Terms and Conditions of
Participation for Digital Participation in the ZF Virtual Career Connect
Last updated: November 2022
§ 1 Scope
These Terms and Conditions of Participation for ZF Virtual Career Connect
(“Event”) of ZF Friedrichshafen AG, Löwentaler Straße 20, 88046
Friedrichshafen, Germany ("Organizer"), apply to purchases of full
conference passes (“Tick-et(s)”) and to registration for the Event and
participation by attendees, sponsors, speakers, or partners (collectively
“Participants”) in the Event. By purchasing Tickets and/or registering as a
Participant, the buyer of the Ticket (“Customer(s)”) and/or the registering
Participant accept(s) these Terms and Conditions of Participation.
Confirmations from the Customer to the contrary that make reference to the
Customer’s own terms and conditions of business or purchasing are here-by
expressly rejected. Deviations from these Terms and Conditions of Participation
are valid only if they have been con-firmed in writing by the Organizer. These
Terms and Conditions of Participation apply even if the Organizer performs
services without reservation while knowing of terms and conditions of the
Customer that deviate herefrom or conflict herewith.
§ 2 Coming into existence of the
contract
2.1 The Organizer uses the platform
of rooom AG, Löbstedter Straße 47a, 07749 Jena, Germany, to hold the Event.
2.2 Reselling or sharing of Tickets
or any other unauthorized access to the Event is prohibited. In the event of a
violation of the foregoing provision, the Organizer is entitled, in particular,
to freeze the Ticket (access code) in question and deny the user the ability to
participate in the Event by deleting the user profile, with no compensation
being provided therefor, and to refuse to sell Tickets to the person
responsible for another event in the future.
§ 3 Scope of service
3.1 The Ticket allows the Customer
and the registered Participant to participate in the Event and use
Event-related services (“Services”) that are provided during the Event. These
kinds of Services may include the following, depending on availability and
without establishing any claim thereto: one-on-one video calls, chats, speaker
discussions, sponsoring, recruiting, and other functions.
3.2 The Organizer reserves the right
to amend, restrict, or cancel the use and/or scope of one or more Services
before and during the Event.
3.3 Any and all statements made by
the Organizer with regard to the Event or the Services in advertising
materials, on websites, and in the documentation constitute merely descriptions
of the product and do not establish any warranty or representation concerning a
specific characteristic except where expressly designated as such.
3.4 The Organizer shall make
reasonable efforts to ensure that the Event and the Services are available at
all times during the Event dates. The measuring point for determining whether
the Event is available and the Services are available for use is the interface
between the Event platform and the Internet.
3.5 The Organizer cannot be held
responsible in the following situations unless conduct that is grossly
negligent or intentional at the least can be attributed to it:
• downtime caused by malfunctions of the Internet or other circumstances for
which the Organizer is not responsible, particularly an epidemic or pandemic
(such as COVID-19) or an event of force majeure;
• downtime caused by obligatory un-scheduled maintenance work that is required
in order to eliminate disruptions; if possible, the Customer and the registered
Participant will be informed of any disruption by a notification on the Event
website; and
• downtime caused by temporary defects in the technical infrastructure of the
Customer and the registered Participant, such as malfunctions in the hardware
of the Customer and the registered Participant.
§ 4 User profile
4.1 Customers and registered
Participant are asked to set up a user profile on the Event platform before
participating in the Event. Customers and registered Participants affirm that
they:
• will register using their full and correct name and a valid e-mail address;
• are at least 16 years old;
• will use a secure password and treat this password as confidential;
• will prevent unauthorized use of their user accounts by third parties; and
• will observe all applicable legal provisions and the user guidelines of the
Organizer.
4.2 Setting up a user profile with
false information constitutes a violation of these Terms and Conditions of
Participation and entitles the Organizer to terminate the agreement immediately
and without observing a notice period and to exclude the Customer or
Participant from participation in the Event.
4.3 The Customer and the registered
Participant are responsible for anything and everything taking place via their
user profile unless the Customer and the registered Participant have closed the
user profile beforehand or notified the Organizer of abuse thereof.
§ 5 Obligations of the Customer
and Participant; rights of use
5.1 Customers and Participants bear sole
responsibility for providing, servicing, and maintaining all technical
equipment and systems that are necessary in order for them to access the Event
and use the Services, particularly the necessary hardware, an operating system,
a solid Internet connection, and current browser software.
