Terms and Conditions
General Terms and Conditions of Use for the AHEAD Platform
The General Terms and Conditions of Use as set out hereinafter shall apply as between Messe München GmbH, Messegelaende, 81823 Munich (hereinafter referred to as "MMG"), and the business enterprise or any other commercial user (hereinafter also referred to as "User") in respect of the utilization of the AHEAD Platform (hereinafter also referred to as the "Platform"). These General Terms and Conditions of Use can be downloaded and stored from here.
Any terms and conditions of business which may be contrary to, or deviating from, these General Terms and Conditions will not be recognized unless MMG shall have given its express written consent.
The offers and services of the AHEAD Platform are not aimed at consumers.
2. Registration; Acceptance into the Platform
2.1 Acceptance into the AHEAD Platform will be effected for all business enterprises participating as exhibitors in an MMG trade fair which have been notified to this effect in the General Terms and Conditions of Participation, Section B. After being admitted to a trade fair, a profile will be created including the necessary information about such business enterprise. Prior to publication of the profile (as a rule, 2 weeks in advance), the respective business enterprises will be informed by e-mail and given the opportunity to object to such publication, or to activate the profile.
2.2 Acceptance into the AHEAD Platform may also be effected by a user (a business enterprise or other commercial user) contacting MMG and sending an e-mail to firstname.lastname@example.org. Such User will then be sent a URL and access data. In the event of business relations previously existing between MMG and User, corporate information may have already been deposited at the Platform.
2.3 To the extent that MMG may offer a registration process for the AHEAD Platform, users (business enterprises or other commercial users) will be able at any time to register with the Platform and create a profile.
2.4 Depending on the function range of the AHEAD Platform, User may, within the framework of the registration process or within the self-service section, provide corporate information or content, and modify or adapt the same if appropriate. In the course of the registration process or within the self-service section, User shall tick the checkbox saying, "By joining I agree to the Terms & Conditions of Messe München GmbH" and, if applicable, click on "Create account". User thereby confirms that he/she has been legally authorized to carry out the respective acts, in a legally effective manner, on behalf of the business enterprise so registered. Should this not be the case, any liability toward MMG for damage sustained and expenses incurred shall rest with the person making the registration. In any such case, MMG hereby reserves the right to exclude such User from the Platform.
2.5 MMG will, if applicable, send to the e-mail address filed during registration an acknowledgment e-mail from which the account can be activated by clicking on a link contained therein.
3. Subscription Models and Prices
MMG makes the AHEAD Platform available free of charge or in the form of a chargeable subscription model. The service range of each type of subscription, as well as prices, can be obtained from the Annex - Subscriptions and Prices.
4. Term and Termination; Accounting and Payment Terms
4.1 The free-of-charge subscription to use the Platform will run for an indefinite period, and may be terminated at any time.
4.2 Chargeable subscriptions will have a term of 12 months each and may be terminated giving three months' notice to the end of the term; otherwise, the subscription will be extended for another 12 months in each case. A subscription may be upgraded at any time (i.e. by selecting a subscription at a higher price). The original term will continue to apply in the event of such an upgrade.
4.3 Accounting will be carried out monthly. In the event of a contract not being concluded on the first day of a calendar month, the fee to be paid in respect of the first month shall be calculated on a pro-rata basis according to the number of remaining days in the month, beginning on the day following the date of provision of the Platform.
4.4 The fee for each month will be due for payment in advance on the third working day of each month. In respect of the first month of the rental period, the fee will be due for payment within 14 days of invoicing.
4.5 Default interest shall amount to eight percent (8%) above the current base lending rate.
4.6 Furthermore, a contract may be terminated for due cause by either of the Contracting Parties without meeting a deadline.
4.6 Notice of termination shall be in writing.
4.7 In the event of termination, User shall cease using the Platform. MMG will, within a reasonable period and without prior notification of User, irrevocably delete User's contents and data on the Platform.
5. Functions and Structure of the AHEAD Platform
On principle the following functions are available on the AHEAD Platform. The range of functions offered by MMG may vary depending on the format of an offer. The functions will be developed further and adapted on a continual basis. Within the framework of the further development and management of the offer, MMG will have the right to modify, extend, or omit individual functions and the structure as long as their purpose and their objectives are not substantially impaired.
- Home Screen
The home screen will display announcements and the dates of trade fairs and events, as well as solutions by business enterprises that have been newly added to the Platform.
- Company and User Profiles
Company profiles may inter alia offer information about a business enterprise, logos, and other contents, as well as contact details or names of employees. The function range will depend on the individual subscription model chosen. The user profiles -- i.e. the profiles of the other commercial users -- are designed primarily for establishing contact with business enterprises and learning about their solutions and services. The function range of a user profile will be less than that of the corporate profiles. The Platform may provide the following functions in particular:
○ Solutions: As part of the profile, products and services of a business enterprise can be presented as "solutions", and advertised using images and videos.
