General terms and conditions
General Terms and Conditions for the beyourpilot start-up platform
Preamble
The beyourpilot online platform (hereinafter referred to as "Online Platform ") is a platform that supports start-up activities at and around institutions of higher education and research institutions in Hamburg. It is operated by Hamburg Innovation GmbH, Harburger Schlossstraße 6-12, 21079 Hamburg, Germany (hereinafter referred to as the "Platform Operator"). Beyourpilot enables people interested in starting up a business (hereinafter referred to as the "Principal") to learn about the topic of start-ups and to contact institutions of higher education, companies and individuals (hereinafter referred to as the "Contractor", collectively with the "Principal" as the "User") to seek advice regarding their start-up idea. Besides the transmission of the business model via beyourpilot to advisers standardised questions or answers regarding the financing of the start-up idea can also be transmitted via the Online Platform in order to also highlight this aspect in a start-up consultation. Furthermore, the experts and resources listed on beyourpilot can be found and contacted by the User.
The terms of use for the Online Platform are governed by the following General Terms and Conditions (hereinafter referred to as “GTC”).
Section 1 - Scope
Upon using the platform a contract of use is entered into between the User and Platform Operator, which is governed exclusively by the following GTC. The GTC apply to all contents, functions and other services provided by the platform.
The legal relationship between Principals and Contractors is not covered by these GTC. This is determined under separate agreements to be concluded.
Section 2- Conclusion and subject of the contract
2.1 Subject of the contract
The subject of the contract between the User and Platform Operator is the providing of the opportunity to use the Online Platform. The Platform Operator offers the Users the opportunity to provide information and documents via the platform and to get in touch with each other. Further services are not provided by the Platform Operator. The Platform Operator does not itself actively act as an intermediary between the Users. The Platform Operator is not involved in the orders placed via the Online Platform, neither as a contracting party nor as a vicarious agent of a contracting party or in any other way. Insofar as contracts for the execution of an order are entered into through the use of the Online Platform, the Users involved are the sole contracting parties.
The Platform Operator is neither responsible for the successful conclusion of an order between the Principal and the Contractor nor for the successful execution of an order.
2.2 Fees
The use of the Online Platform is free of charge for the User.
Section 3 - Registration, account and user profile
3.1 Users entitled to participate
It is possible to partially use the Online Platform functionality without registration. In particular, the form for reaching the initial consultation with participating partners can be used without registration. Registration is required in order to be able to fully use the Online Platform functionality. Natural persons, who have reached the age of 18, are legally competent and are resident in Germany, are permitted to register as individuals. The registration of a legal entity requires that identification details be provided by the natural person who is the authorised representative or authorised to do so .
3.2 Registration
Upon registration the data requested must be provided in a full and truthful manner. Registration with incorrect data or incorrect investor-specific data is not permitted and shall result in the exclusion of the User from the Online Platform.
Multiple registration by one and the same person is not allowed.
There is no entitlement to register and use the Online Platform. The Platform Operator shall be free to reject a User at any time without stating the reasons.
3.3 Account and User profile
After the registration data is entered the Platform Operator sends a confirmation e-mail to the User. The registration is completed by confirming the link given in the e-mail. After the conclusion of the contract the User may at any time view, change or delete its data under "Profile".
The User shall undertake to ensure that all information provided during the duration of use of the Online Platform is always true and up-to-date.
The User shall undertake to ensure that its access data, particularly its password, is not made accessible to third parties. It is solely responsible for all activity on its user account. If there are indications of misuse of the user account or third parties have nonetheless become aware of access data, the User shall undertake to immediately notify the Platform Operator thereof.
The user account is linked to a user and may not be transferred to a third party without the explicit consent of the Platform Operator.
The User shall undertake to back up data (e.g. profile data, project description, description of start-up idea etc.), which it uses in connection with the use of the Online Platform, to the extent required and keep such data updated.
3.4 Cancellation right for consumers
Cancellation policy
You have the right to cancel this contract within fourteen days without stating reasons. The cancellation period commences upon receipt of such notice in written form but not prior to the conclusion of the contract. To exercise your cancellation right, you must inform us, Hamburg Innovation GmbH, Harburger Schlossstraße 6-12, 21079 Hamburg, Germany, e-mail: kontakt@beyourpilot.de in an unambiguous statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For your convenience, we have attached a cancellation form which you may use for this purpose. However, you are not obliged to use this form. In order to comply with the cancellation period, all you have to do is send the notice of the exercise of the cancellation right prior to the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will delete your user account together with all data and information provided by you. You are then no longer able to view this data.
End of the cancellation policy
Section 4 - Use of the Online Platform
4.1 General duty to comply with legal requirements
When using the Online Platform, the User may use different services. For example, this includes the sending of messages to other Users and posting of own contents. When using the Online Platform, the User shall undertake to comply with these GTC as well as applicable law, in particular criminal law, competition law, trademark law, copyright law, right of privacy, data protection law and youth protection law, and not to infringe any rights of third parties.
