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1. These terms govern the use of the GARBE Connect platform (“the platform”), which is provided by GARBE Industrial Real Estate GmbH. The platform grants access to restricted sections (“investor sections”) where GARBE Industrial Real Estate GmbH or GARBE Logistic Fondsmanagement GmbH & Co. KG (either of them referred to as “the controlling company”) makes information about funds, assets, and relevant markets available to authorised users.
2. Accessing one or several investor sections requires access data, which are made available to authorised users by any of the controlling companies. No information is made available to investors via the platform itself.
3. Information in the investor sections are provided by the controlling companies as a service without being under any legal or contractual obligation to do so. Users have no right to get access to, or to the continued existence of, the platform, the investor sections or individual features thereof.
4. The participating companies strive to ensure an interference-free availability of platform and investor sections. To this end, it may become necessary to undertake maintenance work from time to time that renders these services temporarily unavailable. Moreover, the availability depends on the performance of technical service providers and the Internet infrastructure, none of which is subject to the control of the participating companies. The availability cannot be guaranteed therefore.
5. Design and contents of the platform and of the investor sections are protected by copyrights. They must not be altered or disseminated by users without prior authorisation.
6. Users are not permitted to pass the information disclosed in the investor sections on to any third party. Users must carefully guard the access data to their respective investor sections and protect them against third-party access.
7. Using the platform and investor sections is prohibited whenever such use is inclined to impair and/or unduly slow their operation. This includes in particular the use of scripts and automatic data reading.
8. The participating companies reserve the right to block users temporarily or permanently, particularly after severe or repeated violations of these terms of use. Further rights and claims remain unaffected.
9. The controlling companies are not liable for the timeliness, accuracy or completeness of the information provided via the platform and/or in the investor sections, except in cases of wilful or grossly negligent misrepresentation. Information made available to users via a given investor section of the platform is not meant to fulfil any investment law information requirements of the funds or their management company vis-à-vis the users (investors). The statutory information requirements under applicable investment law are met exclusively in the communication between the users (investors) and a given fund or its fund management company. In no case do we assume any liability for damages caused by the user’s own application of the information. Liability for simple negligence is limited to the amount of foreseeable damages that can typically be expected to occur. The limitations of liability apply, mutatis mutandis, to the legal representatives and employees of the participating companies. Statutory liability for injury to life, limb or health and under the German Product Liability Act (ProdHaftG) remains unaffected.
10. Insofar as the platform or investor sections contain forwarding references to information in third-party offers (e.g. via a link) or insofar as third-party information is recognisably reproduced, the participating companies assume no liability for such third-party contents.
11. This Agreement is subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement is Hamburg.