Terms of usage

Conditions of use

GTS Terms and Conditions for Use and Participation

I. Subject Matter of this Agreement

Section 1 Subject Matter of the Terms and Conditions for Use and Participation

(1) GTS Global Traceability Solutions GmbH (hereinafter referred to as "GTS") provides on https://radix-tree.org a platform for corporate communication adapted to the requirements of the timber industry (hereinafter the "Platform") and offers to the participating companies (hereinafter the "Participants") via the Platform, in particular, a solution for "tracking and tracing", i.e. for the traceability of products, product components and raw materials (hereinafter "Traceability Solution") as well as for conducting due diligence or risk management tasks. The provision of information for  conducting  traceability or due diligence tasks via the Platform, i.e. the entry of information by market participants along the supply chain, is done by the Participants registered with the Platform.

(2) From March 3, 2013, there will be a respective statutory requirement to guarantee traceability within the timber industry pursuant to Art. 5 of EU regulation 995/2010 regarding the obligations of operators who place timber and timber products on the market. Pursuant to this regulation, timber traders have to be able to identify suppliers and customers along the entire supply chain. The respective information has to be kept for at least five years and provided to the competent authorities if they so request.

(3) Participants are enabled to contact each other via the Platform and enter their company profiles into the Platform via an input mask. In addition, Participants may use the services within the respective service range available on the Platform against payment or free of charge. In the case of the fee-based activation of so-called "Business Relationships" with other companies, the Participants are able to exchange, access and input content. By using the Traceability Solution, which is also fee-based, the Participant can ensure complete traceability along the supply chain from the source to the consumer by entering specific product information. In addition, GTS may offer free of charge its own content or content from third parties and make such content available for access.

(4) These present Conditions for Use and Participation govern the provision and use of the Platform as well as the services offered via the Platform and, thus, the contractual relationship between GTS and the respective Participant.

II. Registration for Participation,
Handling of Login Data, Termination of Participation

Section 2 Eligibility for Registration

(1) Use of the services available on the Platform requires registration as a Participant. There is no right to participation. GTS is entitled to refuse applications for participation without stating reasons.

(2) The registration is only permitted if the Participant has full legal capacity. The registration for a legal entity has to be effected by a natural person who has full legal capacity and is authorised to represent such entity.

Section 3 Registration for the Platform

(1) GTS offers the Participants the choice between a basic access and a premium access. The registration for basic access is free for the Participants. For a monthly user fee, the premium access offers a significantly more extensive range of services to the Participants. The user fee currently payable for the premium access is displayed for the Participants in the course of the registration process. Participants may change from basic access to premium access at any time.
 
(2) The contact details and other information requested by GTS during the registration process have to be provided by the Participants completely and correctly. For the registration of a legal entity, the natural person authorised to represent also has to be stated.

(3) After entry of all requested information by the respective Participant, GTS will verify the information for completeness and plausibility. If the information is correct in the opinion of GTS and if there are no other concerns from GTS, GTS will activate the access applied for by the respective Participant and will notify the Participant hereof via email. This email is deemed to constitute acceptance of the application for participation. As of the receipt of the email, the Participant is entitled to use the Platform in compliance with these Conditions for Use and Participation. For this purpose, the Participant first has to confirm the activation by following the link contained in the email.

Section 4 Responsibility for Login Data

(1) In the course of the registration process, the Participant will be asked to enter a user name and password. With this data, the Participant can log into the Platform after the activation of the access and the confirmation of the Participant pursuant to Section 3 (3). The Participant is responsible for ensuring that the user name does not infringe any third party rights, in particular, rights to a name or trademark rights, and does not violate accepted principles of morality.

(2) The Login Data, including the password, have to be kept secret by the Participants and must not be made accessible to third parties.

