The only legal binding language of these Terms and Conditions of Use is
German and even though there may be translations of these Terms and
Conditions into languages other than German, the German version shall be
the definitive and binding version and German shall be the only language
used in the interpretation of these Terms and Conditions.
The following terms and conditions of use for the internet platform
“https://itbberlin.talentlms.com” and culture.itb-berlin.com, by the
company Messe Berlin GmbH, Messedamm 22, 14055 Berlin, Germany, hereafter
referred to as Messe Berlin GmbH, form the basis of use of the internet
platform and the services offered on it insofar as they require
registration. The here specified "small print" enables not just our but
also your (hereafter referred to as “you” or “user”) protection and
provides an important foundation for a secure and safe use of our services.
We therefore ask for your understanding that the use of our services is
possible solely on the basis of the following terms and conditions.
Scope of Validity and Contractual Agreement
These terms and conditions shall apply to all internet services
requiring registration by the Messe Berlin GmbH, Messedamm 22, 14055
Berlin (hereafter referred to as "Messe Berlin GmbH"), which are
accessible via the URLs “https://itbberlin.talentlms.com” and
culture.itb-berlin.com. If you sign up as a user to these sites, you
have to consent to these terms and conditions. After giving your
consent and finishing registration, a legally binding contract comes
into effect between you and Messe Berlin GmbH, based on these terms and
conditions. Messe Berlin GmbH delivers its services exclusively based
on these terms and conditions.
Authoritative is the version of terms and conditions current at the
time of conclusion of the contract. You will be notified of these in
the course of the registration.
In addition to the access to the content +49 (0)30 / 3038-2325, there
are several functions available to the user, e.g. comments of users,
revision notes, tags and similar (hereafter referred to as “user
Terms and conditions for e-authors are defined separately, according
information can be provided by change.project gmbh which owns the
rights of the content.
II. Services Offered by Messe GmbH Berlin
Messe Berlin GmbH provides an internet platform on which educational
content covering various topic categories in the form of videos,
self-paced trainings and documents or in other forms (“educational
content”) is offered and can be accessed.
The services and educational content offered by Messe Berlin GmbH are
requiring payment. An exception is one free video sample. Offers
requiring payment are always clearly indicated.
The content offered on “https://itbberlin.talentlms.com” and
culture.itb-berlin.com is only to be used by registered users for their
own purpose according to the contractual agreements. A download by the
user is illegal, no matter for what purpose.
To use the services offered by Messe Berlin GmbH you have to fulfill
certain technical requirements that are not part of the services
offered by Messe Berlin GmbH (in particular you need to have a computer
with internet access and software that is required for the use of our
services (e.g. internet browser, etc.)).
Registration on “https://itbberlin.talentlms.com” and
The registration as “learner” results from opening a user account,
which requires your consent to these terms and conditions. Underage
users need to send a written consent form signed by their parent or
legal guardian to Messe Berlin GmbH (see preamble for address) prior to
The registration on “https://itbberlin.talentlms.com” and
“culture.itb-berlin.com” is free of charge.
For the use and execution of the offered services, Messe Berlin GmbH
has permission to obtain, store, process and use certain personal data
of the user. For this please see
processing and disclosure of personal data for purposes of
information transfer and staging of the event or for advertising
and additional services, also get
information about data protection in connection with the services
During your registration you are obliged to provide truthful and
complete details and to keep these details up-to-date.
You must keep your access details secret all the time. You are solely
responsible for any activities that are undertaken via your user
account (more information see fig. V and VII).
Messe Berlin GmbH reserves the right to decline registration requests.
In this case, Messe Berlin GmbH can inform you via e-mail about the
reasons for the decline; though it is not obliged to do so.
With regards to payments on “https://itbberlin.talentlms.com” and
culture.itb-berlin.com, we offer the payment methods PayPal and credit
If you pay with credit card or PayPal, the debit of your account will
be applied after completion of your order. If you pay with direct
debit, we will transfer the debit order to our payment service
provider. The debiting of your account will be applied within the
When choosing the payment method direct debit, thereby providing the
customer’s bank details, Messe GmbH is authorized to collect the
invoiced amount from the account of the customer through its partner
change.project gmbh. If the debit cannot be collected due to
insufficient funds, false bank details, or if the customer refuses the
debit, although he does not have the rights to do so, the customer has
to bear the fees generated for any refund or failed transaction by the
respective credit institution if they result from his actions. The
debit of your account will take place after conclusion of your order.
