General Terms & Conditions for this website

1 Operator identity

  1. The agreement on the use of the content provided and respectively available on this website, including all connected websites, portals and servers of the ExxTainer AG and its subsidiaries (collectively referred to as “ExxTainer” or “Operator”) is concluded with the ExxTainer AG, Grützenstrasse 4b, CH-8807 Freienbach/SZ.  

  2. Details on the Operator and persons responsible, including their contact data, are available in the website header under “Company Details/Disclaimer” as well as generally on the connected ExxTainer websites and in particular, are shown .  

2 Scope of application

  1. This document contains the provisions, which pertain to the rights and obligations for the use of this website and the available information, products and services – collectively the “content” – provided there directly or via connected, possibly protected websites, portals and servers, either freely or after previous registration.  

  2. After registration, a specific usage agreement applies to the possible acquisition of products and services from ExxTainer depending on the required application and service – including possible specifications or product descriptions, instructions for use and price information. After registration and activation, details on the respective usage agreement are available on any connected website for the contents provided there, on every portal for the products obtainable on this portal and usable services as well as generally at with the corresponding link.  

  3. ExxTainer created this website (including all currently connected websites, portals and servers of ExxTainer as well as other possibly newly added websites, collectively the “ExxTainer websites” or for short “websites”) and maintains it, to make free, publicly accessible content available to the user in the form of texts, graphics, images, photographs, reports and audio and video documents as company, product, service and price information as well as – after registration – software programmes, e.g. communication adapters and available services, e.g. as transmission, conversion, signature and archiving services.  

  4. These terms of use, in the following “General Terms & Conditions”, govern the relationship with users, who access content, which ExxTainer makes available without registration, as well as with users, who register at ExxTainer for the purpose of acquiring products or services.  

  5. Users usually refer to persons responsible for EDI, IT managers, software developers, purchasing managers, sales managers, production managers, supply chain managers, finance directors and other persons involved either directly or through their vicarious agents as well as generally any other interested party as individuals, on behalf of their employer and/or as a third party acting on behalf of companies or other legal entities. Upon accessing and using this website, the user asserts and assumes respective liability that he or she, insofar as he or she is not using the website on his or her own behalf, is authorised to act on behalf of the company or legal entity he or she is representing and that he or she has the authority to legally bind said company or legal entity.  

  6. These General Terms & Conditions apply to any use of this website for all information, documents, products and services made available. Upon initially accessing and using this website, the user of this website or the provided content accepts these terms of use in their respectively valid version and ensures complying with them, without this requiring any further declaration. At the same time, the user confirms that he or she is of age and full legal capacity.  

  7. These terms of use as a general provision can be modified, supplemented or replaced by additional terms as a special provision for specific information, products and services available after registration. In the case of conflicts with the general provision, the special provision takes precedence over the general provision. Omissions in the special provision are eliminated using the respective terms for this website, insofar as this does not run counter to the intent and purpose of the special provision.  

  8. For instance, access to the software made available on the ExxTainer websites as well as the use thereof are subject to a separate software licence agreement, which must be accepted by the user when downloading the software.  

  9. For instance, activation for the services available via the ExxTainer websites as well as the use thereof are subject to a separate usage agreement, which must be accepted by the user when logging in for the services for the first time.  

  10. These General Terms & Conditions are supplemented by the Privacy Policy, Company Details/Disclaimer and Copyright and together, make up the user agreement for the use of this website.  

  11. Deviating, contradicting or supplementary general terms and conditions of any kind (incl. general terms and conditions of purchase) from the user or from his or her business partners are not deemed an integral part of the agreement, even if they were disclosed to ExxTainer beforehand, unless ExxTainer explicitly accepted the entire or partial consideration thereof in writing beforehand.  

3 Rights of use

  1. The Operator grants the user a non-exclusive, non-transferable, indefinite right, to use the content made available on the website in compliance with the purpose the Operator intended with the provision however, solely according to the stipulation in the following paragraph.  

  2. The content made available on the website may not be duplicated (with the exception of storing once on a data carrier and respectively one hardcopy thereof), sold to third parties or otherwise be given to third parties or be used in line with public lectures, performances or presentations. The Operator reserves all rights of use protected by copyright. A third party is a party not belonging to the user’s immediate sphere of action or who is not in a relationship of domination or subordination with the user or is not subject to his or her instructions/orders.  

  3. The use of this website is subject to its availability. The Operator has the right to temporarily or permanently suspend the operation of the website entirely or individual pages of the website without separate notice, to subject the use of the website to restrictions or to interrupt access to the website or to individual pages thereof at any time.  

4 Copyrights

  1. This website is copyrighted regarding content, design, available information, downloadable products and usable services.  

