Terms and Conditions of Participation for Digital Participation in the DHL LOGISTICS & SUPPLY CHAIN SUMMIT
Last updated: November 2020
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1 Scope
These Terms and
Conditions of Participation for DHL LOGISTICS & SUPPLY CHAIN SUMMIT (“Event”)
of Deutsche Post DHL & Research GmbH, Heinrich-Brüning Str. 5, 53113 Bonn, Germany ("Organizer"),
apply to purchases of full conference passes (“Tick-et(s)”) and to registration
for the Event and participation by attendees, sponsors, speakers, or partners
(collectively “Participants”) in the Event. By purchasing Tickets and/or
registering as a Participant, the buyer of the Ticket (“Customer(s)”) and/or
the registering Participant accept(s) these Terms and Conditions of
Participation. Confirmations from the Customer to the contrary that make
reference to the Customer’s own terms and conditions of business or purchasing
are here-by expressly rejected. Deviations from these Terms and Conditions of
Participation are valid only if they have been con-firmed in writing by the
Organizer. These Terms and Conditions of Participation apply even if the
Organizer performs services without reservation while knowing of terms and
conditions of the Customer that deviate herefrom or conflict herewith.
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2 Coming into existence of the
contract
2.1 The Organizer uses the platform of rooom
AG, Löbstedter Straße 47a, 07749 Jena, Germany, to hold the Event.
2.2 Reselling or sharing of Tickets or any
other unauthorized access to the Event is prohibited. In the event of a
violation of the foregoing provision, the Organizer is entitled, in particular,
to freeze the Ticket (access code) in question and deny the user the ability to
participate in the Event by deleting the user profile, with no compensation
being provided therefor, and to refuse to sell Tickets to the person
responsible for another event in the future.
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3 Scope of service
3.1 The Ticket allows the Customer and the
registered Participant to participate in the Event and use Event-related
services (“Services”) that are provided during the Event. These kinds of
Services may include the following, depending on availability and without
establishing any claim thereto: one-on-one video calls, chats, speaker
discussions, sponsoring, recruiting, and other functions.
3.2 The Organizer reserves the right to amend,
restrict, or cancel the use and/or scope of one or more Services before and during
the Event.
3.3 Any and all statements made by the
Organizer with regard to the Event or the Services in advertising materials, on
websites, and in the documentation constitute merely descriptions of the
product and do not establish any warranty or representation concerning a
specific characteristic except where expressly designated as such.
3.4 The Organizer shall make reasonable
efforts to ensure that the Event and the Services are available at all times
during the Event dates. The measuring point for determining whether the Event
is available and the Services are available for use is the interface between
the Event platform and the Internet.
3.5 The Organizer cannot be held responsible
in the following situations unless conduct that is grossly negligent or
intentional at the least can be attributed to it:
•
downtime caused by malfunctions of the Internet or other circumstances for
which the Organizer is not responsible, particularly an epidemic or pandemic
(such as COVID-19) or an event of force majeure;
• downtime caused by obligatory un-scheduled maintenance work that is required
in order to eliminate disruptions; if possible, the Customer and the registered
Participant will be informed of any disruption by a notification on the Event
website; and
• downtime caused by temporary defects in the technical infrastructure of the
Customer and the registered Participant, such as malfunctions in the hardware
of the Customer and the registered Participant.
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4 User profile
4.1 Customers and registered Participant are
asked to set up a user profile on the Event platform before participating in
the Event. Customers and registered Participants affirm that they:
• will register using their full and correct name and a valid e-mail
address;
• are at least 16 years old;
• will use a secure password and treat this password as confidential;
• will prevent unauthorized use of their user accounts by third parties; and
• will observe all applicable legal provisions and the user guidelines of the
Organizer.
4.2 Setting up a user profile with false
information constitutes a violation of these Terms and Conditions of
Participation and entitles the Organizer to terminate the agreement immediately
and without observing a notice period and to exclude the Customer or Participant
from participation in the Event.
4.3 The Customer and the registered
Participant are responsible for anything and everything taking place via their
user profile unless the Customer and the registered Participant have closed the
user profile beforehand or notified the Organizer of abuse thereof.
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5 Obligations of the Customer and
Participant; rights of use
5.1 Customers and Participants bear sole
responsibility for providing, servicing, and maintaining all technical
equipment and systems that are necessary in order for them to access the Event
and use the Services, particularly the necessary hardware, an operating system,
a solid Internet connection, and current browser software.
