GENERAL TERMS OF USE FOR CREMER CREW V.1.1 (status November 2024)
1. Scope and Subject
1.1. Peter Cremer Holding GmbH & Co KG, Glockengießerwall 3, 20095 Hamburg (hereinafter „PCH“) operates a social intranet under the URL https://crew.cremer.de, which enables companies of the CREMER group listed in section 1.2 (hereinafter „CREMER Companies“ or „CREMER Company“) as well as their own employees and employees of CREMER Companies (hereinafter „User“) to access an online platform and within this platform to communicate, to obtain information on other employees, professional contact data and other self-entered data of these employees and thus to promote cooperation within the group of companies, to better find and contact persons in charge and employees with certain skills and to improve cooperation in cross-company, cross-location and cross-national working groups (hereinafter "CREMER CREW").
1.2. Besides PCH, CREMER Companies include:
(1) Peter Cremer GmbH, Glockengießerwall 3, 20095 Hamburg
(2) CREMER OLEO GmbH & Co. KG, Glockengießerwall 3, 20095 Hamburg
(3) PRO LINE Shipping GmbH, Glockengießerwall 3, 20095 Hamburg
(4) Cremer OleoServ GmbH, Deichstraße 25A, 25436 Uetersen
(5) Mineralmahlwerk C. Welsch GmbH, Am Lippeglacis 11, 46483 Wesel
(6) IRS Stahlhandel GmbH, Bischofstraße 88. 47809 Krefeld
(7) Possehl Erzkontor GmbH & Co. KG, Beckergrube 38-52, 23552 Lübeck
(8) Deutsche Tiernahrung Cremer GmbH & Co. KG, Weizenmühlenstraße 20, 40221 Düsseldorf
(9) Gesellschaft für Tierernährung mbH, Düngstruper Straße 10, 27793 Wildeshausen
(10) Mineralfutter-Produktionsgesellschaft mbH, Alpenstraße 46, 87700 Memmingen
(11) Agrimpex Commodities Ltd., Hungaria krt. 166 (Hermina North Tower, 6th floor), 1146 Budapest
(12) Prime Molasses Ltd., 5C Business Park, 1 Concorde Drive Clevedon, Bristol BS21 6UH
(13) Peter Cremer Central Europe s.r.o., Hradiste 96/6, Ústí nad Labem-centre, 40001 Ústí nad Labem
(14) Peter Cremer do Brasil LTDA, Rua Comendador Torlogo Dauntre, 74-13° andar-Conj. 1301 CEP, 13025-270 Campinas SP
(15) Cremer Sofia Ltd., 45 Krum Popov Str., 1421 Sofia
(16) Peter Cremer (Singapore) GmbH, 19 Keppel Road - # 11-01/02, Jit Poh Building, Singapur 089058
(17) P.T. Peter Cremer Indonesia, Gedung Artha Graha Lt. 19/06, Sudirman Central Business District (SCBD), Jl. Jend. Sudirman Kav. 52-53, 12190 Jakarta Selatan
(18) Cremer (Wuxi) Manufacturing Co., Ltd. No. 39, Chun Hui Zhong Lu Xishan, Economic & Technological Development Zone, 214101 Wuxi, China
(19) Peter Cremer (Shanghai) Co. Ltd., Jing An Kerry Centre, 1515 Nanjing West Road Tower 1, Floor 22, Unit 2204, 200040 Shanghai
(20) Cremer y Asociados S.A., Güemes 275, 1641 Buenos Aires – Acassuco
(21) CREMER Vietnam Company Limited, Deutsches Haus, 12th floor 33 Le Duan, Dist. 1, Ho Chi Minh City
(22) Cremer Asia Trade Ltd., "3656/9 Unit A, 4th Fl Green Tower Building, Rama 4 Road, Klongton Klongtoey, Bangkok 10110"
(23) Cremer Erzkontor México, S.A. de C.V., Calz. Gral. Mariano Escobedo #476, Floor 12
Col. Nueva Anzures, Miguel Hidalgo, Mexico City, Zip Code: 11590
(24) POSSEHL ERZKONTOR HONG KONG LTD., Unit 901 - 903, 9th Floor
Tai Yip Building, 141 Thomson Road, Wanchai / Hong Kong
(25) Possehl Erzkontor do Brasil Ltda., Rua Com. Torlogo Dauntre, 74 SL 1311
Ed. Helbor Offices Norte Sul – Cambuí – Campinas/SP - Brazil
(26) POSSEHL ERZKONTOR ARGENTINA S.A., 1150 A.M. de Justo Av., Ofic. 205 B, C1107AAX - C.A.B.A., Buenos Aires / Argentinien
(27) Peter Cremer North America L.P., 117 Southside Avenue, Cincinnati, OH 45204
(28) POSSEHL ERZKONTOR N.A. INC., 3117 Southside Avenue, Cincinnati, Ohio 45204, USA
(29) H.F. Navigator GmbH, Kurze Mühren 6, 20095 Hamburg, Germany
1.3. These General Terms of Use (hereinafter "Terms of Use") shall apply to all services offered by PCH in connection with the provision of CREMER CREW to CREMER Companies and Users. They define the provision of CREMER CREW and the use of CREMER CREW by the Users.
