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  Wednesday, 22 Nov 2017
 
 
               
     
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GENERAL TEMS AND CONDITIONS FOR THE USE OF ibc21 PLATFORM


Welcome to ibc21!
amers consulT (hereinafter referred to as "ibc21") provides its services based on the following General Terms and Conditions (hereinafter referred to as "GTC").

When using specific ibc21 services, additional special terms for these may apply. In such case these terms will be pointed out to you before the use of the services. Unless explicitly stated otherwise, any new features which extend or enhance the current services, including future ibc21 services, shall be subject to these GTC.

Upon registration with ibc21 as an "individual user" or as a "company" (hereinafter referred to as the "ibc21 user") you acknowledge and agree to these GTC.

ibc21 offers its services exclusively to natural persons of full legal age and to companies.

  1. Conditions for using the ibc21 Services
    In order to use ibc21 services the ibc21 user needs to obtain Internet access as well as to provide all equipment necessary to gain this access. In addition, any expense for Internet access shall be covered by the ibc21 user.

  2. Description of the Service
    • ibc21 offers all services free of charge. 
    • The offer of ibc21 comprises solely the provision of a platform, which enables the ibc21 user to publish information about himself and/or his business, to search for or publish vacant jobs, projects, RFPs/RFIs or RFQs, to get in contact and to communicate with other ibc21 users as long as those may wish or accept this. ibc21 does not warrant that any contact or contract with the desired communication partner will be established in fact. ibc21 does not participate in any communication amongst ibc21 users themselves. If the ibc21 user enters into agreements with other users via the ibc21 platform, ibc21 is not involved and will not be at any time contracting party to these agreements. It is the sole responsibility of the ibc21 users themselves to execute and fulfil the contracts agreed amongst. Furthermore, ibc21 is not liable for any breach of duties by ibc21 users from agreements concluded between ibc21 users
    • ibc21 makes available all data and/or information provided by the ibc21 user to other ibc21 users, unless data and/or information breaches any applicable law or statues or any of the terms and conditions of these GTC or has not been marked explicitly declassified by the ibc21 user in his privacy settings. ibc21 reserves the right to remove any illegal, not compliant content from the ibc21 domains without giving notice.
    • ibc21 undertakes all effort to keep its Internet services available and to provide constant performance to the ibc21 user however, it is technically impossible to achieve an availability of the ibc21 websites of 100%. The user of the ibc21 services acknowledges this fact and agrees that there is no claim to raise for a 100%-availability of the ibc21 websites.

  3. Registration, Obligation to Register
    • The registration to the ibc21 platform is free of charge. The ibc21 user acknowledges and agrees that no claim exists to use the ibc21 platform.
    • Prior to using any of the services on the ibc21 websites the user must register and create an account.
    • The user must provide true, accurate, current and complete information about himself as prompted by the Service's registration form, as well as he must maintain and promptly update the registration data to keep it true, accurate, current and complete. In the case the user provides any information that is untrue, inaccurate, not current or incomplete, or if ibc21 has reasonable cause to suspect that such information is untrue, inaccurate, not current or incomplete, ibc21 reserves the right to suspend or terminate the ibc21 account and refuse any and all current or future use of the service or any portion thereof.
    • The user warrants that he/she is of full age and has legal capacity.

  4. Member Account, Password and Security
    • When registering to ibc21, the ibc21 user chooses a nickname as login name and a password. The ibc21 user is responsible for maintaining the confidentiality of the password and the account, and is fully responsible for all activities that occur under his password or account. The user is obliged to immediately notify ibc21 of any unauthorized use of the password or account or any other breach of security. ibc21 is not and will not be liable for any loss or damage arising from the user's failure to comply with this Section.

      ibc21 will not disclose the password to any third party and will not request the User's password at any time except during the login procedure.

    • It is technically impossible for ibc21 to determine with certainty whether any user registered with ibc21 is in fact the person which such user pretends to be. ibc21 does not warrant the correctness of any ibc21 user's represented identity, and each ibc21 user is solely responsible to check the correctness of the identity of any other ibc21 user.

  5. Obligations of the ibc21 User
    • The ibc21 user is obliged to provide solely true and non-misleading statements in his user's profile and in his communication with other ibc21 users.
    • The ibc21 user is obliged to transmit to the ibc21 websites only photographs of himself/herself which are not older than two (2) years and which clearly and plainly identify the ibc21 user. ibc21 will not display any personal photographs of any ibc21 user unless the user explicitly enables the display in his privacy settings. The ibc21 user shall not transmit any photographs or images of any other person than of the user, nor of non-existent persons or other beings (such as animals, fantasy beings, etc.).
    • All information, data, text, software, photographs, graphics or other materials ("Content"), whether publicly posted or privately transmitted, is under the sole responsibility of the person from which such content originates. The user agrees not to use the ibc21 platform and services to:
      1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      3. use any pornographic Contents or any Contents not in compliance with any applicable laws or statutes for the protection of minors, and the ibc21 user shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors;
      4. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by law as a foreign terrorist or observed by safety or protection of children and young people authorities;
      5. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  6. Modifications to Services
    ibc21 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The ibc21 user agree that ibc21shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the Service, as far as ibc21 considers this as necessary in accordance with those GTC.