In particular, this also means that the User may not send advertising messages (spam messages in particular) without the consent of the recipient. Where contents posted by the User contain hyperlinks to websites of third parties, the User shall ensure that it has permission to use the hyperlink and the website, to which the link is established, complies with applicable law and the rights of third parties in the sense of sentence 3.
4.2 Prohibition of fictitious offers
The Platform Operator relies on only genuine offers being posted. Users are therefore prohibited from posting offers as supposed Principals, the fulfilment of which is not intended.
4.3 Prohibition of technical interference
The User must refrain from carrying out any activity designed to manipulate, interfere with and/or overload the operation of the Online Platform or the supporting technical infrastructure and its functions/means of access. This includes in particular:
the use of software, viruses, robots, scripts or databases in connection with the use of the Online Platform; blocking, overwriting, modifying, copying of data and/or other contents, unless this is necessary for the proper use of the Online Platform.
4.4 Communication
The current contact information of the Platform Operator is available on the Online Platform. Information provided in the profile is deemed to be the contact information of the User. Any declarations transmitted to these contact details per e-mail shall be deemed to have been received upon sending, on the third day after sending by post, unless later receipt is proved. The User accepts that messages sent via e-mail between itself and the Platform Operator or other Users are effective and represent absolute and effective declarations of intent. Unless there is evidence to the contrary, an e-mail is deemed to have been sent by the party to whom the e-mail address belongs.
Section 5 - Trade and economic sanctions
5.1 Business or transactions with regard to trade and economic sanctions
The User warrants that it nor its bodies, employees and group companies or parties owned or controlled by it are subject to trade and economic sanctions or are or have been the subject of a claim, proceedings or an investigation with regard to such sanctions. The User further warrants that it is not owned nor controlled by a party subject to sanctions. The User shall take appropriate measures to ensure that it, its employees and group companies comply with any sanctions imposed and not engage in any activities that would cause the Platform Operator and its employees to breach any sanctions. The User shall ensure that it will not provide funds to the Platform Operator and its employees that originate from business or transactions concluded with parties or participants subject to sanctions or from any activities that contravene sanctions.
5.2 Blocking access
The Platform Operator shall be entitled to block the User's access permanently or temporarily if there is a well-founded suspicion of a breach of Section 5.1.
Section 6 - Granting of rights
6.1
The User shall grant the Platform Operator a non-exclusive right of use of the posted contents that is unrestricted in terms of time and geographical location. The Platform Operator shall be entitled at any time to use and dispose of the contents in full or in part in executing the contract of use. The Platform Operator shall be entitled in particular to display and publish the contents posted by the User on the Online Platform, if this is necessary for the functioning of the platform. Furthermore, this includes the right of reproduction, the right of distribution, the right of communication to the public and the right to make publicly available.
6.2 Guarantee of ownership of rights
The User shall guarantee that it is the holder of the rights necessary for posting contents on the Online Platform and is entitled without limitation to effectively grant the Platform Operator the rights referred to in Section 6.1. Furthermore, the User shall guarantee that the contents are free of third-party rights, which could exclude the granting of rights and their use as set forth in the contract. The User shall guarantee that the contractual use of the contents under this contract does not infringe any rights, especially privacy rights of third parties, and that, in particular, any person depicted agrees to the contractual use of the contents.
6.3 Holding harmless from third-party claims
On first demand, the User shall hold the Platform Operator harmless from all third-party claims, in particular claims for infringements of copyright law, competition law, trademark law, data protection law and privacy rights, which might be asserted by the User in connection with the use of the Online Platform. The User must inform the Platform Operator immediately if it becomes aware of third-party claims in connection with the use of the Online Platform. The Platform Operator shall be entitled to take appropriate measures to defend itself against third-party claims or to pursue its rights. The User must agree its own measures beforehand with the Platform Operator. Holding harmless shall also include the reimbursement of reasonable costs that the Platform Operator incurs or incurred in the pursuit/defence of its rights.
6.4 Rights to the Online Platform
All rights to the Online Platform (especially copyrights) reside with the Platform Operator. The User must take this into account and shall undertake not to use – privately or commercially – any parts of the Online Platform or other contents irrespective of their type/nature beyond the options granted to it for using the Online Platform. This means in particular that Users may not use the data and contents, which they become aware of via the Online Platform, outside the communication within an existing project or relating to the payment for a completed project. In particular, it is prohibited to use such information for advertising, unsolicited e-mails or other non-authorised purposes.
Section 7 - Term and cancellation
7.1 Term of the contract and notice period
The contract of use entered into under these GTC is concluded for an indefinite period of time. It may be cancelled by the User or Platform Operator at any time with one week’s notice to the end of the month. The right to extraordinary cancellation shall remain unaffected. The User is notified of cancellations by the Platform Operator via the sending of an e-mail to its most recent e-mail address stored on the Online Platform .
