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Terms and Conditions of Use of competitionline Verlags GmbH

     
     
 

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Terms and Conditions of Use of competitionline Verlags GmbH

 

Article 1 Subject matter, Contract partner

  1. competitionline offers the following forms of use:

    1. a) Free registration

      The free registration provides the user with access to limited content and a limited number of services on the competitionline Internet platform.

    2. b) Paid online and print subscriptions

      competitionline offers the user paid content and services on the competitionline Internet platform and in the print magazine “competition.” The user can subscribe to these services. Additional information can be found in the section “Products & Prices.”

    3. c) Job postings

      competitionline offers the user the opportunity to recruit new employees via job postings. For this purpose, the user can pay to have job advertisements posted. Additional information can be found in the section “Jobs.”

    4. d) competitionline TOOLBOX

      The competitionline TOOLBOX is an online application for staging competitions and other contract awarding procedures. The user can purchase a license for the use of competitionline TOOLBOX; a separate license must be purchased for each contract awarding procedure. Additional information can be found at www.competitionline.com/en/toolbox.

  2. Any of these forms of use are subject to the finalization of a contract with

    competitionline Verlags GmbH (DC Charlottenburg HRB 87250),
    represented by CEO Angelika Fittkau-Blank,
    Charlottenstraße 95 in 10969 Berlin, GERMANY.

    competitionline Verlags GmbH will hereinafter be referred to as “competitionline.”

  3. The following Terms and Conditions of Use apply to all offers from competitionline in the print and online areas, for all top-level domains (www.competitionline.com, www.competitionline.de etc.) and all sub-domains. These terms and conditions apply regardless of the domain and regardless of where the user logs in.

Article 2 Conclusion of contract

  1. By placing a purchase order (via the Internet, using an order form, by telephone or e-mail), the user agrees to subscribe to paid content and/or services from competitionline and/or the trade magazine “competition.” The user will receive confirmation of the purchase order by e-mail (order confirmation). This order confirmation does not represent acceptance of the offer, but rather is only intended to inform the user that the purchase order has been received by competitionline. However, the order confirmation may be combined with the order acceptance.

  2. The contract with competitionline shall be established if competitionline accepts the purchase order from the user in writing or the user is either given access to the ordered information and/or services or is sent the trade journal “competition” within the following two weeks (order acceptance). competitionline reserves the right to refrain from conclusion of a contract without stating any reasons.

  3. The aforementioned provisions for the conclusion of the contract also apply for the free registration. After entering the user‘s information in the registration form, the user will receive an e-mail containing a link which the user must click on to confirm the registration request. Following this, an e-mail with the registration confirmation will be sent to the user.

  4. The step of entering the user‘s billing information and selecting subscriptions or services in the order form is non-binding for the user. Before the purchase order is finalized, all information entered by the user is summarized and displayed in an overview. From this overview, the user can return to the page last displayed by using the mouse to click on the “Back” button and is able to change or delete information as desired as well as cancel the purchase order. If the user clicks on the “Buy Now” button in the overview, a binding purchase order, subject to these Terms and Conditions of Use, is sent to competitionline.

  5. By submitting a purchase order, the buyer confirms that the buyer is of legal age. The use of pseudonyms or aliases is not permitted.

  6. There is no legal entitlement to registration or purchase of the specified products.

Article 3 Storage of the contract text

The contract text will be stored. The user will receive a copy of the e-mail with the contract content; the original is stored by competitionline. The user may review and modify the registration data in the user’s personal account at any time. In order to do so the user must log in with the user’s e-mail address and password.

Article 4 Language

The contract language shall be German. Purchase confirmations, order confirmations and any additional information will be provided in German. Some areas of the website are available in English, French and Spanish. These languages are not, however, available for finalizing the contract.

Article 5 Consumer‘s right to cancellation

Contract partners who are consumers in the sense of Article 13 of the German Civil Code (BGB) have the right to cancellation. Consumers are natural and/or legal persons who have finalized a transaction, where the main purpose of the transaction can neither be attributed to their commercial interests nor their self-employed, commercial activities.