○ Events: A business enterprise may draw attention to participation in events and functions.
○ Partners & Brands: A corporate profile may integrate a company's own brands. Other companies may be named as "partners" on the Platform. A partner shall have given its consent to such naming.
○ Customer Opinions / Testimonials: A corporate profile may display customer opinions or testimonials which may, for instance, include recommendations by other business enterprises or customers. Information must include the company name as well as the position and name of the person. The information must be truthful, and shall not be misleading or otherwise in breach of laws or third-party rights.
○ Downloads: A corporate profile may provide download facilities. Downloads must relate to the company, and to the products and services of the company.
○ Making Appointments: Other users may use the button "Schedule a meeting" to make an appointment with the company. A calendar will appear from which users may select a suitable time slot, as well as the type of contact (e.g. phone, video-conferencing).
○ Business Match Maker: The Business Match Maker will enable users to find optimal solutions to their entrepreneurial challenges on the Platform.
- List of Business Enterprises and Solutions
On the "Companies & Solutions" site, business enterprises and solutions may inter alia be searched and displayed by category, name, country, or tag. Insofar as the format of an offer includes offers of subscriptions, the search results listed toward the top will have been paid for, and marked as "advertisements" or similar.
On the "Events" site, events and functions held by business enterprises and MMG are listed in accordance with various subject matters. In this respect, corporate events and functions shall be marked in such manner as to render a business enterprise recognizable as an organizer in its own right.
6. Data Protection and Privacy
Protecting your privacy and your data is especially important to us. In our Data Privacy Statement you will find detailed information about how we protect and process personal data. The corporate profiles lodged with the Platform can be viewed by the general public, i.e. by anyone. User profiles can be viewed only by other users of the Platform.
7. User Obligations
7.1 Up-to-Date Status and Accuracy of Information; Account Utilization; Access Data
- User represents and warrants that the information deposited with the profile is accurate and complete. User will be under an obligation to keep the information up to date.
- An e-mail address may be used only once on the Platform.
- The access data shall not be forwarded to unauthorized third parties, and shall be adequately protected from unauthorized access. It is recommended that the access data be altered at regular intervals.
- User, or the company whose name has been deposited, will be liable for any unauthorized utilization of the account. MMG will assume no responsibility for any loss or misuse of access data. User will be required to inform MMG immediately of any misuse of access data.
7.2 Contents; Data Mining; Links
- The contents and information in the profiles and on the Platform shall not infringe any laws or third-party protective rights (in particular copyrights, trademark rights, or provisions of competition, criminal, or data-protection law), and shall not offend common decency, public order, or any special rules applicable to certain professions or product groups; in particular, they shall not contain any false or misleading information.
- The use of any resources for data mining, robots, or similar methods to collect or evaluate data on the Platform, or the aggregation, copying, or reproduction of contents shall be prohibited. User shall not utilize any of its own tracking functions or interactive elements.
- Any publication of contents being access-restricted or password-protected, or containing hidden websites or images, shall be prohibited.
- Contents on websites linked by users shall in particular meet the requirements laid down in this Clause 6, and may be linked only to a user's own websites or social-media channels.
8. Liability and Content-Related Utilization Rights; Indemnification
8.1 MMG assumes no liability for contents uploaded or inserted by users and, in particular, hereby rules out any liability for the accuracy and completeness of the information provided, or of the contents placed, by users.
8.2 User represents and warrants that no contents placed by User will be in contravention of Clause 7 of these General Terms and Conditions of Use, that User will be entitled to all utilization rights required for the use of the contents in each form of use on the Platform, and that User has the right to grant MMG the utilization rights to the contents to the extent that this may be necessary for the purpose of operating the Platform.
8.3 User will upon first request indemnify MMG against any claims asserted by third parties on the grounds of any infringement of the preceding clause or Clause 7, and will reimburse MMG for the reasonable costs of legal defense.
9. Rights to Contents on the Platform
In respect of any contents created by users on the Platform, User will grant MMG unlimited, irrevocable, and assignable utilization rights pertaining also to excerpts or edited items, to the extent that this may be necessary for utilization on the Platform. A registered user will be responsible for possession of the necessary rights to the contents inserted by such user.
10. Non-Compliance by Users with Obligations; Restrictions of Use
10.1 In the event of any violation of the obligations referred to in Clauses 6, 7, or 8 hereof, or of any other obligations arising from the owner-and-user relationship, MMG reserves the right to take reasonable measures against the respective users such as, in particular, barring users from the utilization of the Platform and terminating the contract, restricting or suspending such utilization, or blocking or deleting contents.
