General Terms and Conditions

The website https://developer.metro-cc.com and its sub-domains (“Website”) is operated by METRON-NOM GmbH, Metro-Straße 12, 40235 Düsseldorf, Germany (“Metro”). With the Metro Developer Portal (“Developer Portal”), Metro gives registered users (“User”) the opportunity to access application program interfaces (APIs) of Metro which allows them to access Metro’s content to use it on their website, in their applications, widgets or other electronic media (“Services”) . Registration, access and use of the Developer Portal website at https://developer.metro-cc.com, including the relevant applications and tools provided by Metro, are subject to these General Terms and Conditions (“GTC”).

1. SCOPE

These GTC govern the use of the Website and the use of the Services provided. Access and use of the Website is subject exclusively to these GTC. User undertake that they will not use the Website for any purpose that is unlawful or prohibited by these GTC, such as but not limited to hacking or unauthorized access. By using the Website the User is fully accepting these GTC and disclaimers contained herein. Metro reserves the right to amend these GTC at any time without prior notice by publishing new or amended GTC on the Website. In this case, Metro will inform the User about the altered or new GTC. If the User does not accept the modified or new GTC, this agreement may be terminated by either party.

2. DEFINITIONS

API is an interface that a software system provides to be integrated into other programs.

API Content means any content (e.g. data) that is made available via the Developer Portal. This includes, in particular, any content that is offered via the API products of the Developer Portal.

API-Key is a digital key assigned by Metro to the User that ensures that applications are authenticated towards the Metro API.

API products are all APIs that can be used for selected content after successful registration on the Developer Platform.

GTC means these General Terms and Conditions

Metro means METRO-NOM GmbH, Metro-Straße 12, 40235 Düsseldorf, Germany

Services means the provision of the API(s) of Metro that allows Users to access Metro’s API content to use it on User’s website, applications, widgets or other electronic media.

User is a registered user.

Website means the Website https://developer.metro-cc.com and its sub-domains

3. REGISTRATION

Metro offers the Developer Portal on a voluntary basis. The User can access the Website itself without registration. Nonetheless a registration is required for access to Metro’s APIs. Registration is reserved for users who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. Each registration is carried out with the indication of a valid e-mail address. The sign-up allows Users get an API-key and to access METRO’s APIs.

Metro reserves the right to approve and reject the User’s application for registration at its own discretion without the need to provide any reasons. Any potential or actual conflict of interest regarding the User’s registration must be disclosed to Metro without undue delay (e.g. if the User is employed by or affiliated with a competitor of Metro). Registration and access to the Developer Portal requires Metro's approval and acceptance at all times.

The User must provide complete and correct information in connection with his registration. Throughout the term of his registration he is responsible for maintaining such information accurate and up-to-date. After a successful registration, the User will get an API-Key which ensures that applications are authenticated towards the Metro API. The API-Key is dedicated to a person or a corporation and consists of a Client ID and a Client Secret. It can be narrowed down to specific APIs. Many APIs can only be used with valid employee or customer login data.

The User is granted a limited, non-exclusive, non-transferable, revocable and non-sub licensable right to use the API-Key for the sole purpose of participating in the Developer Portal in accordance with these GTC. The Key itself is and will remain the property of Metro. It has to be kept confidential and the User is not allowed to sell, transfer, sublicense or otherwise disclose the key to any other person or for any other purposes. There is an obligation to immediately report any impairment or feared impairment of confidentiality to Metro without undue delay. Any circumvention or modification to the Key or other security mechanisms used by Metro in connection with the Developer Portal by the User is prohibited.

4. REGULATIONS

The User is responsible for activities that are carried out using his API-Key, regardless of whether the activity originates from him or from another person. The User may only use the API for the purpose agreed upon between the parties. He has to ensure that all content is provided in a valid data format and data encoding.

The User is prohibited from carrying out the following activities himself or to allow third parties to carry out the following activities:

  • reverse engineer, reconstruct, disassemble or decompile any object code of the Developer Portal, the Metro API, any Metro test data or any other data provided by Metro in connection with the Developer Portal (“Metro Content”)
  • attempt unauthorized access to, or use of, Metro’s services or systems
  • damage, disrupt, or otherwise negatively affect the operation of Metro’s services or systems
  • engage in any activity that prevents any other developer from using the Metro Content
  • use any robot, spider, site search or other application to retrieve or index Metro Content
  • collect information about other developers
  • introduce any viruses or malicious code
  • use of the API products and contents for the operation and promotion of illegal internet pages and systems, in particular applications with racist, xenophobic, violent, seditious, pornographic, immoral or inhumane contents. Furthermore, contents that could incite others to commit criminal, immoral acts and contents, which could have negative effect on the development or upbringing of children and youth

Users may only use the API Contents within the scope of the Services provided by Metro, as described in Sec. 2. Any further use is prohibited, e.g. Users are strictly prohibited from storing the API contents delivered by Metro to a customer of Metro beyond what is technically necessary for the retrieval and delivery of Metro’s contents by and to Metro’s customer. In particular, Users are prohibited from storing the prices for goods offered by Metro to its customers and/or informing other customers of Metro of these prices, e.g. in the context of price comparisons.

5. INTERACTION WITH THE USER

Metro reserves the right to contact the User by using the information provided upon registration in order to achieve a continuous improvement in the simulation for programming of the API development and to validate the reasons for certain access procedures within the portal.

6. MODIFICATIONS AND FEES

Metro may modify, limit the access to API Products and Contents, discontinue the Developer Portal and the related API Products and Contents at any time without prior notice and without liability.

