Terms of Use (Organizers)
Applicable between B2MATCH and event (co)organizers (“client”)
1. Preamble
The following document (these “Terms of Use” or “Terms”) describes the terms under which B2MATCH offers each individual or entity (hereinafter, “you” or “client”) access to its Services through the B2MATCH website and applications (the “Site or platform”).
You agree to comply with and to be bound by the Terms set out below, including the policies and guidelines linked to (by way of the provided URLs) from these Terms.
These Terms and the B2MATCH purchase offer together comprise a binding written agreement between B2MATCH and client, effective as of the date of mutual execution of the offer by B2MATCH and client (this “Agreement”). B2MATCH may amend these Terms at any time in its sole discretion, effective upon posting the amended Terms at the domain or subdomains where the prior version of the Terms was posted, or by communicating these changes through any written contact method we have established with you.
B2MATCH clients being event organizers must be in compliance with the GDPR (General Data Protection Regulation) and they are responsible for taking steps to ensure the personal data they hold is accurate and up to date. Client shall be permitted to assess the accuracy and integrity of participants data and to correct, erase or rectify any data collected, also if there is a need for adjustments/changes regarding an event.
2. Generals Provisions
2.1 Subject matter of contract
These Terms shall apply between B2MATCH and its client as well as all co-event-organizers relating to the client for all services offered by B2MATCH including, but not limited, to the use of a mobile app, which can be downloaded and installed through the app stores. Terms and Conditions or the like of the client deviating from these Terms shall be ineffective, even if they claim (exclusive) validity.
The client shall on the basis of these Terms and the offer submitted by B2MATCH receive the single, non-exclusive, non-transferable, right to use B2MATCH Services on the B2MATCH Site subject to the conditions presented in these Terms. The right is limited in time for the duration of the contract and locally bound to the place of business of the client.
2.2 B2MATCH agrees to provide the following service
The B2MATCH platform is a web- and app-based event management-, business matchmaking and communication platform. The platform enables the event organizers to generally manage its events and provides business matchmaking functionality for the event and event participants.
3. Use of the Platform
3.1 Conclusion of contract
Once a client accepts the offer and the related Terms of Use he gets access to the B2MATCH event setup application. The setup application enables Clients to create and customize events.
3.2 Registration
Following the conclusion a contract with B2MATCH and the Data Processing Agreement as well as upon accepting these Terms of Use, B2MATCH shall provide the client with a client ID as well as a client password (hereinafter simply referred to as “access data”). With this access data, the client is able to access the B2MATCH platform. The access data may only be used within the scope of this Agreement, whereby the client may only pass access data to third-party-users within the same scope. B2MATCH shall be entitled at any time - for security and / or administrative reasons - to change the access data. The client shall be obliged to keep the access data confidential. The data shall always be kept up to date by the client to facilitate contact in connection with the fulfilment of the contract.
3.3 Setup and data input
Upon the initial set up, B2MATCH provides the Client with full control over his event website on the B2MATCH platform. All further actions (e.g. set-up and customization of an event website, promotional activities, participant management, mailings, preparing schedules, etc.) are the sole responsibility of the client. The client and his co-organizers shall use the platform only for lawful purposes and may especially not use the platform or Site for any illegal activity. The client may fully indemnify B2MATCH in this respect. Upon request B2MATCH may assist in setting up event sites.
4. Copyright, Right of Use
The data aggregated on the platform are qualified as a database according to Art 40f Austrian Copyright Act. The software running on the platform are computer programs according to Art 40a Austrian Copyright Act. For the duration of the Agreement B2MATCH grants the client the right to use the platform according to Art 1 of these Terms.
4.1 Content of websites
The website itself, the graphics, images, pdfs and such other content might be protected by Copyright Law mutatis mutandis. It is therefore not allowed to edit, copy or publish such content without the explicit written consent of B2MATCH or the mentioned sole owner of the copyright, e.g. an event organizer.
