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1. Scope
1.1 These Terms and Conditions govern the CB-AT which is offered by GLOBALG.A.P. c/o FoodPLUS GmbH (“GLOBALG.A.P.”) and which serves as a platform to deposit and manage customer data via a registered account (“Ac-count”), allows GLOBALG.A.P. to monitor and maintain the integrity of its programs and standards, and view statuses and documenta-tion regarding the various GLOBALG.A.P. stand-ards and other programs.
1.2 GLOBALG.A.P. maintains online services and archives to manage the approval of certifi-cation/verification bodies, data collectors or any other customers (“Customer”) and to oper-ate the various GLOBALG.A.P. standards and other programs under its management (“Online Services”). The CB-AT is an integral part of these Online Services.
2. Registration and other obligations of Customer
2.1 Each Customer that is party to a License and Certification Agreement (“LCA”), a custom-ized License and Registration Agreement (“LRA”) or a Farm Assurance License Agree-ment (“FA-LA”) with GLOBALG.A.P. or plans to enter into such agreements will upon receipt of a respective invitation by GLOBALG.A.P. regis-ter for a new Account at the CB-AT Portal. Reg-istration requires the indication of an email ad-dress, a username and a password.
2.2 In case a Customer refuses (i) to create an Account despite receipt of a proper invita-tion by GLOBALG.A.P. or (ii) to provide data re-quested by GLOBALG.A.P. via the CB-AT prior to entering into a LCA, LRA or FA-LA, GLOB-ALG.A.P. will regularly refrain from entering into such agreements with the Customer.
2.3 In case a Customer terminates its exist-ing Account for whatever reason and is party to an existing LCA, LRA or FA-LA, GLOBALG.A.P. shall have an extraordinary right to terminate the respective LCA, LRA or FA-LA without prior notice. The same applies if Customer does not provide (or deletes) data requested by GLOB-ALG.A.P..
2.4 Customer ensures that any information it submits to GLOBALG.A.P. for registration, ap-proval or any other purpose via its Account is truthful. Customer also ensures to keep any such information up-to-date at any time. Cus-tomer shall inform the GLOBALG.A.P. Secretar-iat without delay about any alterations refer-ring to the recognition prerequisites.
2.5 With regard to the data to be provided via the CB-AT, GLOBALG.A.P. may ask Customer to provide associated documentation. Such documentation must be shared with GLOB-ALG.A.P. either directly via the CB-AT or via other platforms such as Microsoft Sharepoint. Sharing documentation via other platforms may require Customer's registration with the operator of such platform, e.g. Microsoft.
3. Grant of Logo License to GLOBALG.A.P.
Customer grants a worldwide and non-exclu-sive license to use its logo for promotional use of its approval status on the CB-AT and GLOB-ALG.A.P. Website (https://www.globalgap.org).
4. Availability
The CB-AT will be generally accessible for use 24 hours per day, 7 days per week and shall be available at least 95 percent of that time on a yearly average. Downtimes in regular mainte-nance windows, downtimes that are required for the purpose of emergency fixes and down-times that are based on unscheduled outages shall not be considered within the calculation of the actual availability. GLOBALG.A.P. reserves the right to shut down parts or the whole of the CB-AT without prior notice to resolve any tech-nical issues that may arise at any time.
5. Intellectual Property Rights
5.1 The CB-AT with all its functionalities shall remain the exclusive property of GLOB-ALG.A.P.. All intellectual property rights such as copyrights and trademark rights are exclusively and completely vested in GLOBALG.A.P.
5.2 The data (e.g. master data, qualification data) which are provided via the CB-AT are pro-prietary to the respective Customer.
6. Indemnification and Liability
6.1 Customer shall indemnify and hold harmless GLOBALG.A.P. against any direct or in-direct damage and costs (including defense costs) sustained or incurred by GLOBALG.A.P. arising out of any culpable violation of any of Customer’s obligations under these Terms and Conditions.
6.2 GLOBALG.A.P. shall be liable to the full extent of any damage in the event of intentional conduct (“Vorsatz”) or gross negligence (“grobe Fahrlässigkeit”) and in the event of culpable injury to life, body, and health and under the German Product Liability Act (“Produkthaftungsgesetz”). In the event of a slightly negligent breach of essential contractual obligations, i.e., principal obligations which enable the proper execution of the contract and upon which Customer therefore relies and may rely, GLOBALG.A.P. shall assume liability on the merits. In such case GLOBALG.A.P.’s liability shall be limited to damage which is typical for the agreement and which can be reasonably foreseen. Any further liability on GLOBALG.A.P.’s part shall be excluded. This limitation of liability shall apply also in favor of GLOBALG.A.P.’s statutory representatives, executives (“leitende Angestellte”), and vicarious agents (“Erfüllungsgehilfen”).text7. Term and Termination
7.1 These Terms and Conditions shall take effect on the date when Customer agrees to these Terms and Conditions and shall remain effective as long as the Customer maintains an Account.
7.2 Notwithstanding the provision in the paragraph above, either party is entitled to ter-minate the agreement for good cause.
8. Data Protection
8.1 Both parties shall comply with all appli-cable data protection regulations at all times, especially the European Data Protection Regu-lation 2016/678 (“GDPR”).
8.2 GLOBALG.A.P. processes the Customer’s personal data only for the performance of Online Services, for maintaining and evaluating the approval of the Customer and for control-ling the integrity of its services/standards on the legal basis of Art. 6(1) b) GDPR. Further in-formation on the processing of personal data by GLOBALG.A.P. can be found in GLOB-ALG.A.P.’s privacy policy under https://www.globalgap.org/uk_en/Privacy-Policy/.
9. Governing Law and Jurisdiction
9.1 These Terms and Conditions are exclu-sively governed by and construed in accordance with German law.
9.2 In the event of any disputes, the courts of Cologne, Germany, shall have exclusive juris-diction if Customer is a merchant, a legal person under public law or if Customer has no general venue in Germany.
10. Miscellaneous
10.1 These Terms and Conditions set out the entire agreement and understanding between the parties relating to the matters addressed herein and supersedes all other agreements, whether verbal or written, previously made be-tween the parties concerning such matters.
10.2 If any of the provisions of these Terms and Conditions are unenforceable or invalid for any reason whatsoever, such unenforceability or invalidity does not nullify the Terms and Con-ditions as a whole.
10.3 A waiver of any breach or default under these Terms and Conditions by either party shall not constitute a waiver of any other or subsequent breach or default. The failure by ei-ther party of these Terms and Conditions to en-force compliance with any term or condition of these Terms and Conditions shall not constitute a waiver of any such term or condition unless such term or condition is expressly waived in writing.ter text
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