(3) Further, the respective Participant is responsible for ensuring that the services provided on the Platform are only accessed and used by the Participant or authorised persons. GTS has to be informed immediately if unauthorised third parties have gained access to the Login Data.
The Respective Participant is liable for any use and/or other activities undertaken with his Login Data in accordance with applicable legal provisions.

Section 5 Updating Participants' Information

The respective Participant is obliged to keep his information up to date (including the contact details). If the information provided changes during the term of the participation, the Participant has to correct such information immediately on the platform in the personal settings.

Section 6 Termination of Participation

(1) The respective Participant may terminate the basic access to the Platform at any time by de-registering from the participation.

(2) For the premium access, a minimum contract term of twelve (12) months applies, starting with the receipt of the email pursuant to Section 4 (3) by the respective Participant. After the expiration of the minimum contract term, the agreement is automatically extended by another twelve (12) months, unless either party terminates the agreement with sixty (60) calendar days' notice before the end of the minimum contract term or the respective extension period.

(3) Upon the termination becoming effective, the contractual relationship and the right to use the Platform end. GTS reserves the right to disable the user name and password upon the termination becoming effective.

(4) GTS is entitled, with the expiry of 30 calendar days after the termination becoming effective and after expiry of the legal retention periods, to irrecoverably delete all data generated in the course of the participation.

III. Services and Content on the Platform

Section 7 Service Range Offered and Availability of Services

(1) GTS provides to the respective Participant on the Platform, depending on the access chosen by the Participant (free basic access or fee-based premium access), the time-limited use of different information services and other services. 

(2) Content and extent of services are determined by the respective contractual agreements, otherwise by the respective currently available functionality on the Platform. Depending on the chosen access, free or fee-based services are available to the Participants. Fee-based services will in each case be marked as such. 

(3) Among the services available on the Platform, there may also be services from third parties to which GTS only facilitates access. For the use of such services – each identified as third-party services – there may be additional and/or differing provisions from these Terms and Conditions for Use and Participation to which the Participant also has to agree prior to usage. 

(4) For the fee-based premium access, GTS guarantees for its sphere of responsibility an availability of 98.5% as monthly average. This calculation of availability does not include the regular maintenance periods of the Platform, i.e. every Sunday between 2 pm and 4 pm (CET).

(4) In addition, a right to use the services available on the Platform is limited to the technical and operational possibilities at GTS. GTS endeavours to provide to the extent possible an uninterrupted availability of its services. However, there may be temporary restrictions and disruptions due to technical disturbances (such as disruption of power supply, hardware and software errors, technical problems in the data lines).

Section 8 Changes to Services

GTS is entitled at any time to change services made available on the Platform free of charge within the basic access, to make new services available free of charge or fee-based and to cease providing free of charge services. In this respect, GTS will consider the legitimate interests of the Participants.

Section 9 Protection of Content, Responsibility for Third-Party Content

(1) The content available on the Platform, if it is protected by copyright or other property rights, are the property of GTS, the other Participants or other third parties, who have made the respective content available. The composition of content as such may be protected as a database or database system as defined in Sections 4 para. 2, 87a para. 1 German Copyright Act. The Participants may use this content only in accordance with the Terms and Conditions for Use and within the framework given on the Platform.

(2) GTS does not check third-party content, i.e. content from other Participants or other third parties, for completeness, correctness and lawfulness and, therefore, does not assume any responsibility or warranty for the completeness, correctness, lawfulness and timeliness of third-party content. This also applies with regard to the quality of third-party contents and their suitability for a specific purpose, in particular the traceability of products and product components via the Platform. 

IV. Use of Services on the Platform by the Participants

Section 10 Extent of Permitted Use, Monitoring of Usage

(1) The user authorisation of the respective Participant is limited to the access to the Platform and the use of the services currently available on the Platform within the framework of the provisions of these Terms and Conditions of Use and Participation.

(2) The Participants themselves are responsible for establishing the technical requirements necessary in their sphere of responsibility for the contractual use of services. GTS is under no obligation to advise the Participant in this regard.