4.2 Liability exclusion and disclaimer
B2MATCH provides access to the platform and offers the client the possibility to publish their content on the platform. B2MATCH therefore is active as an information service provider, who hosts and publishes third party content. Due to the plurality of such content, B2MATCH is neither obliged nor has the responsibility to check the content according to its factual or legal content. B2MATCH can access such content at any time and it will handle such content confidential and will only disclose it to third parties (if not made public by the client itself) if requested by any laws, a juridical or governmental order or with the consent of the client.
The client guarantees that his content provided on the platform does comply with applicable laws and does not violate any legal provisions, accepted principles of morality and or does not infringe any third-party rights.
The client agrees to comply with the relevant legal provisions and, in particular, not to infringe anyone’s rights to a name, trademark or other rights and will indemnify and hold B2MATCH harmless in this respect.
4.3 Content lock and deletion
In case of a breach of the Terms agreed herein, B2MATCH shall be entitled to lock or delete client’s access data and or its other content from the Site and terminate the contract with the client with immediate effect.
5. Change of the Platform
B2MATCH reserves the right to modify the agreed scope, content and functions of the B2MATCH services in order to maintain compliance with applicable laws as well as technical requirements and to modify or revise the services provided.
B2MATCH updates the B2MATCH platform regularly and offers newer versions to the client. The client does not have a right to opt for the use of any older version of the platform but shall always use the most recent version. The Agreement between B2MATCH and the client therefore applies to the use of every latest version of the platform for the term of the Agreement.
The client waives his right to claim for damages linked to any change of the platform.
6. Availability of Service
The B2MATCH platform-service is provided non-stop, 365 days per year, except from any necessary repair work which cannot be delayed as well as limitations imposed by the network (cloud) availability or any operating conditions of telecommunications providers. During such times, the B2MATCH services may (e.g. due to maintenance services) not be continuously available. The client waives his right to claim for any damages, since such event shall be deemed force majeure.
7. Misuse of Service
Should the client or co-organizers materially breach any provisions of these Terms or any statutory laws as pointed out in this section 3.2, B2MATCH shall be entitled to temporarily or permanently lock the clients profile and or event websites as well as delete any unlawful data or information hosted on the platform. In any case, claims of B2MATCH (especially payment claims) against the client remain unaffected.
Clients are obliged to deploy adequate technical and organizational measures to prevent misuse of B2MATCH services (especially access by non-authorized persons).
Client shall be liable for all damages or loss of payment incurred by B2MATCH due to misuse of the platform by their employees or any third parties, who’s access was enabled through client’s access data.
8. Liability
B2MATCH assumes no liability for the up-to-dateness, completeness and correctness as well as service-availability of any requested or transferred data and the platform. B2MATCH is neither liable for claims resulting from delays during its use nor for damages resulting from service interruptions resulting from unavoidable events and force majeure. B2MATCH´s liability for both gross and slight negligence shall be excluded. Any claim to compensation is in its amount limited to the double turnover of the client during the last fiscal year. The client takes note of the fact that B2MATCH is neither a party to nor an intermediary for any agreements between a client and a users (e.g. event participants) and/or data, but merely provides the client with the necessary infrastructure for an agreed fee. The client furthermore takes note of the fact, that B2MATCH in no way assumes the role of data provider for the submission of data, declarations of intent or any other declarations to other users. B2MATCH does not intervene in the communications between users of the platform.
Any claim for compensation shall be limited to the amount mentioned in the offer. B2MATCH shall be liable only for a damage resulting from any data processing if B2MATCH has not met the obligations resulting from the GDPR and specifically imposed on processors; or acted in breach of any lawful instructions from the principal; or acted against the lawfully issued instructions of the client. Any other liability claims shall remain unaffected, but B2MATCH shall be liable up to an amount mentioned in the offer.
9. Warranty
The client takes note of the fact that it is not possible to develop the platform in such a way that it is free of any errors. B2MATCH warrants suitability of the Site as it is made available for use in accordance with the Terms of this Agreement and with the description of the program as described in the offer.
