Current as of: March 1, 2021
Welcome to the Web Service for companies in the CADFEM Group (hereinafter referred to as “CADFEM”).
CADFEM is a leading provider of products and services relating to numerical simulation in product development. The business areas of CADFEM include specific simulation software, computer hardware and standard software, order calculations, software development, and training and further education offers. The General Terms and Conditions of the CADFEM Group contain more information about this.
CADFEM consists of legally independent companies, the headquarters of which are located in various countries and each cater to customers based in the same country. The Web Service www.cadfem.net follows this structure. The Web Services operated independently by the individual companies of the CADFEM Group can be found at the URL www.cadfem.net under “/countryID” (e.g. www.cadfem.net/de, /at, /ch, etc.).
Prospective customers from countries not covered by CADFEM companies are catered to by CADFEM GmbH through the Web Service under the country ID “www.cadfem.net/int”.
The TOU are updated continuously. The TOU apply to the use of the Web Service in the respective current version, even without the express consent of the User.
1. SCOPE OF APPLICATION
The Web Service offers the User
- Freely accessible content,
- Additional content that is only available free of charge following simple registration, and
- The possibility to initiate and conclude contracts following registration for the CADFEM customer account myAccount (hereinafter referred to as “myAccount”).
The following Sections 2 to 8 of these TOU apply to the use of the freely accessible parts of the Web Service.
In addition to the following Sections 2 to 8 of these TOU, Section 9 also applies to the simple registration to use additional free content. The first content accessible after registration is usually content that conveys technical knowledge. The registration involves a check that there are no concerns with regard to export control regulations associated with providing this expertise to the User. See also Section 4 of these TOU.
A free contract regarding the use of myAccount is established between the User and the respective Provider by registering for myAccount. The General Terms and Conditions of CADFEM apply to this contract. This is referred to separately as part of the registration for “myAccount”. A registration for myAccount is exclusively possible for business customers and students. Offers in return for payment are exclusively reserved for business customers. Students can exclusively use free further education offers.
The Web Service is provided by the following Providers.
The Provider of the content at the URL www.cadfem.net/int and the URL www.cadfem.net/de is CADFEM GmbH, Marktplatz 2, 85567 Grafing bei München, Germany, T +49 (0)8092-7005-0, F +49 (0)8092-7005-77, firstname.lastname@example.org.
CADFEM GmbH makes the following indicated parts of the Web Service available to the following indicated legally independent companies of the CADFEM Group for their own use:
The Provider of the content at the URL www.cadfem.net/at is CADFEM (Austria) GmbH, Wagenseilgasse 14, 1120 Vienna, Austria, T +43 (0)1-587 70 73, F +43 (0)1-587 70 73-19, email@example.com.
The Provider of the content at the URL www.cadfem.net/ch is CADFEM (Suisse) AG, Wittenwilerstrasse 25, 8355 Aadorf, Switzerland, T +41-(0)52-368 01-01, F +41-(0)52-368 01-09, firstname.lastname@example.org.
The Provider of the content at the URL www.cadfem.net/fr is CADFEM France SAS, 15 rue des Cuirassiers, 69008 Lyon, France, T +33 (0)4-83 43 53 9, email@example.com.
The Provider of the content at the URL www.cadfem.net/gb is CADFEM UK CAE Ltd, Airport House Business Centre, Purley Way, Croydon, Surrey, CR0 0XZ, UK, T: +44 (0)208 256 0630, firstname.lastname@example.org.
The Provider of the content at the URL www.cadfem.net/ie is CADFEM Ireland Ltd., UNIT G3, The Stockyard, The Steelworks, Foley Street, Dublin 1, D01 YW42, Ireland, T: +353 (0)16 522 730, email@example.com.
The Provider of the content at the URL www.cadfem.net/in is CADFEM India Private Limited, 6-3-902/A, 2nd Floor, Right Wing, Central Plaza, Raj Bhavan Road, Somajiguda, Hyderabad 500082, Telangana, India, T: +91 (40) 49481000, firstname.lastname@example.org.
The Provider of the content at the URL www.cadfem.net/sg is CADFEM SEA Pte. Ltd., 2 Venture Dr, #06-17 Vision Exchange, Singapore 608526, T: (65) 6572 8886, email@example.com.
