General Terms and Conditions

1. Scope
1.1 These General Terms and Conditions (GTC) apply to the contractual relationship between Koelnmesse GmbH, Messeplatz 1, 50679 Cologne (hereinafter referred to as Km) and the users of the internet service “Matchmaking365-Community” of the service provider commissioned by Km.

1.2 The users in terms of these GTC are exhibitors and visitors of this Koelnmesse trade fair as well as interested persons (e.g. visitors of the website of “Kind + Jugend”), who have registered to use the online contact platform Matchmaking365-Community.
Only companies can become users of the Matchmaking365-Community. This group of users is subdivided into two groups:
a. Companies from the kids outfitting industry that do not exhibit at Koelnmesse trade fairs.
b. Companies that are exhibitors at “Kind + Jugend”. These last-mentioned user group are customers of Koelnmesse.
These customers receive the advanced account in accordance with the performance description as part of the obligatory marketing package when registering for the corresponding trade-fair event.
The Matchmaking365-Community is provided free of charge in accordance with the present General Terms and Conditions of Business and the performance description, agreed at the time of conclusion of the contract.

1.3 The use of Matchmaking365-Community is based on these GTC, which are recognized by the user by filling out the contact form and registering with Matchmaking365-Community. General terms and conditions of the user are not part of the contract.

2. General
2.1 Matchmaking365-Community provides all users with a complete communication and contact portal for the conveying of business contacts. It also includes the ability to upload company profiles, news, supply & demand requests, videos, and product images. Contributions of other members can be commented on and rated ("Like"). Members can send messages to each other via a messenger tool, and a chat room is also available. Connections between individual members are possible ("partnership"). The functions of the community are extended or edited in continuous operation. The users are personally responsible for how they use the portal. The users are supported entirely by the service provider commissioned by Km.

The users of Matchmaking365-Community also have the right to send and receive information via the platform.

2.2 The data and/or information provided by the user will only be made available on the Matchmaking365-Community platform if this data and/or information does not infringe legal regulations or the Matchmaking365-Community GTC. Km is entitled to remove illegal content from the community without advance notice.

2.3 Km does not assume any responsibility for the technical availability of the services offered and reserve the right to cancel them at any time. A guarantee or claims for damages of any kind in the event of a technical failure or other breakdown are excluded. In particular maintenance, security or capacity issues, as well as events which are beyond the control of Km (for example failures of public communication networks, power failures, etc.), may result in short-term failures or the temporary shut-down of the service.

2.4 The user is offered a contact and communication platform with various applications. Km does not participate in the communication as regards content and is not responsible for communication taking place or for its contents. If contracts are concluded using the Matchmaking365-Community platform, Km has no part in these and is therefore not a party to the contracts.

2. 5 Km is free to change the services offered by a service provider via the Matchmaking365-Community platform or to offer different services.

3. Registration conditions for user accounts
3.1 Users who visit the platform as suppliers in the role of a receiver of enquiries have to register before using the services of the Matchmaking365-Community platform.

3.2 Only companies with full capacity to contract who use the Matchmaking365-Community platform solely to exercise their commercial or freelance activities are allowed to register. Upon registering the user assures that all of the data he has provided is correct and complete. The user is not allowed to use any pseudonyms or aliases. If after registration the data provided changes, the user is obliged to correct the data immediately.

3.3 The contract between Km and the user is concluded by an e-mail from Km, in which the user is informed that his user account has been created.

3.4 When registering, the user is required to enter an e-mail address as the user name. Upon registering the user can enter an e-mail address as user name. He is obliged to keep his password secret and not to pass it on to a third party. Km will at no time ask the user for the password outside the registration area. Password changes are to be made via an automatic request (input field on the Matchmaking365-Community platform) for a new password by the user. We can accept no liability for any damages which result from the negligent passing on of a password or the selection of a password which is too obvious.

3.5 A user account is not transferable.

3.6 The user can delete his user account at any time with immediate effect via a dedicated link in “My Settings” and in so doing end his participation in the Matchmaking365-Community platform.

4. Obligations for users - enquirers and suppliers
4.1 The user is obliged to provide Km with an e-mail address as user name. This e-mail address is needed for the service provider to be able to provide service and support. The user has to ensure that the e-mails sent to the e-mail address in question actually reach him. He has to ensure in particular that the e-mails are not rejected, for example because the storage volume allowed with the provider he uses has been exceeded or because automatic filters (so-called spam filters) have been activated.

4.2 The user has to consider when using the content and services on the Matchmaking365-Community platform all third-party rights. The user is in particular not allowed
• to use abusive or defamatory content, irrespective of whether this content concerns other users, persons or companies,
• to use pornographic content or content which infringes youth protection laws or to advertise, offer or sell pornographic products or products which infringe youth protection laws,
• to use content protected by law (e.g. by copyright law, trademark law, patent law or protected designs) without being entitled to do so, or to advertise, offer or sell goods and services protected by law,
• to engage in or promote anti-competitive activities, including progressive customer acquisition schemes (such as chain, snowball or pyramid systems),
• to harass other users unreasonably in terms of § 7 of the UWG (German Unfair Competition Act),
• to carry out, advertise or promote structured sales methods (such as multi-level marketing or multi-level network marketing),
• to use mechanisms, software or scripts when using the Matchmaking365-Community platform,
• to copy using robot/crawler search engine technology,
• to distribute or publicly reproduce the content of the Matchmaking365-Community platform or of other users and
• to undertake any actions which may impair the functionality of the infrastructure of the Matchmaking365-Community platform, in particular actions which may overload the infrastructure.