1.4. The scope of functions and services of CREMER CREW is known to the User and is further defined in the support provided within CREMER CREW and in these Terms of Use. In addition, a User may access an online training course on how CREMER CREW works within the Support Community.
2. Registration as User
2.1. Registration as a User happens automatically by joining PCH or the CREMER Company with which the respective employment relationship exists (hereinafter „User Company“). The User will receive an initial password which they may use to log in to CREMER CREW for the first time. The login is the respective professional e-mail address of the employee, unless they were given a different user name together with the password (hereinafter „User name“).
2.2. After first-time login, the User must change the password and set an individual password. Once the password has been set, registration is complete. After completion of registration, the User can use the account created for them by entering their User name and password.
3. Provision services within the framework of CREMER CREW
3.1. PCH provides CREMER CREW and related services for use via the intranet exclusively for registered Users who are logged in with a User name and password (hereinafter: "Account Owner").
3.2. During the term of the Agreement and when logged in, the Account Owner shall be granted access to CREMER CREW to the extent provided by PCH.
3.3. PCH shall make CREMER CREW available 24 hours a day, seven days a week - however, the Account Owner shall have no right to claim usage insofar as CREMER CREW, parts of CREMER CREW or other products and/or services are provided to the Account Owner free of charge.
3.4. With regard to the provision of CREMER CREW, PCH shall take appropriate precautions against loss of data and to prevent unauthorised access by third parties to data stored by CREMER CREW.
3.5. PCH shall be entitled at any time, in so far as CREMER CREW, parts of CREMER CREW or other products and/or services are provided free of charge, to change CREMER CREW, parts of CREMER CREW or other products and/or services, to make new services available and/or to discontinue any provision free of charge. In doing so, PCH shall in each case take into account the legitimate interests of the Users. This shall not give rise to any claims, in particular no claims for use and/or compensation for damages of the Account Owner.
3.6. PCH reserves the right to block the User name as well as the password of the Account Owner upon termination becoming effective.
3.7. PCH shall be entitled to irretrievably delete all data of the Account Owner that have arisen in connection with the use of CREMER CREW after 30 calendar days from the effective date of a termination and after expiry of any statutory retention periods.
3.8. Any rights of use granted to PCH with regard to the content provided by the Account Owner remain unaffected by the termination.
4. Information retrieval via Pages at CREMER CREW
4.1. In CREMER CREW, information on various topics of CREMER Companies as well as other content is provided by PCH via individual websites (hereinafter "Pages").
4.2. An Account Owner has the possibility to subscribe to Pages and thus access the content provided therein (hereinafter "Subscriber"). For a Subscriber, the new content of the subscribed Pages also appears in the timeline of the account. In addition, the Subscriber will be informed of the publication of new content in the relevant Page by an alert symbol.
4.3. A subscription selected by the Account Owner may be terminated by the Account Owner at any time.
4.4. However, when issuing Pages, PCH may determine whether they are mandatory for certain Account Owners and whether there is a subscription without the Account Owner's choice. Such a subscription cannot be terminated by the Account Owner.
4.5. PCH can also define for which Account Owners certain Pages are visible.
4.6. Account Owners cannot create Pages. However, if an Account Owner wishes to create a Page on a specific topic, they can contact the PCH project team.
4.7. Within subscribed Pages, Subscribers can use a commentary function to express their own opinions and knowledge on the respective topics and content of the Page. Subscribers may not use the commentary function to harass, insult, injure the honour of or infringe the personal rights of other Community members. Furthermore, comments may only have job-related content and may not be used for private purposes. If a Subscriber violates this, PCH is entitled to delete the respective comments and to terminate the user contract without notice and to exclude the Account Owner of CREMER CREW.
5. Communities at CREMER CREW
5.1. CREMER CREW offers Account Owners the possibility to create working groups, so-called Communities. As creator of the Community, an Account Owner is automatically the Admin of the Community (hereinafter "Community Admin") and has the possibility to invite other Account Owners into the Community and to delete them from the Community, as well as to delete the Community itself.
5.2. When creating the Community, the Community Admin can also determine whether or not the Community is visible to all other Account Owners and whether other Account Owners can freely join or must be invited by the Community Admin to join.
