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§ 1 Purview and extent
1. Biz4.sale is a database accessible via the Internet operated by Stemas AG, in which legal entities and natural persons capable to enter into legal transactions without limitations (following: "users"), may advertise company’s selling offers or buying requests, as well as searching sell or buy advertisements. Partially, the functions and services of biz4.sale may only be available after a successful registration of the participant.
2. With the usage of the biz4.sale platform only these conditions apply between the user and Stemas AG. Terms and conditions by the user conflicting the terms and conditions provided here do not have any validity.
3. With the usage of the biz4.sale platform the participants agree to the general terms and conditions without additional declaration.
§ 2 Changes in the General Terms and Conditions
Biz4.sales reserves the rights to change the AGB at any and all time. In case of a change in the general terms and conditions users shall be informed 1(one) month prior to the entry into to force of the changes. The users will be informed of the changes in a written message (e.g. email). The changes shall be accepted if the user does not appeal to biz4.sale against the changes. We will point out the relevant rights and dates concerning the changes in the message sent to the users to announce the changes.
§ 3 Distinction between Entrepreneurs and consumers
Some of the provisions of the General Terms and Conditions do not apply in relation to any and all entrepreneuers but only in relation to consumers. Where the scope of application of the General Terms and Conditions is limited in the before mentioned way it will be specially indicated hereinafter.
„Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural or legal person or legal entities that enters into the business relationship with us for a purpose which is inside its commercial occupation or self-employment.
„Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
§ 4 Service Scope
1. The obliged services of biz4.sale are limited to the provision of an input mask for advertisements, the review and release of these advertisements and the assurance of accessibility of the biz4.sale platform via the internet. Depending on the type means of access used the presentation of the biz4.sale services may vary.
2. Advertisements created by users may be promoted by biz4.sale, through third parties or on its own. Therefore, biz4.sale may provide data provided by users to third parties. Moreover, the user accepts that data provided may be translated by biz4.sale in order to display and promote the advertisement.
§ 5 Availability
The biz4.sale platform shall be available for 24 hours daily. However, Stemas AG reserves the right to temporarily restrict the platform services or to suspend service. Working hours may be limited due to technical issues or in order to provide improved performance of the contractual services.
§ 6 Usage and registration
1. Registration shall be mandatory in order to use the services provided by biz4.sale. With the successful registration a contract regarding the use of all public functions of biz4.sale between the user and biz4.sale shall be concluded.
2. All legal and natural persons and legal entities capable of entering into a legal transaction without limitations may register.
3. All information provided by the user during the process of registration must be provided correctly and completely. The user is required to choose a passwort which must be at any and all times kept secret and may not be disclosed to any third parties. Besides, a valid email address is needed to registrate for the services of biz4.sale. If the information provided by the user change, the user is required to adjust and verify the provided information.
4. Biz4.sale reserves the right to reject a registration and to block or delete user accounts at any time.
§ 7 Contents, Liability and Deletion
1. Advertisements and contact requests shall include concrete purchase or selling intentions of company shares / equity capital. Neither credit or debt offerings, advisory offers without a concrete purchase or selling intention of company shares / equity capital nor obviously untrustworthy advertisements in violation of any applicable law are allowed.
2. Biz4.sale reserves the right to delete or decline advertisements and contact requests without notice and without giving reasons if the content doesn´t comply with § 7.1 or if there are reasons that adversely affect or threaten the purpose of biz4.sale. Paid fees for chargeable extra services (e.g. premium upgrades for your advertisement) won´t be refunded.
3. Biz4.sale excludes any and all liability and warranty for contents of the advertisements submitted to biz4.sale. Biz4.sale shall not be liable for any damage or loss caused by the offer or usage of foreign information or advertisements. Moreover, biz4.sale shall not guarantee the success of advertisements.
§ 8 Transmission of additional information and supplemental offerings
Biz4.sale is entitled, but not obliged, to hand over proprietary information or third-party contents to prospects, which is related to a potential transaction or connected with a contact request. Information and data shall not be passed on to third parties, unless the sender or receiver of such a request has consented to the handover of the data.
§ 9 Copyright and Usage Rights
All data, information, texts, company logos and images of advertisements uploaded to biz4.sale are subject to copyright laws. The user's rights shall remain unaffected hereby. The participant may continue to freely use and delete its own data and information. An involvement of biz4.sale shall not be possible.
§ 10 Right of Access
Biz4.sale shall be entitled to reject advertisements, delete advertisements, reject registrations, issue warnings to participants, limit or restrict the use of biz4.sale, block participants, suspend participants, if there is evidence that the purpose of biz4.sale is adversely affected or compromised.
§ 11 Payments
Payments can be done via Paypal or Credit Card.
§ 12 Right of Withdrawal
Customers of Stemas AG shall receive the purchased premium products only as modification of the online advertisement on the biz4.sale platform. The right of withdrawal is not applicable for long distance contracts (Fernabsatzverträge), which are due to their properties not suitable for a return (according to §312d Abs. 3 BGB). However, biz4.sale reserves the right to refuse the release of any and all advertisements, which do not comply with the advertisement guidelines of biz4.sale.
§ 13 Confidentiality
1. The information obtained while using biz4.sale shall only be used for purposes related to the advertisement listed on biz4.sale.
2. The participant shall treat as confidential any and all information, documents and knowledge gathered in the course of interacting with Stemas AG or any services provided by Stemas AG. Additionally, the participant shall not distribute to third parties any and all information, documents and knowledge gathered in the course of interacting with Stemas AG or any services provided by Stemas AG. This rule shall not apply for any one person, which is by its function required to secrecy as regards the information entrusted to them by their clients.
§ 14 Data Retention
All data submitted by prospects to biz4.sale shall be stored and processed by biz4.sale for the above mentioned purpose. Biz4.sale shall take into consideration all relevant data protection requirements.
§ 15 Indemnification
The user shall release biz4.sale from any and all claims asserted by third parties against biz4.sale because of a violation of their rights by the user's advertisement or by any other use of the biz4.sale services. The participant shall also bear the costs entailed by defending the rights of biz4.sale, including all incurred legal and court fees.
§ 16 Place of Jurisdiction and Applicability of German Law
1. The place of jurisdiction for any and all conflicts arising by the usage of the biz4.sale services shall be Munich, Germany. This Agreement shall be governed by and construed in accordance with the substantive laws of Germany, without regard to the Conflict of Laws provisions thereof.
2. For the avoidance of doubt, the Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
3. For dealings with entrepreneurs public law, the courts of our place of business (Munich) shall have jurisdiction over all conflicts arising hereunder. However, biz4.sale shall remain entitled to file a lawsuit at customer's place of business instead.
§ 17 Severability
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable enactment or rule of law, such illegality, invalidity or unenforceability shall not affect the remainder of this Agreement, and the Parties shall in good faith attempt to substitute a legal, valid and enforceable provision which achieves to the nearest extent possible the same effect as would have been achieved by the illegal, invalid or unenforceable provision.
This agreement was written in German. To the extent any translated version of this agreement conflicts with the German version, the German version controls.