General Terms and Conditions
Service Provider, Subject Matter, Scope of Application
- The present Terms and Conditions (referred to as „T&C“ hereafter) apply to the use of the online platform operated on the website www.orgaport.com (referred to as "Platform" hereinafter) where advertisers may publish their profiles in order to present themselves and their products, and where interested users may view such profiles. The present T&C shall apply to the use of the Platform as advertiser of an event as well as to the use as a person interested in participation of an event. The Platform services are provided by Sascha Thiel, Adolf-Baeyer-Damm 28, 81735 München, Germany (hereinafter referred to as "we" or "us").
- Advertisements for events on the Platform shall be referred to as "Advertisements" hereinafter.
- Persons publishing advertisements on the Platform shall be referred to as "Advertisers" hereinafter.
- Users who notify their participation in an event advertised on the Platform shall be referred to as "Interested Party(ies)" hereinafter.
- Communication, ratings and/or other content communicated by Users on or via the Platform shall be referred to as "User Contributions" hereunder.
- The use of the Platform is free of charge.
- Our offers, services and performances shall solely be subject to the present Terms and Conditions. Contradicting or additional terms and conditions of the customer shall not become part of the contract.
Conclusion of Contract, Contract Languages
- Conclusion of Contract Our making available of the website does not yet constitute a binding offer for conclusion of a contract wiht us regarding the use of the Platform. A binding offer shall only occur once that the User transfers its request for registration to us. Where we are accepting such offer, we will do so by confirming the registration of the User by email or by publishing User's content or ratings on the Platform.
- Contract Languages
- Languages made available for conclusion of the contract shall be English and German.
Storage of the Provisions of the Contract
- We will store the provisions of the contract, including the order/ registration information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order/ registration information is contained in the order overview presented within the last step of the order/ registration process. In case of contracts against payment, the provisions of the contract including without limitation the present Terms and Conditions will be also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
User Account (Registration)
- Registrants shall enter complete and correct information. No information concerning third persons may be used without such persons’ consent.
- You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
Publication of Events on the Platform
- Advertisements will be published on the Platform where the Advertiser elects the "public" mode. The Advertisements will, however, only be visible to registered users (via an area search or other search on the Platform).
- By contrast, where an Advertiser elects the "private" mode the Advertisement will not be published on the Platform. The Advertisement may, in such aforesaid case, only be notified to Interested Parties by way of email invitation.
Publication of Interested Parties on the Platform
- In course of the registration users may publish on the Platform a profile with various information (user name, first name, second name, sex, zip code for area search). Only the zip code for the area search will be mandatory information.
- Ohter registered users will see, in case of participation of a user in an applicable event, all profile information of such Interested Party. Users who are not registered will only see the user name, if at all.
Announcement of Participation in an Event
- The announcement of participation in an event is only permitted for registered Interested Parties.
- The announcement of participation in an event shall be non-binding for both parties involved, i.e. for the Advertiser as well as for the Interested Party. Accordingly, there shall be no obligation of the Interested Party to participate and there shall be no obligation of the Advertiser to facilitate the participation. However, Advertisers and Interested Parties using the Platform in an appropriate kind or manner, e.g. where events are actually not taking place in a significant number of instances (Advertiser) or where Interested Parties are not showing up at events in a significant number of instances (Interested Party) should anticipate that we terminate their contract with us regarding the use of our Platform services.
- The option to announce participation in events on the Platform will be governed by various organisational Platform mechanisms like minimum number of participants or cancellation of an event in case of a non-sufficient number of participants.
Invitation for Participation in an Event
- The Advertiser shall ensure to send out email invitations for events via the Platform communication system only in case that the Advertiser has beforehand collected a required consent of the respective recipient in the receipt of such emails (as the case may be and as applicable).
Requirements regarding Advertisements
- Correct and up-to-date: You shall include (only) correct and up-to-date content in your Advertisements and you shall keep it correct and up-to-date thereafter.
- Hyperlinks: Should an Advertisement include a hyperlink, the Advertiser shall ensure the technical availibility of the target site as well as the compliance of such target site and of its environment with the applicable laws.
- Compliance with applicable laws: You shall ensure that your Advertisements will not violate any provisions of the applicable laws. Such laws may include without limitation misleading or other unfair competition, the rules on indication of prices, assembly laws and/or applicable penal law provisions. Interested Parties shall, according to the General Act on Equal Treatment ("Allgemeines Gleichbehandlungsgesetz", abbr. "AGG") not be disadvantaged for reasons of race or ethnical origin, gender, religion or world-view, disability, age or of sexual identity.
- No Breach of Third Party Rights: Your Advertisement must not conflict with industrial or intellectual property rights of third parties like e.g. the right of a person in its name, trademark rights, registered designs or copyrights. The Advertiser guarantees that it is in the legal position to grant us the necessary rights for the placement of its Advertisement and in the content of same, and that third party rights are not violated.
- Obligation to indicate an Imprint: You shall ensure that your Advertisements contain a provider indication (imprint) complying with the provider indication requirement within the meaning of Section 5 of the German Telemedia Act (§5 Telemediengesetz), unless the Advertisement is solely for private or family purposes and has no effects on the market. A link to an imprint contained elsewhere shall suffice. The imprint shall comply with the requirements of mandatory imprint provisions under the applicable laws.
Requirements for User Contributions
- Only lawful User Contributions (communication, ratings or similar) may be communicated on or via the Platform. Including without limitation, User Contributions and/or placement of same on the Platform must not violate third party rights (e.g. the right of a person in its name, trademark rights, registered designs, copyrights, privacy rights, personality rights etc.). The User guarantees that it is in the legal position to grant us the necessary rights for the placement of its User Contributions on the Platform, and that third party rights are not violated.
- User Contributions, whether in pictures or words, must not contain any representation of violence and must not be sexually offensive. User Content must not contain any discriminating, offensive, racist and/or defamatory statements or representations and/or which are otherwise unlawful or unethical.
- Users' ratings on Advertisers may not contain false statements or abusive criticism and may not breach personality rights.
Blocking Advertisements and User Contributions
- We shall be entitled to block and/or delete Acvertisements and/or User Contributions at any time.
- The contract on the use of the Platform may be terminated by either party (i.e. by ourselves or by the user) at any time.
Exclusions and Limitations of LiabilityOur liability for damages shall be subject to the following:
- In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
- In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
- Otherwise our liability, regardless of its legal grounds, shall be excluded.
- The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
- Any liability based on the assumption of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz") shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
- The laws of Germany shall apply, under exclusion of the Convention on the International Sale of Goods. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
- For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the user's location instead.