Conditions of participation for digital participation in Techem GmbH events 

Status: April 2024

§ 1 Scope

The following terms and conditions for digital participation in the various events of Techem GmbH, Hauptstraße 89, 65760 Eschborn, apply to the purchase of the complete conference pass (“ticket(s)”) as well as to the registration and participation of visitors, sponsors, speakers or partners (collectively “participants”) in the event. By purchasing tickets and/or registering as an attendee, the purchaser of the ticket (“customer”) and/or the registering attendee accept these terms and conditions. Counter confirmations by the customer with reference to his own terms and conditions or terms and conditions of purchase are hereby expressly rejected. Deviations from these terms and conditions are only effective if they have been confirmed in writing by the organizer. These conditions of participation shall also apply if the organizer provides services without reservation in the knowledge of the customer's deviating or conflicting conditions.

1.2 Ticket sales and invoicing are carried out by our external service provider Meetingmasters e.K. Please note the terms of use there.

§ 2 Conclusion of the contract

2.1 The organizer uses the platform of rooom AG, Löbstedter Straße 47a, 07749 Jena, Germany to carry out the event.

2.2 The transfer of tickets, access codes or any other enabling of unauthorized access to the event is prohibited. In the event of a violation of the above provision, Techem GmbH is in particular entitled to block the relevant ticket or access codes and to refuse the user participation in the event by deleting the user profile without compensation and to refuse the sale of tickets or the allocation of access codes to the person responsible for another event in the future.

§ 3 Scope of services

3.1 The ticket allows the customer and the registered participant to attend the event and to use event-related services (“services”) provided during the event. Such services may include, subject to availability and without any entitlement arising, 1:1 video calls, chats, speaker calls, sponsorship, recruitment and other functions.

3.2 The Organizer reserves the right to change, limit or cancel the use and/or scope of one or more Services before and during the Event.

3.3 Any statements made by the Organizer in relation to the Event or the Services in advertising materials, on websites or in documentation merely constitute a description of the product and do not constitute any guarantee or assurance of a property unless this has been expressly designated as such.

3.4 The organizer will make reasonable efforts to achieve constant availability of the event and the services during the event dates. The point of measurement for determining the availability of the event and the use of the services is the interface between the event platform and the Internet.

3.5 The Organizer cannot be held responsible in the following situations, unless at least grossly negligent or intentional behavior can be attributed to it: Downtime caused by Internet malfunctions or other circumstances for which the Organizer is not responsible, in particular an epidemic or pandemic (such as Covid-19) or a force majeure event; Downtime caused by mandatory unscheduled maintenance work necessary to rectify faults; if possible, the customer and registered participant will be informed of any fault by means of a notice on the event website; and downtime caused by temporary defects in the technical infrastructure of the customer and registered participant, such as malfunctions of the customer's and registered participant's hardware.

§ 4 User Profile

4.1 Customers and Registered Participants are requested to create a user profile on the event platform before participating in the event. Customers and registered participants assure that they will register with their full and correct name and a valid e-mail address; that they are at least 16 years old; that they will use a secure password and treat it confidentially; that they will prevent the unauthorized use of their user account by third parties; and that they will comply with all applicable legal provisions and the user guidelines of Techem GmbH.

4.2 Creating a user profile with false information constitutes a violation of these General Terms and Conditions of Participation and entitles the organizer to terminate the agreement immediately and without notice and to exclude the customer or participant from attending the event.

4.3 The customer and the registered participant are responsible for everything that happens via their user profile, unless the customer and the registered participant have previously closed the user profile or informed the organizer of any misuse.

§ 5 Duties of the Customer and Participant; Rights of Use

5.1 Customers and Participants are solely responsible for providing and maintaining all technical equipment necessary for their access to the event and use of the services, in particular the necessary hardware, an operating system, a solid internet connection and up-to-date browser software.

5.2 Customers and Participants are obliged not to disclose their password and account to third parties and to protect them from access by third parties. Users can be held liable for any misuse of their account for which they are responsible.

5.3 Customers and participants hereby agree to respect the rights of third parties, including the rights of the organizer. In particular, customers and participants are not permitted to use the information obtained in connection with the services (e.g. contact details) or communicative services (contact with other users) for advertising purposes; to send or enter data that, due to its nature, properties, size or quantity, damage or block the entire IT infrastructure of the organizer or the computers of other third parties or spy out or damage data stored on this IT infrastructure (e.g. by means of viruses, Trojans or spam e-mails); take actions or distribute content in connection with the use of the services that violate the rights of third parties (e.g. copyright, trademark, personal and data protection rights) or violate legal provisions, in particular criminal laws, youth protection regulations, data protection regulations and the provisions of competition law.

§ 6 Statements, Information and Content for Joint Use

6.1 The services can enable the transmission and exchange of statements, information and content between customers and registered participants. Statements, information and content that customers and registered participants send or share or otherwise communicate can be viewed by other customers, participants or third parties. Customers and Registered Participants are responsible for the Statement, Information and Content shared with other Customers and Registered Participants and for the method chosen to share Statement, Information and Content.

6.2 The Organizer is under no obligation to post any Statement, Information or Content via the Service and may remove any Statement, Information and Content with or without notice.

