect losses.
- In addition, with the exception of liability for the infringement of cardinal obligations, liability is limited for each and all claims arising from and in connection with the use of eCircle’s website to an amount of € 500.00 These limitations as to liability and exclusions shall not apply where eCircle is guilty of wilful intent or gross negligence.
6. Amendments to these General Terms and Conditions
- eCircle reserves the right to amend these conditions of use. This applies particularly where an amendment is required on the grounds of compulsory statutory regulations or where an extension to the services provided makes such an amendment necessary. The user will be notified of any amendments to these conditions of use in electronic form by email. They will be deemed to be approved unless the user raises an objection in writing or by email. eCircle will specifically mention this consequence when giving notice of amendments. The user must send his objection to eCircle within one month of receiving notice of the amendment.
7. Applicable law, jurisdiction, miscellaneous
- Only national (German) law shall apply in connection with the use of eCircle. [Munich] will be the place of jurisdiction insofar as such an agreement can be validly made.
- Only these conditions shall apply to the use of eCircle’s website and the services offered there. No other conditions shall form part of this contract even where such conditions are not explicitly contradicted.
- If individual provisions in these conditions of use are invalid or cannot be implemented this will not affect the validity of the remaining provisions. The provision which is invalid or which cannot be implemented will be replaced by a regulation which most closely resembles the commercial content of the provision which is invalid or which cannot be implemented.
If you have further questions or comments please contact us by email at our service form.