General Terms and Conditions

General Terms and Conditions

Between GALL and the Contracting Company

Preamble

These Terms and Conditions govern solely the legal relationship between the GALL GmbH and the contracting partner of the registration software GETSMART.

The legal relationship between the contracting company utilizing the registration software and the booking attendee are regulated by the Terms and conditions of the contracting company.

It is the sole responsibility of the contracting company to make its terms and conditions publicly available to its attendees and users.
The registration tool offers the possibilty to upload the terms and conditions of the respective company to make them available for the travelling guests.

The non-performance to publishing the terms and conditions is not at the expense of the GALL GmbH and therefore the GALL GmbH is excluded from liability in regards to services concerning the contracting company who has rented the software and its attendees and users.

§ 1 General

a) Scope
These General Terms and Conditions apply to all business relationships between GALL GmbH , Porschestraße 14, 71093 Weil im Schönbuch, represented by its Managing Director, Mr Michael Gall (hereinafter referred to as: GALL) and its respective customers in the version valid at the time of the contract conclusion.
Contrary terms and conditions of the customer are hereby expressly objected to.

b) Contract agreement
The contract language is German. In case of uncertainty, the terms and conditions or other legal texts shall apply in German.

c) Changes to the General Terms and Conditions
GALL GmbH reserves the right to change these terms and conditions due to legal changes, supreme court rulings or market changes while providing a reasonable notice of at least six weeks. The announcement shall be made by publication of the amended General Terms and Conditions, stating the effective date on the internet on GALL’s website. If the user does not object within six weeks of publication, the amended terms and conditions shall be deemed accepted. The announcement of the change shall separately refer to the importance of the six-week period.
In the event of a timely objection by the user to the amended terms and conditions, GALL shall be entitled, while respecting the legitimate interests of the user, to terminate the contract with the user at the time the change enters into action. Corresponding contents of the user shall then be deleted in the database. The user can assert no claims against GALL as a result of this.

d) Confidentiality
The rights of the user under this contract are not transferable. The password, which allows the user access to the personal area and thus also to data collection and storage, must be treated strictly confidentially and may not be passed on to third parties under any circumstances. The user shall take the appropriate and suitable measures to prevent third parties from gaining knowledge of his password.

e) Storage of the contract text
The contract text shall be stored by GALL and the customer after sending his order together with these GTC and the customer information in writing (e.g.
email, fax or post).

§ 2 Service

a) General
GALL allows its customers to use the software developed by GALL for the scope provided for in the contract on the platform provided. This also includes the storage of individual content and data with the goal and the ability to access the data from various devices and computers. The storage space can be limited by GALL.

b) Service delays
GALL is not liable for service delays due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by GALL exercising the utmost care (this includes, in particular, strikes, official or court orders and cases of improper or unlawful self-supply despite the covering transactions). GALL is entitled to postpone service for the duration of the obstructing event.

c) Withdrawal
In the case of unavailability for reasons mentioned above, GALL may withdraw from the contract. In that case, GALL commits to inform the customer immediately about this unavailability and to immediately reimburse any deposits already paid.

d) Technical requirements
The use of the software provided requires correspondingly compatible devices and sufficient internet access. Depending on the scope of the contract, different authorisations and access rights can be granted for each user.
GALL does not guarantee the availability of the services provided.

f) Provision of services by third parties
GALL is entitled to have the contract or parts of the contract fulfilled by third parties. In particular, the servers on which the data is processed and stored, can be operated by third parties. GALL shall ensure that third parties also comply with the provisions of these GTC and the privacy policy.

§ 3 Use

a) General
The user commits to use the services offered by GALL only to the extent permitted by law and in accordance with these GTC. Abusive use shall lead to the exclusion of the right of use granted by registration. GALL will deactivate the user account of the respective user after becoming aware of any improper use. Any fees already paid will not be refunded in this case.

b) Misuse
Misuse exists, in particular, in the case of copyright infringement. In addition, misuse exists in the provision, distribution or otherwise of the use of illegally obtained data or in the distribution or provision of data for illicit purposes.
In particular, the use of the services provided by GALL

• to send spam,
• to send and store content which infringes, is obscene, threatening, insulting, or otherwise breaches the rights of third parties,
• to send and store viruses, worms, Trojans or other malicious computer codes, files, scripts, agents or programs,
• to upload programs that are likely to disrupt, impair or prevent the GALL’s operation,
• to attempt to gain unauthorised access to the services provided by GALL or to individual modules, systems or applications

is abusive.

c) Indemnity
The user undertakes to indemnify GALL from all claims of third parties, including reasonable or legally determined costs for prosecution, based on the user’s non-contractual, abusive and / or illegal use of the website services and their contents. The user shall support GALL in defending these claims, in particular, by providing all information required for defence purposes. The user is obliged to compensate for the damage GALL incurs as a result of the successful enforcement of such claims by third parties.

