Terms of Service - exploreB2B

§ 1 Preamble

  1. exploreB2B is an Internet portal, via which users are able efficiently to establish initial contact for their businesses in a targeted fashion with new partners and customers. exploreB2B thus opens new business opportunities. exploreB2B offers an Internet platform for searching for and finding new partners, ideas and options in business life by means of presenting and discussing various topics. These topics are published on the platform in the form of articles which form the starting point for communication and contact related directly to the articles. exploreB2B is oriented towards the processes of initial contact as they unfold at conferences, etc., and brings service providers, researchers, developers, company founders and enterprises, especially in technical and innovative sectors, into conversation with each other.

  2. exploreB2B offers its services in the Internet in the domains www.exploreb2b.de, exploreb2b.com, and exploreb2b.net.

  3. The Terms of Service set out hereinafter may be accessed and printed, or downloaded and stored, at any time (at exploreb2b.com), including after the con-tract has been closed, on the provider websites.

  4. exploreB2B has the right to make use of the exploreB2B services subject to exploreB2B principles.

§ 2 Contracting parties and area of application

  1. The contracting partner of users of the platform is exploreB2B GmbH, c/o Freie Universität Berlin, Malteserstr. 74-100, 12249 Berlin (“exploreB2B”). Further information about exploreB2B can be accessed on the platform in the menu point ‘About Us’.

  2. These Terms of Service (“TOS”) govern the entire contractual relationship between exploreB2B and its registered users (“users”) irrespective of the websites on which users are registered or log on to and which online services (“provider services”) they take advantage of.

  3. The requirements for users’ participation are set out in § 4 of these TOS.

  4. Except as expressly agreed to by exploreB2B, no other terms or conditions other than these TOS shall be recognized as part of any contract between the parties.

§ 3 Subject of contract

  1. The subject of this contract is access to the online platform exploreB2B for the purposes set forth in the Preamble to these TOS. The platform enables users to present their profiles, information and topics, including notification of new topics, articles, new discussion items, news and new contact requests, as well as electronic communication with other users of the platform.

  2. exploreB2B operates and maintains the online platform exploreB2B, but shall at no time be a contracting party to or broker of contracts between users among them-selves.

  3. exploreB2B has the right to amend the services being offered (in particular pro-files, discussions, news, categorization of articles and search functions) if and to the extent that the fulfillment of the purpose intended in the contract entered into with the user is not detrimentally affected in any significant way. Users will be notified of any such amendments.

  4. exploreB2B has the right to use the services of other enterprises for the provision of its own services.

  5. exploreB2B provides users with explanatory notes on the use of the portal under the heading Feedback. Users must comply with the instructions given there.

  6. We explicitly draw attention to the fact that content published on the platform, that is posted by users, has not been checked by exploreB2B for legality, correct-ness, completeness or pertinence to the purpose as described in the Preamble hereto. Insofar, users are solely responsible for content they post.

§ 4 Types of membership, upgrades, descriptions of services

  1. exploreB2B offers its users the following types of membership.

  2. Free individual membership

    • For natural persons with full legal capacity aged 18 or over.

    • The scope of functions available for free individual membership is limited.

  3. Premium individual membership

    • For natural persons with full legal capacity aged 18 or over.

    • The user can only obtain premium individual membership by registering in accordance with § 6 of these TOS.

    • Alternatively, premium individual membership may be obtained by invitation from a corporate member (associate membership pursuant to § 4(4)d) of these TOS). Membership under § 4(2) or § 4(3)a) of these TOS ends upon acceptance of an invitation under sentence 1. If the corporate member withdraws the user’s associate membership, the user may end any membership at all or take out free membership or membership subject to payment of a fee.

  4. Corporate membership

    • Only available for business customers.

    • A company may only be represented by a natural person who has full legal capacity and is aged 18 or over and is furnished with a relevant power of attorney.

    • The representative pursuant to b) will be the administrator of the corporate account. He or she may appoint further administrators.

    • Corporate membership includes a contingent of premium individual member-ships which may be freely given to and withdrawn from users at the administrator’s discretion (“associate memberships”).

  5. exploreB2B may offer additionally payable services within the scope of certain memberships (“upgrades”) such as, for example, a project area.

  6. The scope of services and fees for the various types of membership and the up-grades available are included in the descriptions of services and price lists at https://exploreb2b.com/pricing.