- Start of cancellation policy -

Cancellation policy

Right to cancellation

You have the right to cancel this contract within fourteen days, without submitting any reason.
The deadline for cancellation is fourteen days from the day of finalization of the contract.
To exercise your right to cancellation, you must inform us, the competitionline Verlags GmbH, Charlottenstraße 95, 10969 Berlin, Phone +49 30 2290846-0, Fax: +49 30 2290846-51, MjE4V1xUXS5RXVteU2JXYlddXFpXXFMcUV1b, by means of a clear statement (e.g. a letter sent by post, fax or e-mail), about your decision to withdraw from this contract. You may use the attached sample cancellation form, although this is not mandatory.
The cancellation deadline refers to the date sent; the cancellation deadline will be met if your notice of exercising your right to cancellation is sent before the cancellation deadline.

Consequences of cancellation

If you exercise your right to cancellation, then we are obligated to refund any payments which we have received from you, including delivery costs (with the exception of any additional costs that arise from the fact that you have chosen a type of delivery other than the least expensive standard delivery method offered by us) within fourteen days from the date on which we received the notification of cancellation of this contract. The payment method you selected for the original transaction will also be used for the repayment, unless this has been explicitly otherwise agreed; in no cases will you be charged fees for such repayments.

You are obligated to return and/or handover any goods delivered by us immediately and without fail no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is deemed to have been satisfied if you dispatch the goods before the fourteen day deadline has elapsed.

You will be liable for any delivery-related costs for returning the goods.

You will only be obligated to provide compensation for lost value for purchased benefits of use insofar as you have used the merchandise in a manner that goes beyond inspection of the properties and functionality.

If you have requested that the services should commence during the cancellation period, then you must pay us a reasonable amount which is equal to the proportion of services rendered, as of the date of notification of cancellation, compared to the total amount of the services provided for in the contract.

- End of cancellation policy -

Sample cancellation form

To
competitionline Verlags GmbH
Charlottenstraße 95
10969 Berlin
Telefax: +49 30 2290846-51
MjE4V1xUXS5RXVteU2JXYlddXFpXXFMcUV1b

I/We (*) hereby cancel the contract which I/we (*) finalized for the purchase of the following products (*)/provision of the following services (*)

Ordered on (*)   received on (*)

Name of the consumer(s)  

Address of the consumer(s)  

Date Signature of the consumer(s) (only for notifications in hard copy)

(*) Cross out items that do not apply.

Article 6 Prices/Terms of payment

  1. The amount of payment can be found in the section “Products & Prices.”

  2. Payment is due immediately.

    1. a) competitionline is entitled to increase prices, provided that the price increase(s) comply with the increase in prices incurred by competitionline (inflation) for the production and delivery of products. Price increases will take effect no earlier than six weeks after the customer‘s receipt of the notification of change. The customer is entitled to dispute the price increase within this period. If the customer does not exercise this right, and the customer has been informed of their right to dispute the price increase in the notification of the price increase, then the contract will be continued at the adjusted prices.

    2. b) If there is a significant expansion of the scope of online services, competitionline is entitled to amend its prices accordingly, namely in proportion to the effective expansion. The increase will take effect six weeks from the date of the customer‘s receipt of the notification of change. The customer is entitled to terminate the contract, in the event of an increase in prices, within six weeks from the notification of the price increase. If the customer does not exercise this right, and the customer has been advised of these rights in the price increase notification, then the contract will be continued at the adjusted prices.

  3. competitionline is entitled to send invoices to the user by e-mail.

  4. Payment shall be effected at the user‘s option by invoice, by electronic direct debiting or by credit card. competitionline is entitled, at the earliest at the beginning of each renewal period for paid services, to have the user’s annual membership amount collected by means of direct debiting or the user’s credit card. competitionline is entitled to make use of the direct debit authorization granted for that purpose by the user, including the stored bank account or credit card information provided by the user. The user agrees to ensure, for the duration of the requested paid subscriptions and services, that competitionline is provided with the user‘s current payment information. In the event of a returned direct debit or any other posting error, the user agrees to pay the invoiced amount due – plus any fees incurred by competitionline from the user‘s credit institute – to the account indicated by competitionline within 14 days. Without prejudice to any other rights, competitionline is authorized to block access in the case of unpunctual receipt of payment if competitionline has warned the user of such blocked access in writing 14 days in advance. competitionline shall be entitled to block access without warning and adherence to the waiting period if advance warning of such blocked access is not reasonable for competitionline.