Section 11 Use of Fee-Based Services

(1) With the choice of a premium access, the Participant has the possibility to use fee-based services and functionality via the Platform. In the course of the registration for premium access, prior to being granted the possibility to access the fee-based services and their functionality, the Participant will be informed on the screen about the related costs, the term of the agreement, payment terms and the other relevant terms of the agreement. After express consent to the respective terms and conditions of the agreement as well as the content of these Terms and Conditions for Use and Participation, the Participants will receive the content of the agreement, including these Terms and Conditions for Use and Participation, via email.

(2) Within the framework of the basic access, the fee-based services and functionality cannot be used. For the use of the fee-based services and functionality, a change of the Participant from basic to premium access is necessary. Once the Participant clicks the button "booking premium access", prior to being granted the possibility to access the fee-based services and their functionality, the Participant will be informed about the related costs for the Participant, the term of the agreement, payment terms and the other relevant terms of the agreement. In addition, the following instruction will be displayed:
Please note: By clicking the “ACCEPT” button, you declare bindingly that you would like to use the premium access. Thereby, you accept bindingly our offer for the provision of the fee-based premium access, which results in the existing contractual relationship being changed and supplemented. The Terms and Conditions for Participation and Use agreed for the basic access continue to apply.
Upon express consent to the respective terms and conditions, the Participant changing to premium access will receive the new content of the agreement, including the respective applicable Terms and Conditions for Use and Participation, via email.

(3) Use of the services available within the premium access is fully paid for with the monthly usage fee. 

(4) All quoted fees, if applicable, are net of the applicable statutory value added tax.

(5) The fee for fee-based services and functionality used by the respective Participant will be charged to the credit card specified in the course of the registration or prior to the use of such services. The Participants can retrieve the invoice for the fee-based services and functionality they have used in their personal area.

(6) In the event of default, GTS is entitled to charge interest on default in the amount of 8 percentage points above the base rate, unless the respective Participant provides proof of lower damages or GTS provides proof of higher damages.

(7) Offsetting is only permitted to the respective Participant in respect of counter-claims which are uncontested or have been asserted in a legally binding manner. The Participant may only invoke a right of retention if it is based on the same contractual relationship.

Section 12 Creation of User Profiles

(1) If available as functionality on the Platform, the respective Participant may enter a user profile into an input mask. 

(2) As a general rule, GTS does not verify the identity of the profile owners and the information provided in the profiles. Therefore, GTS does not warrant that each profile owner is the person the respective profile owner claims to be.

Section 13 Making Available of Content by the Participant

(1) If available as functionality on the Platform and included in the services used, in accordance with the following provisions the Participants may make content available on the Platform and, thus, to third parties, for example information about the supply chain in connection with the Traceability Solution and other content such as contributions, picture and audio files, information.

(2) With the making available of content, the respective Participants grant GTS a utilisation right free of charge for the respective content within the framework of the services and functionality offered, in particular
 – for the storage of content on the server of GTS as well as their publication, in particular making them publicly available (e.g. by displaying of the content on the Platform), 
 – for the duplication, if this is necessary for the provision or publication of the respective content.
To the extent that Participants remove information that was made available from the Platform, the aforementioned utilisation and exploitation right granted to GTS expires. However, GTS continues to be entitled to keep copies made for reasons of security and/or proof. 

(3) The respective Participants are fully responsible for content made available by them. GTS does not verify content for completeness, correctness, lawfulness, timeliness, quality or suitability for a specific purpose, in particular the traceability of products and product components via the Platform.
Therefore, the respective Participants declare and warrant vis-à-vis GTS that they are the sole holder of all rights in respect of the content made available by them on the Platform, or that they are otherwise entitled (e.g. by virtue of a valid authorisation from the holder of the rights) to make available the contents on the Platform and to grant the utilisation and exploitation rights pursuant to the preceding paragraph (2).

