1.1 The following General Terms and Conditions (in the following “GTC”) are valid for the subscription contract between A3M Mobile Personal Protection GmbH, Hintere Grabenstrasse 30, 72070 Tuebingen, Germany and the User/ Subscriber who uses the Tsunami Alarm System run by A3M Mobile Personal Protection GmbH from the Internet domain www.tsunami-alarm-system.com or any other Internet domains to which A3M Mobile Personal Protection GmbH makes available the use of the Tsunami Alarm System.
1.2 With the activation of the Tsunami Alarm System and registration, the User accepts these General Terms and Conditions that become object of the contract for the duration of the contractual relationship in the version that is valid at that time.
1.3 The Tsunami Alarm System by A3M Mobile Personal Protection GmbH is valid exclusively. Deviating requirements of a contracting party are valid only if their validity was agreed upon explicitly.
1.4 These GTC are available as a download to the User on the respective Internet portals, from which the User takes up the services of A3M Mobile Personal Protection GmbH for the Tsunami Alarm System. The User confirms explicitly to have taken note of these conditions before his registration as User and also recognizes these as binding for the duration of the contractual relationship.
2. Contractual services
2.1 The Operator of the Tsunami Alarm System is A3M Mobile Personal Protection GmbH (“Operator” in the following).
2.2 The Operator collects information and data that is made available worldwide by independent institutions, seismic equipment and meteorological services and that can be relevant to a tsunami risk. The Operator analyses and evaluates this data with regard to a possible tsunami risk. Based on this data the Operator draws up a danger projection and sends this as a tsunami alarm to the user of the Tsunami Alarm System.
2.3 The Operator presents the User with a tsunami warning in text form on the Internet portals used by him/ her, with detailed information where appropriate. The User can retrieve this information at any time with a code and password protected login.
In addition, the Operator sends the tsunami warning to the mobile telephone of the User, provided that this telephone is used in a GSM network, as SMS, WAP, E-Mail or a comparable transmission form that can be received on this network.
In so far as the Operator describes the mode of operation of the system and the means of transfer on Internet portals used by them, it is a matter of general information, not, however, of contract-relevant claims.
2.4 As soon as a contractual relationship is established between Operator and User, the User is authorized to download the warnings of the Operator with the access data electronically transmitted to him/ her. The User in addition receives the warning messages provided by the Operator for dispersal in the GSM network on the condition that the User has sent his/ her mobile phone number in the form required by the Operator during his/ her registration, and that the User is logged on to a GSM network and equipped to receive messages.
2.5 The User further undertakes to pay the valid charges for usage published by the Operator for the contract period, by debit order. In the case of payment being referred back to the Operator, the Operator is authorized to exclude the User from further benefiting from the Tsunami Alarm System.
3. Completion of a contract
3.1 The Operator offers every interested User the possibility of entering into a contract to purchase the services listed under point 2 above. The order by the User occurs when he/ she fully completes the required user information on the Operator’s registration page and sends these in electronic format to the Operator. The processing of the order presupposes that the User has sent all data required in full.
3.2 The General Terms and Conditions are deemed concluded as soon as the Operator has electronically sent the User the access data necessary for a login. The transfer of code and pass words is regarded as acceptance of the request. At this moment, the services of the Operator are available to the User.
3.3 The General Terms and Conditions are entered into for the duration of a year. They are extended in each case for a further year if not cancelled by one of the parties within 6 weeks from the end of the contract period. The timeliness of the notice depends on the receiving of the notice message by the respective message recipients in hard-copy or in electronic format.
3.4 If the Operator for instance offers the termination of contract of use for a shorter period than a calendar year, by means of special or introductory actions, the contractual relationship extends after this period for a calendar year, if one of the parties has not cancelled the contract before the course of the first contract period has ended. The timeliness of the receiving of the notice recipients in hard-copy or in electronic format depends on the receiving of the notice message by the respective message recipients. For the subsequent contract period the arrangement under point 3.3 above is to be valid.