4.3 The layout of the Matchmaking365-Community platform and the Matchmaking365-Community GTC may only be reproduced and/or used on other websites with Km’s prior approval in writing.

4.4 Use rights
The user or his/her licensers shall remain the holders of all property rights and copyright to the content included on the Matchmaking365-Community Platform. The user hereby grants Koelnmesse a non-exclusive, geographically unrestricted and free right of use to use all content, uploaded to the Koelnmesse servers by the user or published with the help of the Matchmaking365-Community Platform, within the scope of the Matchmaking365-Community Platform, in particular to reproduce and disseminate the content, to make it publicly accessible, to perform, broadcast and broadcast it on, and to make it available to third parties in other ways on any medium desired, as well as to edit and rearrange it. The right of use is limited to the term of the contract. Koelnmesse and its subcontractors are however entitled at all times to create backup copies of the content in the customary scope, and to retain these even after ending of the contract. Koelnmesse is entitled to use the content for own business purposes during and after the term of the contract, i.e. to use the content itself or through affiliated companies for the purpose of promoting the Matchmaking365-Community Platform or related services.

5. Sanctions, blocking and termination
5.1 Km may at its own discretion take appropriate measures if there are clear indications that a user is infringing legal regulations, the third-party rights or the Matchmaking365-Community GTC, or if Km has any other legitimate interest, in particular the protection of users against fraudulent activity.

5.2 Km may without advance notice delete content input by the user, issue a warning or block access to the services of the Matchmaking365-Community platform, in particular if at least one of the following conditions is present:
• non-compliance with legal regulations by the user,
• incorrect contact data, in particular an incorrect or invalid e-mail address,
• infringement by the user of his contractual obligations relating to the Matchmaking365-Community GTC.

5.3 Exhibitors may use the platform over a complete trade fair cycle. The period of time is based on the dates of the trade fair, for which the users have registered for the Matchmaking365-Community platform. The trade fair cycle ends on the first day of the trade fair's next edition. All other users are allowed to use the platform permanently.
Km may terminate the user contract at any time within a notice period of fourteen days. The right to block remains unaffected by this.

5.4 Km may terminate the contract if there is good cause to do so at any time without notice, in particular if the continuation of the contractual relationship is unreasonable for Km.

6. Responsibility and limitation of liability
6.1 Km accepts no responsibility for the content, data and information provided by the users, nor does it accept responsibility for content on linked external websites and accepts no liability in this regard. Km in particular does not guarantee that this content is correct, fulfils any particular purpose or can be used for any such purpose.

6.2 In the case of death, physical injury and illness Km is liable for its own intentional or grossly negligent breach of duty and for faults attributable to its legal representatives and vicarious agents. Apart from that however, claims for damages, irrespective of legal basis, are excluded, if Km, its legal representatives and vicarious agents are charged with ordinary negligence. However the above restriction does not apply, if essential contractual obligations are violated. In the event of a breach of essential contractual obligations, Km's liability is limited to compensation for typical foreseeable damage.

Apart from that Km's liability is excluded.

7. Indemnity
7.1 The user shall indemnify Koelnmesse against all claims of third parties, asserted by these against Koelnmesse or its vicarious agents on the basis of a culpable violation of rights by the user.

7.2 In the event of third parties asserting claims against Koelnmesse, Koelnmesse shall inform the user immediately of the claims asserted, and, at its discretion, shall leave the defence to the user or conduct the defence in consultation with the user. Koelnmesse shall neither recognise claims of third parties nor declare them generally indisputable without the consent of the user.

7.3 The indemnification shall apply accordingly to fines as well as to other official or judicial orders and claims.

8. Final conditions
8.1 Amendments and additions to the Matchmaking365-Community GTC must be made in writing. There are no additional agreements.

8.2 Km reserves the right to amend the Matchmaking365-Community GTC at any time without stating reasons. The amended conditions will be sent to the user by e-mail at the latest two weeks before they become effective. If the user does not object to the validity of the new Matchmaking365-Community GTC within two weeks of receiving the e-mail, the amended Matchmaking365-Community GTC will be considered to have been accepted. Km will advise the user in the notification of his right of objection and the significance of the objection deadline.

8.3 Should individual conditions in these Matchmaking365-Community GTC be or become ineffective, this shall not affect the effectiveness of the remaining conditions. The ineffective condition shall be considered to be replaced by a condition which is closest in economic meaning and purpose to the ineffective condition and has legal effect. The same applies to any loopholes.

8.4 The place of jurisdiction permitted by law is Cologne.

8.5 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Last updated: November 07, 2018