Since Metro may publish later versions of the licensed API products and content, the User of the developer portal is obliged to obtain and use the latest version in each case. Although the API products and contents are currently provided for free, Metro may charge a fee for the use of said products in the future. If Metro chooses to do so, it will inform all Users in advance.

7. INTELLECTUAL PROPERTY

The Developer Portal is and remains the property of Metro and is protected by applicable intellectual property laws. The User is granted the non-exclusive, limited, non-transferrable, non-sublicensable and revocable right to use the Developer Portal for the term of his registration in accordance with these GTC. Further, the User is granted the non-exclusive, limited, non-transferrable, non-sublicensable and revocable right to use the API Contents for the purpose of presenting the API Contents within the User's website, applications, widgets or other electronic media.

For the sole purpose of operating the Developer Portal, Metro is granted a limited and non-exclusive right to use the object code that the User uploads to, or programs on, the Developer Portal.

In the event that Metro is interested in the content created by the User on the Developer Portal, Metro may contact the User and suggest additional provisions for further evaluation of such content.

8. CONFIDENTIALITY

Any confidential information in connection with the Developer Portal has to be treated with strict confidentiality and may not be disclosed to third parties. “Confidential Information” means all Metro information that is labeled as such or would be treated as confidential by any reasonable third party. The User hereby agrees to treat the confidential information with the same care with which he would treat his own confidential information and to protect it from access by unauthorized third parties. This obligation shall continue for a further two years after the end of the registration to the portal.

9. OPINIONS

Opinions expressed on the portal may differ from those expressed in other documents published by Metro. All opinions are subject to change without notice. Any comments made by Metro are for information purposes only. They are issued without any legal obligation whatsoever. Metro does not guarantee the accuracy, completeness or appropriateness of the information in connection with this Portal.

10. LIMITATIONS OF LIABILITY

The Developer Portal and Metro content are provided on an “as is” basis. Metro disclaims all warranties and does not make any representations concerning the content offered on the Developer Portal. Metro does not warrant that the API Products and Contents meet the requirements and expectations of the User or that the results of the use are effective, correct or reliable or that errors and defects in the API Product and Contents will be corrected. Individual API products or Content may be missing or may be partially unavailable for certain countries or certain languages.

The use of the Developer Portal is at the User’s own risk. This means that the User may use and access the API products and content as he sees fit. He is solely responsible for any damage to his computer system or loss of data resulting from the use of or access to API products. The User has also the sole responsibility for the implementation of the API and for the installation, operation and maintenance of its application.

Metro assumes liability for damage caused by intent or gross negligence, damage resulting from a culpable injury of life, body or health, in addition to damage resulting from a breach of duty which at least results from slight negligence, the said duty being of fundamental relevance for the achieving of the purpose of the contract (cardinal duty). With the exception of the liability for intent and culpable injury of life, body or health, the compensation liability is restricted to the damages which are deemed to be typically foreseeable. In all other cases, the assertion of claims for compensation against Metro is excluded, irrespective of the legal basis. In as far as the liability of Metro is excluded or restricted in accordance with the foregoing provisions, this also has validity for the personal liability of Metro’s employees, representatives and vicarious agents. The liability in accordance with the German Product Liability Act remains unaffected.

11. INDEMNIFICATION

The User undertakes to indemnify Metro and its representatives, employees and vicarious agents against all liabilities, payment obligations, claims, costs, legal disputes or liability claims arising from or in connection with the User's conduct within the Developer Portal and the use of API products and contents, in particular from the violation of these GTC. This also applies to any violation of industrial property rights or other rights or data provisions of third parties. If a third party misuses API Products and Contents and this misuse was facilitated by the User’s failure to take suitable measures for the protection of the user name and password against such misuse, the User hereby agrees to indemnify Metro of all of the above mentioned damages.

Metro rejects any liability for the contents uploaded by the User, who is solely responsible for that content. By using the Developer Portal, the User warrants that he has the intellectual property rights to all contents uploaded to or programmed by him on the developer portal and that the intellectual property rights of third parties are not infringed by the content. Should a third party assert claims against Metro due to an infringement of its intellectual property rights or other rights by the content or material used by the User in connection with the Developer Portal, the User shall indemnify and hold harmless Metro from all costs and damages arising in this context.

12. TERMINATION

The registration of the User and his access to the Developer Portal and Metro content can be terminated by Metro at any time without prior notice or explanation. In case of a violation of these Terms and Conditions, the registration terminates automatically. The rights granted under these Terms and Conditions automatically expire upon termination of the registration for any reason whatsoever and the products and contents received by the User via the Developer Portal must be deleted from his applications immediately. API keys can be invalidated centrally by the Developer Portal Team

13. SEVERABILITY CLAUSE AND JURISDICTION

Should any provision of these GTC be or become invalid, illegal or unenforceable in full or in part, the validity, legality and enforceability of the GTC as a whole shall remain unaffected. The invalid, illegal or unenforceable provision must be replaced by a valid, legal or enforceable provision within the context of the remaining contractual interpretation which corresponds to the economic intent and purpose of these rules as a whole. Until the invalid, illegal or unenforceable provision is replaced, the German legal provisions shall apply.

For companies or in case the User is a merchant, the place of jurisdiction shall be Düsseldorf, Germany. The same applies for non-merchants to the extent that may be agreed under German law, in particular, if the User’s domicile or habitual place of residence is in another country or his place of residence is unknown. These Terms and Conditions are subject to German law under exclusion of the UN Convention on the International Sale of Goods (CISG).