(1) Scope of application
1.1 The Deutsche Gesellschaft für internationale Zusammenarbeit (GIZ) GmbH, 65760 Eschborn (‘Operator’) operates the internet platform ‘SuSanA’ at the URL www.susana.org.
The Sanitation Calendar was develoepd with the support of WSSCC and is hosted on the SuSanA server at the URL www.sanitationcalendar.org . It is a calendar tool where organisations registered as SuSanA partners or WSSCC members can easily create sanitation related events, advertise them and - after the event - use the same entry they created initially to compile and share the documentation of the event.
1.2 These terms and conditions shall apply between the Operator and registered SuSanA members as well as WSSCC members who have access to the Sanitation Calendar (‘User’). By accessing their organisation’s account of the Sanitation Calendar, Users expressly agree to these terms and conditions and acknowledge that they have read and understood them.
(2) Transfer of the rights of utilisation
2.1 The User hereby grants to the Operator a worldwide, royalty-free, non-exclusive license to use the texts and images provided by the User (hereinafter: the “WORKS”) for non-commercial purposes. The right granted includes to use, store and distribute the WORKS and to sublicense any or all such rights, under terms consistent with these terms and conditions of use to third parties.
2.2 In return and to ensure that appropriate credit is given to the Users’s contribution to the Sanitation Calendar, the Operator ensures to name that content on the Sanitation Calendar is provided by the respective SuSanA partner or WSSCC member.
(3) Registration and contract
3.1 The User must be registered as a SuSanA member in order to use the Sanitation Calendar.
3.2 There is no claim to a registration, applications can be denied without reasoning.
3.3 The operator will provide the right to the User to edit its entries at any time. 3.4 The User undertakes to protect the login details provided by the operator and to store them in such a way that they cannot be accessed by unauthorised third parties. If the User loses the login details or has reasonable grounds to suspect that they are being used by a third party, the User is obliged to inform the Operator immediately. The Operator accepts no liability for damage caused in the event that the User’s login details are obtained by a third party.
(4) Prohibited uses
4.1 The Sanitation Calendar may be used only for non-commercial and legally admissible purposes.
4.2 The publication of content of the following types on the Sanitation Calendar is specifically prohibited:
- content that could damage third-party rights, in particular copyright, ancillary copyright, business name and trade mark rights, design rights, property rights and the right to privacy;
- content that is unlawful, harmful, tortious, pornographic, obscene, sexist, defamatory, libelous, racist, invasive of another’s privacy or damaging to minorities or religious groups;
- discrimination, defamation or abuse;
- false allegations;
- abusive criticism, slurs on reputation, speculation or libel;
- political commentaries or party campaigning;
- calls for a boycott of any kind;
- links to websites that contain illegal content;
- unauthorised forms of communication, whether direct or indirect (e.g. spam);
4.3 Users may not engage in any activities intended to impair, disable, or destroy the functionality of the Sanitation Calendar. In particular, Users may not take any action that could interfere with the physical or logical structure of the Sanitation Calendar.
4.4 The Operator reserves the right to remove any such content or links without prior notice
or explanation if it suspects that the content in question falls into one of the above prohibited
(5) Liability of Users
5.1 The User assures to the Operator that the use of any images and texts uploaded or otherwise made available to the Sanitation Calendar does not infringe any third party copy right or other intellectual property.
5.2 The User agrees to indemnify and hold the Operator harmless from and against all claims, damages, costs and expense, excluding indirect losses, resulting from external parties, provided that in the event any such claim or right is asserted against the User, the User shall make no admission without the Operator’s prior written consent and shall give the Operator written notice of such fact immediately. The Operator shall then have the option, at its discretion, to take over the defense of such claim.
