General Terms and Conditions of CURAZE GmbH for the use of the online network bgreen leaders
1. Scope of Application
a. The following General Terms and Conditions (hereinafter referred to as “GTC”) of CURAZE GmbH (hereinafter referred to as “CURAZE”) shall govern the legal relationship between CURAZE and the users who access the bgreen leaders network (hereinafter collectively referred to as the “network”). Full use of the network is only possible after prior registration. Registration is subject to a fee.
b. Deviating or supplementary terms and conditions are not binding for us and will not be accepted by CURAZE.
2. Use, Registration
a. Only users who have full legal capacity or who are acting with the consent of their legal representatives and who are not consumers within the meaning of Section 13 of the German Civil Code (BGB) are entitled to use the network services.
b. The network can be used in full only after prior registration as a member. Registration is open to anyone who provides truthful, accurate, up to date and complete personal details (hereinafter referred to as “registration data”) in accordance with the requirements of the registration form. After registration, the member receives access details for a member portal in order to view invoice data and manage personal data. The access details will be sent after the registration process has been completed.
c. Registration is considered complete once the customer has completed the registration process on the website and initiated payment for membership in the network. Before payment is made, the member is obliged to read and accept the General Terms and Conditions (GTCs) of CURAZE for bgreen leaders network.
d. In the event of a change to the user’s personal data, in particular the e mail address, the user will update the registration data immediately. Should CURAZE become aware that the e mail address provided by the member is incorrect, CURAZE reserves the righ t to temporarily block, permanently deactivate or, depending on the severity of the violation, delete the user account.
3. Services for Registered Members
a. The aim of bgreen leaders is to give Circular Economy and its players more visibility. As a member of bgreen leaders, the user has the option of being integrated into CURAZE content formats. If these are subject to a fee, the user will receive a corresponding offer in advance.
b. bgreen leaders unites and structures specialist knowledge for its members through high-quality content and the exchange of experience. In the course of the network the member as a user receives access to content formats and invitations to various events.
c. As bgreen leader, the user receives access to the network. Within the framework of the network, CURAZE connects bgreen leaders with each other and with pioneers in sustainable business management, experts and innovators in the field of sustainability. Access to the network and networking takes place, for example, in the form of invitations to curated networking events.
d. Additional benefits: e.g. the opportunity to participate in exclusive events, offers and promotions, as well as price advantages on products that are not explicitly part of the network services. Members receive information about these additional offers by e-mail.
e. The services offered are subject to availability. CURAZE aims to keep the services available, but is not responsible for any delay, deletion, incorrect transmission, memory failure or failure of the Internet.
4. Membership Fee and Duration of Membership
a. A membership fee is payable for participation in the network. The fee depends on the user group and is incurred irrespective of the actual use of the network. The amount and conditions of fee-based offers are clearly displayed on the website before a fee-based contract is concluded. The annual membership fee is due for payment in full as part of the registration process (see section II. c.). In the event of contract renewal, the entire annual membership fee is due at the beginning of each year. The fees and prices stated are in euros plus the legally applicable VAT.
b. We reserve the right to terminate your membership if the relevant fees are not paid. Furthermore, you agree to the following:
c. We may store and charge your payment method (e.g. credit card) even after it has expired in order to avoid interrupting our services and to use it to pay for other services you may purchase.
d. When you purchase a membership, your payment method will automatically be used to cover the fees and taxes due for that period. Please terminate your membership before the renewal date to avoid future charges.
e. Membership is valid for the calendar year and will be renewed for a further calendar year unless it is terminated by the member with four (4) weeks’ notice to the end of the calendar year. Termination must be in text form.
f. The right to extraordinary termination for cause remains unaffected. A cause for extraordinary termination for CURAZE may exist in particular if the member violates applicable law or these GTC. Termination may be effected if appropriate and/or necessary, by disabling the user account.
5. Password and Security
a. The member can set a password as part of the registration process.
b. The member may not give the password and/or access to the platform to third parties for use and must keep his/her password secret from third parties. As soon as the member becomes aware that his/her password has become accessible to third parties and/or his/her user account has been misused, he/she is obliged to change his/her password and inform CURAZE immediately.
