General terms of use of IFS Management GmbH for the IFS Consultant Evaluation Portal

§ 1 Preamble

The purpose of IFS Management GmbH is to conduct the business activities in relation to the International Featured Standards ("IFS"). In this context, the "IFS Recognized Consultant" was introduced, offering consultancy services in connection with the implementation of IFS Standards. These consultancy services may be used by retailers, industrial companies, service providers as well as IFS certification bodies ("Customers").

To enable the evaluation of consultancy services provided by so-called “IFS Recognized Consultants”, IFS Management GmbH operates an evaluation portal ("IFS Consultant Evaluation Portal") on its website www.ifs-certification.com ("IFS Website"). This allows Customers of “IFS Recognized Consultants” who are registered on the IFS Website to evaluate the consultancy services provided by these “IFS Recognized Consultants”. Such evaluation shall consist of ratings and individual comments. In return, “IFS Recognized Consultants” shall have the option to comment on the evaluations submitted.

Customer’s' evaluations as well as comments entered by IFS Recognized Consultants shall be published anonymized on the IFS Website and can be viewed by all visitors to the IFS Website.

§ 2 Validity

These general terms of use shall be valid for all entries on and other uses of the IFS Consultant Evaluation Portal. Any provisions that differ from these terms of use shall not be accepted, unless expressly confirmed in writing by IFS Management GmbH.

Customer accepts these general terms of use by logging in to the IFS Consultant Evaluation Portal. A log in is only possible if Customer is already registered in the IFS Database as a retailer, industry/service provider or IFS certification body.

Customer shall check these general terms of use from time to time and take note of any changes.

§ 3 Evaluations

3.1. Evaluations published on the IFS Consultant Evaluation Portal are submitted by Customer who has received consultancy services from IFS Recognized Consultants. Evaluations are part of Customer’s freedom of expression.

3.2. The Customer undertakes

not to submit any false and/or inappropriate evaluations and/or statements about the IFS Recognized Consultant, the consultancy services or any other circumstances relating to the IFS Recognized Consultant;
not to post any links to external content.

3.3. IFS Management GmbH reserves the right to remove any content from the IFS Consultant Evaluation Portal which violates criminal or civil law or which is contrary to accepted principles of morality or to the reputation of IFS Management GmbH. The Customer shall not be entitled to any claims in this regard. In addition, IFS Management GmbH reserves the right to bring claims for damages against the Customer and report any activity that may be linked to a criminal offence.

3.4. The Customer agrees that his or her evaluations may be edited and/or shortened.

3.5. The Customer shall indemnify IFS Management GmbH against any claims which IFS Recognized Consultants may assert as a result of the Customer's evaluations. This includes any legal costs incurred by IFS Management GmbH.

§ 4 Transfer of rights

4.1. The Customer guarantees that he or she owns all rights to his or her evaluations. Customer shall indemnify IFS Management GmbH against any claims (including legal costs) asserted by third parties as a result of an infringement of their rights due to the Customer's evaluations.

4.2. The Customer shall transfer to IFS Management GmbH the irrevocable and transferable right to publish the evaluation on the IFS Website. Furthermore, the Customer shall transfer to IFS Management GmbH all ancillary rights in connection with the publication including – but not limited to – the right of reproduction, distribution and broadcasting.

§ 5 Rights of IFS Management GmbH

All content published on the IFS Website and the IFS Consultant Evaluation Portal (e.g. the IFS word/design mark, software, texts, other features, images and illustrations) shall be protected. The content is not allowed to be used in any way. This also includes the integration and presentation of such content on third-party websites, unless IFS Management GmbH has given its prior written consent to this.

§ 6 Data protection

Any personal data Customer provides to IFS Management GmbH via the IFS Consultant Evaluation Portal shall be used in accordance with the privacy policy of IFS Management GmbH. Please click here to view our privacy policy.

§ 7 Suspending Customer access/removal of evaluation

In the event of an infringement of the general terms of use, IFS Management GmbH reserves the right to change or remove the Customer’s evaluation without informing the Customer. In this case, IFS Management GmbH shall also be entitled to permanently suspend Customer's access to the IFS Consultant Evaluation Portal.

§ 8 Changes to the IFS Website, the IFS Consultant Evaluation Portal and the terms of use

8.1. IFS Management GmbH shall be entitled to make changes to the IFS Consultant Evaluation Portal, the IFS Website and the general terms of use at any time without the consent of Customer.

8.2. Any changes made to the general terms of use shall be announced through the publication of the current version on the IFS Website and shall therefore be deemed received. There is no obligation to communicate such changes to the Customer.

8.3. To continue using the IFS Consultant Evaluation Portal following changes made to the general terms of use, the Customer must give his or her consent to the changes made to the general terms of use by clicking on the respective link and/or the check box provided for this purpose.

§ 9 Email communication

By logging in to the IFS Consultant Evaluation Portal the Customer gives his or her express consent to receiving emails from IFS Management GmbH at the email address provided by the Customer.

§ 10 Exclusion of warranty and liability

10.1. IFS Management GmbH shall not be liable for the availability of the IFS Consultant Evaluation Portal.

10.2. IFS Management shall not be liable for transmission errors or similar issues. Any risk of transmitted data being lost or changed shall be borne by the Customer.

10.3. IFS Management GmbH shall not be obliged nor able to check whether the content provided on the IFS Consultant Evaluation Portal is complete, correct and up to date or meets any other quality requirements, and shall therefore take no responsibility for it. The publication of content on the IFS Consultant Evaluation Portal shall not be regarded as advice and/or consultancy services. The use of such content shall be at the user's own risk.

10.4. The general exclusion of liability of IFS Management GmbH shall apply in connection with the IFS Consultant Evaluation Portal. Please click here to view the exclusion of liability.

§ 11 Final provisions

11.1. These general terms of use and the legal relationship between IFS Management GmbH and the Customer overall shall be governed by the law of the Federal Republic of Germany; the UN Convention on the International Sale of Goods (CISG) shall not apply.

11.2. The place of jurisdiction for any disputes arising from or in connection with these general terms of use as well as the legal relationship between IFS Management and the Customer shall be Berlin. IFS Management shall also be entitled to bring an action against the Customer at his or her general place of jurisdiction.

11.3. If any provisions and/or essential parts of these general terms of use are or become ineffective, in part or whole, the remaining provisions shall continue to have full effect. The ineffective provisions shall be replaced by a clause which would have been agreed by the parties to achieve the same (business) results if they had been aware of the ineffectiveness of the provisions.

Berlin, October 2017
IFS Management GmbH