If you make a payment on “https://itbberlin.talentlms.com” and
“culture.itb-berlin.com”, a contract for a service is formed stating
that you purchased the access to the content against a subscription fee
for a period of 55 days. And the right to use the content within the
agreed upon period. The prices and time periods applicable are those
indicated at the time of the transaction.
The representation of products in our online shop shall not constitute
a legally binding offer, but rather a non-binding online catalogue. By
clicking on the “Buy now” button, you are placing a binding order for
the items contained in the shopping cart. The confirmation of receipt
of the order and acceptance of the order follows immediately after the
placement, also you will be able to download or print out your invoice
under the menu item “My Payments”.
Messe GmbH Berlin can remove content from the platform at any time.
Also any user rights include only you. A transfer of the access details
to third parties or the joint use with third parties, who have not
purchased access, is not permitted.
By using content requiring payment, you form a contract with Messe
Berlin GmbH. All payment procedures are processed by Messe Berlin GmbH
and its educational partner change.project gmbh or a third party with
which Messe Berlin GmbH and change.project gmbh is working for the
purpose of handling the payment transactions (PayPal).
Messe Berlin has the right to charge user fees for additional services
at a future time or charge for services previously available free of
charge (e.g. content samples).
During a transaction we store the wording of a contract and you will
receive the order details by Paypal. Under “My Payments” you are able
to download your invoice (you will also automatically receive an e-mail
from Paypal with your payment details)
You are obliged to keep your access details (username, password) secret
and not to enable access to your account through third parties. Your
user account cannot be transferred to third parties. Specifically, it
is expressly forbidden to give third parties access to your user
account and the services of Messe Berlin GmbH to avoid potential fee
payments. You are obliged to inform Messe Berlin GmbH immediately if
there are any indication for the abuse of your user account or when you
receive the information that a third party has gained access to your
account details without authority.
You are obliged, when using “https://itbberlin.talentlms.com” and
“culture.itb-berlin.com”, to abide by the law and statutory provisions.
The duplication, publishing and distribution (including via radio, TV
or the internet) of content of “https://itbberlin.talentlms.com” and
“culture.itb-berlin.com”, no matter in what form, is expressly
forbidden. No copyright of any kind is transferred to you.
You are not allowed, no matter in what way, to misuse the services in
Liability of Messe Berlin GmbH
Messe Berlinj GmbH only assumes liability according to the following
Towards companies, Messe Berlin GmbH is only liable for claims if Messe
Berlin GmbH’s legal agents, executive employees or any other executive
assistants (auxiliary persons) have acted with intention or gross
negligence, except for the case of breach of fundamental contractual
Towards consumers, Messe Berlin GmbH is only liable for damages in the
case of intention and gross negligence. In the case of breach of
material contractual obligations, Messe Berlin GmbH is liable for each
In the case of damages to assets or wealth caused by slight negligence,
Messe Berlin GmbH provides indemnity in case of material breach of
contract conditions. In such a case the liability for damage is limited
to the amount foreseeable and typical for this type of contract at the
time of the conclusion of the contract.
Material contract obligations as aforementioned are duties which are
fundamental for the due fulfillment and the observation of which the
contractual partner can have justified trust in.
The aforementioned liability exclusions and limitations of liability
towards business clients or consumers do not come into force in the
case of explicit warranties declared by Messe Berlin GmbH; in the case
of willful misrepresentation and damage to life, body or health as well
as obligatory legal regulations (e.g. claims under the Product
Liability for data loss on your end will only be assumed under
previously mentioned provisions.
Messe Berlin GmbH shall not–except for the previous rules–be liable for
the correctness, quality, completeness, reliability, nature or kind of
information and content on its website or third party websites that are
linked to from or mentioned on “https://itbberlin.talentlms.com” and
Any further liability is excluded.
The above liability exclusions apply both to contractual as well as to
non-contractual claims. They also apply to employees of Messe Berlin
Terms of the Usage Agreement, Removal of Content and Use Exclusions
The parties' right to extraordinary termination of the usage
relationship shall remain unaffected by the regulations in the terms of
use. An important reason for extraordinary termination for Messe Berlin
GmbH exists especially when you have given wrong details during the
registration or/and if you have breached your obligations that arise
The service offering is in the discretion of Messe Berlin GmbH; all
offers are non-binding and subject to change. Messe Berlin GmbH
reserves the rights to change, add or delete–without giving reason–the
content partly or completely or to stop the services temporarily or
completely. In particular, Messe Berlin GmbH reserves the rights to
limit the data storage made available for single services and/or the
data transfer volume, as long as this doesn’t discriminate you contrary
to the principle of good faith and trust. In case of dismissal of
services already paid for that Messe Berlin GmbH has not fulfilled at
the time of the dismissal, the services are refunded.
