Terms and Conditions, Terms of Use

Terms and Conditions

Terms and Conditions Version: November 2014

§ 1 Terms and definitions
  1. Application. The online application available on the internet under the domain names "Busni.de" accessible to subscribers identified by username and password.
  2. Developer. The application has been developed and published by: Enbekon DataServices GmbH, Lilienthalstr. 3, 82178 Puchheim Germany, Registergericht: München, HRB 204798, Ust-IdNr: DE288900409
    The developer keeps all the rights on the Application.
  3. Public data & information sources. All data presented in the application are exclusively obtained from publicly accessible sources, the most frequently used sources of information being the German Company Register (www.unternehmensregister.de), the German Federal Gazette (www.bundesanzeiger.de) and Company Websites (mainly pages with imprint and/or contact data). The data gathered from the publicly accessible sources have neither been altered, nor have they been verified with regard to their completeness, accuracy or timeliness.
  4. Purpose. The Application enables the user to retrieve information gathered from public accessible sources and to search the compiled public data.
  5. Keywords. The Developer marks, extracts and indexes specific parts of the gathered data in order to provide better search possibilities. The extracted data items shall be considered as keywords only. The keywords aim at facilitating the search in the information and data obtained from publicly accessible sources and shall not be interpreted or used without consulting the original data from the original source of data.
  6. Users & Accounts. The Application can be used by subscribers only. Every subscriber has an account, which can have one or more users licensed to use the Application. At least one of the users must be administrator of the account. The administrator manages users and their limitations and is responsible for all users under the same account.
  7. Subscription period is the term in which all users from one account can access the Application against payment. The subscription contract shall be entered into for a fixed term, whereas the duration of the term depends on the selected subscription option. The minimum subscription period is six months.
  8. Database. The Application is based on the database that is composed of two sub-databases which are kept and maintained separately. Users Database is designated for the users and their accounts. Users are permitted to alter data stored in the Users Database. Public Database is designated for public data. Data stored in the Public Database cannot be modified by any user.
  9. Language. The application is made in German and most of the features are translated into English, but the original public documents are available in the language in which the data are stored in the official registry.
  10. Links. The application includes a feature that aims at visualizing links between companies. The displayed links are based on shared characteristics of the linked companies (e.g. identical address, identical management, web links) that have been identified from the publicly available data. The displayed links do not represent the legal and organizational structures among the companies. The feature is to be understood as search tool only, helping users to find companies that share some common keywords or features.
  11. Rankings. In order to provide users to search public records in efficient way, some keywords have been constructed in the form of ranking-numbers. These ranks are designed for statistical purpose only and do not demonstrate any evaluation of the company or its economic capabilities. Although all rankings are calculated by sophisticated mathematical algorithms, errors cannot be excluded.
§ 2 Scope of service
  1. The service rendered by the Developer consists of the grant of access to the Application. The Application provides the User with a means to search, to access and to export publicly accessible data, information and documents relating to businesses, enterprises and companies. The data, information and documents that are accessible via the Application are obtained exclusively from publicly accessible sources. The Developer compiles the data and information from public records, public registries or company websites (e.g. company publications, balances, financial statements, contact details), links the gathered data, makes them searchable and holds the data available for retrieval and export. The data presented in the Application have been taken over unaltered from the publicly accessible sources. The Developer does not verify any of the data with regard to their completeness, accuracy or timeliness.

  2. The Application allows searches for most of the data fields in the public records, including search by Keywords within the balances, other financial statements and other public documents.

  3. Most of the public documents presented in the Application are transferred from the public sources automatically. The Developer exercises reasonable care and diligence to compile, process and present the data made available via the Application. Despite reasonable care being exercised, errors cannot be excluded. Therefore, the Developer does not guarantee and is not responsible for the quality, the completeness, the accuracy or the timeliness of data presented in the Application.

  4. Each User can use the Application on one device only at the same time and is not allowed to use any software or electronic device that will access the data automatically.

  5. The Application is designed for use by natural persons only. The User is not permitted to deploy robots, crawlers or any other automated programs to access, retrieve, search or export the data. The default user limit is set up for 500 searches per day without any restriction. After exceeding this number of views, the User will still be able to access data but with few seconds delay time, for a period of the next 24 hours.

§ 3 User registration
  1. Registration in the Application is required for usage against payment, including all searches and data export. Registration is exclusively via the web address "Busni.de" and the following minimum information shall be provided to access the Application: 
    • Company name (Account) and the name of all users within an account (Users)
    • Head office address (for the Account billing)
    • Electronic postal address (of all Users)
    • Telephone number (of the administrator of the Account)
  2. The user will receive the access data (username and the initial password) electronically.
  3. By registering and accessing the Application the User accepts the application of these Terms of Use.
§ 4 Security / Data protection
  1. Failed registrations and all retrievals may be documented in order to recognize and prevent abusive access to the Application and for the basic functionality of the application. Retrievals may furthermore be documented insofar as this is required for invoicing and collection of charges.
  2. The data retrieved in this way may be utilized for the purposes of social network functionality, and other advanced search options.
  3. In order to increase transparency, by accepting these Terms of Use, the User agrees to share the data retrieved as well as information of searches with the other registered accounts which they searched, so that the latter can identify the company conducting the search and retrace the time of the search. 