5.2 Customers and Participants are
obligated not to share their password and account information with third
parties and to protect these against access by third parties. Users can be held
liable for any abuse of their account for which they are at fault.
5.3 Customers and Participants
hereby agree to respect the rights of third parties, including those of the
Organizer. Therefore, Customers and Participants are, in particular, not
permitted to
• use the information received in connection with the Services (such as
con-tact information) or communication Services (contact with other users) for
advertising purposes;
• transmit or enter data that could, due to their nature, properties, size, or
quantity, damage or freeze the entire IT infrastructure of the Organizer or the
computers of other third parties or could spy on or damage data stored on this
IT infrastructure (e.g., through viruses, Trojans, or spam e-mails); and/or
• take actions or disseminate content in conjunction with the use of the
Services in violation of the rights of third parties (such as copyright,
trademark rights, personal or privacy rights and rights of data protection) or
of statutory provisions, particularly criminal laws, provisions of law for the protection
of youth, data protection provisions, and/or the provisions of the law of
competition.
§ 6 Statement, information, and
content for shared use
6.1 The Services may enable the
transmission and sharing of statements, information, and content between
Customers and registered Participants. Statements, information, and content
that Customers and registered Participants transmit or use jointly or otherwise
communicate may be observed by other Customers, Participants, or third parties.
Customers and registered Participants are responsible for the statements,
information, and content that are shared with other Customers and registered
Participants and for the chosen method of sharing statements, information, and
content.
6.2 The Organizer is not obligated to
publish statements, information, or content via the Service and is permitted to
remove statements, information, and content with or without notice.
§ 7 Rights of ownership
7.1 The Customer and the registered
Participant hereby affirm that the Customer and the registered Participant are,
in each case, permitted to transmit and/or publish the statements, information,
and content provided by the Customer and the registered Participant during
participation in the Event and use of the Services. The Customer and the
registered Participant hereby also declare that the statements, information,
and content that are provided, jointly used, or otherwise transmitted by the
user or the company do not violate applicable law or the rights of third
parties (including intellectual property rights). Furthermore, the Customer and
the registered Participant each affirm that the profile data in the user
profile are truthful. The Organizer may be legally obligated to remove certain
statements, information, or content.
7.2 The Customer and the registered
Participant grant the Organizer a worldwide, transferable right of use, subject
to sub-licensing, for the statements, information, and content, including the
right to use, copy, modify, distribute, publish, and process the statements,
information, and content that are provided, jointly used, or otherwise
communicated by the Customer and the registered Participant via the Services
without any further consent on the part of the Customer and registered
Participant and without further notification and/or any obligation to pay a
licensing fee to the Customer and registered Participant or third parties on
the part of the Organizer.
7.3 The Customer and registered
Participant shall indemnify and hold harmless the Organizer in each case from
and against all claims, legal actions, and/or other proceedings brought by
third parties against the Organizer with regard to the right of use granted by
the Customer and registered Participant to the Organizer. This
indemnification encompasses all losses that the Organizer has suffered, along
with other costs and expenditures, particularly, but not limited to, those
arising from court fees and costs and/or attorneys’ fees.
7.4 The Customer and the registered
Participant can terminate the right of use for certain statements, information,
and content at any time by deleting these statements, information, and content
from the Services or closing the user profile; in this case, the Customer and
registered Participant must take the following into account:
• other Customers and/or registered Participants may have copied the statement,
information, and content exchanged within the Services;
• other Customers and/or registered Participants may have released or stored
this; and
• the Organizer requires a reasonable time span to remove this statement,
in-formation, and/or content from security and other systems.
§ 8 Statements, information, and
content
8.1 When using the Services, the
Customer and the registered Participant may encounter statements, information,
and/or content that are inaccurate, incomplete, late, misleading, illegal,
insulting, or otherwise harmful. The Organizer is under no obligation to
review, correct, complete, or otherwise change any statements, information,
and/or content provided by other Customers and registered Participants. The
Organizer is not responsible for the statements, information, and content of
other Customers and registered Participants and therefore cannot be held liable
for damage and/or losses occurring as a result of statements, information, and
content of Customers and registered Participants.