Article 7 Contract period and cancellation

  1. Contract periods

    1. a) Free registration

      The contract with users who have free registration does not expire. The user is entitled to terminate the user contract at any time without advance notice. competitionline is entitled to terminate this user contract at the end of any month with 14 days of advance notice.

    2. b) Paid online and print subscriptions

      The contract period for paid online or print subscriptions is one year (from the date of the order), and is automatically renewed for a further year after the contract period expires. Online subscriptions may be canceled at any time up to the expiration of the contract period. Cancellation of print subscriptions is, for organizational reasons, only possible when submitted at least 6 weeks prior to the expiration of the contract period. If a print subscription is part of a crossmedia (i.e. print and on-line) package, then the terms and conditions for cancellation of online subscriptions apply.

    3. c) Student subscriptions

      Students must send competitionline a current certificate of enrollment, without being requested, for the student‘s paid online and/or print subscriptions (refer to Article 7 1.b) within 7 days of first placing a purchase order and again at the beginning of each new semester. A certificate of enrollment is required for the invoice for each subsequent contract period.

      If the certificate of enrollment is not submitted to competitionline within 7 days (at latest) from the date of the order and/or at the time of subscription renewal, then print subscriptions will be invoiced at the regular price. For cross-media (i.e. print and online) packages, the price charged will be the minimum price of the lowest priced cross-media subscription available at the given point in time. Additional information can be found in the section “Products & Prices.”

    4. d) competitionline TOOLBOX

      The contract period for the competitionline TOOLBOX depends on the duration of the competition (and/or contract awarding procedure) and ends with the end date of the competition or procurement process. Cancellation is possible at any time.

  2. Form of cancellation

    The user may terminate the contract by fax, e-mail or regular mail.

  3. Cancellation without advance notice

    The right to cancellation without advance notice shall remain unaffected. The contractual relationship may be terminated by either of the respective parties for good cause given facts on the basis of which it would be unreasonable for the canceling party to set forth the contract while taking all of the circumstances of the individual case into consideration. Good cause shall be given in particular if a user:

    • provides false contact information, in particular a false or invalid e-mail address;
    • harms other users or competitionline to a serious extent, in particular abuses the services of competitionline;
    • fails to comply with or violates statutory provisions or
    • substantially impairs the reputation of competitionline with the user’s Internet presence.
  4. Blockage of the user account / Refunding of fees
    1. competitionline is entitled, given good cause, to delete the user‘s data, to block the user‘s account and to exclude the user from any further use. If a user‘s account/profile is blocked, the user is not entitled to reinstatement of the same. The right to block an account shall apply in particular if the respective invoices are not paid despite use of services/products/subscriptions subject to fees.
    2. The user will not be reimbursed for any fees already paid in the event that the contract is cancelled by competitionline without advance notice or in the event that the user‘s account is blocked. If the user is entitled to cancellation without notice, competitionline shall be obligated to refund any fees already paid if competitionline is responsible for the fact that good cause is given.

Article 8 Defects, liability

  1. competitionline will exercise the customary due diligence expected from a publisher to ensure that the information and services are up to date and well-managed. competitionline excludes any liability for the accuracy, correctness or completeness of the content which has been provided and excludes any liability for its selection.

  2. Any damages based on injury to life, limb, health or essential contractual obligations (cardinal obligations), which competitionline or their legal representative(s) or vicarious agent(s) of competitionline may have caused will be the liability of competitionline in accordance with the statutory provisions. Cardinal obligations are those which must be fulfilled to achieve the objective of the contract. competitionline shall only be liable for foreseeable, typically occurring damage if such is due to slight negligence. Otherwise, liability is excluded insofar as legally permitted.