7.2 Cancellation options
Notice of termination must be given in text form. It may be sent in writing or by e-mail and hast to be addressed to:
Hamburg Innovation GmbH
Harburger Schloßstrasse 6-12
21079 Hamburg, Germany
E-mail: kontakt@beyourpilot.de
7.3 Consequences of the termination of the contract
After the contract has been terminated the User no longer has access to its account or user profile and can no longer view data, messages, files or other contents stored on the Online Platform. The Platform Operator shall be entitled to delete contents. The Platform Operator shall be entitled to inform other Users of the termination of the contractual relationship with the User.
The User is prohibited from re-registering following an extraordinary notice of cancellation or the blocking of access.
7.4 Existing agreements between Users
It is clarified that cancellation of this contract of use does not affect existing contractual relationships between individual Users.
Section 8 - Availability of and modifications to the Online Platform
The Platform Operator shall endeavour to provide broad availability of the Online Platform as far as technically feasible and within economically reasonable bounds. However, the Platform Operator does not provide any warranty regarding this. In particular, maintenance work, security and capacity reasons, technical circumstances and events outside the Platform Operator's control may result in the Online Platform being temporarily or permanently inaccessible. The Platform Operator reserves the right to restrict access to the Online Platform at any time and to the extent required, e.g. for the carrying out of maintenance work. The User has no entitlement to the unrestricted, secure and error-free use of the Online Platform.
Section 9 - Data protection
The User's personal data (e.g. name and e-mail address) is only processed by the Platform Operator in accordance with the EU General Data Protection Regulation (GDPR) and provisions of the German data protection law. Further information regarding this can be found in the separate Data Privacy Statement of the Platform Operator under beyourpilot.de/datenschutz .
Section 10 - Liability
10. 1 Disclaimer
The Platform Operator's liability for breaches of contractual obligations and in tort is limited to intent and gross negligence.
Furthermore, the Platform Operator is only liable in the case of simple negligence for the breach of such material contractual obligations, fulfilment of which enables the proper execution of the contract in the first place and on the meeting of which the User may normally rely ("cardinal obligations"). Liability for cardinal obligations is limited to such typical damage and/or such a typical extent of loss that was foreseeable at the time the contract was concluded.
The limitations referred to above shall also apply to legal representatives, senior executives, employees or vicarious agents of the Platform Operator.
The limitations referred to above shall not apply to the liability for injury to life, limb and health and that under the German Product Liability Act as well as from the assumption of explicit guarantees by the Platform Operator.
The Platform Operator shall not be liable for the information made available on the Online Platform by the Users about themselves nor for the effectiveness of agreements concluded between the Principal and Contractor. The information made available on the Online Platform by the Users about themselves is based solely on statements made and documents provided by the Users themselves. The responsibility for ensuring that this information is accurate, up-to-date and complete rests solely with the relevant User. The information provided is not reviewed by the Platform Operator.
10.2 Liability for links to external websites of third parties
The Platform Operator's website contains links to external websites of third parties. The Platform Operator has no influence over the contents of the directly or indirectly linked websites. The respective provider or operator is always responsible for the correctness of the contents, which is why the Platform Operator accepts no liability in this regard. The Platform Operator cannot constantly review all contents of the linked web pages without any real evidence of a breach of the law. If the Platform Operator becomes aware of breaches of the law, it will immediately remove the relevant links.
Section 11 - Final provisions
11.1 Amendments to the GTC
The Platform Operator reserves the right to amend these terms of use at any time in the future without stating the reasons . Registered Users will be notified by e-mail of future amendments to these terms of use no later than one month prior to the entry into force of the amended terms of use. If the User does not raise any objections within one month of receipt of the notification, the amended terms of use shall be deemed to have been accepted by it. This will be specifically mentioned by the Platform Operator in the notification.
11.2 Applicable law and place of jurisdiction
These terms of use shall be governed exclusively by the law of the Federal Republic of Germany. The contract language and relevant language for communications between the Platform Operator and User is German.
Place of jurisdiction for all legal disputes arising from this contractual relationship is the registered office of the Platform Operator for Users, which are a merchant (Kaufmann) within the meaning of the German Commercial Code or do not have a general place of jurisdiction in Germany or in another EU Member State . The statutory place of jurisdiction shall apply in all other cases.
11.3 Severability clause
If individual provisions of these GTC are or become invalid, ineffective or unenforceable, the validity of these GTC as a whole shall remain unaffected. In this case, the parties are obliged to replace the invalid, ineffective or unenforceable provisions with such provisions that most approximate to the extent permitted by law the intended purpose of the invalid, ineffective or unenforceable provisions. The same shall apply in the case of loopholes.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
- To HAMBURG INNOVATION GmbH, Harburger Schlossstraße 6-12, 21079 Hamburg, Germany, e-Mail: kontakt@beyourpilot.de:
- I/We (*) hereby cancel the contract for the use of the following service "Use of the Online Platform" entered into with me/us (*).
- Registered on (*)/registration completed on (*).
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if notification is in paper form)