Legal

We grant you a non-exclusive, worldwide, non-transferable and non-sublicensable right, limited to the term of the contract, to use the Platform in accordance with the Terms. All other rights are reserved.

Suppliers grant us a non-exclusive, worldwide, unlimited licence to use all texts, photos, videos and other materials or content that they provide to us when using the Platform to the extent required for the performance of the contract. Suppliers assure that they are entitled to grant this right of use. In the event of any infringement of third party rights, we shall be entitled to an indemnification claim against the respective Supplier. We reserve the right to conduct our legal defense as we deem appropriate, even if a Supplier indemnify us. In this case, the respective Supplier agrees to cooperate with us so that we can execute our litigation strategy.

We strive to make use of our Platform as trouble-free and error-free as possible, although we are not obliged to provide the Platform at all times. We are entitled to temporarily restrict the use of our Platform at our reasonable discretion, provided that this is necessary with regard to security, integrity and capacity limits of the Platform or for technical purposes, for example maintenance work. We will take into account the legitimate interests of registered Users and will inform you about any limitation in due time.

Torg shall be a safe place without unlawful, misleading, malicious, or discriminatory conversations. Therefore, you are agree to comply with the following points when using our chat or any other Service:

• not to use our Platform to do anything unlawful, misleading, malicious, or discriminatory.
• not to bully, abuse, harass, stalk, demean, threaten or discriminate any User.
• not to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any User.
• not to solicit login information or access an account that belongs to someone else.
• not to intercept or monitor, damage or modify any communication which is not intended for you.
• not submit unauthorized or unsolicited commercial communications (such as spam) or any communication not permitted by applicable law at our Platform.
• not to collect content or information of any User, or otherwise access the Services, using automated means such as harvesting bots, robots, spiders, or scrapers without our permission, or non-automated means such as copy/pasting.
• not to do anything that could disable, overburden, or impair the proper working of our Platform, such as a denial of service attack.
• not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; not to utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in our sole discretion; not to adapt, modify or create derivative works based on Torg or technology underlying the Services, or any individual element within the Services, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained in the Services, without our express written consent.
• not to attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures, not to facilitate or encourage any violations of these Terms of Service.
• not solicit users from this platform for another competitor, in order to circumvent Torg's business model, in order to save fees or for any other reason.

We reserve the right to decide what behaviors fall into these categories and will make reasonable efforts to deny access to Users who do not comply with these Terms.

You acknowledge that Torg has no obligation to monitor your access to or use of the Platform or Services, but has the right to do so for the purpose of operating and improving the Platform and Services (including without limitation for fraud prevention, risk assessment, investigation and User support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

The use of our Service is free for Buyers. However, there are subscription plans available that offer extra features for buyers.

The use of our Service is subject to payment for Suppliers. The remuneration consists of a lead fee (“Fee”) which is based on the attractiveness of the request. However, there are also subscription plans or other services available that offer extra features for suppliers. The applicable Lead fee (in euros) will be shown to the Supplier in the RFI or RFQ before accepting the request. The Suppliers accepts the respective Lead fee by clicking the button to see the details about the request. Lead fees are not refundable.

Suppliers pay through their balance of credits. Suppliers may earn credits through different actions on the platform or purchase them. Credits do not hold any monetary value and cannot be redeemed or exchanged for cash.

All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Torg and its licensors. The Services are protected by copyright, trademark, and other laws of Germany and other countries. Nothing in the Terms gives you a right to use any of our trademarks, logos, domain names, and other distinctive brand features.

Torg is liable for intent and gross negligence. Further, Torg is liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the contractor may rely on. In the latter case, Torg is only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents. The aforementioned exclusions of liability do not apply in case of damage of life, body and health or in case of a warranty.

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TORG DISCLAIMs ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Services, will create any warranty not expressly made herein.

In general the contract to use our Platform runs for an indefinite period of time and begins with the conclusion of the contract. Each party may terminate the contract of use without good cause at the end of a calendar month with a notice period of 14 days. A termination in text form (for example by email) is considered sufficient. The statutory right to termination for good cause without notice remains unaffected for each party.

Termination of the contract of use shall have no effect on already existing claims to remuneration pursuant to Section 8.

We reserve the right to remove Products of a Supplier from the Platform in case the Supplier or Torg give notice of termination and there is a cause to do so.

We may amend these Terms insofar as this is necessary to adapt to developments which were not foreseeable at the time of conclusion of the contract and which we have not caused or cannot influence and the non-consideration of which would disturb the balance of the contractual relationship in a significant manner and insofar as essential provisions of the contractual relationship are not affected by this. We will notify you in text form (e.g. by email or letter) of any changes to these Terms or to the Services at least 30 days before they are scheduled to take effect. In the event of changes which are not solely in your favour, you are entitled to terminate the contract in text form (e.g. by letter or email) without observing a period of notice at the time the changes take effect.

Changes to these Terms or the Service will be deemed to have been approved if you do not object to them before they take effect. In the notification, we will point out in particular the beginning of the aforementioned period, the significance and the consequences of your non-objection.

Your privacy and your ability to control your data is very important to us. Any information that you provide to us is subject to our Privacy Policy [LINK], which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy [LINK]) of this information, including the transfer of this information for storage, processing and use by us.

The contractual language is English. All notices and other communications shall be made in English language.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, the Services for any third party that assumes our rights and obligations under this Agreement.

This agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, shall remain unaffected.

If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you are a merchant (Kaufmann) within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB), or if you have moved your permanent place of residence abroad after these Terms have become effective, or if your place of residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.