§ 5 Availability and customer service

  1. For the provider services subject to payment of a fee, exploreB2B guarantees, within its own area of responsibility, availability of 97% on a monthly average basis. Regular maintenance windows of the provider services between 2 am and 4 am each Sunday are not included in calculating availability. Furthermore, a claim in law exists with regard to the provider services only within the scope of the technical and operational possibilities available to exploreB2B. exploreB2B will make every effort to ensure that use of its services is as free as possible of interruptions. However, it is possible that temporary restrictions or interruptions may occur due to technical faults (such as interruption of the power supply, hardware or software faults or technical problems with data lines).

  2. The user is responsible for the hardware and software and the communication paths he or she uses. Faults or breakdowns in his or her hardware or software do not release him or her from the obligation to pay the relevant fees.

  3. If there are any questions, users may reach the customer service of exploreB2B either

§ 6 Registration and conclusion of contract

  1. Users need to register in order to use the provider services. Upon registration, a personal user account is set up for the user. The user is obliged to provide full and accurate details where required to do so in the registration form and to notify exploreB2B at once if there are any changes to his or her user data.

  2. Registration using an alias is not permitted.

  3. When the user presses the “Register” button to send the registration details he or she shall be deemed to be making a binding offer (application) to enter into a con-tract. The application is accepted by means of an e-mail from exploreB2B confirm-ing receipt of the registration and the conclusion of the contract. This e-mail will also contain a hyperlink, which the user must click on to activate her or his ac-count. The provider websites themselves represent merely an invitation to submit bids and offers.

  4. Users will be advised of their customer number in a second e-mail. Users log in to their user accounts using a password created by themselves and their e-mail ad-dress as given to exploreB2B. The user must protect this password against unauthorized access by third parties. The provider will not pass the password on to third parties and will never ask the user for the password.

  5. The user is not permitted to make multiple registrations or to transfer access authorization without the express consent of exploreB2B.

  6. exploreB2B reserves the right after a reasonable period of time to delete user ac-counts which include erroneous or incomplete data inputs.

  7. There is no claim in law for the conclusion of a contract with exploreB2B.

§ 7 Consumer’s right of cancellation

To the extent that the user registers with exploreB2B as a consumer, that is, for a purpose that cannot be attributed to his or her commercial or self-employed business activities, the following right of cancellation shall be applicable:

Notification of right of cancellation

Right of cancellation

You may cancel your contractual declaration in text form (e.g. letter, fax, e-mail) within fourteen days without needing to state reasons. The fourteen day period begins upon receipt of this notification in text form, but not, however, before the contract has been concluded, nor before we have fulfilled our duties to provide information under Article 246 Para. 2 in conjunction with Paras. 1 (1) and (2) of the Introductory Law to the German Civil Code (EGBGB) and our duties under Section 312g (1) sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Para. 3 of the EGBGB. The revocation period is deemed to have been complied with if the cancellation notice is dispatched within the cancellation period. The cancellation notice should be addressed to:

exploreB2B GmbH
Marie-Elisabeth-Lüders-Str. 1
10625 Berlin
[email protected]

Consequences of cancellation

In the event of an effective cancellation, all mutually provided goods and services must be returned and if applicable any benefits enjoyed (e.g. interest) surrendered. If you are unable to return the goods and/or services received and if applicable surrender any benefits (e.g. benefits from use) to us in whole or in part or only in a deteriorated condition, you are obliged to compensate us insofar. This may mean that you still have to fulfill the payment obligations under the contract for the period until cancellation. Obligations to reimburse payments must be met within 30 (thirty) days. This period begins for you when you send your cancellation declaration and for us when we receive it.

Special notes

Your right of cancellation will lapse prematurely if the contract is fulfilled in full by both parties at your express wish before you exercise your right of cancellation.

End of notification

§ 8 Duties of the user

  1. The user is obliged to post only content and supporting documents which serve the purpose described in the Preamble to these TOS; content must moreover be posted in the appropriate categories and worded as fully as possible and truthfully in such objective manner as is usual for the relevant branch of industry.

  2. The user is obliged to secure the data he or she transfers to exploreB2B for his or her own purposes within the necessary scope.

  3. The user is responsible for ascertaining the identity of other users of the platform.

  4. The user is in particular subject to the following obligations:

    • Content may not be stored, published or transferred independently of its form to the extent that under relevant applicable laws or in the estimation of exploreB2B it is illegal, harmful, threatening, misused, insulting, annoying, slanderous, vulgar, obscene, hate-generating, racist or in any other way objection-able or could in any way harm minors, in particular if it is pornographic, glorifies violence or otherwise harmful to juveniles.

    • The user may not use the platform in any way that in particular infringes relevant applicable laws governing copyright, competition, data privacy, trade-marks or exploitation.