3.5 Both parties can quit the contractual relationship at any time if an important reason is present, if another party to the contract persistently infringes on duties that are essential to the contract. This includes for example the interruption of its services and the discontinuation of its Internet domain by the Operator, unless this is not the fault of the Operator. There is an essential infringement on side of the User if he/ she does not pay the fee for use or allows unauthorized use by a third party.
4. Fees / payment
4.1 As contract fees for the utilization, the fees for usage published by the Operator on his Internet domain on the date of the contract represents the user fee for the respective period.
4.2 The user fee is due upon the contract being entered into. Only after payment can the User utilise the services of the Operator.
4.3 Payment occurs exclusively by way of debit order by the Operator from a credit card account as indicated by the User during his registration, from an institution accepted by the Operator. The User explicitly allows the Operator the right to draw the fees due from the indicated account. On the debit advice/ credit card statement of the User the words TSUNAMI ALARM SYSTEM will appear.
4.4 If the deduction by the Operator is not honoured, the Operator is entitled to a retainer. The Operator is entitled to deny the access of the User to the alarm system and to quit the contractual relationship without prior notice.
5. Rights and duties of the User
5.1 During his/ her registration, the User is required to provide all necessary information truthfully and completely. He/ she is required in addition to update all changes of his/ her personal data, in particular those that guarantee his/ her accessibility for the purpose of conveying information, immediately and without having to be requested.
5.2 Only the specific User registered with the Operator is entitled to use the services of the Operator. The User is not authorized to facilitate this use for other persons. The User commits him/ herself to keep secret the password provided to him /her for the User account, which enables him /her to make use of the offered services and change his/ her personal data, and not to reveal this to third parties. In the case of loss of his access data, the User is required to inform the Operator immediately either in writing or in electronic format. The User will be sent new data with simultaneous cancellation of the old access data.
5.3 The User is authorized to retrieve information from all Internet portals used by the Operator for the tsunami warning system and to download from there all downloads made available by the Operator.
5.4 The User is authorized to receive warning messages from the Operator via the mobile phone number left by him/ her with the Operator.
6.1 The Operator endeavours to distribute the current information as quickly as possible and to provide the requested services. He makes use of services and distribution channels operated by third parties on whose uninterrupted availability he does not have any influence. Therefore, in the distribution management maintained by third parties, the Operator is unable to guarantee the lag-free conveyance of information and comission of services that are expressed in these General Terms and Conditions.
6.2 The Operator is not responsible for the correctness and completeness of information made available by third-party institutions, meteorological services and other transmitters of information.
6.3 The Operator is not responsible for a temporary or long-lasting interruption of the data transfer to mobile telephones or to other mobile end equipment of the Users, as far as this is not based on a stipulation, which the Operator also holds. In the same way, the Operator does not take over any guarantee for the continuous availability of services, as long as the utilization of a third transport provider is necessary for the comission of such services.
6.4 The Operator reserves the right temporarily to interrupt the access to his services for maintenance operations. This constitutes no critical breach of contract.
6.5 The Operator refers - for example through Hyperlinks - to other Internet pages on whose content and organization he does not have any control. These hyperlinks represent only the passing on of access to additional subject matter or products. The Operator is not responsible for form and content of these linked Internet pages. If the Operator receives information that Internet pages which he refers to contradict legal aspects, he will remove the corresponding hyperlink after assessment of the situation.
6.6 In order to use the services of the Operator, it is often necessary to enrol certain technical systems by third parties, such as end equipment (mobile telephones, PDAs and others), software programs, data buses, telecommunication and other services, through which possible further costs, in particular connection fees, arise for the User. The costs arising from these are to be borne by the User him/ herself. They are not contained in the Operator’s services as stipulated in this contract. The Operator does not provide such end equipment, software programs, data buses, telecommunication and other services and is not liable for their ability to function effectively.