Article 9 User obligations

  1. The user is obligated to provide true and complete information upon registration. The use of pseudonyms or aliases is not permitted. The user is only entitled to use photos in the user’s personal profile that provide for clear recognition of the user. Noncompliance shall be considered good cause for cancellation. The user is obligated to independently update the user information and to enter every change of address, change of name, etc. By clicking the corresponding buttons in the user’s personal profile, the user can control which personal information is displayed for public access.

  2. Upon registration each user receives an individual password that the user may change at any time. The user‘s personal access data, which consists of an e-mail address and password, is intended solely for personal use. The user must take means to ensure that this access data is not made available to third parties and that third parties are prevented from otherwise using the user‘s personal account. Employees of the user‘s company are also considered to be third parties. If several employees of a company are to use the platform at the same time, then multiple user accounts must be set up accordingly. The user is obligated to immediately inform competitionline if a password is lost, or if the user learns that third parties have gained knowledge of the password.

  3. The user agrees to comply with all applicable national and international laws, regulations and guidelines. If the user does not provide evidence that a third party has used the user‘s account in order to access the competitionline platform, then all declarations made via the user‘s account will be attributed to the user. The user shall be liable for any misuse on the part of third parties insofar as the user is unable to prove that the user is not to blame in this regard. The user is therefore solely responsible for all acts or omissions that occur under the user‘s login name. The user shall accept the fact that competitionline is justified to remove the user’s messages, user entry and to deactivate the user’s forum if based on the sole assessment of competitionline it must be assumed the user is involved in one of the following activities in particular:

    • use of the competitionline Internet platform for any unlawful purpose, or sending unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, distressing, insulting, intrusive, or otherwise objectionable material, including blatant expressions of narrow-mindedness, prejudice, racism, hate;
    • violations of the rights of third parties, including rights and/or laws, for example, relating to advertising, copyright and copyright law, trademarks, corporate logos, patents and intellectual property or use of the services for violations of intellectual property rights, including pirated computer programs or links to such programs;
    • interference in the service and disturbance of the service – or the server, computer systems or networks that belong to the server – or violation of policies or procedures in connection with networks, or negative influence on the use of the service by other users, including dissemination of viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful programs, or the attempt to access the service, other accounts or private mailing lists without permission through password abuse or by other means;
    • sending information to circumvent copy protection mechanisms installed by competitionline, including serial numbers for software programs, or „cracker“ utility programs;
    • sending chain letters;
    • entering false information in the registration form, or attempting to mislead others about the origin of a message;
    • forwarding of a hyperlink to webpages which contain content that is not permitted by the service;
    • violation of award regulations or the tendering terms and conditions.
  4. Furthermore, the user shall be prohibited from undertaking actions that are capable of impairing the functionality of the competitionline Internet platform.

  5. competitionline expressly reserves the right to assert claims for damages.

Article 10 Responsibility for content, data and information

  1. competitionline excludes any liability for content that is posted by users on the platform or which is provided to competitionline for publishing. In particular, the content which users post on the platform, or which is submitted to competitionline for publication, is not checked for accuracy and completeness by competitionline. The user is solely responsible for such content and is liable for the accuracy and completeness of the information. competitionline does not provide any guarantee that the content is correct or fulfills a specific purpose. If the user detects content on the competitionline Internet platform that is incorrect, contrary to the terms of the agreement or illegal, then this may be communicated to competitionline by using the contact form.

competitionline assumes no liability for the content of linked, external websites.

  1. If the users enter into contractual relations with each other, this is excluded from competitionline‘s liability. competitionline is not responsible, and assumes no liability, for the fulfillment of such contracts.

Article 11 Indemnification

In the event that the user violates the rights of third parties by placing content on the competitionline Internet platform and if third parties bring legal action against competitionline as a result, then the user shall indemnify competitionline against any and all claims, including claims for damages, asserted against competitionline by third parties. In addition, the user shall be obligated to pay any costs required for defense, in particular the costs of legal defense by attorneys, in advance. This is without prejudice to any further claims.