§ 7 Proprietary Rights

7.1 The Customer and Registered Participant each represent that they each have the right to submit and/or publish the Statements, Information and Content provided by the Customer and Registered Participant during attendance at the Event and use of the Services. The Customer and Registered Participant also hereby declare that the statements, information and content provided, shared or otherwise transmitted by the User or the company do not violate applicable law or the rights of third parties (including intellectual property rights). In addition, the Customer and Registered Participant each affirm that the profile data of the User profile are true. The Organizer may be legally obliged to remove certain statements, information or content.

7.2 The Customer and Registered Participant grant the Organizer a worldwide, transferable and sub-licensable right to use the Explanation, Information and Content provided, shared, uploaded, exchanged or otherwise communicated during the Event.  This includes the right to use, copy, modify, distribute, publish and process the declaration, information and content without further consent of the Customer and the Registered Participant and without further notification and/or obligation to pay a license fee to the Customer and the Registered Participant or to third parties by Techem GmbH.

7.3 The Customer and the Registered Participant shall each indemnify the Organizer and hold it harmless from any claims, actions and/or other proceedings brought against the Organizer by third parties in relation to the right of use granted by the Customer and the Registered Participant to the Organizer. The indemnity shall include any losses suffered by the Organizer and any other costs and expenses incurred by it, including, without limitation, legal fees and costs and/or attorney fees.

7.4 The Customer and the Registered User may 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 by closing the user profile, whereby the Customer and the Registered User must take into account the following:

- Other Customers and/or Registered Participants may have copied the statements, information and content that are exchanged within the Services;

- other Customers and/or Registered Participants may have shared or stored them ; and

- the Organizer needs a reasonable amount of time to remove these statements, information and content from security and other systems.

§ 8 Statements, information and content

8.1 By using the services, the customer and registered participant may come across statements, information and content that could be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. The Organizer is not obliged to verify, correct, complete or otherwise modify statements, information and 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 any damage or loss as a result of statements, information and content of Customers and Registered Participants.

8.2 Furthermore, the Organizer is not responsible for services offered and/or provided to a Customer and a Registered Participant by another Customer or Registered Participant or a third party during participation in the Event and/or use of the Services. The offering or provision of services through the use of the Services is solely between Customers and Registered Participants.

8.3 In this context, the Customer and the Registered Participant agree that the Organizer: is not responsible for the offer, execution or procurement of these services; does not endorse any particular service offered by a Customer and Registered Participant; and may not enter into an employment, agency or joint venture relationship with a Customer and Registered Participant offering services.

8.4 If the Customer and Registered Participant offer Services through the Services, the Customer and Registered Participant each represent and warrant that the Customer and Registered Participant have all necessary licenses, permits and other authorizations required to offer and/or provide the

and/or provide the Service and that the Customer and Registered Participants will provide Services that comply with the Organizer's Code of Conduct and User Guidelines.

§ 9 Disclaimer and Limitation of Liability

9.1 The Organizer makes no representations or warranties regarding the Event and the Services, nor any representations that the Event and/or the Services will be uninterrupted or error-free. The Event and the Services (including content and information) are provided on an “as is” and “as available” basis.

9.2 The Organizer also makes no representations or warranties regarding revenue or profit expectations and/or business opportunities that are directly or indirectly associated with participation in the Event and/or use of the Services by the Customer or Registered Attendee.

9.3 Liability is excluded, unless mandatory under the Product Liability Act, for willful misconduct, gross negligence, loss of life, bodily injury or health damage, assumption of a guarantee of quality, fraudulent concealment of a defect or breach of material contractual obligations. Material contractual obligations are those obligations whose fulfillment is essential to the proper execution of a contract and on whose compliance the contracting parties may regularly rely. The compensation for damages due to the violation of essential contractual obligations is limited to the contractually typical, foreseeable damage, provided there is no willful misconduct or gross negligence.

9.4 The organizer's strict liability for defects that exist at the time of registration in accordance with § 536a para. 1 sentence 1 of the German Civil Code is excluded.

9.5 Insofar as the organizer's liability is excluded or limited, this also applies to the personal liability of the organizer's employees, workers, staff, representatives and agents.

§ 10 Change/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 access to the event will automatically be extended by the corresponding period and the dates for the services to be provided will be postponed to the new period of the event.

10.2 If the event has to be canceled by the organizer for organizational or other reasons for which Techem GmbH is not responsible, any payment for the tickets will be refunded. Further claims by the customer or registered participant, in particular for losses and damages, are excluded.

§ 11 Online dispute resolution platform

11.1 The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/Consumers/Odr. The organizer's contact details, including the e-mail address, can be found in the imprint on the event's website.

11.2 The organizer is neither obliged nor willing to participate in the dispute resolution procedure.

§ 12 Miscellaneous

12.1 The place of performance and place of jurisdiction for all disputes in connection with this contractual relationship is Frankfurt am Main, provided that the customer or participant is a merchant, a legal entity under public law or a special fund under public law, or at least one of the contracting parties has no general place of jurisdiction in the Federal Republic of Germany.

12.2 The law of the Federal Republic of Germany shall apply exclusively to all disputes arising from or in connection with the contract and these Terms and Conditions of Participation and/or participation in the event, regardless of the legal grounds, excluding conflict-of-laws provisions that refer to a different place of jurisdiction. The UN Convention on Contracts for the International Sale of Goods shall not apply.

12.3 Should individual provisions of these terms and conditions of participation be invalid, the validity of the remaining provisions shall not be affected.

12.4 The invalid provision shall be supplemented in such a way that the intended purpose is achieved.