  2. Details on the copyright are shown in the footer of these provisions when clicking on the “Copyright” button.  

5 User’s obligations

  1. Every user bears full responsibility for all of his or her actions in connection with the use of this website. The user is obligated to solely use access to the website in an appropriate manner. In particular, he or she will not use the Operator’s granted access options inappropriately and will take the acknowledged principles of data integrity into account in protecting data as documented in the header of this website when clicking the “Data Protection” button.  

  2. The user is obligated not to transmit any confidential or copyrighted information via this website to the operator and asserts that all information he or she makes available via the Operator’s website is not under the condition of any confidentiality.  

  3. The user or any person acting on his or her behalf ensures the Operator the free, unrestricted right of disposal to all information he or she entered in the input boxes on the website. The user ensures having all rights to the information and data he or she transmitted to the website in this manner and being authorised to transmit said information and data. Compliance with the provisions regarding data protection are ensured.  

  4. In connection with using this website, the user is not permitted to:  

  • violate industrial property rights or other third party proprietary rights;  

  • disrupt, interfere with or suspend the operation of the website or the acquisition of the products and services via the website for instance by means of transmitting malware or other programmes capable of damaging the website;  

  • input or transmit content, e.g. via input boxes, which is illegal or must be kept confidential, or link other websites with such content.  

6 Confidentiality

  1. This website is, insofar as accessible in the unprotected area, designed as a public platform and can be used freely by the user taking the copyright into account. Restrictions only apply to content, which is solely available to the user after registering and/or logging in.  

  2. All business and trade secrets, terms, product and service features and other information in these General Terms & Conditions are designated as confidential information, which can be viewed via protected areas of this website, which are only made available by the Operator or third party after registering and/or logging in, which is available by downloading software, which is marked confidential or can be identified as being confidential based on the nature of the information and the manner in which it is provided. This type of confidential information must be protected against unlimited publication toward everyone.  

  3. Even in the event of a possible, if applicable improper disclosure or copying, the Operator’s confidential information remains the property of ExxTainer and must contain all references and remarks regarding its confidential or protected use as indicated in the original information.  

7 Data protection and data integrity

  1. ExxTainer as well as the user observe the relevant legal and official regulations on data protection and data integrity as laid down in all national laws in the European Economic Area (EEA).  

  2. By using this website, the user confirms to adhere to these terms on data protection as well as to the Privacy Policy, which supplements these General Terms & Conditions, and which are made available in the website header when clicking on the “Data Protection” button.  

8 Registration

  1. The use of general information on this website including possible cost and usage indications is generally possible without registering. If applicable, web analysis services may also be used solely for the publicly accessible part of the use.  

  2. The user is required to register, in order to access products and make use of services as well as to access corresponding product and service descriptions, instructions for use and other useful information as well as binding price information.  

  3. The user’s registration is solely executed via the protected area of the specifically secured ExxTainer Service Portal (ESP) connected to this website.  

  4. The user does not have the right to registration by the Operator. Which individual pages of this website are subject to registration or generally accessible without registration is within the discretion of the Operator.  

  5. After fulfilling the access and use requirements, the user can acquire the required products, e.g. software as a communication adapter for format conversion and data exchange of electronic documents or for document data tracking and benefit from services, e.g. exchange of electronic document data with his or her business partners irrespective of the format as well as if required, monitor this exchange in the form of document data receipts and using tracking reports in the protected, not publicly accessible area of the connected portals.  

9 Newsletter

  1. Upon registration, the user is added to the mailing list for the ExxTainer newsletter, which is distributed sporadically, which provide users with current information about products, services and partners all pertaining ExxTainer’s range of services.  

  2. The user can cancel the newsletter at any time without stating reasons via email .  

10  Links

  1. This website can contain links to external third party websites and the information made available there. The Operator does not assume any liability for content, modifications or updating as well as availability of these linked websites.  

  2. Under no circumstances does the Operator appropriate third party websites; the Operator is not responsible for the content of third party websites and does not assume any liability for the design or accuracy of the content provided on such websites or for said content being up to date.  

  3. Access to linked third party websites and the content provided therein takes place at the user’s own risk.  

  4. Details on linking can be found in the legal notices in “Company Details/Disclaimer” in the header of this website.  

11  Deficiencies in title and material defects

  1. The Operator makes the website available “as is”. In particular, the Operator does not guarantee that the quality of the content provided on the website completely meets the user’s expectations and requirements.  

  2. Insofar as information or products and services are provided free of charge, liability for deficiencies in title and material defects regarding the information, products and services, in particular pertaining to accuracy, completeness, absence of errors, reliability, precision, usability, quality and adherence to third party industrial property rights and copyrights, is – except in the case of intent or fraudulent intent – excluded.  