Article 12 Proprietary rights and rights of use

  1. Regarding content provided by competitionline

    1. a) competitionline or, where applicable, the designated author, is solely entitled to any and all rights, in particular proprietary rights of use and exploitation, to the content and services published by competitionline on the competitionline Internet platform (e.g. texts, images, documents and videos) as well as the database itself, to the exclusion of the user. The user is prohibited from changing or removing any copyright notices, trademarks or similar information. Any reproduction or other use requires written permission. Violations will be prosecuted under criminal and civil law in the interests of the owners of the respective rights.

    2. b) Content retrieved by the user from competitionline – including information, text, images, downloads, software, scripts, etc. – may only be used for the user‘s own personal, official or professional use. Individual copies may be made for this purpose only. The content may not be made available or accessible to third parties in such a way that the third party is saved having to subscribe for paid services; this applies in particular to the companies affiliated with the user‘s company. The content may not be repeatedly and systematically copied to a database or a network accessible to third parties who are seeking calls for tenders or content of the types mentioned above. It is also prohibited to repeatedly and systematically send the aforementioned content to such third parties.

    3. c) If the user ignores the provisions of Paragraphs 12.1. a) or b), competitionline is entitled to terminate the contractual relationship without advance notice and to block the access to the platform immediately. Furthermore, the user shall be liable to pay a penalty of three times the price of all subscriptions and services which the user subscribed to from competitionline in the given calendar year. The user retains the opportunity, in this case, to demonstrate that no damages or a significantly lower amount of damages were incurred.

    4. d) The user is prohibited from blocking, overwriting, modifying, or copying the text, images, downloads, software or scripts of the competitionline Internet platform insofar as such is not required for proper use of the competitionline Internet platform. Moreover, the user shall refrain from any action that is capable of impairing the functionality of the competitionline Internet platform, in particular excessive loading of the competitionline Internet platform.

  2. Regarding content provided by the user

    By posting or submitting content (e.g. text, images, videos, and documents of any kind), the user grants competitionline the unrestricted right in terms of both time and place to store and publish the content on the competitionline Internet platform. competitionline is entitled to grant the rights to third parties that are involved with publication on the competitionline Internet platform on behalf of competitionline.
    In addition, the user grants competitionline the right to publish the content posted by the user or provided to competitionline for publication in any of the following: “competition,” the printed product and digitally published trade journal from competitionline, as well as special editions of “competition” and reference works, and on those social media profiles operated by competitionline in conjunction with the platform, including such profiles on Facebook, Twitter, Google+, Pinterest, etc. competitionline may in particular edit, reproduce, disseminate, make publicly accessible and dispatch and otherwise employ or exploit such content in the scope required for use in accordance with the above sentence.
    These rights shall be granted free of charge.
    In individual cases competitionline shall obtain any other rights of use from the user.
    By posting or submitting the content the user guarantees that the user is entitled to dispose of the rights granted and that posting the contribution does not violate the rights of any third parties. The user guarantees that the consent of the person depicted and/or, if applicable, the owner of the depicted item has been obtained.
    This does not apply to data that is uploaded as part of the online procedure using the competitionline TOOLBOX. This data is administered solely within the framework of the respective contract awarding procedure and made available to the clients or advisors. This data is not published in any further way.

Article 13 Data protection

  1. The user authorizes competitionline to process, store and use data received in connection with the business relationship within the meaning of the German Data Protection Law. Such data shall be disclosed to third parties only with written consent from the user, unless there exists a legal or government imposed obligation, or disclosure is required for the purpose of evidence or execution of business relations.

  2. Registration of the user will be revoked in the event that the contract is canceled either by competitionline or by the user. The user’s personal profile at competitionline will no longer be publicized from within one month after receipt of the notice of cancellation in the case of a free contract, and after expiration of the contract period in the case of subscriptions.

