Conditions for use of electronic applications
(1) The Federal Ministry of Finance and its employees do not accept any liability for damage (e.g. for direct or indirect damage, losses, expense, loss of anticipated profit, damage caused by an interruption of service, by the loss of programmes or data in the user’s information system, and so on) arising from the use of the Form Management System (FMS) or the web pages of linked third parties, unless the Federal Ministry of Finance or its employees are shown to have acted deliberately and with gross negligence. The exclusion of liability does not apply for damage arising from death, personal injury, or damage to health, or insofar as the regulations of section 839 of the German Civil Code in conjunction with Article 34 of the German Basic Law, apply. Furthermore, the Federal Ministry of Finance does not accept any responsibility for the topicality, correctness, completeness, or quality of the data collected, nor for the operation of, or the absence of errors from, the web pages of its FMS or the web pages of linked third parties.
(2) Where the user, as well as the Federal Ministry of Finance, has negligently contributed to damage, the extent to which the Federal Ministry of Finance and the user are liable shall be determined using the principles of contributory negligence.
(3) The Federal Ministry of Finance shall not be liable for damage suffered by the user arising from incorrect operation in contravention of the user manual. The Federal Ministry of Finance recommends that users read the manual before beginning to use the FMS, and to observe all directions in the manual when using the system.
(4) The Federal Ministry of Finance is not responsible for damage to users or third parties caused by so-called acts of God, riot, war or natural catastrophes, or by other events (such as hacker attacks, strkes and lock-outs, interruptions of traffic) for which it cannot be held responsible
(5) The Federal Ministry of Finance is not responsible for any damage arising from a third party having acquired the password and user ID.
2. Links and references
The Federal Ministry of Finance does not have any influence over the design or content of any pages to which it provides links, nor over the content of any communication among their users. The providers or operators of linked pages are responsible for their content. The Ministry checked the linked pages for potential infringements of the law at the time the links were made. At the time it did not identify any illegal content. The Ministry expressly distances itself from all content on any linked page among the FMS web pages, and from the content of communications transmitted between the users of the FMS web pages. The ministry does not assume ownership of such content.
3. Improper use of contact data
Information that has not been specifically requested may not be transmitted to the contact data – e.g. e-mail addresses, telephone and fax numbers – published on the Federal Ministry of Finance web pages.
4. Use of the FMS
(1) The exclusive purpose of the FMS is the recording of applications for action by the customs authorities pursuant to Directive (EC) No 608/2013 and for seizure at the border pursuant to national intellectual property rights regulations. Users are themselves responsible for the safety of their access data and the data they have saved. If a user loses his access data the Federal Ministry of Finance will not reactivate the access; the user will himself be responsible for the data he has acquired having become inaccessible in the FMS.
(2) Logging on with the FMS is by means of a user ID and a password. There is no further check on the identity of the user logging on.
(1) The Federal Ministry of Finance expressly reserves the right to amend, supplement, or delete the whole FMS service, or to temporarily or permanently discontinue publication. In that case the Ministry will endeavour to give notice several days in advance.
(2) The Federal Ministry of Finance does not guarantee that the FMS will be available to users on the Internet at any specific time. In particular, the Ministry does not offer any guarantee when there are FMS malfunctions, breakdowns, or failures. The Ministry does its best to ensure 99.5% availability. The Ministry tries to ensure that the time required for system maintenance is kept to a minimum, and that advance notification is given.
(3) Personal data recorded in ZGR-online are automatically deleted from the application data record 6 months after expiry of the application.
6. Changes to the conditions of use
The Federal Ministry of Finance reserves the right to change these conditions of use at any time. By using this web site the user agrees to have accepted such changes. To keep informed of the current conditions of use it is advisable to visit this website regularly.
Should one or several provisions of these conditions be or become ineffective, the validity of the remaining provisions shall not be affected. Any ineffective provisions should, rather, be replaced with effective provisions that come as close as possible to the original intent, on the basis of supplementary interpretation. A similar approach should apply to the closure of any loopholes.