    • Unreasonable nuisance may not be caused to other users, in particular by the sending of unsolicited advertising, promotional materials, junk or mass e-mails (spam), chain letters or snowball systems.

    • Structured distribution measures (e.g. multi-level marketing) may be neither carried out nor advertised for nor promoted.

    • Users should refrain from any communication that is indecent or of a sexual nature.

    • Users may not distribute or publicly reproduce content from the exploreB2B websites unless they have been granted the rights to do so.

    • Users should refrain from any actions which are likely to be detrimental to the functioning of the exploreB2B websites or their services. This affects in particular the use of mechanisms, software or scripts in conjunction with the use of the exploreB2B websites which may interrupt the functioning of the websites. Users should refrain from any measures which may result in unreasonable or excessive load on the exploreB2B infrastructure.

    • Content produced by exploreB2B may be neither blocked nor overwritten nor modified nor in any other way exposed to interruptions or disturbances.

  5. exploreB2B may draw up and issue ‘principles’ to impose additional duties.

§ 9 Consequences of breach of duties by the user

  1. If grounds exist to believe that the user is in breach of provisions of law, has in-fringed third party rights or is in breach of these TOS, or if exploreB2B has any other legitimate interest, exploreB2B has the right to restrict the user’s use of the provider services. In doing so, the provider shall take the legitimate interests of the user into consideration.

  2. exploreB2B has the right in accordance with subparagraph (1) at any time to block access to individual content or to delete such content.

§ 10 Rights to use content

In case of doubt, the content available on the platform is protected by copyright and other applicable intellectual property rights and may not be used without the prior written permission of the owner of the respective rights.

§ 11 Granting of rights of use to exploreB2B

  1. By uploading or posting content on the platform, the user grants exploreB2B the simple right, unlimited in terms of content, time or territory, to make the content publicly available on the platform of exploreB2B, to reproduce such content, to adapt it to the format requirements necessary for its use or to process it to improve its display quality and to distribute it. This shall include, but not be limited to, reproduction on any stationary or mobile reception equipment capable of facilitating online access. ExploreB2B shall have the right to use the content in whole or in part, alone or in conjunction with content from third parties for the purposes of its own advertising on the Internet.

  2. The user guarantees that he or she is the owner of all rights in the posted content necessary for the use thereof as set forth in the foregoing and/or that he or she has the power of disposal over the said rights and herewith indemnifies exploreB2B against any and all claims by third parties on the basis of infringements of rights.

  3. Except as otherwise agreed, this transfer of rights shall not be affected by any termination of the user’s membership of the exploreB2B platform.

  4. exploreB2B will, however, make every effort to take account of the wishes of for-mer users and upon application to remove certain content of the former user from the platform following termination of his or her membership.

§ 12 Payment and methods of payment

  1. Simple membership for individual members is free of charge. The fees payable for fee-paying membership depends on the type of membership and can be seen in the current price lists at https://exploreb2b.com/pricing.

  2. The type of membership is selected when registering and after registering in the user account. Members may switch from a free membership to a fee-paying membership at any time. Switching fee-paying membership type is only possible subject to the terms applicable to the relevant membership type.

  3. Users can remit their membership fees by means of the direct debit scheme, de-tails of which can be found on the exploreB2B website, by credit card or by an online-payment method.

  4. exploreB2B does not have the right to levy membership fees more than once in each half year. Any price increase requires the user’s consent. Such consent is deemed to have been tacitly given if the user does not object to it within four weeks of receiving notification of the change. In the notification of the change, exploreB2B will expressly draw the user’s attention to the consequences of not objecting.

  5. The first billing month of a fee-paying membership will begin upon conclusion of the contract. Except as otherwise provided for in the invoice, payments are due immediately upon receipt and in advance for the agreed term of the contract.

  6. Invoices will as a matter of course be produced electronically. Users may download them and they will be sent by e-mail upon request. If the user wishes to have in-voices sent by post, a fee of EUR 3 per invoice will be payable.

§ 13 Liability

  1. The user has no claims whatsoever for compensation of damages, except claims for compensation for injury to life, physical injury or injury to health or claims arising from breach of material contractual obligations (cardinal obligations) or liability in respect of other damages caused through intentional or grossly negligent breach of duty by exploreB2B, its legal representatives or its agents. Material contractual obligations are defined as obligations the fulfillment of which is necessary to achieve the objective of the contract.

  2. If material contractual obligations are breached, exploreB2B shall be liable only for damages which are foreseeable and of a type usual for the kind of contract, up to the amount of the payment owed by the user to exploreB2B for the type of membership in question if such damages are caused through simple negligence, unless the user’s claims for damages involve injury to life, physical injury or injury to health.