In case of substantial deviations of the program description, B2MATCH shall be required to rectify these. If B2MATCH cannot rectify such deviations or avoid these in such a way, that use in accordance with the Terms of this Agreement is made possible, within an appropriate timeframe, the client shall be entitled to require a reduction of the service fees by a maximum of 20% or terminate the contract after a notice period of no less than one month. In the event that the platform becomes completely inoperable once concluded the Agreement, the client shall be entitled to claim for reimbursement of payments already executed within 14 days.
The client shall be required to provide B2MATCH with verifiable documents concerning the type and occurrence of deviations of the program description and cooperate in the limitations of errors. The errors must be capable of being reproduced.
The warranty does not cover errors caused by non-intended use of the platform. If an error detection procedure indicates that the cause of an error is within the sphere or scope of responsibilities of the client, B2MATCH shall be entitled to charge the client for the corresponding and reasonable costs incurred at the rates currently applicable.
Security information, in particular with regard to repair times, availability, measures against data loss, security measures and the storage of security measures, firewalls, measures against spam, trojans, phishing and mail bombing can be provided upon request of the client.
10. Public Relation
B2MATCH retains the right to mention clients for referral purposes in publications, commercials and advertisements. This inter alia applies to print as well as the use on websites or presentation and the use of the name or the identification data of the client in emails or other documents.
11. Term and Termination
The contract starts upon conclusion for a duration of 3 (three) months after the event date if not otherwise specified in the offer to the client. B2MATCH retains the right to an immediate termination of the contract as well as blocking/ deletion of data for an important reason, such as:
- the client stops its operations and/or the client’s assets become subject to insolvency proceedings or similar proceedings or the initiation of such proceedings is rejected due to an absence of such assets or
- the client is in arrears with his payments of service fees for more than 60 days.
B2MATCH retains the right to inform users directly or indirectly affected by the blocking or deletion of client access up to two weeks before the actual blocking or deletion about the blocking or deletion of a client’s access.
Any kind of contract termination must be in writing. E-mail to the address specified in the contract or provided in any communication with the client shall be sufficient.
12. Effect of Termination
In each case of contract expiry the registration data of the client shall be deactivated by B2MATCH. B2MATCH shall not be obliged to store data relating to the client or its contractors for more than 24 months after termination of the Agreement, except there exist any statutory storage obligations or B2MATCH keeps such data due to contractual obligations.
13. Fees and Reward
For the services rendered by B2MATCH on basis of this Agreement, the client shall pay the service fees listed in the offer or such published under www.b2match.com/pricing, if not submitted with the offer.
If a client requires support (Helpdesk) which amounts to more than its pre-ordered Helpdesk package, the client shall be upgraded to the next suitable Helpdesk package.
14. Invoice
Invoices are issued in electronic form only. The invoiced amount and any other fees shall without any deduction be debited to the bank account provided and are due within 2 (two) weeks from invoice date.
15. Payment
If event-fee payment functionalities for participants involving online Credit Card payments are required the client must establish an account with a B2MATCH approved third party provider (e.g. Stripe, Paypal, Mollie) of such credit services. The client is responsible for testing the connectivity of the merchant account (including authorization, settlement and refund) prior to processing credit card payments at the event and all fees and expenses generated in the merchant bank account.
Any refunds or credits must be independently arranged between the client and the clients’ registrants.
B2Match shall not be liable for any damages or loss of payment incurred by such third-party payment services linked from a B2MATCH Site.
16. Special Adaption and Customization
Client-specific modifications, additions and expansions which are not mentioned in the Agreement are subject to further charging. The fees charged for specific amendments are negotiated beforehand.
17. Confidentiality
Each party agrees that it will treat all confidential information of the other party with the same degree of care as such recipient accords to its own confidential information, but in no case less than reasonable care; and it will not use, disseminate, or in any way disclose any confidential information of the disclosing party, except to the extent necessary to provide the services under this Agreement, and for any other purpose disclosure may hereafter authorize.
Recipient may disclose confidential information pursuant to the requirements of a governmental agency or operation of law, provided that it gives disclosure reasonable advance notice sufficient to contest such requirement of disclosure, unless it is prevented from providing such notice by the government agency or operation of law.