12  Liability

  1. The Operator is solely liable for the content provided on this website to the extent required by the respective national telemedia acts of the European Economic Area (EEA).  

  2. The Operator is not liable for direct or indirect damages or for the consequences thereof, which result from the use or the unusability of the content on the website or from a malfunctioning of the Operator’s infrastructure, in particular for the malfunctioning of leased or Internet lines as well as disruptions due to suppliers of the Operator’s infrastructure.  

  3. Mandatory legal liability claims in the event of a breach of essential contractual duties or claims pursuant to the Product Liability Act are not affected by this. However, the liability amount is – insofar as permitted by law – limited in each individual case to the amount of the insurance benefits, which the Operator receives from its liability insurance for the compensation of proven and acknowledged damages for these reasons in the individual case.  

13  Guarantee

  1. The information, products or services available on this website are compiled with the utmost care. Despite the effort of keeping the content up-to-date and accurate at the time of online provision, no guarantee can be given for the absence of errors. This content is made available to the user without any guarantee regarding its characteristics and quality. Corresponding statements are merely of explanatory nature. The content does not constitute any guarantees or warranted characteristics.  

  2. The user cannot construe any guarantee or obligations from the descriptions or advertising texts published by the Operator, unless this was explicitly confirmed to the user in an individual case by ExxTainer in writing. In any case, guarantees require an explicit written confirmation by the Operator.  

14  Asserting claims

  1. Any claims arising from or in connection with the use of this website as well as connected websites and portals must be asserted within the applicable periods however, at the latest within 1 (one) year after the end of the calendar year, in which the claimant becomes aware of the circumstances the claim is based on, otherwise the assertion of claims is excluded.  

  2. If the claimant asserts such claims within the claim period, he or she is then obligated to provide complete proof of the possible basis of the claim.  

15  Changes in content

  1. The technical and content development of this website is solely at the discretion of ExxTainer.  

  2. The Operator reserves the right to entirely or partially change content, available products and services, which are provided via this or connected websites, at its own discretion at any time without giving notice, to adapt said websites to current developments or to remove them as well as to replace them with more updated, newer ones. In particular, ExxTainer reserves the right to expand, supplement, limit or discontinue all services provided free of charge at any time.  

  3. ExxTainer is not liable to the user or any third party for changing or discontinuing content, products or services on the ExxTainer websites.  

  4. The respectively current version of the General Terms & Conditions can be accessed by clicking on the “General Terms & Conditions” button in the header of this website.  

16  Warning

  1. If the design or content of the website infringes on legal provisions or third party rights, the Operator expects to be informed accordingly without costs. ExxTainer ensures that the sections queried with good reason will be immediately removed from the website without the person involved having to seek legal representation for said removal.  

  2. Costs resulting from legal representation without establishing prior contact will be denied in full by the Operator; the Operator reserves the right to file a counterclaim based on the breach of the preceding provisions, if applicable.  

17  Final provisions

  1. The Operator reserves the right to amend or modify the General Terms & Conditions at any time. The respectively current version of the General Terms & Conditions applies to each use of the website.  

  2. The supplementary accompanying documents for these General Terms & Conditions for the use of products and services can all be accessed via special, protected areas of the connected websites and portals after registering and logging in.  

  3. The Operator does not assume any liability for the information on this website being able to be downloaded in countries other than Switzerland without any restrictions.  

  4. The user agrees to adhering to the law of the country, in which he or she resides, pertaining to data transmission on the Internet; in particular, regarding encryption and transmission of data to other countries, in countries excluded from that and regarding data based on which their identity can become known.  

  5. In cases of doubt, the German wording of these General Terms & Conditions and their accompanying documents take precedence over translations in other languages.  

  6. If the Operator does not assert or enforce a right or a provision of these General Terms & Conditions, this is not deemed a waiving of the respective provision or the concerned right.  

  7. If one or more provisions of these General Terms & Conditions prove to be invalid in full or in part, this does not affect the validity of the remaining provisions. An invalid provision is replaced by a valid provision, which comes closest to the purpose of the invalid provision.  

18  Applicable law and place of jurisdiction

  1. Solely the laws of the Swiss Confederation apply to these General Terms & Conditions excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).  

  2. Provided that the user is a merchant in terms of the Swiss Code of Obligations, the place of jurisdiction for all disputes arising from or in connection with the use of this website is the Operator’s place of business or its respectively concerned subsidiary.  

  3. The same venue of jurisdiction also applies if the user does not have a place of general jurisdiction in the respective home country or has transferred his or her place of business/residence or habitual abode outside the scope of application of this law or if the user’s place of business/residence or habitual abode is unknown at the time of taking legal action.  

  4. The Operator also has the right to file suit at the user’s place of general jurisdiction.  


ExxTainer AG, last updated 16/05/2017