(4) GTS reserves the right to refuse the making available of content and/or to adapt, block or remove content already made available, without prior notice, if the making available of the content by the respective Participant or the content made available themselves have resulted in a violation Section 16 or if there is concrete evidence suggesting that it will result in a serious violation of Section 16. However, GTS will consider the legitimate interests of the Participant and will choose the mildest means for the prevention of the violation of Section 16.

Section 14 Utilisation Right in Respect of Content Available on the Platform

(1) Unless a more extensive use is expressly permitted in these Terms and Conditions for Use and Participation or on the Platform,
 – the respective Participants may access online and display the information regarding the supply chain available on the Platform exclusively for their own information as well as for the purpose of providing proof of the supply chain to authorities. This utilisation right is restricted to the duration of the contractual participation in the Platform;
 – the respective Participants are not permitted to publish, exhibit, copy or disseminate the information regarding the supply chain available on the Platform.
 – the respective Participants are permitted to access online and display the other content available on the Platform that is offered by GTS. This utilisation right is restricted to the duration of the contractual participation in the Platform;
 – the respective Participants are prohibited from editing, modifying, translating, publishing, exhibiting, copying or disseminating, in whole or in part, the other content available on the Platform that is offered by GTS. Likewise, it is also prohibited to remove or modify copyright marks, logos and other identification symbols and protection notices.

(2) The respective Participants are only permitted to download and print content if a download or printing option, respectively, is available on the Platform (e.g. in the form of a download button).
For duly downloaded or printed content, the Participants are granted a utilisation right for their own use and for non-commercial purposes which is not limited as to time and not exclusive. 

(3) The applicable mandatory statutory provisions remain unaffected.

Section 15 Confidentiality

(1) Information which was not input by the respective Participant himself/herself, which the Participants can access via the Platform, is subject to confidentiality if it is not already publicly known. The Participants may not disclose the information regarding the supply chain available in connection with the Platform to third parties, unless the passing on of data is required in connection with the disclosure obligation vis-à-vis the competent authorities. 

(2) The Participants undertake vis-à-vis GTS to treat as confidential, even after the termination of the agreement, any and all content, documents and information they have received or become aware of in the course of the usage which contain business or trade secrets or are designated as confidential, unless they are or become public knowledge without a breach of the confidentiality obligation.

Section 16 Prohibited Activities

(1) The services available on the Platform may only be used by the Participants commercially and non-commercially within the framework of the intended purpose and the provided functionality of the respective service. Any use beyond the above, in particular, the usage activities described in paragraphs (2) and (3) as well as the use for or in connection with other commercial purposes is prohibited for the Participants. A deviation from this only applies if such use was permitted explicitly and in writing by GTS in advance. The prohibited commercial use includes, in particular
 – any offers or soliciting of fee-based content, services and/or products, regardless of whether these are their own or from third parties,
 – any offers, soliciting or conducting of activities with a commercial background, such as competitions, lotteries, barter, advertisements or snow ball systems, and 
 – any collection, electronic or otherwise, of identity and/or contact details (including email addresses) of members (e.g. for the sending of unsolicited emails).

(2) The Participants are prohibited from undertaking any activities on or in connection with the Platform which infringe applicable laws or rights of third parties. 

(3) Furthermore, the Participants are also prohibited from undertaking the following activities, irrespective of a possible violation of law, in connection with the making available of their own content on the Platform as well as with the communication with other Participants (e.g. by sending personal notes):
 – the distribution of viruses, Trojans and other malware files;
 – the sending of junk or spam mails as well as chain letters;
 – the dissemination of insinuating, offensive, sexual, obscene or defaming contents or communications as well as such contents or communication which is/are suitable to promote or support racism, fanaticism, hate, physical violence or illegal activities (in each case, explicitly or implicitly);
 – the harassment of other Participants, e.g. by multiple personal contacting without or against the reaction of the other Participant as well as the promotion or support of such harassment;
 – the request to other Participants to disclose passwords or personal details for commercial or illegal purposes;
 – the dissemination and/or public reproduction of contents available on the Platform, unless the Participants have been expressly authorised by the respective author or this has been expressly made available on the Platform as a functionality.

