Version : 01.04.2022; V1.2
Welcome to the web service of the companies of 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, commissioned calculations, software development and training and staff development courses. Further information can be found in the General Terms and Conditions of Business of the CADFEM Group.
CADFEM consists of legally independent companies, the headquarters of which are located in various countries and each of which caters to customers based in that country. The www.cadfem.net web service follows that structure. The URL www.cadfem.net followed by “/country identifier” (e.g. www.cadfem.net/de, /at, /ch, etc.) provides access to web services operated independently by the individual companies of the CADFEM Group.
CADFEM Germany GmbH addresses interested parties from countries not covered specifically by the companies of CADFEM with the web service under the country identifier “www.cadfem.net/int“. This comprises general information about CADFEM. However, CADFEM does not offer products and services via this web service.
1. SCOPE OF APPLICATION
The Web Service offers Users
- freely accessible content;
- free online training courses, which are accessible after simple registration;
- the option to initiate and conclude contracts. The prerequisite for this is a registration for the CADFEM myAccount customer account (hereinafter referred to as “myAccount”).
A free contract regarding the use of myAccount is established between the User and the respective Provider on registration for myAccount. The General Terms and Conditions of the companies of the CADFEM Group, in particular Section D. 1, apply to this contract. This is referred to separately when registering for myAccount. Registration for myAccount is available only to business customers.
The Web Service is provided by the following Providers.
Provider of the content under the URL www.cadfem.net/int and the URL www.cadfem.net/de is CADFEM Germany GmbH, Am Schammacher Feld 37, 85567 Grafing bei München, Germany, T +49 (0)8092-7005-0, F +49 (0)8092-7005-77, email@example.com.
CADFEM Germany GmbH makes the following parts of the Web Service available to the legally independent companies of the CADFEM Group for use on their own responsibility:
Provider of the content under 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, firstname.lastname@example.org.
Provider of the content under 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, email@example.com.
Provider of the content under the URL www.cadfem.net/fr is CADFEM France SAS,148 Avenue Jean Jaurès, 69007 Lyon, France, T +33 (0)4-83 43 53 9, firstname.lastname@example.org.
Provider of the content under 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, email@example.com.
Provider of the content under 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, firstname.lastname@example.org.
Provider of the content under 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, email@example.com.
Provider of the content under the URL www.cadfem.net/sg is CADFEM SEA Pte. Ltd., 2 Venture Dr, #06-17 Vision Exchange, Singapore 608526, T: (65) 6572 8886, firstname.lastname@example.org.
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 exclusively at commercial Users (traders, freelancers and public institutions).
Certain parts of the Web Service are oriented towards Users in certain countries:
- The sub-site www.cadfem.net/de is intended for Users in Germany.
- The sub-site www.cadfem.net/at is intended for Users in Austria.
- The sub-site www.cadfem.net/ch is intended for Users in Switzerland and Liechtenstein.
- The sub-site www.cadfem.net/fr is intended for Users in France.
- The sub-site www.cadfem.net/gb is intended for Users in the United Kingdom.
- The sub-site www.cadfem.net/ie is intended for Users in Ireland.
- The sub-site www.cadfem.net/in is intended for Users in India.
- The sub-site www.cadfem.net/sg is intended for Users in Singapore.
- The sub-site www.cadfem.net/int is intended for Users in countries not mentioned 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 option in 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 through the Web Service are partly subject to national and international export control regulations. In addition to the national and international law applicable to the respective countries, the Providers also observe the law of the United States of America, insofar as they distribute products of manufacturers from that country.
CADFEM reserves the right not to enter into business relationships with Users who violate export control regulations. All offers provided with the Web Service are therefore non-binding.
In the course of registration for additional content and for myAccount, CADFEM carries out a check to determine whether a contractual relationship with the User violates export control regulations. If this is the 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. Fee based services 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 fee-based services. The following applies to the markets specified below:
- The fee-based services on www.cadfem.net/de are intended exclusively for persons who are demonstrably acting in the course of their commercial or independent professional activities within the meaning of the Pricing Ordinance (DE) or who use the goods or services offered in the context of their independent professional or commercial activities or in the context of their official activities.
- The fee-based services on www.cadfem.net/at are intended exclusively for persons who, within the meaning of the Pricing Act (AT), carry out a business that is part of the operation of their company.
- The fee-based services on www.cadfem.net/ch are intended exclusively for persons who, within the meaning of the Price Specification Ordinance (CH and LIE), pursue a purpose that is related to their commercial or professional activities (CH), or who are not consumers (LIE).
- The fee-based services on www.cadfem.net/fr are intended exclusively for natural or legal persons who, within the meaning of Directive 98/6/EC, conclude contracts for products and services for purposes related to their commercial or professional activities.
- The fee-based services on www.cadfem.net/gb are intended exclusively for natural or legal persons who are “traders” within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK), which means that they act for purposes related to the trade, business, craft or profession of those persons, regardless of whether they are acting personally or through another person acting in the name or on behalf of the trader.
- The fee-based services on www.cadfem.net/ie are intended exclusively for natural or legal persons who are traders within the meaning of the Consumer Protection Act 2007 (IR), that is, they act for purposes related to the trade, business or profession of those persons, or are persons acting on behalf of such persons.
- The fee-based services on www.cadfem.net/in are intended exclusively for natural or legal persons who, within the meaning of the Consumer Protection Act 2019 (IN), conclude contracts for products and services for purposes related to their commercial or professional activities.
- The fee-based services on www.cadfem.net/sg are intended exclusively for natural or legal persons who are not consumers within the meaning of the Consumer Protection (Fair Trading) Act (CPFTA) (SG), i.e. are persons who receive goods or services from a supplier exclusively in the course of business transactions.
6. INTELLECTUAL PROPERTY AND TRADEMARKS
The content of the Web Service is the intellectual property of the Providers, protected by copyright and trademark. 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 the content may not be removed. The prior consent of the Provider is required for any other use. In particular, 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 product name.
7. LIABILITY AND LIMITATION OF LIABILITY
Despite the greatest possible care, no guarantee can be provided regarding the availability, correctness or 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 that Web Service.
The respective Provider is only liable, on whatever legal grounds:
- insofar as it, its legal representatives or its vicarious agents are guilty of intent or gross negligence;
- in the event of culpable injury to life, limb or health;
- in the event of a culpable violation of material contractual obligations;
- in the event of defects that have been fraudulently concealed or the absence of which was guaranteed;
- if liability exists under the Product Liability Act for personal injury or property damage to objects in private use.
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 expect to rely.
In the event of a breach of material obligations as a result of minor negligence (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
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 is the registered office of the respective Provider. Providers are, however, also entitled to take action against the User at the User’s general place of jurisdiction.