General Terms & Conditions
General Terms & Conditions (GTC)
PreconditionBy registration on the website scan.coop each user and each member agrees to the following General Terms and Conditions (GTC). The site scan.coop is brought to you by HANSE- AEROSPACE Wirtschaftsdienst GmbH, Holzmuehlenstr. 84, 22041 Hamburg, Germany, Fon: +49 (0)40-600885740, Fax: +49(0)-40-600885750, e-mail: firstname.lastname@example.org (HANSE-AEROSPACE). The SCAN site is a universal, independent collaboration platform for the entire aviation and aerospace industry offering the possibility to liaise between members and other users to find potential new business partners (SCAN). While Members and Registered Users are both eligible to use all search features of SCAN, Members have the additional benefit to view the contact information and presenting themselves with a Premium Profiles on SCAN subject to an annual fee. The GTC govern the contractual relationship between HANSE-AEROSPACE and Members and Registered Users. SCAN is exclusively available to companies pursuant to Sec. 14 BGB (German Civil Code). Consumers according to Sec. 13 BGB are not authorized to register for SCAN.
All contracts about using the services of SCAN will be concluded with HANSE-AEROSPACE. Following the registration as a Member or as a Registered User HANSE-AEROSPACE saves all contractual information. Only the currently applicable version of the GTC can be found and downloaded on the SCAN website at any time. Prior submitting the registration as a Member or Registered User all details specified will be displayed in order to be verified and may be corrected as needed. Key details of the data entered for the registration can be found and verified once more in an electronic confirmation after submission of the registration details (automatically sent e-mail confirming the receipt of the application for registration). With this confirmation e-mail you will receive a temporary access to your new profile while your application is pending. HANSE- AEROSPACE will confirm your application to become a Member / Registered User by an additional e-mail within 2-4 working days. Only with such additional confirmation by e-mail a contract with HANSE-AEROSPACE is concluded. The GTC and contract language is English only.
1. SCAN servicesSCAN delivers new exciting opportunities worldwide. SCAN is providing its Members with:
- Quick access to all certified companies that suit their needs
- Opportunities to launch a request for Information
2. Membership2.1 Companies in the aviation and aerospace industry are eligible to apply for Membership which entitles to full access to all profiles and the opportunity to present the company with full features in their Profiles.
- Members have unlimited access to the entire SCAN database
- Member's listings on SCAN are promoted and ranked higher and are enhanced by the Member’s logo
- Members have the ability to present the whole portfolio of their company incl. extensive promotional information
3. Membership Fee and Payment Terms3.1 HANSE-AEROSPACE will charge for the Membership including the Profile an annual net fee of EUR 600.00. This fee does not include any value added tax.
3.2 Payment is due seven (7) days after receipt of invoice. All invoices will be sent via e-mail. Receipt of invoice will be assumed at the date the invoice was sent via email. Upon request the invoice will be sent additionally via mail.
3.3 Fees accrue at the beginning of each year of Membership. If the Member fails to pay the due fee, HANSE-AEROSPACE terminates the Membership. In case a Profile has already been created HANSE-AEROSPACE will delete it. Moreover, HANSE-AEROSPACE is entitled to all damages suffered due to the delay including but not limited to late payment interests in the amount of eight (8) percentage points above base rate and liquidated damages in the amount of EUR 40.00 according to Sec. 288 (5) BGB.
3.4. The Member is not entitled to set off any claims it may have against HANSE-AEROSPACE or to retain payments due to such claims except where these claims are undisputed, ready for decision or legally binding.
4. General obligations of Members4.1 The Member is responsible for the maintenance and updates to his Profile and for all of its information and content. This includes full company details in compliance with the applicable law on obligatory legal details on a website. The Member is obliged to provide only truthful information and shall not infringe third parties’ rights. The Member shall comply with all applicable laws. This applies in particular but not limited to the law against unfair competition, copyright, trademark law, patent law, utility model law and design law.
4.2 The Member grants HANSE-AEROSPACE a basic right of use of the information and all content provided by the Member for the duration of the contractual relationship for the operation of SCAN, for advertisement purposes for SCAN, and for making such content available to visitors of SCAN, Registered Users and other Members.
