§ 1 General regulations

(1) The company CannaClear UG, (Rüdigerstraße 2, 53179 Bonn) (hereinafter referred to as “CannaClear” or “the Company”) provides its services exclusively on the basis of these General Terms and Conditions. The general terms and conditions apply to all services of CannaClear.

(2) CannaClear does not accept any deviating terms and conditions of the customer unless the Company has expressly agreed to them in writing. Our General Terms and Conditions shall also apply if we provide our services without reservation despite being aware of conflicting or deviating terms and conditions of the customer. – CannaClear does not serve to consumers, CannaClear is a B2B (Branch to Branch) distributor only.

(3) CannaClear offers merchants within the meaning of the German Commercial Code and legal entities under public law the possibility to consult the CannaClear databases for a limited period of time within the framework of a service contract in accordance with our terms of use. The Company will offer special memberships as it fits, by the terms of the product descriptions.

(4) These terms and conditions of use contain conclusively the conditions valid between CannaClear and the user for the services offered by CannaClear within the scope of this service contract. Regulations deviating from these terms of use only apply if they are confirmed in writing by CannaClear. With the admission according to § 4 the user accepts these terms of use as authoritative.

(5) The user will be informed by CannaClear in writing, by fax or by e-mail of any changes to these terms of use. If the user does not object to such changes within six weeks of receipt of the notification, the changes shall be deemed agreed. The user will be informed separately of the right of objection and the legal consequences of silence in the event of a change to the terms of use.

§ 2 Services provided by CannaClear

(1) CannaClear operates digital databases as and not limited to information portals. The database contains information from public sources as well as information provided by customers. The information is, for example, information for certificates such as GMP, or information that is relevant for production or distribution.  

(a) Documents can be uploaded through an online shop and published in the database for a maximum of three years. The upload is subject to a fee. The service subject to a fee is the upload, the transfer of the document to the company. The company publishes the document if there are no indications of incorrectness.  

(b) Memberships can be acquired for a period of time (defined in each product description) in order to be able to consult the database (paragraph 1). The membership contains a profile of the buyer, which is visible for other members. During the Beta trial phase, those periods can be alternate from normal offers, as they are described in the description of each product.

(2) CannaClear is entitled to extend its services, to adapt them to technical progress and/or to make improvements. This applies in particular if the adjustment appears necessary in order to prevent misuse or if CannaClear is obliged to adjust the service due to legal regulations.

(3) If CannaClear makes additional services available without additional charge, the user has no claim to their performance. CannaClear is entitled to discontinue such services within a reasonable period of time, to change them or to offer them only against payment. In such a case CannaClear will inform the user in time.

§ 3 Conclusion of contract, term of contract, notice of termination

(1) The user has to name his/her company data, invoice data and a contact person in the membership application. The user assures that the information provided by him/her is correct and complete. S/He undertakes to inform the Provider immediately of any changes to the contact data provided and of any other data required for the execution of the contract.

(2) The contract is concluded by acceptance of the contract offer of the customer on the part of CannaClear. The acceptance is either expressly declared or is to be seen in the beginning of the execution of the service by CannaClear.

(3) Unless otherwise stated in the product description, the contract period of membership is 6 or 12 months and the period for ordinary termination is six weeks to the end of the contract period. Unless otherwise agreed, the contract shall be extended by the respective previous contract term in the absence of termination. 

(4) The right of both parties to extraordinary termination for good cause shall remain unaffected. An important reason for CannaClear exists in particular if the customer:

(a) violates the provisions of these terms of use and does not remove them even after setting a deadline;

(b) commits a tortious act, against CannaClear or against a competitor, or attempts to do so, e.g. fraud;

(c) is more than 6 weeks in arrears with the obligation to pay;
(d) continuous operational disruptions as a result of force majeure beyond CannaClears’s control, such as natural disasters, fire, or the collapse of pipeline networks through no fault of CannaClears’s own.

 

(5) Each termination requires the text form for its effectiveness.

(6) Unless otherwise agreed, the respective remuneration shall be invoiced annually in advance and shall be due immediately after invoicing without deduction, plus value-added tax (VAT/MwSt), at the respectively applicable tax rate. The user agrees to the storage of the accounting data for the purpose of proof and/or within the scope of the statutory storage obligations.

§ 4 Access to the database

(1) The prerequisite for the use of the database is the approval by CannaClear after the conclusion of the contract. The database is only available to merchants within the meaning of the German Commercial Code (HGB) and legal entities under public law. There is no public right to use the CannaClear database.