The “Legal Notice” link at the bottom of all parts of the Web Service indicates the Provider of the content of the respective part of the Web Service.
a) Entrepreneurs and consumers
The Web Service is aimed predominantly at commercial users (traders, freelancers and public institutions). If the Web Service also contains offers aimed at consumers, these are predominantly free offers in the field of training and further education aimed at students. Individual free offers, especially digital events such as e.g. the “SIMULATION CONFERENCE” are, however, also aimed at other consumers, especially engineers who are not self-employed.
Certain parts of the Web Service are oriented towards Users in certain countries:
- The subpage www.cadfem.net/de is intended for Users in Germany.
- The subpage www.cadfem.net/at is intended for Users in Austria.
- The subpage www.cadfem.net/ch is intended for Users in Switzerland.
- The subpage www.cadfem.net/fr is intended for Users in France.
- The subpage www.cadfem.net/gb is intended for Users in the United Kingdom of Great Britain and Northern Ireland.
- The subpage www.cadfem.net/ie is intended for Users in Ireland.
- The subpage www.cadfem.net/in is intended for Users in India.
- The subpage www.cadfem.net/sg is intended for Users in Singapore.
- The subpage www.cadfem.net/int is intended for Users not in the countries stated above.
Users of the Web Service are given the option to be directed to the part of the Web Service corresponding to the location identifier of the IP address they are using. However, Users can also use the country selection of the Web Service to access the parts of the Web Service intended for other countries that can be viewed without registration.
4. EXPORT CONTROL REGULATIONS
The goods and services offered with the Web Service are partly subject to national and international export control regulations. In addition to the national and supranational law applicable to the respective countries, the Providers shall also observe the law of the United States of America, as they also sell products from manufacturers in that country.
CADFEM reserves the right not to enter into business relationships with Users who violate export control regulations. All offers submitted with the Web Service are therefore non-binding.
In the course of registration for the additional content and for myAccount, CADFEM carries out a check to determine whether a contractual relationship with the User violates export control regulations. In this case, the registration of the User is rejected. This and other measures taken in CADFEM’s Internal Compliance Program ensure that no services are rendered that violate export control regulations.
5. PRICE INFORMATION
This Web Service includes details of prices. These are net prices and therefore do not comply with the requirements that apply in certain countries to offers that are aimed at consumers. Offers in return for payment are thus exclusively intended for entrepreneurs and their utilization requires the User to register for myAccount, which involves verification of the entrepreneurial status of the User of the paid offers. The following applies to the markets stated below:
- The offers in return for payment on www.cadfem.net/de are exclusively aimed at persons for whom it is possible to verify that they are acting in the exercise of their commercial or self-employed professional activity within the meaning of the Price Indication Regulation (DE) or who use the goods or services offered within their self-employed professional or commercial activities or within an official capacity.
- The offers in return for payment on www.cadfem.net/at are aimed exclusively at persons who conduct a business that is part of the operation of their company within the meaning of the Price Labeling Act (AT).
- The offers in return for payment on www.cadfem.net/ch are aimed exclusively at persons who pursue a purpose that is connected with their commercial or professional activity within the meaning of the Price Indication Ordinance (CH).
- The offers in return for payment on www.cadfem.net/fr are aimed exclusively at natural or legal persons who, within the meaning of Directive 98/6/EC, conclude contracts concerning products and services for purposes connected with their commercial or professional activity.
- The paid offers on www.cadfem.net/gb are aimed exclusively at natural or legal persons who are “traders” within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK), i.e. a person who is acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
- The paid offers on www.cadfem.net/ie are aimed exclusively at natural or legal persons who are traders within the meaning of the Consumer Protection Act 2007 (IR), i.e. (a) a person who is acting for purposes related to the person’s trade, business or profession, and (b) a person acting on behalf of a person referred to in paragraph (a).
- The offers in return for payment on www.cadfem.net/in are aimed exclusively at natural or legal persons who, within the meaning of the Consumer Protection Act, 2019 (IN), conclude contracts concerning products and services for purposes connected with their commercial or professional activity.