(6) Liability of the Operator
6.1 Any liability of the Operator and its employees, contractors, or other agents is limited to acts committed by intent or gross negligence. Any liability for acts committed by simple negligence shall be excluded. This disclaimer does not apply to any injury to persons or damage to items the Operator has accepted for processing. In cases where the liability of the Operator is excluded or limited, the limitation or exclusion of liability shall also apply to the personal liability of the Operator’s organizational units, employees, contractors, or other agents.
6.2 The Operator shall not be liable under these terms for damages arising from the misuse or loss of data or information submitted to the Operator directly through the site or by email.
6.3 The Operator shall not be liable and accepts no representation for the accuracy, completeness and reliability of information contained in the materials having been uploaded or otherwise made available on the Sanitation Calendar. The respective User bears the sole responsibility for the content of such parts of the information.
(7) Data protection
7.1 When the Sanitation Calendar is accessed, certain information about users, such as internet protocol (IP) addresses, navigation through the site, software used and time spent, may be stored by the Operator or on its behalf. This information may be used for website traffic analysis only, and not to identify users. No attempt will be made to monitor systematically individual users of IP addresses, or the actions that they perform.
7.2. Personal data may not be recorded or saved without the user's express consent. By completing any data collection form on the Sanitation Calendar, the user expressly agrees to the storage and processing of the data entered. All data provided by the user (such as, names, addresses etc.) will be treated as confidential, stored and processed only for the purpose for which it was collected, and made available only to the unit responsible for dealing with it. In particular, personal data will not be passed on to third parties or published or made available for general access without the user's express agreement or unless necessary to comply with a request by or for the conclusion or fulfilment of a contract with that user, or unless the Operator is obliged to make such data available to public authorities.
8.1 The Operator may suspend operation of the Sanitation Calendar and exclude one or more Users at any time without stating its reasons for doing so.
8.2 The Operator accepts no liability for the accuracy, precision or correctness of the information placed on the Sanitation Calendar. To the extent permitted by law, no liability is accepted for damage that may be caused by the use of or failure to use the information provided on the Sanitation Calendar, by calling or downloading data, or by installing or using downloaded software.
8.3 The Operator accepts no liability for the content of websites reached by following external hyperlinks from the Sanitation Calendar. 8.4 The Operator accepts no liability for any technical disruption to the Sanitation Calendar. Although our technical support team makes every effort to ensure the smooth operation of the Sanitation Calendar, this cannot be guaranteed.
(9) Cancellation / Blocking of access
9.1 Both parties are entitled to cancel the contract of use of the Sanitation Calendar at any time without citing the reason for doing so. In the event of cancellation, the Operator is entitled but not obliged to delete any content produced by the User.
9.2 There is no obligation to publish contributions, neither for the User, nor for the Operator. After terminating the contract, claims of the User to receive the rights over the produced contributions are invalid.
9.3 In the event of a breach of these terms and conditions of use, the Operator is entitled to block the User’s access to the Sanitation Calendar either completely or partially with immediate effect.
(10) Changing/Publishing contributions
10.1 The Operator owns the editorial rights and is allowed to change and modify published contents.
10.2 The Operator is allowed to create further online services and to use, adapt and assign the published contents following the Operator’s comprehension and the structure of the online service.
(11) Amendments to the terms and conditions of use
11.1 The Operator reserves the right to amend these terms and conditions of use at any time without stating its reasons for doing so. Users will be notified of any changes.
11.2 If the User does not object to the amendments within two weeks of notification, it will be assumed that consent has been given for the amendments.
11.3 If the User objects to the amendments, the Operator is entitled to cancel the contract for use of the Sanitation Calendar without further notice.
(12) Severability Clause
If any provision of these terms and conditions of use shall be held invalid or unenforceable for any reason, the remaining provisions shall be held valid and enforceable.
(13) Applicable law and place of jurisdiction
13.1 The contract shall be governed by the law applicable in the Federal Republic of Germany.
13.2 If the User is a merchant, public legal entity or special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any dispute arising out of these terms and conditions of use shall be Frankfurt am Main.