18. Data Protection and Data Ownership
B2MATCH shall transfer and handle data as secure as possible. The client grants B2MATCH a limited, non-exclusive right to use the customer data (including copyright, trademark, patent, publicity or other rights) and to disclose customer data to third party service providers for B2MATCH to operate its services. Client also grants B2MATCH permission to use customer images that are posted on the Site for purposes of advertising and promoting B2MATCH, including without limitation, marketing, training, or investment materials.
Client retains any and all rights it may possess to customer data provided by client to B2MATCH through the platform or collected from others by B2MATCH on behalf of the client. Such customer data will only be used by B2MATCH as reasonably required for providing Services as contemplated hereunder and in accordance with B2MATCH Privacy Policy (www. b2match.com/privacy-policy) and all applicable data privacy laws and regulations laws (including the EU General Data Protection Regulation (GDPR) as and when it becomes enforceable on May 25, 2018) (collectively, “Data Privacy Policy and Rules”). Both B2MATCH and client will comply in all material respects with the Data Privacy Policy and Rules and will provide such help and cooperation as is reasonably necessary or requested to the other to comply with the same.
Subject to the terms of this Section, client acknowledges and agrees that B2MATCH may use all data inputted into or collected by the services, including but not limited to data related to service utilization and client data, on a historical, aggregated and anonymous basis (collectively, “Aggregate Data”) in compliance with applicable laws and B2MATCH Privacy Policy to provide the services and for any commercial purposes, including but not limited to the distribution and provision of the Aggregate Data to other B2MATCH clients and for the preparation and distribution of benchmarking, research, and/or analytical materials. Aggregate Data shall not identify clients as the source of any specific data, pattern or finding, nor shall it include any personally identifiable information of any individual users of the service. B2MATCH shall maintain appropriate security measures for all collected data in accordance with the Terms of this Agreement. B2MATCH will be the sole and exclusive owner of all right, title and interest to such Aggregate Data and, notwithstanding anything to the contrary, shall be free to use and disclose on a world-wide and royalty-free basis the Aggregate Data for its business purposes including, but not limited to, publicizing usage of the services, providing information on general industry trends, and providing benchmarking data to B2MATCH clients.
Unless we have your permission, B2MATCH will not disclose or share personally identifiable information collected on the Site with any third party (except as required by law, pursuant to a governmental request, or for purposes of providing you the services). Upon client’s written request made within 30 days after the effective date of expiration or termination of this Agreement, B2MATCH will, provided client is not in breach of any of its obligations under the Agreement and upon client’s payment of the applicable fees, make available to client for download a file of Customer Data in its then current format. After such 30-day period, B2MATCH shall have no obligation to maintain or provide any Customer Data and shall thereafter, unless legally prohibited, delete all Customer Data maintained in its production systems, provided B2MATCH may retain offline copies of Customer Data on backup media for archival purposes for a reasonable period of time following expiration or termination of the Agreement.
B2MATCH shall be permitted to inform users continuously about topic-related upcoming matchmaking events. Users have the right to opt-out from receiving such updates at any time. Notwithstanding any provision to the contrary in this Agreement, client acknowledges and agrees that use of the B2MATCH services to transmit, process or store Sensitive Personal Information (as defined below) is unnecessary for use of the Services and therefore client shall be solely responsible for any such use of the services by himself or its employees, agents or subcontractors and B2MATCH shall bear no risk or liability for same.
"Sensitive Personal Information" shall be defined as:
- the racial or ethnic origin of the data subject;
- his political opinions;
- his/her religious beliefs or other beliefs of a similar nature;
- whether he/she is a member of a political party;
- his/her physical or mental health or condition (except for food allergies or medical contact information);
- his/her sexual life;
- any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings;
- biometric data;
- and financial account information (other than payment card information entered securely using B2MATCH online payments module).
19. Law Applicable and Place of Jurisdiction
This Agreement will be governed by the law of Austria and is subject to the exclusive jurisdiction of the Austrian courts located in Vienna, Austria. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.