6. Responsibilities and Obligations of Users
a. The responsibility for information, data, texts, messages or other materials (“content”) that the user makes available to the platform, uploads, publishes, sends by e-mail, shares or otherwise forwards or disseminates lies exclusively with the user.
b. The user may not, in the course of using the services:
- store, publish, transmit or otherwise disseminate content that infringes the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights, or violate official regulations or agreements with third parties or violate consumer, competition or advertising law or regulations for specific professions or professional groups;
- store, publish, transmit or otherwise disseminate content that contains software viruses or other information, files or programs intended or capable of disrupting, destroying or impairing the functioning of computer software or hardware or telecommunications equipment;
- store, publish, transmit or otherwise disseminate content which the user is not authorized to pass on;
- forge headers or otherwise manipulate identifiers, to disguise the origin of any content transmitted through the Services;
- store, publish transmit or otherwise disseminate unsolicited advertising, promotional material, junk or mass e-mails (“spam”), chain letters, pyramid schemes or other commercial offers;
- violate national or international laws;
- collect, process, store or transmit information or personal data about other users without the express consent of the persons concerned;
- store, publish or transmit personal data, such as name, address, date of birth, etc. of themselves or other natural persons in their content.
c. If CURAZE becomes aware of the content described in Section b, CURAZE shall be entitled to delete or temporarily block the content after appropriate examination. Depending on the severity of the offence, CURAZE is also entitled to block the corresponding user account and exclude the user from using the platform.
d. Insofar as CURAZE incur costs as a result of a warning from third parties due to a violation of Section b. by the user, the user must indemnify CURAZE appropriately.
e. CURAZE does not guarantee the accuracy, correctness, timeliness or completeness of the of the content.
7. Limitation of Liability and Warranty
a. CURAZE shall not be liable for the uninterrupted or error-free functioning of the of the platform.
b. CURAZE shall not be liable for the compatibility of the services with the user’s individual hardware and software equipment.
c. CURAZE does not warrant the storage of uploaded content and excludes liability for the loss or destruction of data or content.
d. Insofar as members are given the opportunity on the platform to redirect to databases, websites, services, etc. of third parties, e.g. by posting links or hyperlinks CURAZE is not liable for the accessibility, existence or security of these data bases or services, nor for their content. In particular, CURAZE is not liable for the legality, accuracy, completeness or timeliness of the content.
e. CURAZE shall be liable for damages without limitation – irrespective of the legal grounds and including liability for legal representatives or vicarious agents – in the event of intent and gross negligence. CURAZE shall also be liable without limitation for damages resulting from injury to life, body or health. Furthermore, CURAZE shall be liable for damages caused by slight negligence arising from the breach of a material contractual obligation (obligation, the fulfilment of which is indispensable for the proper performance of the contract and on whose fulfilment the contractual partner regularly relies on and may rely on); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage. In all other respects CURAZE’s liability is excluded.
f. The limitations of liability resulting from the above shall not apply insofar as CURAZE has fraudulently concealed a defect or has assumed a guarantee for the quality of a product. The same applies to claims under the Product Liability Act.
g. Insofar as liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
8. Data Protection
CURAZE is aware of the sensitivity of personal data and the protection of privacy. Personal data is collected, processed and used in accordance with the statutory regulations. The details can be found in our privacy policy. The bgreen leaders network is operated under data protection law within the framework of an agreement on the joint responsibility of CURAZE GmbH and Messe München GmbH in accordance with Art. 26 GDPR. The main contents of the agreement can be made available on request.
9. Copyrights; Industrial Property Rights
a. The user assures that he/she holds all necessary rights and licenses to the content that he/she uploads or distributes on the platform.
b. After becoming aware of an unlawful use and/or a legal infringement, CURAZE will, after appropriate examination, no longer make the corresponding content available for retrieval or delete it if necessary.
c. The user grants CURAZE the rights of use to the content uploaded to the platform that are rights of use and exploitation rights required for the provision of the platform. All other rights to the content remain with the user.
10. Amendment of the GTC
a. In principle, these GTC will not be amended. However, CURAZE reserves the right to amend these GTC in the future, except where the amendment is unreasonable for the user. CURAZE will notify the user of any changes to the GTC in a timely manner (e.g. on the homepage of the platform or by e-mail). If the user does not object to the validity of the new GTC within six (6) weeks of notification and uses the service again after this period has expired, the amended GTC shall be deemed to have been accepted by the user. CURAZE will inform the user of their right to object and the significance of the objection period.
b. CURAZE reserves the right to make changes to the GTC in the following cases:
- if the change is only beneficial to the user;
- if the change is purely technical or concerns a process on the platform, unless this has a significant impact on the user.
- insofar as CURAZE is obliged to ensure that the GTC comply with applicable law, in particular if the applicable legal situation changes;
- insofar as CURAZE thereby complies with a court judgment or a decision of the highest court or a decision of an authority; or
- insofar as CURAZE introduces additional, entirely new services or service elements, unless the change is detrimental to the member.
11. Final Provisions
a. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision. The same shall apply to incomplete provisions.
b. The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
c. Insofar as the member is a merchant, a legal entity under public law or a special fund under public law, Munich shall be the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
d. The contract is concluded in German, even if these General Terms and Conditions may also be offered in other languages, in particular English. In the event of a controversial interpretation of the contract the German version of the GTC shall prevail.
Status: February 2024