5.3. In the case of visible Communities that are not freely accessible, other Account Owners can make a request if they wish to join, which is then decided on by the Community Admin. Invited Account Owners can choose whether they want to join the Community.
5.4. If an invited Account Owner has joined the Community or an Account Owner has joined a freely accessible Community or an Account Owner has requested to join and this has been confirmed (hereinafter: „Community Participant“), all content of the Community can be viewed and all other Community Participants and the Community Admin can also be seen. The Community Participant who has joined is then also visible to the other Community Participant.
5.5. A Community Admin can also appoint other Community Participants as Community Admins, so that they too can invite new Account Owners into the Community or delete them from the Community.
5.6. In a Community, a chat function can be used to contact other Community Participants and a Community Admin (hereinafter collectively „Community Members“), exchange information, upload documents and coordinate appointments.
5.7. If a Community Member posts protected content in the Community (e.g. graphics, trademarks and other content protected by copyright or trademark law), they grant PCH all rights necessary for the execution of the contractual agreement. This includes in particular the right to store and transmit the relevant content and to make it accessible to the recipient or other Users. In this context, the providing Community Member affirms that they have all the necessary rights to the content provided in order to grant PCH the corresponding rights. PCH expressly points out that the sharing and sending of texts, images, graphics or similar digital information is only permitted if this does not infringe the copyrights of other persons or organisations.
5.8. Each Community Member is obliged to comply with applicable law and all rights of third parties when providing content.
5.9. Each Community Member is solely responsible for all content and data provided by them. PCH does not check them for correctness or legality.
5.10. Each Community Member shall in particular not to post any content and data that is punishable by law or otherwise absolutely or in relation to individual third parties illegal, not to use the Community to offer goods or services, not to use it in connection with content that is pornographic, glorifies violence, abusive, immoral or violates laws for the protection of minors, and not to harass, insult, dishonour or violate the personal rights of any Community Member. Should a Community Member violate these provisions, PCH shall be free to delete the respective content and to terminate the use contract without notice and to exclude the Account Owner of CREMER CREW.
5.11. The initiator of the Community also has the task of checking and verifying the legality of content. If the initiator of the Community detects a violation of this, they should delete the corresponding content and notify the Community Member who provided the respective content.
5.12. Each Community Member may withdraw from a Community at any time.
6. Events at CREMER CREW
6.1. CREMER CREW offers Account Owners the possibility to create events. As creator of the event, an Account Owner is automatically the admin of the event (hereinafter: "Event Admin") and has the possibility to invite other Account Owners to the event and to delete them from the event.
6.2. When creating the Event, the Event Admin can also determine whether the Event is visible to all other Account Owners and therefore freely accessible (public) or whether the Event is not visible (private) and therefore other Account Owners must be invited by the Event Admin to enter the Event.
6.3. Invited Account Owners can choose to join the Event. If an invited Account Owner has joined the Event (hereinafter: „Event Participants“), all content of the Event can be viewed and also all Event Participants and the Event Admin can be seen. The joining Event Participant is then also visible to the other Event Participants.
6.4. In an Event, the name of the Event, location and other details of the Event can be specified by the Event Admin. An Event can be used to coordinate the dates of the respective Event.
6.5. An Event may also be used for private meetings, events or other private activities.
6.6. Each Event Admin is solely responsible for all data provided by them for the Event. PCH does not check this data for correctness or legality.
6.7. However, the Event Admin is obliged not to post any criminal or otherwise absolutely or in relation to individual third parties illegal content and data in the Event function. It is also prohibited to use Events for own commercial interests or to use them as advertising space for products or services. Should an Event Admin violate this provision, PCH shall be entitled to delete the Event and terminate the use contract without notice and to exclude the Account Owner of CREMER CREW.
7. Profile settings in CREMER CREW
7.1. In the profile settings of an Account Owner, the following data is already stored upon registration by the User Company: Name (first name, surname, title, salutation), business e-mail address, name of the User Company.
7.2. Each Account Owner may access and view the profile of any other Account Owner and use it for the other functionalities of CREMER CREW described above and for communication within the CREMER Companies.
7.3. Each Account Owner has the possibility to enter further personal data about themselves in the profile settings and also to upload an image file as a user photo. The entered data and the uploaded photo will then be visible to all Account Owners and all CREMER Companies and will be made available to them within CREMER CREW.
7.4. The selected user photo must not contain nudity, pornography or other obscenities or other punishable images or prohibited signs. If a user photo violates this, PCH has the right to delete this photo.