  3. competitionline uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies,” text data files that are stored on your computer and which make it possible to analyze your use of the website. The information generated by cookies with regard to your use of the Internet platform (including your IP address) is transmitted to and stored on a Google server in the USA. Google employs this information in order to evaluate your use of the website in order to compile reports on website activities for the website operator and in order to provide other services connected with use of the website and the Internet. Google may also disclose such information to third parties insofar as such disclosure is legally prescribed or insofar third parties process such data on behalf of Google. By using this website, the user consents to the processing of the user‘s data by Google, in the manner described above and for the purposes set out above.

    Alternatively, the user can prevent the installation of cookies by changing the settings of the browser software. However, in this case the user may not be able to make complete use of all of the functions of the website.

    Users who do not wish to have their visit data be recorded by the Google Analytics JavaScript may install the browser add-on for deactivating Google Analytics. With this add-on, the transmission of visit information to Google Analytics via the Google Analytics JavaScript (ga.js, analytics.js and dc.js) will be prevented. The browser add-on can be used with most modern browsers. Click here for more information about the browser add-on for disabling Google Analytics: https://tools.google.com/dlpage/gaoptout

  4. competitionline expressly notes that publicly accessible project and address data of the users and/or companies will be used for “Baumelder.” Additional information about “Baumelder” can be found in the “Products & Prices” area.

Article 14 Advertising

1. competitionline is funded partly by advertising. competitionline therefore reserves the right to place advertising presentations by manufacturers in connection with the project references of planning offices. For example, if a manufacturer‘s products were installed and/or used in the given project, this may be specially noted.

2. competitionline is working with Aumago GmbH Berlin ("Aumago“). Aumago uses text files ("cookies“), which are stored in the computer's browser and collect anonymous usage data for the purposes of online advertising based on use (online behavorial targeting "OBA“). Examples of anonymous usage data include the type of website visited, the category and/or product page visited, and the browser or end-device used. No personal information is collected. The data cannot be linked to the real identity of the user. The cookies are either Aumago cookies or cookies from software service providers used by Aumago (e. g. krux digital Inc.). Aumago segments the information from the cookies by sector, based on an anonymous analysis of the user's surfing behavior - e. g. browser "1" is given a "Sector A" cookie on website "X" and enables the online advertising to be targeted to the interests that are presumed from this. Aumago will use this anonymous, non-personal data on competitiononline's behalf for marketing purposes, in order to improve the focus of its online advertising. In concrete terms, this means that the user's browser memorizes the fact that the user is interested in architecture, for example. The user will thus receive more targeted, rather than indeterminate advertising on other selected websites that the user visits. The quantity of advertisements will not change as a result. Users can, at any time, delete the cookies directly in their browsers, manage their cookie preferences at http://www.networkadvertising.org/choices/ or deactivate Aumago's cookies at http://www.krux.com/privacy/consumer-choice/.

Article 15 Final provisions

  1. competitionline reserves the right to amend these Terms and Conditions of Use at any time. competitionline will inform the user about the new version of the Terms and Conditions of Use. If the user of the new version does not dispute the new version within two weeks of receipt, then the new terms and conditions will be considered approved by the user and will go into effect. competitionline will inform the user, when sending the new terms and conditions, about the possibility and the deadline for objection.

  2. Notifications from competitionline to the user will be sent predominantly via e-mail. The user consents to be informed by competitionline via e-mail regarding amendments, updates, etc. of any kind to the competitionline Internet platform. Insofar as a date and/or a time is decisive for declarations and legal transactions, then the indicated server date and the indicated server time of competitionline shall be determining.

  3. If the user is an entrepreneur, then Berlin shall be the exclusive place of jurisdiction for any claims in connection with the business relationship. In this case, however, competitionline reserves the right to bring action against the user at the court having jurisdiction for the user’s domicile.

  4. The contractual relations between the parties to the agreement shall be governed exclusively by the laws of the Federal Republic of Germany. If such law makes reference to foreign legal orders, then such references shall be ineffective. Application of the United Nations (Vienna) Convention on Contracts for the International Sale of Goods is expressly excluded.

  5. Should individual clauses of the present agreement and/or its Annexes or future agreements be invalid as a whole or in part, then the validity of the remaining contractual agreements shall not be affected.

Berlin, November 2014