§ 4 Remuneration and Term

a) Price
The prices and products for the individual services are based on the GALL offer valid at the time the order was placed. In the

case of an automatic extension of the contract duration, the remuneration for the additional contract period due to the extension is determined in each case according to the price list of the products, which is valid for the customer two weeks before the date of contract renewal.

b) Term and termination
These result from the individual contractual agreements or end automatically after the expiry of the trade fair booked with Messe Frankfurt.

c) Consequences of the termination of the contract
In the event of termination or automatic termination of the contract, all of the user’s data will be deleted at the end of the contract period. No data can be viewed or downloaded after completion.

d) Arrears
The customer will be in arrears if the payment is not received by GALL within two weeks of receiving the invoice. In the event of late payment, interest shall be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should the customer default on his payments, GALL reserves the right to charge a reminder fee of 2.50 euro. The right to further compensation remains reserved. The customer shall have the opportunity to prove that GALL suffered no or minor damage.

g) Account Suspension in the Case of Late Payment
In the case of payment default, the user’s account will be blocked following a written warning. The data will be available again after receipt of the outstanding payments.

h) Right of Retention
The customer is only entitled to assert a right of retention for any such counter-claims due to and based on the same legal relationship as the customer’s obligation.

§ 5 Licence Restriction / Copyright

a) Copyright Protection
The software provided under the contract is protected by copyright. All copyright rights are exclusive to GALL. In particular, copyright covers the complete program code, structure, appearance and design of the software applications. Any further duplication, distribution, modification, etc. is not permitted without explicit permission.

b) Restriction of the Right of Use
The user is prohibited from using the software for purposes other than those agreed or making them available to third parties.

c) Updates and Upgrades
GALL is entitled to modify the software as part of (necessary) updates and upgrades. These modifications are also subject to copyright protection.

§ 6 Warranty

a) Warranty Claim
There are statutory warranty rights. GALL does not warrant the functionality of the software in inappropriate operating systems used by the user.

b) Compensation for Defects
No warranty is given for damages resulting from improper handling or application of the software or use of the platform. GALL will only provide compensation for defects in the case of intent or gross negligence. This exclusion does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.

c) Warranty for Contractors
Contrary to the statutory warranty provisions, the following provisions apply to contractors: In the event of a defect, GALL shall, as it sees fit, rectify the situation, in the form of remedying the defect or re-supplying it.

d) Contractor’s Obligation to Provide Notification of Defects
Contractors must immediately report obvious defects in writing; otherwise the assertion of warranty claims is excluded. The deadline is sufficient for timely dispatch. The contractor bears the burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.

e) Maintenance Service
GALL reserves the right to limit or suspend the usability for required server maintenance. The user will be informed in good time of any upcoming maintenance work to be carried out by GALL.

§ 7 Data Protection Obligation

The data fed into the system by the user is always backed up via an additional server as part of a backup data storage. However, GALL does not assume any general obligation to back up the data entered by the user into the system. GALL will exercise reasonable care in providing the agreed service.

Transfer of your data to third parties to fullfill the purpose of the utilization of this registration tool
GALL is renting this software GETSMART to companies to fullfill the purpose of an online registration tool. In the course of the fullfillment of this contract attendee information is passed on to the contracting company. Personal data will be handled by representatives of this company during the process of the fullfillment of the purpose of the attendee registration process. The clients and the employess of this company must agree to the use and the transfer of their personal data for the purpose of the processing of the data and utiziling of their data to fullfill the intented goal of using this registration tool.
If you don’t agree to the transfer of your data in this process you can’t use this registration tool

The right of access, change and deletion of your data can be executed by you while contacting the data protection officer of the contracting Company. In regards to enalbe you to execute these rights the contracting company also needs to enter the name and its contact data of the data protection officer as well as GALL does.

§ 8 Liability

a) Disclaimer
GALL and its legal representatives and vicarious agents are only liable for intent or gross negligence under the following provisions. In case of slight negligence, liability only relates to the breach of essential contractual obligations, and consequently to such obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. Liability is limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, GALL shall only be liable to customers, who are not users, to the amount of the foreseeable, contract-typical damage.

b) Responsibility
The above disclaimer does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.

c) Use in Conjunction with Other Programs
GALL is not liable for any damage caused by the use of the GALL service in connection with other programs, even if GALL refers to these programs.

§ 9 Final Provisions

a) Jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is GALL’s place of business in Böblingen, Germany if the customer is a merchant, a legal entity under public law or special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.

b) Choice of Law
Insofar as there are no mandatory statutory provisions in accordance with the customer’s domestic law, German law shall apply.

c) Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.