Terms and Conditions
Effective as of 6 June 2016
The following definitions apply in the context of these Terms and Conditions:
1.1 The 'Contractual Partners' in the context of these Terms and Conditions are Deutsche Börse AG, Mergenthalerallee 61, 65760 Eschborn and the Client.
1.2 'Client' is Deutsche Börse AG's End User of Historical Data.
1.3 'Historical Data' comprises bids, asks, turnover, indices and other data that are distributed by Deutsche Börse AG on the day after their date of origin (i.e. after midnight, relative to the respective time zone) at the earliest.
1.4 'End User' is the client of Deutsche Börse AG who purchases the Historical Data for personal use only.
2. Acknowledgement of the Terms and Conditions and scope of application
Downloading and utilizing Historical Data is governed exclusively by these Terms and Conditions. Client conditions that differ in any way are not valid.
3. Conclusion of the Contract
In sending an order via the website of Deutsche Börse AG, the Client communicates to Deutsche Börse AG an offer to conclude a Contract to purchase Historical Data. The Contract comes about in that the Client receives electronic communication from Deutsche Börse AG confirming the order.
4.1 In concluding the Contract, the Client of Deutsche Börse AG pledges to pay the remuneration sum according to the respective prices relevant at that point in time. Respective 'Historical Data' that can be accessed are specified via the prices. All prices are exclusive of value-added tax (VAT) at the prevailing statutory rate.
4.2 Payment has to by made by prepayment.
5. Ordering process for Historical Data
5.1 Historical data can be ordered via the Deutsche Börse AG internet shop. The internet shop can currently be accessed via the URL: https://datashop.deutsche-boerse.com. Historical data may be ordered for a predefined period (one-off purchase).
5.2 The Historical Data are offered for download, as far as technically facilitated by Deutsche Börse AG, and are available for download for 10 days after confirmation of the order. Technical preparations undertaken by Deutsche Börse AG to make the Historical Data available for download by the Client are basically free of charge. For orders up to 10.00 EUR the Client is charged a service fee of 10 EUR.
5.3 The Historical Data are offered, where available, on a data medium for charge. The shipping costs, risk of dispatch and the costs for the data medium shall be borne by the Client.6 Payment
6.1 The Historical Data are provided or released to the Client after receipt of payment by Deutsche Börse AG. After the payment is received, the customer will receive an email informing him/her that the Historical Data have been provided successfully. The email contains a link which the Client can use for the download of the data files.
6.2 Unless otherwise specified within the product description Historical Data on a data medium will be sent to the Client after receipt of payment by Deutsche Börse AG. If Historical Data are shipped on a data medium to countries outside the European Union (EU), the order may be subject to import taxes, customs duties and fees levied by the destination country. The Client is responsible for customs clearance in a lawful manner and has to pay all additional taxes, duties or fees in their country. Delivery Mode: DAP (Delivered at place)
7. Duration of contract
7.1 The contract for Historical Data offered for download comes into effect after receipt of payment and confirmation of the order by Deutsche Börse AG and automatically ends on the subsequent 10th day. The right to download expires with the end of this Agreement.
7.2 The contract for Historical Data shipped on a data medium to the Client comes into effect after receipt of payment and shipment of the data medium by Deutsche Börse AG and automatically ends on the subsequent 30th day.
8. Rights and obligations of the Client
8.1 The Client has the right to save the Historical Data on their own computer, to process it, and to employ it for personal use only. The Client is not permitted to forward the Historical Data to third parties or to display it on public access media such as the Internet. Vendor clients are kindly asked to contact our Customer Service.
8.2 In the event of a contravention of paragraph 8.1 above, Deutsche Börse AG can levy a penalty of up to EUR 5,000 for each infringement. The right of Deutsche Börse AG to the balance of payments lost as a result of data forwarding, with interest, remains unaffected.
9. Obligations of Deutsche Börse AG
9.1 Deutsche Börse will expend reasonable efforts, taking into account the current state of information technology, to ensure the accuracy and completeness of the Ordered Data it makes available. It will investigate any justified complaints from the Client as soon as possible and, insofar as the reason for the complaint lies within Deutsche Börse AG’s area of influence, will ensure that these are addressed. Any further responsibility for the accuracy and completeness of the Historical Data made available shall not be considered part of Deutsche Börse AG’s contractual obligations.
9.2 Insofar as the Historical Data contains data from third parties, a guarantee of accuracy and completeness is not possible. This data is forwarded automatically.
10.1 Deutsche Börse AG shall pay damages - irrespective of the legal grounds (e.g. service disruption, tort) - only within the following scope:
a) In the event of willful misconduct, Deutsche Börse AG shall be liable for the full amount.
b) In cases of gross negligence or breach of warranty, Deutsche Börse AG is liable for the amount of foreseeable damages that should have been avoided through due diligence or warranty.
c) In cases of simple negligence, Deutsche Börse AG is only liable upon breach of a cardinal obligation or other material obligation that would endanger the fulfillment of the contract. In such cases, the liability of Deutsche Börse AG is limited to typical and foreseeable damages.
d) Deutsche Börse AG shall not be liable in any other cases.
e) To the extent that Deutsche Börse AG is liable for reimbursement of any wasted expenditure, the rules set forth under a) through c) shall apply accordingly.
f) Legal liability in cases of injury to life, body, or health, as well as liability pursuant to the German Product Liability Act (Produkthaftungsgesetz), shall remain unaffected.
10.2 Objections based on contributory negligence shall remain unaffected.
10.3 Claims by the Client for compensatory damages must be filed within two years, provided that the claims involve neither injury to life, body, and health or freedom, nor were caused by wilful misconduct. The period of two years begins after the year has ended in which the claim emerged and the Contractual Partner of Deutsche Börse AG learned, or should have learned without gross negligence, of the circumstances giving rise to the claim as well as the identity of the liable party.
10.4 Deutsche Börse shall not be liable for damages resulting from force majeure, riot, acts of war, natural disasters, or other events over which they have no control, (e.g. strikes, lock-outs, traffic disruptions, orders by governmental authorities in the Federal Republic of Germany or abroad), or as a consequence of technical problems, such as IT disruptions, for which they are not at fault. The term force majeure shall also include computer viruses or intentional attacks by 'hackers' on IT systems, provided that appropriate security systems were in place to avert damage from such attacks.
11. Data protection
Deutsche Börse AG has the right to electronically store and process data provided by the Client in accordance with legal regulations. Personal data is treated as highly confidential in accordance with provisions of the Bundesdatenschutzgesetz (Federal Data Protection Act) and is used exclusively for the purposes of business relations between Deutsche Börse AG and the Client.
12 Final provisions
12.1 This Agreement is governed by the laws of the Federal Republic of Germany.
12.2 To the extent permitted by law, the place of jurisdiction shall be Frankfurt/Main. Deutsche Börse AG reserves the right to begin legal proceedings against the Client, also at the latter's local place of jurisdiction.
12.3 Should individual provisions of this Agreement be or become invalid, or should the Agreement contain any gaps or omissions, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. Any gaps or omissions shall be replaced by a provision that comes closest to the intention of the parties had they considered the need to regulate the issue in question.