Terms of Use for waitro.org 

1. Scope of application, changes 

1.1  These terms of use apply to the website and the application process to become a WAITRO Member on waitro.org. The user agreement shall be concluded between authorized organizations (hereinafter “user”) and the WAITRO Office China

c/o Jiangsu Industrial Technology Research Institute
7 Huafu Road,
Jiangbei New Area,
Nanjing, P.R. China 210031
www.jitri.cn

1.2  Membership shall be granted exclusively to organizations authorized by WAITRO. 

1.3  WAITRO reserves the right to change these terms of use at any time if this becomes necessary due to changes in legislation, case law and/or economic conditions and/or due to any loopholes that may emerge in these terms of use; any such changes shall also become effective for any users who have already registered. If these terms of use are changed, the user shall be informed via email in good time. The email shall contain these terms of use with the changes highlighted for the user to see. The user shall then be given the opportunity to object to the changes within 14 days of receiving the email. If the user does not object to the changes and continues to use the members’ area after the objection period, the user shall be deemed to have accepted the changes from the end of this period. This legal consequence shall be explicitly pointed out to the user in the email. If the user objects to the change within the two-week deadline, WAITRO shall be entitled to exclude the user from utilizing the services. 

2. Subject of user agreement, services

2.1   WAITRO offers authorized organizations (hereinafter “user”) the opportunity to register to apply to become a WAITRO Member on the waitro.org website. 

2.2   Such an account can be created by an authorized legal person (organization). A legal person may only register on WAITRO if it has been appropriately authorized by WAITRO.  

2.3   WAITRO membership is free of charge. WAITRO reserves the right to prohibit organizations from becoming a member at any time without having to state its reasons for doing so. 

2.4   WAITRO shall aim to ensure the highest possible availability of the services. As the continuous, uninterrupted availability of the services cannot be guaranteed, however, this shall not be owed by WAITRO. The availability of the services may be temporarily interrupted, particularly as a result of necessary maintenance work, updates or force majeure. 

2.5   The user shall not be entitled to ask  WAITRO to hand over the software behind waitro.org or to transfer the rights to such. The intellectual property of the software is held exclusively by the WAITRO. The user shall only be entitled to use the system and software for the intended purpose during the term of the contract. 

3. Registering to become a WAITRO member

3.1   An organization can register on waitro.org to apply for  WAITRO membership. The following information must be provided during registration: 

  • Company (organization) 
  • Acronym of the organization 
  • Address 
  • First and last name of the contact person and deputy 
  • Number of employees within the organization 
  • Email address contact person and deputy

4. Any other information is optional Content

4.1   The user agrees to refrain from posting any illegal content. In particular, the user shall not post any content which may… 

  • … be construed as offensive, discriminatory or obscene; 
  • … incite others to commit criminal offences; 
  • … be harmful to minors; or 
  • … violate copyrights, trademarks, personal rights or other third-party rights.

4.2   The user shall indemnify WAITRO against any claims asserted by third parties due to or in connection with such content. 

4.3   WAITRO shall be entitled to completely, partially or temporarily stop providing the content if it violates applicable law, particularly third-party rights. 

4.4    By posting copyrighted or other protected content on the company website, the user shall grant WAITRO a free, non-exclusive right to use the content without limitation to any specific time or place. In particular, WAITRO shall obtain the right to… 

  • … permanently or temporarily reproduce all or part of the content by any means and in any form; and 
  • … publish the content using wired or wireless technology, even in such a way that the works are available to members at a time and in a place of their choosing. 

The user shall assure the continued existence of the rights granted to WAITRO. The user shall also assure that the content is unencumbered by third-party rights. 

 5. Other obligations of the user 

5.1   The user agrees to refrain from misusing waitro.org. In particular, the user agrees to refrain from using waitro.org in a way that might violate these terms of use, applicable law, third-party rights or the principles related to the protection of minors. 

5.2   The user is strictly prohibited from using waitro.org with any programs, algorithms or other software that may prevent the system from working properly. In particular, the user must not take any measures that may put an unreasonable or excessive load on the infrastructure of waitro.org and/or may interfere with such. 

6. Consent to information material 

6.1   By becoming a WAITRO member, the organization agrees to be included in the WAITRO e-mail distribution list. 

6.2   The member, the contact person and deputy contact person agree that WAITRO will regularly provide them with information about selected topics concerning WAITRO, such as elections or other relevant internal news. 

7. Use of the logo

7.1    The member agrees that WAITRO may display their name, website and logo of the waitro.org website for advertising purposes. 

7.2    The user shall grant WAITRO a free, non-exclusive right to use the logo without limitation to any specific time or place. In particular, WAITRO shall obtain the right to… 

  • … permanently or temporarily reproduce all or part of the logo by any means and in any form; and 
  • … publish the logo using wired or wireless technology, even in such a way that the works are available to members at a time and in a place of their choosing. 

The user shall assure the continued existence of the rights granted to WAITRO. The user shall also assure that the content is unencumbered by third-party rights.

8. Contractual term, termination

8.1    The user agreement shall begin when the member has officially been accepted as a WAITRO member by  the WAITRO Secretariat. 

8.2    Each member may terminate the user agreement and the WAITRO membership at any time by sending an email to the WAITRO Secretariat.

9. Liability of WAITRO

9.1    WAITRO shall be fully liable for intent and gross negligence. In the event of simple negligence, WAITRO shall only be held liable for any damage resulting from injury to life, limb or health, as well as any damage resulting from the violation of an essential contractual duty (an obligation which must be observed to enable the proper execution of the agreement in the first place and on the observance of which the contractual partner may regularly depend). 

9.2    If  WAITRO violates any of its essential contractual duties in a simply negligent manner, its liability shall be limited to the typically foreseeable degree of damage. 

9.3    WAITRO shall not be held liable beyond this scope. In particular,  WAITRO shall not be held liable for the loss of any data posted in the system. 

9.4    Waitro.org contains links to websites and online services provided by third parties. These links are purely intended as a service for the user. Despite carrying out careful checks, WAITRO shall assume no liability for the content of external links. The operators of the linked pages shall be solely responsible for their content. 

9.5    The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of WAITRO. 

10.Electronic communication 

10.1   The user explicitly agrees to communicate with WAITRO by electronic means, particularly via unencrypted email. The user is aware that unencrypted emails only offer a limited degree of security and confidentiality.

10.2    The user must ensure that the email address provided during the registration process is correct, so that any emails sent by WAITRO can be received at this address. When using spam filters, the user must particularly ensure that all emails sent by WAITRO can be delivered.

11. Data protection

WAITRO shall comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). More information on data protection can be found in WAITRO’s privacy statement, which can be viewed here: waitro.org/privacy.

12. Final provisions

12.1   The only language available for the contractual relationship is English.

12.2  If individual provisions in these terms of use, including this clause itself, prove to be fully or partially ineffective in the present or future, this shall have no bearing on the effectiveness of the remaining provisions. Any ineffective or missing provisions shall be replaced by the respective statutory regulations.