PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE YOU USE PATANSWER’S startup-together.com WEBSITE.
Terms and Conditions of Use
Welcome to patanswer’s startup-together.com website. The following describes the Terms and Conditions applicable to the use by each user (the User) of services (the Services) available at the patanswer startup-together.comwebsite (collectively, including startup-together.com and its related sites, services and tools, the Platform). The Platform and the Services are provided by patanswer GmbH, Wendelsteinstr. 29A, 82031 Gruenwald, Germany, Tel.: +49 (0) 89 642 82 582 (the Platform Operator). By using the Platform and the Services the User agrees to the following Terms and Conditions of Use.
1. Platform Accessibility
The Platform Operator will make diligent efforts to maintain the Platform, however, factors outside of the Platform Operator’s control may impact operation of the Platform and availability of the Services. The Platform Operator cannot guarantee access to the Services at all times. The Platform Operator reserves the right to add, delete or change the Services available through the Platform at any time.
2.1. The Platform Operator operates the Platform as a place for providers of services such as services of relevance to startup companies (SERVICE) to advertise the availability of such SERVICES. The Platform Operator offers to the User who accepted the Terms and Conditions to view the advertisements in order to use the viewed information to pursue an interest in the SERVICE shown to be available, and to use the advertised SERVICE.
2.2. The Platform Operator solicits information about SERVICES that a User as provider of the SERVICE seeks to provide (Confirmed SERVICE Information). The Platform Operator requires the User or the third party that provides Confirmed SERVICE Information (in this respect collectively the SERVICE Information Provider) to also provide Confirmed SERVICE Information Provider’s contact details (the Contact Information). Such Contact Information serves to address to the SERVICE Information Provider any future enquiries related to Confirmed SERVICE Information. The Platform Operator, at its discretion, may also provide other information (Other Information) that, as the case may be, may relate to other SERVICES that may or may not be available. Based on Confirmed SERVICE Information and/or on Other Information (collectively SERVICE Information), the Platform Operator prepares for display on the Platform data related to selected SERVICES.
2.3. The Platform Operator uploads the prepared information, in the case of Confirmed SERVICE Information together with the necessary and/or approved Contact Information, to the platform and displays the uploaded information (the Display Information) on the Platform as information related to SERVICES that may be available, or as information related to other SERVICES that might be of interest to the User. The User who accepted the Terms and Conditions may view the Display Information and use the Confirmed SERVICE Information as a starting point for further investigation into the SERVICES, for example in public data bases, so as to select the SERVICE of the User’s interest. The User may use the Contact Information in order to direct an enquiry related to the selected SERVICE to a contact address associated with the selected SERVICE. The User may use the Other Information to request the Platform Provider to solicit, at the expense of the User, if at all available, Confirmed SERVICE Information and Contact Information that appears suitable to confirm and/or to complement the Other Information in respect of selected other SERVICE. The Platform Provider is under no obligation to respond or otherwise react to any such request.
2.4. The Platform Operator does not become party of any contractual relationship between the Users of the Services, respectively the potential provider of SERVICE and the potential user of the respective SERVICE.
3. Display Information
3.1. The Platform Operator does not guarantee the accuracy and integrity of the information (including, but not limited to, the Display Information) on the Platform. In particular, neither does the Platform Operator guarantee the accuracy of SERVICE Information, nor does the Platform Operator guarantee any availability of the displayed SERVICE. Further, the Platform Operator does not guarantee the accuracy of the Contact Information, in particular, any availability, identity, qualification and authorisation of a person stated in the Contact Information to handle enquiries related to SERVICE Information. The Platform Operator does not have any knowledge, if the Other Information is accurate. In particular, THE PLATFORM OPERATOR DOES NEITHER KNOW NOR CONTENT THAT THE OTHER INFORMATION RELATES TO SERVICE THAT IS AVAILABLE. While the Platform Operator believes that Confirmed SERVICE Information shown in Display Information was provided to and/or obtained by the Platform Operator in good faith and was published accurately, each User is responsible for verifying the accuracy of Display Information, for example by inspection of public registers and as part of User’s discussions with other parties, in particular as part of the User’s discussions with the SERVICE Information Provider contacted in accordance with the Contact Information. The Platform Operator does not control, nor is the Platform Operator responsible and liable for the SERVICE Information (including feedback) that is made available in connection with the Services. Other User’s information may be offensive, harmful or inaccurate.
3.2. Each SERVICE Information Provider hereby accepts to release, indemnify and hold harmless the Platform Operator from any and all claims and damages of any kind incurred by the Platform Operator in connection with the information provided by the SERVICE Information Provider, including but not limited to, the SERVICE Information and Contact Information. Each other User hereby agrees to solely seek remedy only from the SERVICE Information Provider for any claims it may have regarding the information provided by the SERVICE Information Provider, including but not limited to, Display Information, and to release, indemnify and hold harmless the Platform Operator from any and all claims and damages of any kind arising from such dispute with the SERVICE Information Provider. In addition, the provisions of Section 8 (No Warranties) and Section 9 (Limited Liability) do apply.