  3. The limitations under (1) and (2) shall also apply to the benefit of the legal representatives and agents of exploreB2B, if claims are made directly against them.

  4. The limitations under (1) and (2) shall also apply to the benefit of the legal representatives and agents of exploreB2B, if claims are made directly against them.

  5. exploreB2B shall not be liable in respect of the existence, suitability and freedom from faults of the public data transfer lines used by the user or of the user’s own data communications devices.

§ 14 Indemnity

  1. The user will indemnify exploreB2B against any and all claims by third parties arising from infringement of their rights or due to rights infringements on the basis of the content posted by the user or by virtue of the user’s use of the platform, if the user is responsible for the circumstances giving rise to such infringement of rights.

  2. The user will indemnify exploreB2B against any and all claims by third parties arising from infringement of their rights or due to rights infringements on the basis of the content posted by the user or by virtue of the user’s use of the platform, if the user is responsible for the circumstances giving rise to such infringement of rights.

§ 15 Data privacy and data security

The provisions regarding data privacy and data security are included in the data privacy statement, with the applicability of which the user declares her or his agreement in order to be able to complete registration. The data privacy statement may be accessed at any time at https://exploreb2b.com/privacy_policy, and after conclusion of the contract on the provider websites as well, or it can be downloaded and/or stored on the user’s computer.

§ 16 Amendments to these TOS

  1. The provider reserves the right to amend these TOS. The provider will notify the user of any such amendment by e-mail by no later than four weeks before such amendments enter into force.

  2. If the user does not object to the applicability of the new TOS within four weeks of receiving the e-mail notifying her or him of them, the amended TOS shall be deemed to have been accepted. The significance of this four week period and deadline will be expressly pointed out to the user in the e-mail in which she or he is notified of the amended Terms.

§ 17 Contract termination, contract term and consequences of termination

  1. The user may terminate a free individual membership at any time.

  2. Fee-paying types of membership are subject to the initial binding period as select-ed by the user. If the user does not give the required notice to terminate the con-tract, the fee-paying membership will be extended by a term corresponding to the initial binding period.

  3. The notice period for termination by the user of a fee-paying type of membership is 4 (four) weeks to the end of the initial binding period or to the end of the relevant extension period.

  4. If a user accepts an invitation for an associate membership (see § 4 of these TOS), her or his previous contract for use will end. Any fees paid in respect thereof will be reimbursed pro rata.

  5. exploreB2B may ordinarily terminate contracts for use with four weeks’ notice without stating reasons.

  6. The right of both parties to terminate without notice for good cause shall not be affected. Good cause shall in particular exist for exploreB2B to terminate if the user has given false contact data, false or invalid e-mail addresses or false bank ac-count details or has allowed to a third party to use her or his user account.

  7. In the event of justified extraordinary termination by the user, any fees paid in advance shall be reimbursed pro rata.

  8. (8) After termination of the contract, exploreB2B has the right to delete the user’s data and data regarding use. The user will have no further access to her or his ac-count after termination and may no longer view data, news, data files or other content deposited on the platform. This shall not apply if and to the extent that the user has accepted an offer from exploreB2B regarding short-term storage of his or her user data and data regarding use.

§ 18 Final provisions

  1. German law shall apply to the exclusion of the United Nations Convention on the International Sale of Goods.

  2. If the customer is a merchant, a legal entity constituted under public law or a special fund under public law, the courts in the place of domicile of the provider shall have exclusive jurisdiction.

  3. Any amendments to these TOS or declarations or statements in accordance here-with vis-à-vis the contracting partner shall require written form. Notice of termination which is not given online in the user account (‘end membership’) must include the full name, address and customer number of the user.

  4. To the extent that the user has been provided with a translation into another language of these TOS, it is expressly stated that the original German version hereof shall be definitive for the contractual relationship between the user and exploreB2B. This shall apply in particular to the extent that discrepancies or contra-dictions exist between the original German version and any translated version hereof.

  5. exploreB2B has the right to transfer this contract with all rights and duties pertain-ing hereto to a company of its choice. Such transfer shall become effective 30 (thirty) days following notification thereof to the user. In the event of transfer to another company, the user shall have a special right to terminate the contract, which must be exercised within one week following such notification.

  6. Central European Tine (CET) respectively Central European Summer Time (CEST) shall apply to all times, dates, periods and deadlines stated herein.

  7. Should any provision of these TOS be invalid in whole or part, the legal validity of the remaining provisions shall not be affected thereby.

Status: 30 November 2011