6.7 Furthermore, the Operator is only liable, irrespective of the legal basis, for intentional and gross negligence. This is not valid for liability for damages from injury of life, body or health that are based on the Operator’s negligent breach of duty or a deliberate or negligent breach of duty of a legal representative or an agent of vicarious liability.
7. Data protection
7.1 Personal data is collected only when the User has communicated these him/ herself for the purpose of registration of personalized services, for the realisation of the contract or for the participation in a survey. In the case of consent given by the User, the Operator will use the registration data provided to him within the framework of the personalized services, for the purpose of advertising and market analysis, as well as for a tailor-made design of the services provided.
7.2 The User can visit the web pages of the Operator in principle without informing the Operator which user it is. The Operator finds out only the name of the Internet Service Providers, the web page from which the User accesses the Operator and the web pages that the User visits from the Operator’s page. This information is evaluated for statistical purposes. The User remains anonymous in this. In the case of the declared consent of the User, a User Profile will be established from information gathered from visits to the sites of the Operator and the information accessed, in order to be able to offer services tailored-made to the User in question. This data is transmitted in encoded form in order to prevent abuse of the data by third parties.
7.3 The consent of the User also includes the conveying of the User data sent under reservation of consent to partner associations of the Operator, provided that the conveying serves the advertising, market analysis and preparation of a User Profile. No further transfer of user data occurs to other third parties.
7.4 The User can at any time revoke his/ her consent to the described data use as explained above.
For any further questions about data protection, the Data Protection Officer of the Operator is accessible to the User. The User can find out there which information concerning him/ her is stored with the Operator. Accessibility is guaranteed through the postal address mentioned in the imprint of the Operator and E-Mail addresses.
8. Changes of the business conditions
8.1 The Operator reserves the right to change the General Terms and Conditions, which are the object of this contract.
8.2 If he Operator wants to change his General Terms and Conditions, he informs the contract partner of the proposed change under addition of the changed conditions, combined with a message that the changed conditions are available on the Internet page of the Operator for download. If the contract partner does not oppose the changed conditions routed to him/ her in this way, where an electronic conveyance suffices, within a period of time of 6 weeks since receipt of the communication, the changed General Terms and Conditions become object of this contract instead of the former terms.
8.3 If the contract partner opposes the new General Terms and Conditions within the specified period, the previous conditions remain valid. The Operator is however entitled to cancel the contractual relationship in this case at the end of the contract period and with non-adherence to the usual notice period.
9. Applicable law, place of jurisdiction, Salvatorian clause
9.1 All legal relationships between the Operator and the User are subject exclusively to the Law of the Seychelles. The agreement of the United Nations regarding the convention about the international product sales – CISG – is not applicable.
9.2 The parties agree on Tuebingen, Germany, as the sole place of jurisdiction for all disagreements between the parties.
9.3 If one of the legal clauses of these General Terms and Conditions is ineffective or should become ineffective, the remaining clauses remain unchanged by this. The ineffective clause is considered replaced by one that in a legally valid manner comes closest to the sense and purpose of the ineffective clause. The same is valid for possible omissions in regulations.
10. Withdrawal warning
10.1 The User/ contract partner can revoke his declaration of intent to enter into a user contract in writing (for example by letter, facsimile or E-Mail) within 2 weeks without reasons. The period of time begins at the earliest upon receipt of this warning. The dispatch in good time of the withdrawal suffices for the observation of the withdrawal period. The withdrawal is to be addressed to A3M Mobile Personal Protection GmbH, Hintere Grabenstrasse 30, D-72070 Tübingen, Germany or by E-Mail to email@example.com.
In the case of an effective withdrawal, the services rendered by both parties are to be refunded. If the services received can be refunded only in part or not completely or only in an impaired state, a satisfactory substitute of value is to be achieved. The Operator reimburses charges for usage that have already been paid. A sufficient substitute of value for the use of the services of the Operator up to the point of withdrawal can be seen in a proportional remuneration corresponding to the possibility to use the services of the Operator up to the point of withdrawal.
Status: December 2008