- The paid offers on www.cadfem.net/sg are aimed exclusively at natural or legal persons who are not consumers within the meaning of the Consumer Protection (Fair Trading) Act (CPFTA) (SG), i.e. a person who exclusively obtains goods or services from a supplier within business transactions.
6. INTELLECTUAL PROPERTY AND TRADEMARKS
The content of the Web Service is the copyrighted and trademarked intellectual property of the Providers. Within the limits set by copyright, the content may be used for private and educational purposes. However, the content may not be changed and references to the copyright of this content may not be removed. The prior consent of the Provider is required for further use. In particular, the publication and commercial use of the content is not permitted without this consent.
All product names mentioned in the context of the Web Service are trademarks or registered trademarks of their respective owners. The absence of a corresponding marking is not an indication that a designation is a free trade name.
7. LIABILITY AND LIMITATION OF LIABILITY
The respective Provider, according to Section 2 of these TOU, is solely responsible for the content of the Web Service.
Despite the greatest possible care, no guarantee can be provided regarding the availability, correctness and accuracy of the information offered within the framework of the Web Service. The Provider is therefore not responsible for decisions that Users make solely on the basis of the content of this Web Service.
The respective Provider is only liable, for whatever legal reasons:
- If the Provider, the Provider’s legal representatives or agents are responsible due to intent or gross negligence,
- In the event of culpable injury to life, limb or health,
- In the event of a culpable violation of material obligations,
- In the event of defects that were fraudulently concealed or the absence of which was guaranteed, or
- If liability exists under the product liability law for personal injury or property damage to privately used objects.
The Providers are not liable for any further compensation claims.
Material obligations are obligations the fulfilment of which makes the proper execution of the contract possible in the first place and on the fulfilment of which contractual partners regularly rely and may regularly rely.
In the event of a slightly negligent violation of material obligations (excluding intent and gross negligence), the liability of the Providers is limited to reasonably foreseeable damages that are typical for such a contract.
8. FINAL PROVISIONS
All disputes arising from obligations to which these TOU apply are governed exclusively by the law of the Provider’s headquarters. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions of private international law is excluded.
If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the business relationship will be the headquarters of the respective Provider. Providers are, however, also entitled to take action against the User at the User’s general place of jurisdiction.
Should any provision of these TOU be or become void, the remaining provisions will remain in effect. The statutory provisions will apply in place of the invalid provisions.
The following conditions apply in addition to Sections 2 to 8 of these TOU for the registration for the use of certain free content provided as part of the Web Service.
9. REGISTRATION FOR FURTHER FREE CONTENT
The use of certain free content provided as part of the Web Service requires prior registration of the User.
b) Provider/contracting partner
Unless otherwise specified, the contractual partner of the User is the Provider in accordance with Section 2 of these TOU, who provides the content used by the User.
c) Obligations of the Provider
The Provider enables the User the opportunity to register to use the free content. The service of the Provider includes provision of the free content and the administration of the User data. Administration of the User data is carried out exclusively for the purpose of enabling the Provider to provide the free service. The Provider is free to determine the duration of the provision of the free content.
d) Obligations of the User
In the course of the registration, the User is obliged to provide only the User’s own, correct data. The Providers check that there are no concerns with regard to export control regulations associated with the provision of the content. Users are therefore obliged to provide truthful information within the scope of registration.
e) Registration process and error correction
The procedure for registration is as follows:
- Click on the Register link shown for the free content.
- Completion of the registration form.
- Submission of the form.
- The successful submission of the registration form is confirmed by the Provider online by a confirmation page that opens. The Provider also sends an email containing a confirmation link to the email address entered by the registering User.
- The User clicks on the confirmation link in the email sent by the Provider and thus confirms the User’s desire to register (double opt-in).
- An agreement on the free use of the content for which the User has registered is concluded only when the Provider confirms this in another email. This email will be sent immediately after the registration has been verified. Section 4 of the TOU (export control regulations) is referred to with regard to the content of the verification.
The Web Service enables the User to recognize and correct input errors before submitting the registration.
To cancel the registration, it is sufficient to close the browser window or open another page of the Web Service.The languages available for registration are German and English.
The use of the content is free of charge. However, the use of the content requires technical equipment for which the User incurs costs (IT, Internet connection, etc.).