If Messe Berlin GmbH obtains information indicating that you have
intentionally or negligently, Messe Berlin GmbH reserves the right
without having to give reasons to cancel your access temporarily or
permanently, to block or remove your content and/or to limit the use
and functionality of the services. If your user account has been
blocked, you can only obtain a new access to the services with written
consent by Messe Berlin GmbH. Messe Berlin GmbH decides about your new
access at its own discretion.
Changes to the Terms and Conditions
Basis for the usage contract are the terms and conditions of the
website during the registration of the user. Messe Berlin GmbH reserves
the right to make subsequent changes to these terms and conditions, as
long as this seems necessary and as long as this does not cause you
significant and insufferable disadvantages that are contrary to the
principle of good faith and trust.
Subsequent changes to the terms and conditions normally serve to
improve the services requiring registration offered by
“https://itbberlin.talentlms.com” and “culture.itb-berlin.com” in your
interest. Changes can also be necessary due to changes in legislation
and/or the implementation of laws and unforeseeable changes that Messe
Berlin GmbH does not initiate and on which Messe Berlin GmbH has no
influence and which would–without adjusting or adding to the terms of
use–make the execution of the contract more difficult or impossible.
Substantial deviations from the terms and conditions valid upon
conclusion of the contract and fundamental changes to the user contract
are explicitly excluded from the aforementioned right to amend and may
only be made by consent between you and Messe Berlin GmbH.
IX. Other Provisions
Should any or several provisions of this agreement be ineffective, the
effectiveness of the agreement as a whole and the effectiveness of the
other provisions shall remain unaffected. The ineffective or unfeasible
provision shall, insofar as legally permissible, be deemed to be
replaced by a legally effective provision which corresponds as closely
as possible to the commercial intent and purpose of the ineffective
provision. The same is valid for possible omissions in regulations.
The terms and conditions are subject to the law of the Federal Republic
of Germany, with the exclusion of UN purchasing law.
If Messe Berlin GmbH waives the execution of these terms and conditions
in particular cases, this does not imply a modification of the terms
and conditions as such.
If the customer is a merchant, a legal entity under public law or
public-law special funds or without legal venue in Germany, the legal
venue for any disputes under this contract shall be Berlin.
In the first quarter of 2016, the European Commission will provide an
internet platform for online dispute resolution (the so-called
ODR-platform). On this website, users will be able to reach
out-of-court settlements with regard to contractual obligations that
resulted from online sales agreements. The ODR-platform will be
Instruction of Revocation
The only legal binding language of this Revocation Policy is German and
even though there may be translations of this Revocation Policy into
languages other than German, the German version shall be the definitive and
binding version and German shall be the only language used in the
interpretation of this Revocation Policy.
Right of Revocation
You can revoke your contract in writing within two weeks without giving
reasons. The revocation period lasts 14 days from the date the contract
became effective. To claim your right of revocation, you have to send us
(Messe Berlin GmbH, Messedamm 22, D-14055 Berlin, E-mail:
info(at)messe-berlin.de, FAX: +49 (0)30 / 3038-2325) your revocation
declaration (for example via mail, fax, or e-mail).
To keep to the revocation deadline, a timely dispatch of the revocation is
Consequences of Revocation
If you revoke this contract, we are required to refund all payments without
delay and at the latest 14 days after the revocation declaration was
received by us. The same payment method that was used during the purchase
will be used for the refund payment, unless a different agreement was made.
In no case payment transaction fees for the refund will accrue.
If you insist on using the service while the revocation period was active,
you have to compensate for the already executed services pro rata.
End of Revocation Instruction
The right of revocation is void with respect to § 356 (4) BGB if Messe
Berlin GmbH has fulfilled all services within the contract and started
delivering the services after the user gave his explicit permission to
do so and shared his knowledge about the fact that he loses the right
The right of revocation is void with respect to § 356 (5) BGB for a
contract that includes the delivery of digital services on a
non-physical medium if Messe Berlin GmbH started delivering the
services after the user:
gave his explicit approval that Messe Berlin GmbH starts fulfilling
the contract before the revocation period ends and
shared his knowledge about the fact that he loses the right of
revocation by giving his approval.
(If you want to revoke your contract, please include the following details)
– To: Messe Berlin GmbH, Messedamm 22, D-14055, E-Mail:
email@example.com, FAX: +49 (0)30 / 3038-2325:
– I/We(*) herewith revoke the contract regarding the following
– Ordered at/Received at(*)
– Name of the customer/s
– Address of the customer/s
– Signature of the customer/s (only if sent on paper)
(*) please delete as applicable.