Terms and conditions

Legal Note: 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.

Preamble

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.

I. Scope of Validity and Contractual Agreement

  1. 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.
  2. 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.
  3. 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 content”).
  4. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.)).

III. Registration on “https://itbberlin.talentlms.com” and “culture.itb-berlin.com”

  1. 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 their registration.
  2. The registration on “https://itbberlin.talentlms.com” and “culture.itb-berlin.com” is free of charge.
  3. 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 offered by Messe Berlin GmbH in our Data Privacy Policy.
  4. During your registration you are obliged to provide truthful and complete details and to keep these details up-to-date.
  5. 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).
  6. 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.

IV. Payment

  1. With regards to payments on “https://itbberlin.talentlms.com” and culture.itb-berlin.com, we offer the payment methods PayPal and credit card.
  2. 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 following days.
  3. 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.
  4. 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.
  5. 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”.
  6. 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.
  7. 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).
  8. 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).
  9. 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)

V. User Obligations

  1. 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.
  2. 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.
  3. You are not allowed, no matter in what way, to misuse the services in whichever way.

VI. Liability of Messe Berlin GmbH

  1. Messe Berlinj GmbH only assumes liability according to the following liability rules.
  2. 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 obligations.
  3. 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 culpable conduct.
  4. 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.
  5. 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.
  6. 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 Act).
  7. Liability for data loss on your end will only be assumed under previously mentioned provisions.
  8. 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 “culture.itb-berlin.com”.
  9. Any further liability is excluded.
  10. The above liability exclusions apply both to contractual as well as to non-contractual claims. They also apply to employees of Messe Berlin GmbH.

VII. Terms of the Usage Agreement, Removal of Content and Use Exclusions

  1. 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 through the terms of use, especially the ones listed in Sec. II and V.
  2. 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.
  3. If Messe Berlin GmbH obtains information indicating that you have breached your obligations in Sec. II or Sec. V of these terms of use 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.

VIII. Changes to the Terms and Conditions

  1. 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.
  2. 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

  1. 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.
  2. The terms and conditions are subject to the law of the Federal Republic of Germany, with the exclusion of UN purchasing law.
  3. 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.
  4. 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.
  5. 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 available at http://ec.europa.eu/consumers/odr/ .

Instruction of Revocation

Legal Note: 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 sufficient.

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

Special Notices

  1. 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 of revocation.

  2. 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:


    1. gave his explicit approval that Messe Berlin GmbH starts fulfilling the contract before the revocation period ends and
    2. shared his knowledge about the fact that he loses the right of revocation by giving his approval.

Revocation Form

(If you want to revoke your contract, please include the following details)
– To: Messe Berlin GmbH, Messedamm 22, D-14055, E-Mail: info@messe-berlin.de, FAX: +49 (0)30 / 3038-2325:
– I/We(*) herewith revoke the contract regarding the following purchase/service(*):
– Ordered at/Received at(*)
– Name of the customer/s
– Address of the customer/s
– Signature of the customer/s (only if sent on paper)
– Date
----

(*) please delete as applicable.