8.2 Furthermore, the Organizer is
not responsible for services that are offered and/or provided to a Customer and
registered Participant by another Customer or another registered Participant or
a third party during participation in the Event and/or use of the Services. Any
offering or provision of services through the use of the Services takes place
exclusively between the Customer and a registered Participant and another
Customer, another registered Participant, or a third party.
8.3 In this context, the Customer
and registered Participant agree that the Organizer:
• is not responsible for offering, performing, or purchasing these
services;
• does not endorse any particular service offered by a Customer and registered
Participant; and
• is not permitted to enter into any employment, agency, or joint venture
relationship with a Customer and registered Participant that offers services.
8.4 If the Customer and the
registered Participant offer services via the Services, the Customer and the
registered Participant each represent and warrant that the Customer and the
registered Participant hold all necessary licenses, approvals, and other
authorizations that are necessary in order to offer and/or provide the service,
and that the Customer and the registered Participant will offer and/or provide
services that are in accordance with the code of conduct and user guidelines of
the Organizer.
§ 9 Exclusion and limitation of
liability
9.1 The Organizer makes no
representation or warranty with regard to the Event and Services or any
representation that the Event and/or Services will run without interruption or
without errors. The Event and the Services (including content and information)
are provided “as is” and “as available.”
9.2 The Organizer also makes no
representation or warranty for income or profit expectations and/or business
opportunities that are directly or indirectly associated with participation in
the Event and/or the use of the Services by the Customer or registered
Participant.
9.3 Liability is excluded except
where mandatory liability exists pursuant to the German Product Liability Act
(ProdHaftG) or due to intent or gross negligence, due to loss of life, bodily
injury, or impairment of health, provision of a warranty of a particular
quality, malicious concealment of a defect, or breach of essential contractual
obligations. “Essential contractual obligations” means those obligations whose
fulfillment renders the proper execution of a contract possible in the first
place and in compliance with which the Parties are generally permitted to
trust. Damages due to violation of essential contractual obligations are
limited to the amount of damage and/or losses foreseeable and typical of the
contract, except in cases of intent or gross negligence.
9.4 The Organizers liability
irrespective of fault for defects that exist at the time when the registration
is concluded in accordance with Sec. 536a (1), first sentence, of the German
Civil Code (BGB) is ruled out.
9.5 To the extent that liability on
the part of the Organizer is ruled out or limited, this also applies to the
personal liability of the employees, workers, representatives, and vicarious
agents of the Organizer.
§ 10 Changes/postponement/cancellation
of the Event
10.1 The Organizer reserves the right
to change the program and/or the time of various events within the Event. In
this case, the agreement and the access to the Event will automatically be
extended by the relevant period, and the dates of the Services to be provided
will be shifted to the new period that applies to the Event.
10.2 If the Organizer is obliged to
cancel the Event for organizational reasons or other reasons for which the
Organizer is not responsible, any compensation that may have been paid for the
Tickets will be refunded. The Customer or registered Participant shall have no
further claims, particularly for losses and/or damage.
§ 11 Online dispute resolution
platform
11.1 The European Commission provides
a platform for online resolution of disputes out of court (ODR platform). This
platform can be accessed at www.ec.europa.eu/Consumers/Odr. Contact information
for the Organizer, including the e-mail address, is posted in the legal notice
on the website for the Event.
11.2 The Organizer is neither
obligated nor willing to participate in the dispute resolution procedure.
§ 12 Miscellaneous provisions
12.1 The place of performance and
place of jurisdiction for all disputes arising in connection with this
contractual relationship is Berlin if the Customer or Participant is a merchant
as defined in German law (Kaufmann), a legal entity existing under public law,
or a public-law special fund or if at least one of the Parties does not have a
general place of jurisdiction in the Federal Republic of Germany.
12.2 The laws of the Federal Republic
of Germany apply on an exclusive basis to all disputes arising out of or in
connection with the Agreement and these Terms and Conditions of Participation
and/or the participation in the Event, irrespective of the legal basis
therefor, to the exclusion of conflict-of-laws rules that would refer the
matter to a different jurisdiction. The United Nations Convention on Contracts
for the International Sale of Goods (CISG) does not apply.
12.3 Should individual provisions of
these Terms and Conditions of Participation be invalid, the validity of the
remaining provisions shall be unaffected thereby.
12.4 The invalid provision must be
supplemented in such a way that the intended purpose is achieved.