Conditions of Use

1. Scope of Application

1.1 Use of the services provided on our homepage and particularly of the application puncat WEB provided and the drawings and data sheets made available is in accordance with these Conditions of Use.

These may be extended and adapted with supplementary conditions.

1.2 Registration is required in order to use the services and information mentioned in relation to the figure above. Only people who are not private individuals may register.

1.3 The services provided and information made available on this homepage are therefore geared only to registered users who are not private individuals.

1.4 Registration constitutes acceptance by the user of these Conditions of Use in the respective valid version.

2. Usage Right and Copyrights

2.1 The registered user who is not a private individual is granted a non-exclusive and non-transferable right to use the information provided and made available on our homepage to the extent corresponding to the agreed purpose or to the purpose of the provision.

2.2 The user may neither distribute, hire out, sell or provide to third parties nor otherwise surrender our services provided and information made available on this homepage.

This particularly concerns the software puncat provided by us and the drawings and data sheets made available by us.

Our explicit written consent is also required for copying.

2.3 All contents of our homepage and particularly our application puncat WEB provided and the drawings and data sheets made available on this homepage are subject to copyright or other legal property rights. punker is the owner of these property rights.

Our software puncat, drawings and data sheets are accordingly protected both by copyright law and by international conventions and other laws and agreements on intellectual property.

The user undertakes to respect these rights. Copyright notices and trademarks are therefore not to be removed from the software puncat provided, the drawings and data sheets and copies of these.

2.4 The user is granted no further rights in addition to those explicitly stated above.

Specifically no further rights are granted with respect to the company name and industrial property rights such as patents, registered designs, trademarks or content of our website.

3. Guarantee

3.1 The use of our services and particularly the software puncat provided and the drawings and data sheets made available is exclusively at the risk of the user.

Liability for material defects and defects of title over our software puncat, the drawings and data sheets is excluded. This liability exclusion does not apply in the case of intent or gross negligence.

3.2 Specifically no liability is accepted for the correctness, accuracy, completeness, absence of property rights and copyrights of third parties and/or usability of the software puncat provided by us or its results, our drawings or our data sheets.

The user must check independently the suitability/usability of the software puncat provided by us and the results delivered by the software puncat for the purpose pursued by the user.

3.3 The results delivered by our software puncat and the drawings and data sheets made available in this respect give rise to no agreement on quality with regard to the purchase agreements / order processes subsequently agreed separately.

4. Liability

4.1 punker accepts no liability for any damages arising as a result of the use of and visit to our website other than in the case of deliberate or grossly negligent breach of duty by us or our vicarious agents. Our liability in the case of simply negligent breaches of essential duties is limited to the damages foreseeable and typical for the agreement.

4.2 punker further accepts no liability for the accessibility of this website.

4.3 Our website may contain links to internet sites of third parties.

punker accepts no liability whatsoever with respect to the data protection, data security and content of such internet sites of third parties.

4.4 Liability exclusions and liability limitations do not apply in the case of liability due to culpable injury to life, body or health or to claims under the German product liability act.

5. Acquisiton of User Data, Retention Period
5.1 Once a registered user logs in, certain personal data will be collected:

  • Downloads which are only available to registered users
  • Use of the application puncat WEB, including
    • filled out forms
    • saved searches
    • saved favorites

5.2 The data collected will be deleted every 12 months if user has been inactive for 36 months.

6. Blocking of Access / Removal of the User Account

6.1 punker is entitled to remove the account of a user after one year of inactivity. Inactivity occurs if a user has not logged in for a period of one year.

It nonetheless remains possible for the user to reregister free of charge in the case of removal of the account due to inactivity.

6.2 The account of the user may also be removed with no entitlement to renewed registration free of charge if the user breaches these Conditions of Use.

A breach of these Conditions of Use occurs not only if the rights and duties explicitly governed in these Conditions of Use are breached but also if the user contravenes good morality in conduct or transmits or introduces content that could result in malfunctions or outages of the network or cause damage to EDP systems.

6.3 The account of the user may moreover of course be removed on request directly by the user. The account can be deleted by the user by loggin in and clicking the respective button. Moreover, the logged in user can request disclosure and deletion of collected data by clicking the respective buttons.

7. Exemption

The user undertakes to exempt punker from demands and claims of third parties if these claims are founded upon the user having breached our Conditions of Use.

8. Applicable Law, Place of Jurisdiction

8.1 These Conditions of Use are subject to the law of the Federal Republic of Germany.

8.2 The place of jurisdiction for disputes arising from or in connection with these Conditions of Use is the respective local or regional court responsible for Eckernförde as long as the user is a trader in accordance with the German commercial code, a legal entity under public law or a special fund under public law.

8. Severability Clause

If individual provisions of these Conditions of Use are or become entirely or partially invalid or if they contain gaps then this shall not affect the validity of the remaining provisions.