(4) Likewise prohibited for the Participants is the reverse engineering in view of the software on which the Platform and the services offered are based as well as any activity which is suited to detrimentally affect the smooth operation of the Platform, in particular to put an undue strain on the systems of GTS.

(5) If the respective Participant becomes aware of any use of the Platform that is illegal, abusive, in violation of contractual agreements or otherwise unauthorised, he/she has to notify GTS of this immediately.

Section 17 Blocking Access

(1) GTS is entitled to block a Participant’s access to the Platform temporarily or permanently if there is concrete evidence suggesting that the respective Participant has violated or is violating these Terms and Conditions for Use and Participation and/or applicable laws or if GTS otherwise has a legitimate interest in blocking the access. For its decision to block access, GTS will consider the legitimate interests of the Participant.

(2) In the case of a temporary or permanent blocking of access, GTS will block the access authorisation and notify the respective Participant thereof via email.

(3) In the case of a temporary blocking of access, GTS will reactivate the access authorisation after the expiration of the blocking period and will notify the respective Participant thereof via email. A permanently blocked access cannot be reinstated. Permanently blocked Participants and the persons acting for them will be permanently excluded form participation in the Platform and may not re-register on the Platform.

V. Limitation of Liability

Section 18 Limitation of Liability for Free-of-Charge Services

In the event that the Participants suffer any damage from the use of the services provided free of charge on the Platform (including the retrieval of free contents), GTS will only be liable if such damage has been caused by the contractual use of free-of-charge contents and/or services and only in the event of intent or gross negligence on the part of GTS.

Section 19 Limitation of Liability for Fee-Based Services

Within the framework of the use of fee-based services and functionality (including the retrieval of fee-based content) by the respective Participant, GTS will be liable in accordance with the following provisions:

(1) For damages caused by GTS or by its legal representatives, executive employees or vicarious agents with intent or gross negligence, GTS will be fully liable.

(2) In cases of slightly negligent breaches of non-material contractual obligations, GTS will not be liable. Otherwise, the liability of GTS for damages caused by slight negligence is limited to such damages that have to be typically anticipated in connection with the respective contractual relationship (damages typically foreseeable for the agreement). This applies also in respect of slightly negligent breaches of duty on the part of the legal representatives, executive employees or vicarious agents of GTS.

(3) The aforementioned limitations of liability do not apply in cases of intent, physical or personal injury, for the breach of guarantees as well as claims based on product liability.

Section 20 Maximum Amount of Liability 

The overall liability of GTS pursuant to Section 18 and Section 19 is limited to the amount of the agreed annual user fee. 

VI. Other Provisions

Section 21 Requirement of Written Form

Unless stipulated otherwise in these Terms and Conditions for Use and Participation, all declarations made in connection with the participation in the Platform have to be made in writing or via email. The email address of GTS is info@global-traceability.com. The postal address of GTS is GTS Global Traceability Solutions GmbH, Im Kaisergarten 25, 67159 Friedelsheim. The contact details are subject to change. In the event of such change, GTS will inform the Participant thereof.

Section 22 Severability

In the event that any provision of these Terms and Conditions for Use and Participation is or becomes invalid, this does not affect the validity of the remaining provisions. In place of the invalid provision, a valid provision is deemed to be agreed which economically comes as close as possible to the one intended by the parties.

Section 23 Governing Law

These Terms and Conditions for Participation and Use are governed by the laws of the Federal Republic of Germany without recourse to the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Section 24 Jurisdiction

To the extent that such an agreement on jurisdiction is permissible, the exclusive place of venue for all disputes arising from these Terms and Conditions for Participation and Use is the registered office of GTS.