5. Responsibility for the content of the ProfileSCAN presents the data and/or information provided by Members to the extent that such data and / or information do not violate any laws or the GTC. HANSE-AEROSPACE is entitled to remove any illegal or inaccurate content without prior warning. If HANSE-AEROSPACE becomes aware of any content which gives reasonable doubt of the lawfulness or correctness of the content (e.g. by notification of a third party) HANSE-AEROSPACE is entitled to remove such content without prior warning.
6. Registered UserTo become as a Registered User is free of charge. A Registered User is entitled to access to all SCAN company listings of worldwide aviation companies. Registered Users may access all listings of Members and their Profiles, except contact information. Registered Users do not have the opportunity to administer any profile on SCAN.
7. Accessibility of SCANAll Members and Registered Users are advised that 100% accessibility of SCAN cannot be guaranteed. Maintenance and service work as well as circumstances that are outside of HANSE- AEROSPACE's control (i.e. but not limited to disturbances on the telecommunications network or electrical power outages) could lead to temporary inaccessibility of the platform.
8. Business relations between Members, Registered UsersIf Members and Registered Users of SCAN enter into business relations and/or conclude any contracts with each other, HANSE-AEROSPACE is not involved as a party to any such business relationships and/or contracts.
9. Amendments9.1 HANSE-AEROSPACE reserves the right to modify the services offered on SCAN or to offer services different from those offered at the time of the Member’s / Registered User’s registration at any time unless the modifications are unreasonable.
9.2 These GTC can be changed by the HANSE-AEROSPACE at any time. All Members and Registered Users will be informed of any such changes at least one month before they come into effect. In the event of changes, each Member and each Registered User has the right to terminate the contract with immediate effect by written notice sent by e-mail to HANSE-AEROSPACE until the changes come into effect. The GTC apply as stipulated in the modified version if the Member / Registered User does not terminate the contract after being informed.
10. Duration of Contract, Termination10.1 The contract between the Member / Registered User and HANSE-AEROSPACE enters into force upon receipt of HANSE-AEROSPACE ́s confirmation as set out in the Preconditions of these GTC.
10.2 The contract with Registered Users runs for an indefinite period and can be terminated by the Registered User at any time by deleting its registration.
10.3 The contract with Members runs for an initial period of 12 months. It will be automatically extended by further 12 months each time if not terminated by e-mail one month prior to the expiry of the contract period.
10.4 Termination of the contract for good cause remains unaffected. Good cause shall be deemed to exist, in particular but not limited to, if the Member / Registered User intentionally or grossly negligent uploads false information or publishes illegal contents on SCAN. Furthermore, the Member / Registered User may terminate the contract with immediate effect in case of a change of the GTC as set out in clause 9.2.
11. Data ProtectionThe Member is aware that any information or content that it provides on the Premium Profile is visible to and retrievable by all other Members and Registered Users (except contact information). Furthermore the HANSE- AEROSPACE collects and processes personal information only as far as it is necessary for the reasons and development of the contractual relationship, for the operation of services and for invoicing purposes. The legal terms of the data privacy laws are observed.
12. Liability12.1 HANSE-AEROSPACE is liable only for any default, i.e. default in providing proper access to SCAN, only for intent and gross negligence and for the breach of material contractual obligations, that go to the root of the contract and on which the Member / Registered User regularly relies (cardinal obligations). In the event of slight negligence HANSE-AEROSPACE’s liability is limited to foreseeable damages typical to the contract.
12.2 HANSE-AEROSPACE is especially not liable for damages due to force majeure (i.e. acts of God, industrial action, electrical power outage, failure of public communication network lines). The aforementioned limitations and exclusions of liability shall not apply in case of fraudulent concealment and personal injury.
12.3 The Member, who signed up for SCAN is solely liable for the content of its Profile. If HANSE-AEROSPACE is hold liable for such content, the said Member shall reimburse and hold HANSE-AEROSPACE harmless from all damages and costs occurred in this regard. If HANSE- AEROSPACE has deleted content of the profile according to clause 6 it is not liable for the deletion of such content even if it later poofs to not be infringing / unlawful.
13. Applicable law, place of Jurisdiction13.1 The contractual relationship between HANSE-AEROSPACE and the Member / Registered User are subject to the laws of the Federal Republic of Germany. The applicability of any existing or future bilateral or international treaties, even if implemented into German law, shall be excluded.
13.2 The exclusive place of jurisdiction shall be Hamburg. However, HANSE-AEROSPACE reserves the right to sue any Member or Registered User at its respective place of general jurisdiction. Any statutory provisions regarding exclusive jurisdiction remain unaffected.