7.5. The Account Owner grants PCH all rights to the profile photo necessary for the execution of the contractual agreement. This includes in particular the right to store and transfer the relevant content and to make it accessible to other Account Owners. In this context, the Account Owner ensures that they hold all necessary rights to the photo provided in order to grant PCH the corresponding rights.
8. Other obligations of the User
8.1. The Account Owner is obliged to use CREMER CREW in a proper manner. Proper use means in particular the omission of any misuse, the omission of any violation of statutory provisions, the omission of any endangerment of the security precautions of the system as well as the obligation to keep passwords secret or to change the password immediately if there is any reason to fear that third parties will gain knowledge of the password.
8.2. The use of the account with CREMER CREW is solely reserved to the respective Account Owner. Use of the account by third parties is expressly prohibited. The Account Owner shall keep the access data including the password secret and shall not make them available to unauthorised third parties. If it is to be feared that unauthorised third parties have obtained or will obtain knowledge of the access data, the Account Owner must inform PCH immediately.
8.3. The Account Owner shall also be prohibited to copy data out of CREMER CREW or using data, in particular data relating to other Users, outside of CREMER CREW.
8.4. Each Account Owner is obliged to comply with existing data protection or confidentiality obligations.
8.5. Each Account Owner is obliged to treat other Users respectfully, not to make unlawful statements about the person of other Users and in particular not to make racist statements or incitements to violence against persons, institutions or companies.
8.6. If the Account Owner violates any of the aforementioned obligations of this clause 8, PCH shall be entitled to terminate the contractual relationship without notice and/or to block the user account and to delete it immediately.
9. Amendments to these Terms of Use
9.1. PCH is entitled at any time to change or amend the content of these Terms of Use and/or to make changes to the Licensed Material, subject to reasonable notice. If the Account Owner does not object to the amended Terms of Use within four weeks of receipt of the notification of amendment, but no later than the date on which the amendments are to take effect, the amendments shall take effect as notified.
9.2. If the Account Owner objects in due time, PCH is entitled to terminate the user contract at the time when the changed conditions are to come into force. The User's objection must be made in text form.
9.3. PCH shall only amend for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. A reduction of the scope of services is not permitted if services are affected which are subject to a charge for the Account Owner.
10. Limitation of liability of PCH
10.1. PCH shall not be liable for the operability of the data connection to the CREMER CREW server, in the event of power failures, lightning or damage caused by natural forces, or for performance restrictions or power failures caused by force majeure (war, environmental disasters, pandemics, etc.) or by events that regularly make performance significantly more difficult or impossible. This includes in particular strikes, lock-outs, official orders, the failure of communication networks and gateways of other operators, disturbances in the area of the respective line user as well as disturbances which are in the risk area of other network users.
10.2. In case of slight negligence, PCH shall only be liable for breach of essential contractual obligations (cardinal duties) and personal injury and in accordance with the provisions of the German Product Liability Act. Essential contractual obligations are those obligations whose fulfilment is necessary to achieve the purpose of the contract.
10.3. PCH shall be liable for damages for which it is responsible arising from injury to life, body or health pursuant to the statutory provisions and any liability under the Product Liability Act shall also remain unaffected.
10.4. Otherwise, the pre-contractual, contractual and non-contractual liability of PCH shall be limited to intent and gross negligence, whereby the above limitations of liability also apply in the event of the fault of a vicarious agent of PCH.
11. Term and termination
11.1. The term of a contract shall commence upon conclusion of the contract, is in principle unlimited, but can be terminated at any time with 14 days' notice.
11.2. The right to terminate this contract for good cause shall exist in particular if one of the parties breaches essential obligations under the contract.
11.3. Any termination shall require text form. Notice of termination by an Account Owner can be addressed to the Human Resources Manager of the User Company or directly to PCH, where we would ask to contact the Human Resources Department.
12. Final provisions
12.1. If these Terms of Use are or become incomplete or if individual provisions are or become impracticable or invalid, the remaining terms and provisions shall remain valid.
12.2. The impracticable provision shall be replaced by a practicable regulation whose effects are as close as possible to the economic objective pursued by the parties to the contract with the impracticable provision.
12.3. Insofar as provisions have not become part of the contract, are incomplete or invalid, the content of the contract shall be governed by the statutory provisions.
12.4. PCH will not store the contractual provisions. It is therefore recommended that the User carefully retains the displayed text of the contract. The contract data can be printed out or electronically saved using the print function of the browser.
12.5. The contracts concluded on the basis of these Terms of Use and any claims arising from them, of whatever kind, shall be governed exclusively by the law of the Federal Republic of Germany, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods and excluding German international private law.
12.6. The place of jurisdiction for legal disputes arising from this contract shall be the registered office of PCH, insofar as this can be legally agreed.