5.2 Customers and Participants are obligated
not to share their password and account information with third parties and to
protect these against access by third parties. Users can be held liable for any
abuse of their account for which they are at fault.
5.3 Customers and Participants hereby agree to
respect the rights of third parties, including those of the Organizer.
Therefore, Customers and Participants are, in particular, not permitted to
• use the information received in connection with the Services (such as
con-tact information) or communication Services (contact with other users) for
advertising purposes;
• transmit or enter data that could, due to their nature, properties, size, or
quantity, damage or freeze the entire IT infrastructure of the Organizer or the
computers of other third parties or could spy on or damage data stored on this
IT infrastructure (e.g., through viruses, Trojans, or spam e-mails); and/or
• take actions or disseminate content in conjunction with the use of the
Services in violation of the rights of third parties (such as copyright, trademark
rights, personal or privacy rights and rights of data protection) or of
statutory provisions, particularly criminal laws, provisions of law for the
protection of youth, data protection provisions, and/or the provisions of the
law of competition.
§ 6 Statement, information, and
content for shared use
6.1 The Services may enable the transmission
and sharing of statements, information, and content between Customers and
registered Participants. Statements, information, and content that Customers
and registered Participants transmit or use jointly or otherwise communicate
may be observed by other Customers, Participants, or third parties. Customers
and registered Participants are responsible for the statements, information,
and content that are shared with other Customers and registered Participants
and for the chosen method of sharing statements, information, and content.
6.2 The Organizer is not obligated to publish
statements, information, or content via the Service and is permitted to remove
statements, information, and content with or without notice.
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7 Rights of ownership
7.1 The Customer and the registered
Participant hereby affirm that the Customer and the registered Participant are,
in each case, permitted to transmit and/or publish the statements, information,
and content provided by the Customer and the registered Participant during
participation in the Event and use of the Services. The Customer and the
registered Participant hereby also declare that the statements, information,
and content that are provided, jointly used, or otherwise transmitted by the
user or the company do not violate applicable law or the rights of third
parties (including intellectual property rights). Furthermore, the Customer and
the registered Participant each affirm that the profile data in the user
profile are truthful. The Organizer may be legally obligated to remove certain
statements, information, or content.
7.2 The Customer and the registered
Participant grant the Organizer a worldwide, transferable right of use, subject
to sub-licensing, for the statements, information, and content, including the
right to use, copy, modify, distribute, publish, and process the statements,
information, and content that are provided, jointly used, or otherwise
communicated by the Customer and the registered Participant via the Services
without any further consent on the part of the Customer and registered
Participant and without further notification and/or any obligation to pay a
licensing fee to the Customer and registered Participant or third parties on
the part of the Organizer.
7.3 The Customer and registered Participant
shall indemnify and hold harmless the Organizer in each case from and against
all claims, legal actions, and/or other proceedings brought by third parties
against the Organizer with regard to the right of use granted by the Customer
and registered Participant to the Organizer. This indemnification encompasses all losses
that the Organizer has suffered, along with other costs and expenditures,
particularly, but not limited to, those arising from court fees and costs
and/or attorneys’ fees.
7.4 The Customer and the registered
Participant can terminate the right of use for certain statements, information,
and content at any time by deleting these statements, information, and content
from the Services or closing the user profile; in this case, the Customer and
registered Participant must take the following into account:
• other Customers and/or registered Participants may have copied the
statement, information, and content exchanged within the Services;
• other Customers and/or registered Participants may have released or stored
this; and
• the Organizer requires a reasonable time span to remove this statement,
in-formation, and/or content from security and other systems.
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8 Statements, information, and
content
8.1 When using the Services, the Customer and
the registered Participant may encounter statements, information, and/or
content that are inaccurate, incomplete, late, misleading, illegal, insulting,
or otherwise harmful. The Organizer is under no obligation to review, correct,
complete, or otherwise change any statements, information, and/or content
provided by other Customers and registered Participants. The Organizer is not
responsible for the statements, information, and content of other Customers and
registered Participants and therefore cannot be held liable for damage and/or
losses occurring as a result of statements, information, and content of
Customers and registered Participants.