(2) CannaClear is entitled to withdraw a user’s membership or to block access to the database if there is sufficient suspicion that he has violated these terms of use. The user can avert these measures if he removes the suspicion by submitting suitable evidence at his own expense.

(3) All logins are individualized and may only be used by the respective authorized user. The user is obliged to keep login and password secret and to protect them from unauthorized access by third parties. The user is also responsible for keeping the employee logins secret and will instruct his employees accordingly. The user will inform CannaClear immediately in case of suspicion of abuse by a third party. As soon as A becomes aware of the unauthorized use, CannaClear will block the access of the unauthorized user. A reserves the right to change a user’s login and password; in such a case, A will immediately inform the user thereof.

(4) Members and recipients of the CannaClear newsletter must be older than 21 years of age.

§ 5 Terms of payment

(1) During the duration of the Beta Trial, the payment options will be brought online in stages. Until August 1, 2020, CannaClear makes no guarantee about payment options or availability of the same. The Company will also begin with credit card payments only and gradually add other options during the scope of the trial.

After August 1, 2020, users can generally make payment by direct debit, credit card or invoice. However, unless otherwise explicitly agreed, payments by the User shall be made by SEPA direct debit. Unless otherwise agreed, the user grants CannaClear a mandate for the SEPA basic direct debit scheme to collect all fees arising within the framework of the contractual relationship. The mandate also applies to new bank details provided by the user. CannaClear announces the corresponding direct debit to the user in time in advance (so-called pre-notification). This announcement shall be sent by e-mail to the payer at least one working day before the debit is made. The user must ensure that his account has sufficient funds in the agreed debit period. The user is obliged to reimburse CannaClear for any damages resulting from a possible refusal of payment by the account-holding institute.

(2) The user can change the payment method stored in his user account at any time.

(3) The obligation to pay shall commence immediately upon conclusion of the contract.

(4) The customer shall also be in default without a reminder if he does not pay within 14 days of receipt of an invoice.

(5) The obligation of the user to pay default interest does not exclude the assertion of further default damages by CannaClear.

(6) CannaClear provides one electronic invoice per e-mail. The customer hereby agrees to this. If the customer requests an invoice to be sent by post, the Provider may charge an appropriate fee per invoice.

(7) The temporary blocking of services does not affect the payment obligation of the user.

§ 6 Claims in case of defects

(1) CannaClear will rectify technical defects of the database system within a reasonable period of time. The responsibility of CannaClear only extends to the point of delivery of the systems operated by it to the Internet, but not to the systems of the users and data transmission lines beyond the point of delivery.

(2) It is the customer’s responsibility to report any defects, malfunctions or damage without delay.

§ 7 Liability

(1) CannaClear is liable, no matter for which legal reason, only according to the following regulations.

(2) CannaClear is liable for intent and gross negligence according to the legal regulations.

(3) CannaClear does not assume any liability for disturbances within the line network for which CannaClear is not responsible.

(4) CannaClear is only liable for the loss of data in accordance with the above paragraphs if such a loss could not have been avoided by appropriate data backup measures on the part of the user.

(5) In case of slight negligence CannaClear is only liable in case of violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place, and the observance of which the customer may regularly rely on (cardinal obligation). In these cases CannaClear is only liable in the amount of the foreseeable, contract-typical damage.

(6) In cases of slight negligence, liability for all other damage, in particular consequential damage, indirect damage or loss of profit, is excluded.

(7) The above limitations shall not apply in the event of injury to life, limb or health or in the event of liability under the Product Liability Act.

(8) The above limitations or exclusions of liability also apply to the liability of employees, other employees, representatives and vicarious agents of CannaClear.

§ 8 Data protection

CannaClear collects, processes and uses personal data of the users within the scope of the legal data protection regulations. Additional information can be found in the Privacy Policy of CannaClear.

§ 9 Copyrights, Assignment

CannaClear grants the customer a non-exclusive (simple) right of access to the provided certificates for the duration of the contract. The transfer, except with the consent of CannaClear by way of contract assumption, as well as the granting of sublicenses to third parties are not permitted. Further use after termination of the contract is not permitted. 

§ 10 Applicable law, place of jurisdiction

The law of the Federal Republic of Germany applies under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), place of jurisdiction for all legal disputes is Bonn, Germany. CannaClear is also entitled to sue at the general place of jurisdiction of the user.

§ 11 Miscellaneous

(1) All information and declarations of CannaClear will be sent electronically to the customer, at their registered place of business. CannaClear’s registered seat of business is Bonn, Germany.

(2) Should any provision of the contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision which most closely corresponds to the economic purpose of the invalid provision. The same shall apply in the event of a contractual gap.