The data retrieved is concerning the Account-level information only and not available for the personal searches at the User-level, and as such these records do not contain any personal information, but the company-to-company records only.

§ 5 Subscriptions, orders and invoicing
  1. Registration in accordance with § 3 is required for all users of the Application.
  2. With purchase of a license in online ordering and payment process, the user receives an invoice.
  3. The subscription contract shall be entered into for a fixed term. The minimum subscription period is six months.
  4. For the duration of the selected subscription period the right to ordinary termination is excluded for both parties. Either party's right to extraordinarily terminate the subscription contract for important reasons shall remain unaffected. The subscription will expire automatically at the end of the agreed licence period. No active cancellation is needed. Users will be reminded prior to expiration to activly prolong the subscription.
  5. The Subscription Period starts with acceptance of the order by the Developer and receipt of the access data by the User.
  6. Once the order is submitted and the credentials were provided, the can use the application in a limited version (trial, single user license, no data export). After receipt of payment, the full version is released.
  7. If the license fee cannot be paid through the payment gateway, the developer may temporarily lock the account and exclude the user from accessing the Application.
§ 6 Accessibility and data correction
  1. The Application is accessible only via the Internet on a Desktop computer or laptops with the resolutions 1.024 x 768 pixels or higher.
  2. The supported Internet browsers are two latest editions of Chrome (Google), Firefox (Mozilla), Internet Explorer (Microsoft) and Safari (Apple).
  3. The Developer will make appropriate efforts to ensure the accessibility of the Application. Maintenance and servicing work can lead to temporary restrictions in the accessibility of the service. The data are regularly updated on weekends and during that period some difficulties with access can appear. Access problems, especially due to maintenance or upgrades, shall as far as possible be announced with reasonable notice.
  4. The User bears the sole responsibility for the internet and telecommunications infrastructure used to access the Application as well as for the proper maintenance of the requisite soft- and hardware.
  5. The Developer is not responsible for technical problems (e.g. line disruptions, power cuts and other problems in relation with the internet and telecommunications infrastructure) or for other circumstances (e.g. war, strike, floods, restrictions imposed by the state) beyond the Developer's control.
  6. The Developer does not provide an option to correct the public data, as it is has to be corrected in the public source.
  7. The administrator of an Account can correct the contact and reference data of the Account. The correction of such data is enabled in the Application directly or by a written statement to the Developer.
§ 7 Liability
  1. Without prejudice to the following provisions in this Section 7 the Developer shall be liable without limitation for damages arising from intentional or grossly negligent breach of duty, for damages resulting from injury to life, body or health and for damages according to the German Product Liability Act (Produkthaftungsgesetz).
  2. In the event of slightly negligent breach of essential contractual duties (vertragswesentliche Pflichten) the Developer's liability shall be limited to the typical foreseeable damage. Essential contractual duties are such duties the fulfilment of which is indispensable for the proper performance of the contract and on whose observance the User may rely. Apart from that, any liability for slight negligence is excluded.
  3. The liability related provisions above shall apply also mutatis mutandis to legal representatives, employees and other vicarious agents and/or assistants of the Developer.
§ 8 Data export and unauthorized use of data, penalty clause
  1. The Application enables Users to export data.
  2. When exploiting the address data provided in the Application Users are obligated to comply with all applicable legal provisions, in particular those of data protection and competition law, on their own responsibility.
  3. Exported data is reserved for Users' own use. Unless otherwise agreed, only one use is permitted. Any other use or transfer to third parties constitutes improper use of data.
  4. For each case of abusive use by infringing the Terms of Use the User has to pay to the Developer a penalty in the amount of ten times the net price of the subscription fee. If the event of electronic abuse of data (unauthorized access to the data) by infringing the Terms of Use, the User has to pay to the Developer for every case of an electronic abuse of data a contractual penalty, the amount of which will be determined by the Developer at his sole discretion for each case of an infringement and which in case of a dispute can be revised by the competent court (in the amount up to € 100,000.00 – one hundred thousand euros). Developer's right to claim further damages remains unaffected.
§ 9 Public area
  1. The Public Area is the part of the Application that can be accessed without username credentials.
  2. All visitors accept these Terms of Use and the Privacy Statement and are allowed to use the application in accordance to these documents.
  3. Data found in the Public Area are free to use, but with the clearly marked source: "Busni.de".
  4. If data used is published electronically (on some other web sites) source mark must contain a hyperlink to the Application: https://www.busni.de/.
§ 10 Miscellaneous
  1. Modifications and amendments to these Terms of Use shall only be effective when provided in text form (pursuant to Section 126b German Civil Code (BGB)); this shall also apply for any abolition of this text form requirement. Oral subsidiary agreements do not exist.
  2. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision hereof, and any such invalid or un-enforceable provision shall be deemed to be severable.
  3. German law shall exclusively apply; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  4. If the Developer’s contract partner is a merchant, a legal person under public law or a fund under public law, the place of performance and jurisdiction shall be Munich, Germany, for both parties.