10.2 The right to assert any further-reaching claims, in particular claims to damages, as well as the agreements relating to the term of a subscription and the obligation to pay fees, will remain unaffected hereby. No reimbursement will be made.
11. Exclusion of Liability; Warranty
Liability for Damage
11.1 MMG will be liable only for damage caused intentionally, or in a grossly negligent manner, by MMG or its legal representatives or vicarious agents, or based on the violation of essential contractual obligations (i.e. obligations whose fulfillment will make the proper implementation of the contract possible in the first place, where a user can, and is entitled to, trust that such obligations will be complied with). Any existing liability will be limited to such foreseeable damage as may be typical of the contract.
11.2 Any liability existing under the Product Liability Act or arising from a violation of life, physical integrity, and health will remain unaffected.
11.3 In other respects, liability shall be ruled out.
Availability of the Services
11.4 The availability of the services will on principle not be guaranteed. Any liability for Platform outages or loss of the services offered shall be ruled out.
No Liability and Warranty for Contents or Solutions
11.5 MMG will not review or check any information, contents, or solutions located on the Platform. MMG hereby excludes any and all warranty in respect of the accuracy, completeness, and topicality of the contents and information, as well as in respect of any functionality of the products and services advertised or offered on the Platform.
12. Termination of Utilization; Deletion of Account
12.1 The utilization of the account may be terminated at any time. The obligation to pay an agreed fee will remain unaffected.
12.2 An account may be deleted at any time, such deletion being initiated by a user sending an e-mail to email@example.com. In any such case, all information and data provided, and all contents inserted, will be irrevocably deleted within a reasonable period. The obligation to pay an agreed fee will remain unaffected.
12.3 In the event of a basic entry being created automatically on the AHEAD Platform by MMG, the data will be deleted in accordance with the following rules:
- The data will be deleted two months after release of the Platform for utilization if the info e-mail message relating to the creation of the basic entry has been sent chronologically after the date of a trade fair and User has not activated the account.
- The data will be deleted two months following the date of a trade fair if the info e-mail message has been sent prior to the date of a trade fair, if User has been made aware of the portal in the General Terms and Conditions of Participation, Section B, and if User has not activated the account.
12.4 Any basic entry will in any case be deleted if User objects to publication.
12.5 MMG will delete an account if the same has not been used continuously for a period of twelve months. In any such case, the respective company will be notified of such deletion with a reasonable lead time being observed. The deletion will also result in the cessation of an obligation to pay any fee. There will be no offsetting or reimbursement.
13. Amendments; Applicable Law; Legal Venue; Miscellaneous
13.1 Amendment of Terms and Conditions of Use
MMG reserves the right to amend these Terms and Conditions of Use at any time and without stating reasons to the extent that such amendment is reasonable for User. Any non-essential amendments will be deemed reasonable, in particular those intended to serve the purpose of adapting these Terms and Conditions of Use to new technological developments, new statutory provisions, or amended or new jurisdiction by the courts; or insofar as an amendment may pertain to organizational changes, in particular in relation to functions on the Platform. Rights to any further non-essential amendments, for equivalent reasons, remain reserved as well.
The amended Terms and Conditions of Use will be sent to User by e-mail no later than two weeks prior to their coming into force. The amendments will be deemed accepted if User does not object to the same within two weeks of receipt of such e-mail message.
In its notification of amended Terms and Conditions of Use, MMG will draw attention to the two-week period and the consequences of failure to file an objection.
Objection will result in the cessation of the owner-and-user relationship upon expiration of the deadline for filing an objection, and will give MMG the right to delete the account and all User information and contents.
13.2 Applicable Law
To the extent that the customer is a merchant for the purposes of the German Commercial Code, the exclusive legal venue for any and all disputes between the parties arising from, or in connection with, this Contract shall be Munich.
13.3 Severability Clause
Should any provision of these Terms and Conditions of Use be invalid or unenforceable, the other provisions shall remain unaffected thereby.
Date: October 2020
ANNEX -- SUBSCRIPTION MODELS AND PRICES
1. Subscriptions and Services
The Get Started subscription includes the following services:
Presentation of the company:
- Basic entry, corporate profile (description of the business enterprise, including company name, logo, address, title, cover design, and documents for downloading)
- 1 user access (an employee who can register with the Platform, and service the corporate profile)
- A 500-character short description (description of the company)
- 2 possible categories (i.e. categories enabling the company and its solutions to be found on the Platform)
- 2 pictures as part of the corporate profile (general images relating to the company)
- Basic entry, 'solution' site (a description of the solution using text, images, and downloads)
- 2 solutions (solutions in the form of products, services, or innovations)
- 3 customer opinions (customer quotes that can be published as part of the corporate profile)
Prices for the subscriptions will be:
- "Get Started": free of charge