Terms of use

 

Terms of use for Clever Ideas – the Auerswald ideas exchange
This online platform is operated by Auerswald GmbH & Co. KG, postal address Vor den Grashöfen 1, 38162 Cremlingen, Germany. The purpose of the online platform is the sharing of ideas for the enhancement of the Auerswald GmbH & Co. KG product range; it is aimed at specialist dealers, end customers and our partners' employees.

Within the scope of these terms of use and legal regulations, Auerswald GmbH & Co. KG enables users to use content made available via this platform while the platform is in service. Users wishing to upload content to the platform, comment postings or interact with platform content in any other way undertake to first expressly consent to these terms of use.

1. Registration and exclusion
1.1. By submitting an idea or by commenting or voting on an idea, users register on the Clever Ideas online platform, thereby becoming registered users. Only registered users receive updates on ideas. To register, a user must provide personal details (a user name or name and an e-mail address). Auerswald GmbH & Co. KG shall store, process and use these data in accordance with our data privacy regulations. Under no circumstances shall these data be shared with third parties. They shall be used solely for operating the platform. Users have no legal entitlement to registration or use of the online platform.

1.2. Registered users confirm that all data provided at registration are accurate and complete. Registration is also subject to the software manufacturer's "Terms of use and data privacy regulations" (equivalent to European data privacy legislation). Users may register only once and create a single profile. Registered users shall themselves bear all cost related to providing and posting their content.

1.3. Auerswald GmbH & Co. KG reserves the right to exclude registered users from further use of the online platform, either temporarily or permanently, particularly where users

  • attempt to manipulate the functionality of the platform;
  • have given false information during registration;
  • have breached the terms or use and/or legal regulations.

In such cases, access to the online platform shall be withdrawn.

1.4. Registered users are entitled to terminate their registration at any time and no reasons need to be given for this. Notice of termination shall be given via e-mail sent to clever.ideas@auerswald.de or via the account settings.

2. Online platform
2.1. Auerswald GmbH & Co. KG accepts no liability for either the proper functioning of the online platform or for any content uploaded to the platform. This disclaimer applies equally to the content of external websites that can be accessed from the online platform via links. The disclaimer does not apply in cases of wilful intent or gross negligence. Auerswald GmbH & Co. KG explicitly states that, irrespective of any ideas submitted, Auerswald may develop or receive information about innovations that are similar to or identical with the content.

2.2. Registered users undertake not to jeopardise the proper functioning of the online platform. Registered users are forbidden to disclose their personal password to third parties.

2.3. Registered users guarantee that no content posted by them infringes the rights of any third party. This applies in particular to all third party copyright, trademark and patent rights, as well as to ancillary copyrights and privacy rights.

2.4. Registered users undertake not to post any content of a purely commercial character. Furthermore, registered users undertake not to post any content that is in breach of legal regulations.

2.5. Auerswald GmbH & Co. KG is under no obligation to check the ideas and comments uploaded or posted by users. Auerswald GmbH & Co. KG reserves the right to remove any content posted by registered users, either fully or in parts, particularly where such content is in breach of items 2.3 and/or 2.4 above and where Auerswald GmbH & Co. KG has become aware of its unlawfulness. Furthermore, Auerswald GmbH & Co. KG reserves the right to change the wording of submitted ideas for reasons of clarity, and to combine similar ideas that have been submitted separately into a single idea.

2.6. Registered users hold Auerswald GmbH & Co. KG harmless from and against all claims (incl. loss, damage and expenses) made against Auerswald GmbH & Co. KG by third parties because of an infringement of their rights. This disclaimer also extends to any costs incurred in the context of legal representation for defence. Registered users are obliged to make available to Auerswald GmbH & Co. KG all information and documentation that would be helpful in legal representation for defence.

3. Principle of operation of the platform
3.1. Registered platform users can submit their own ideas and suggestions for product innovations and product enhancement.

3.2. Registered users can rate their own and other users' ideas. Every registered user has ten votes in each of the ideas forums. Up to three votes can be cast for an idea. When an idea is implemented or rejected, all votes cast for the idea are returned to the respective users.

3.3. Registered users can comment on their own and other users' ideas.

3.4. Following the voting stage, which may vary in length, Auerswald GmbH & Co. KG reviews registered users' ideas for technical and economic feasibility. During its review, Auerswald GmbH & Co. assigns one of a number of status options to the idea, indicating its potential implementation. These status options are visible online. To read more about how Clever Ideas works, please click here.

4. Rights of use
Registered users grant Auerswald GmbH & Co. KG a free, non-exclusive, irrevocable, transferable right of use that is not subject to any restrictions in time, space or content to the content posted. This right of use includes the right to process, adapt, reproduce and distribute the content via media for all media. Auerswald GmbH & Co. KG may, where appropriate, review the option of an agreement granting exclusive rights of use against payment (of up to EUR 2,000.00). This shall be set out in a separate agreement. Registered users hereby confirm that they consent to the publication of all posted content.

5. Prizes for ideas
Each year, an internal panel of judges at Auerswald GmbH & Co. KG selects and rewards the top three out of the top ten implemented ideas. The prizes are a COMpact 4000 for the winning idea; a COMfortel 2600 IP for the runner-up; and a COMfortel 1400 for third place. Please note that cash equivalent payments are not possible.

6. General provisions
6.1. Auerswald GmbH & Co. KG reserves the right to change these terms of use at any time regarding the registration and exclusion of users and the rights of use to posted content. Auerswald GmbH & Co. KG shall in such a case notify registered users of the new terms. The new terms shall be deemed accepted unless a registered user rejects the new version within two weeks of notification.

6.2. Should any of the provisions in these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.

6.3. All disputes arising from or in relation with use of the "Clever Ideas – the Auerswald ideas exchange" innovation portal shall be definitively settled by an arbitration tribunal in Braunschweig, applying German law and excluding conflicts of law and provisions from the United Nations Convention on Contracts for the International Sale of Goods. The arbitration tribunal shall consist of one arbiter, who must be a qualified judge. The rules of arbitration of the International Chamber of Commerce (in their 1998 version) shall apply.

Clever Ideas