No remuneration due
Use of the Platform does not lead to any remuneration obligation of the Customer to XOM or of XOM to the Customer.
Services of Partners
3.1 Products are always offered and sold via the Platform by the Partner specified in each case on the Platform.
3.2 To the extent required for the conclusion and/or the performance of contracts with a Partner, the Customer agrees that XOM will provide the Partner with the required declarations and data of the Customer. With respect to the exchange of declarations between the Customer and Partners, XOM always is only a messenger. XOM shall forward such declarations automatically to the respective contact provided by the Customer or the Partner.
3.3 The Customer acknowledges that XOM is neither responsible for the content and information provided by the Partners on the Platform nor the services offered by them or their actions and that no contract and/or performance relationship will come into existence in this respect between XOM and the Customer. In particular, the Partner alone is liable for the fulfilment of contracts concluded with Customers, the provision of services, invoicing, collecting payments, as well as warranty for defects, refunds and returns. The contract concluded with any Partner is solely governed by the general terms and condition and the privacy policies of the Partner specified in each case when the contract is concluded.
Provision of the Platform
Use of the Platform
5.1 XOM grants the Customer access to the Platform via an account using login data. The Customer will keep its login data secret at all times and inform XOM promptly after obtaining knowledge about any unauthorised access.
5.2 The Customer will take all necessary measures to prevent any risks to the security and stability of the Platform and the systems of XOM and its subcontractors and will not retrieve data or information without authorisation, interfere with the software of the Platform, penetrate data networks of XOM or transmit any viruses, Trojans or other malware.
Warranty and liability
6.2 The liability of XOM for wilful intent and gross negligence and the fraudulent non-disclosure of defects remains unaffected.
6.3 All limitations and exclusions of liability set out in § 6 also apply to XOM's affiliates, members of the executive board, directors, employees, agents, subcontractors, sub-suppliers and other assistants.
7.2 The obligation of the Customer to provide the indemnity pursuant to Section 7.1 does not apply if XOM is liable for the occurrence of the corresponding claims, damages or costs.
XOM is at any time at its sole discretion entitled without prior notice or specifying grounds to partially or completely block the Customer from using the Platform.
9.2 The right to termination for good cause remains unaffected.
10.1 Declarations of XOM are deemed received by the Customer upon receipt of the e-mail by the e-mail inbox stated by the Customer during registration.
10.2 Declarations of the Customer are received by XOM upon receipt by the systems provided by XOM for electronic communications.
Choice of law
Legal venue, place of performance