4. Messages and Submissions
The Users may communicate with a SERVICE Information Provider and with other Users. Any message the User provides by to the Platform Operator or to other Users in connection the use of the Services, in any public message area through any mail feature, or which is otherwise generated in connection with the use of the Services, is subject to the following: The User warrants that any information in its message will be accurate and will not, to the best of its knowledge: (i) infringe any third party’s copyright, trademark, or other proprietary rights or rights of publicity or privacy; (ii) violate any law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); nor (iii) be defamatory, libellous, unlawfully threatening or unlawfully harassing.
5. Responses to Display Information
5.1. The User may submit messages to the Platform Operator in response to Display Information (the Submissions). By responding to or addressing the Platform Operator in relation to or in connection with SERVICE Information the User agrees that all information provided to the Platform Operator as part of such Use of the Services and the Submissions can be shared (i) with any person to be contacted according to the Contact Information, (ii) with the SERVICE Information Provider, AND (iii) with any provider of the SERVICE stated in SERVICE Information. The User agrees that all Submissions are voluntary and submitted on a NON–CONFIDENTIAL basis on the User’s part and that no confidential or contractual relationship with the Platform Operator, SERVICE Information Provider or any other User is to be established by these Submissions or implied from consideration of the Submissions. Should the User not agree to such non-confidential approach with respect to its Submissions, the User must clearly state its Submission as being private and not to be shared with any other party than the SERVICE Information Provider.
5.2. THE PLATFORM OPERATOR IS UNDER NO OBLIGATION TO ACCEPT SUBMISSIONS FROM USERS, SHARE SUBMISSIONS WITH ANYONE, OR RESPOND TO SUBMISSIONS.
6. System Integrity/Compliance
6.1. The User agrees not to use any device, software or routine to interfere with the proper working of the Platform or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. The User agrees not to take any action that imposes an unreasonable load on the Platform’s infrastructure. The User further agrees not to take any actions which may undermine the integrity of any feedback system, such as: leaving feedback for itself; leaving feedback for other users using secondary accounts or third parties; or leaving feedback intended to influence action that is outside the scope of the Platform.
6.2. The User is solely responsible and liable for compliance with all applicable laws and regulations regarding its Use of the Services and any use of SERVICES in which the User is involved in, including, without limitation, all applicable import/export requirements, and the Platform Operator will have neither responsibility nor liability with respect thereto.
7. Proprietary Rights/Copyright
All rights in and to the methodologies used and materials provided by the Platform Operator (other than those provided by and with the SERVICE Information) in connection with the Services are proprietary to the Platform Operator. These materials utilised by the Platform Operator in rendering Services are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to German copyright laws, international conventions, and other copyright laws. It is prohibited to copy, modify, publish, create derivative works from, distribute or otherwise exploit any of the Platform Operator methodologies or materials without the Platform Operator’s prior written consent. The User agrees to comply with all copyright and proprietary rights notices contained on or in any the Platform Operator materials or information obtained or accessed through the Services.
8. No Warranties
UNLESS EXPRESSLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”. IN RESPECT OF THE SERVICES AND ALL INFORMATION PROVIDED ON THE PLATFORM, EXCEPT FOR INFORMATION IN RESPECT TO THE PLATFORM OPERATOR ITSELF, THE PLATFORM OPERATOR DOES NOT TAKE ANY RESPONSIBILITY FOR, NOR MAKES ANY WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE CORRECTNESS AND COMPLETENESS OF ANY SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Limited Liability
9.1. Subject to the provisions stipulated herein, in particular in addition to the limitation of liability and the hold harmless provisions in Section 3, the following restrictions shall apply with regard to the Platform Operator’s liability in general:
9.2. THE PLATFORM OPERATOR SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THE USER SUFFERS OR INCURS AS A RESULT OF THIRD PARTY CLAIMS RELATING TO THE USE OF THE SERVICES. UNLESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE PLATFORM OPERATOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, REGARDLESS OF THE CAUSE, IN CASE OF AN SERVICE INFORMATION PROVIDER WITH REGARD TO ANY SUCH DAMAGES IN EXCESS OF ANY FEES PAID TO THE PLATFORM OPERATOR BY THE SERVICE INFORMATION PROVIDER.
10.1. These terms and Conditions of Use do exclusively govern the relationship between the Platform Operator and the Users of the Platform. The Platform Operator hereby expressively rejects any contradicting general terms and conditions of the User or any provisions of any other instrument issued by the User in connection with any Service hereunder that is in addition to or inconsistent with these Terms and Conditions of Use, even if the Platform Operator does not expressively reject such terms and provisions again in the individual case. Such terms and provisions of the User shall only be applicable if they have been expressively accepted in writing by the Platform Operator.
10.2. These Terms and Conditions of Use, and thus the legal relationship between the Platform Operator and the User, shall be governed by and be construed in accordance with the laws of the Federal republic of Germany. Exclusive place of jurisdiction shall be Munich, Germany.