  7. Termination
    • The ibc21 user may terminate the Membership at any time without cause. The ibc21 user may deliver notice of termination using the contact form provided under the link "Contact ibc21/Account Issues" accessible from each of the ibc21 websites.
    • The ibc21 user may terminate the Membership, without cause, giving ten (10) work days notice. The ibc21 user may deliver notice of termination using the contact form provided under the link "Contact ibc21/Account Issues" accessible from each of the ibc21 websites, or by facsimile or letter post. 
    • ibc21 may terminate the contract, without cause in accordance with the applicable laws and statutes, giving ten (10) work days notice. If ibc21 terminates the contract for good cause, ibc21 may do so without any term of notice. Cause for such termination shall include, but not be limited to:
      1. If the ibc21 user provides any information that is untrue, inaccurate, not current or incomplete about himself as prompted by the Service's registration form or during the update of the Registration;
      2. If the ibc21 user breaches a contractual obligation;
      3. If the ibc21 user causes damage to any other ibc21 user(s);
      4. If the ibc21 user does not comply with any applicable law or statute;
    • In the event of a good cause in accordance with Section 7 and notwithstanding ibc21's right to terminate the contract in accordance with Section 7, ibc21 is entitled to:
      1. delete the contents provided by the ibc21 user,
      2. issue a warning, or
      3. block the ibc21 user's access to the services on the ibc21 websites.

  8. GENERAL PRACTICES REGARDING USE AND STORAGE
    • The ibc21 user acknowledges and agrees that ibc21 may establish general practices and limits concerning use of the Service, including without limitation
      1. the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service,
      2. the maximum number of email messages that may be sent from or received by an account on the Service,
      3. the maximum size of any email message that may be sent from or received by an account on the Service,
    • The ibc21 user acknowledges and agrees that ibc21 has no responsibility or liability for the deletion or failure or to store any messages and other communication or content maintained or transmitted by the Service and that ibc21 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice and that ibc21 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  9. Restriction of liability by ibc21
    ibc21 - including any person acting on behalf of ibc21 under this contract - shall not be liable for damages under any claim based on normal negligence. Only if ibc21 breaches a basic obligation under this contract ibc21 shall be liable. In this event, ibc21 shall only be liable to the User to an extend representing damages typical and foreseeable to the characteristics of this contract and in no case in excess of these.

  10. Release from reliability
    The User warrants and represents that any contents, data and/or information in the services of the ibc21-Websites provided by the User is free of any rights of any other user or any third party. The User further warrants and represents that the User complies with the applicable laws and statutes and the terms and conditions of these GTC, when using the ibc21-Websites. The User shall indemnify and hold ibc21 harmless from and against any and all actions, claims, losses, damages, liabilities, awards, as well as reasonable costs and expenses (including legal fees) resulting from or arising out of any litigation or any breach of the foregoing warranties, or which is based on a claim of an infringement. ibc21 reserves all further rights and claims for damages.

  11. Data Protection
    ibc21 acknowledges and agrees that any data provided by the User to ibc21 is extremely important to the User and ibc21 shall therefore be particularly sensitive in dealing with said data. ibc21 shall adhere to all applicable statutory provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable laws and statutes on data protection). In particular, ibc21 shall not disclose any personal data of the User to any third party without being entitled to do so. Details on ibc21's treatment of the User's data are set forth in the Data Protection Policy of ibc21 accessible from each of the ibc21-Websites under https://www.ibc21.com/privacy statement.

  12. Final Provision
    • This contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract.
    • ibc21 reserves the right to amend these GTC at any time, without giving reasons. ibc21 shall give due notice of any amendments of these GTC to the ibc21 user. All notifications to the user will be submitted by the administrator and will be posted in the start page under "message form ibc21" and additionally will appear in the weekly report which will be sent by E-mail to the ibc21 user. The user is obliged to enable at least one of the above notification settings under "My settings/Notifications". If the user does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the user. ibc21 shall inform the ibc21 user about the user's right to object and of the objection deadline in said notice.
    • The ibc21 user may submit all notices to ibc21 using the contact form provided under the link "Contact ibc21" accessible form each of the ibc21 websites , by letter post or facsimile. ibc21 may submit notices to the user by e-mail, facsimile or letter post to the addresses the ibc21 user has provided as the user's current contact data in the user's ibc21 account.
    • In case any provision of these GTCs, for any reason, invalid and/or enforceable or contradicting any legal regulations, the remaining provisions shall continue to be valid and enforceable to the fullest extend permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable one which closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
    • The place of delivery of any obligations and/or performance under these GTC shall be ibc21's main place of business.
    • ibc21's main place of business is considered as legal venue.
    • These GTC and the contractual relationship shall be governed exclusively by the applicable laws and statues of Germany, and excluding the provisions of the EGBGB.

Final statement:
Shall any of these terms be equivocal in it's meaning or leave dubious room for interpretation the German version of these GTC namely "Allgemeine Geschäftsbestimmungen" available under https://www.ibc21.com/agb.

     
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