8.2 Furthermore, the Organizer is not
responsible for services that are offered and/or provided to a Customer and
registered Participant by another Customer or another registered Participant or
a third party during participation in the Event and/or use of the Services. Any
offering or provision of services through the use of the Services takes place
exclusively between the Customer and a registered Participant and another
Customer, another registered Participant, or a third party.
8.3 In this context, the Customer and
registered Participant agree that the Organizer:
• is not responsible for offering, performing, or purchasing these
services;
• does not endorse any particular service offered by a Customer and registered
Participant; and
• is not permitted to enter into any employment, agency, or joint venture
relationship with a Customer and registered Participant that offers services.
8.4 If the Customer and the registered
Participant offer services via the Services, the Customer and the registered
Participant each represent and warrant that the Customer and the registered
Participant hold all necessary licenses, approvals, and other authorizations
that are necessary in order to offer and/or provide the service, and that the
Customer and the registered Participant will offer and/or provide services that
are in accordance with the code of conduct and user guidelines of the Organizer.
§ 9 Exclusion and limitation of
liability
9.1 The Organizer makes no representation or
warranty with regard to the Event and Services or any representation that the
Event and/or Services will run without interruption or without errors. The
Event and the Services (including content and information) are provided “as is”
and “as available.”
9.2 The Organizer also makes no representation
or warranty for income or profit expectations and/or business opportunities
that are directly or indirectly associated with participation in the Event
and/or the use of the Services by the Customer or registered Participant.
9.3 Liability is excluded except where
mandatory liability exists pursuant to the German Product Liability Act
(ProdHaftG) or due to intent or gross negligence, due to loss of life, bodily
injury, or impairment of health, provision of a warranty of a particular
quality, malicious concealment of a defect, or breach of essential contractual
obligations. “Essential contractual obligations” means those obligations whose
fulfillment renders the proper execution of a contract possible in the first
place and in compliance with which the Parties are generally permitted to
trust. Damages due to violation of essential contractual obligations are
limited to the amount of damage and/or losses foreseeable and typical of the
contract, except in cases of intent or gross negligence.
9.4 The Organizers liability irrespective of
fault for defects that exist at the time when the registration is concluded in
accordance with Sec. 536a (1), first sentence, of the German Civil Code (BGB)
is ruled out.
9.5 To the extent that liability on the part
of the Organizer is ruled out or limited, this also applies to the personal
liability of the employees, workers, representatives, and vicarious agents of the
Organizer.
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10 Changes/postponement/cancellation of
the Event
10.1 The Organizer reserves the right to change
the program and/or the time of various events within the Event. In this case,
the agreement and the access to the Event will automatically be extended by the
relevant period, and the dates of the Services to be provided will be shifted
to the new period that applies to the Event.
10.2 If the Organizer is obliged to cancel the
Event for organizational reasons or other reasons for which the Organizer is
not responsible, any compensation that may have been paid for the Tickets will
be refunded. The Customer or registered Participant shall have no further
claims, particularly for losses and/or damage.
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11 Online dispute resolution platform
11.1 The European Commission provides a platform
for online resolution of disputes out of court (ODR platform). This platform
can be accessed at www.ec.europa.eu/Consumers/Odr. Contact information for the
Organizer, including the e-mail address, is posted in the legal notice on the
website for the Event.
11.2 The Organizer is neither obligated nor
willing to participate in the dispute resolution procedure.
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12 Miscellaneous provisions
12.1 The place of performance and place of
jurisdiction for all disputes arising in connection with this contractual
relationship is Berlin if the Customer or Participant is a merchant as defined
in German law (Kaufmann), a legal entity existing under public law, or a
public-law special fund or if at least one of the Parties does not have a
general place of jurisdiction in the Federal Republic of Germany.
12.2 The laws of the Federal Republic of Germany
apply on an exclusive basis to all disputes arising out of or in connection
with the Agreement and these Terms and Conditions of Participation and/or the
participation in the Event, irrespective of the legal basis therefor, to the
exclusion of conflict-of-laws rules that would refer the matter to a different
jurisdiction. The United Nations Convention on Contracts for the International
Sale of Goods (CISG) does not apply.
12.3 Should individual provisions of these Terms
and Conditions of Participation be invalid, the validity of the remaining
provisions shall be unaffected thereby.
12.4 The invalid provision must be supplemented
in such a way that the intended purpose is achieved.