General Terms and Conditions

for Events, KC+ subscriptions, and Materials

February 1st, 2020

 

Definitions

"We" means KuppingerCole Analysts AG, Wilhelmstr. 20-22, 65185 Wiesbaden, Germany. "Us" and "Our" shall be read accordingly.

"You" means You or anybody who in Our reasonable opinion is acting with Your authority or permission. "Your" shall be read accordingly.

„Entrepreneur“ shall mean a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

An "Event" shall mean a business event We organize or in respect of which We have the right to sell or grant Admission to You, for example, without limitation, a conference, an exhibition, a seminar or a webinar.

„Materials“ shall mean documents, data, texts, drawings, videos or other content (digitally or in writing) We provide to You (i) via our website or mobile app (for example white papers, webcasts, leadership compass, leadership briefs) (ii) at the venue of an Event (for example a hand-out), or (iii) otherwise. For the avoidance of doubt, We do not provide any originals to You, unless otherwise agreed upon, but allow You to access, read, view, listen to and/or download a copy of such Materials.

"Admission" means tickets, digital tokens or access links, badges or other types of evidence of admission to an Event provided by Us to You.

1. Scope

1.1 These General Terms and Conditions shall apply if You are an Entrepreneur only.

1.2 We do not recognize conditions or standard conditions of Yours that differ from these General Terms and Conditions unless We expressly agree to their validity.

2. Ordering

2.1 When ordering via our websites, the items that You wish to order shall be displayed in the "Booking Chart". You can make changes to Your order at any time by going back to previous steps from the "Booking Chart". By clicking the „Register and pay now“ button or „Register“ button, You send off Your binding order to Us. If You finish the following payment procedure, this will constitute a binding order between You and Us.

2.2 If You do not finish the payment procedure, or in the event You send Us an order by other means, for example via email, We can accept Your order within two weeks. If We do, We will send You an order confirmation, which will constitute a binding order between You and Us. We may also accept Your order orally, for example on the phone, or by starting to provide the products or services You ordered, for example by sending You the Admission or Material You ordered.

3. Events

3.1 Admission Procedure

3.1.1 A valid Admission must be produced to get into an Event. Removing any part of, altering or defacing the Admission may invalidate Your Admission.

3.1.2 At the venue of the Event You will have to register with Your Admission. Registration will provide each attendant holding a valid Admission with a personal badge, which will be required to get into the Event‘s venue and must be held available by You throughout the course of the Event. The badge will allow You to leave and re-enter the Event. Where a concession is claimed, proof of identity and concession entitlement (for example VIP or special guest status) may be required in which event You will be obliged to provide at any such time proof of Your entitlement to the concession.

3.1.3 For attending a webinar You will have to register/log in at Our respective website with Your Admission.

3.1.4 Please check Your Admissions details carefully on receipt and contact Us immediately if there is a mistake. It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provided to Us without undue delay, in particular, to enable Us to notify You in event of changes to an Event You booked.

3.2 Admission Delivery for Events

3.2.1 You will receive Your Admission via E-Mail, via Our mobile app, per download-link and/or by mail. If You have not received Your Admission from Us seventy-two (72) hours prior to the Event please contact Us immediately including Your reference number and the name of the Admission purchaser.

3.2.2 We reserve the right to make Your Admission available for collection at the registration desk of the venue of the Event. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver Your Admission, You will be notified at the point of purchase about the arrangements for the collection of Your Admission.

3.2.3 If You are collecting Your Admission from the registration desk at the venue, You must have Your acknowledgment of order and the credit/debit card used to make the order, otherwise, You will not be entitled to collect Your Admission.

3.3 Admission Refunds

Except where We offer an applicable exchange or resale or refund facility, once You have purchased an Admission You will not be entitled to exchange or to obtain a refund for that Admission other than as described in this section.

3.3.1 Cancellation on Our behalf

3.3.1.1 If an Event is canceled on Our behalf, or rescheduled or where there is a material change to the program of an event, You shall be entitled to a refund subject to the regulations below.

3.3.1.2 A “material change” is a change that renders the Event materially different from what a reasonable person, taken generally, could expect. For the avoidance of doubt, but without limitation, the replacement of a scheduled speaker, particularly at an event with a set of multiple speakers, or other alterations to the program was reasonably necessary, provided the overall character of the event is preserved, shall not be deemed a material change.

3.3.1.3 Where We become aware that an event will be canceled or re-scheduled, We will use Our reasonable endeavors to notify You using the details You provided to Us.

3.3.2 Cancellation on Your behalf

3.3.2.1 Cancellation on Your behalf is allowed at no charge up to thirty days before the commencement of the Event (a receipt of Your cancellation notice by Us). In this case, You will receive a full refund. Should We receive notification of Your cancellation between 30 and 14 days before commencement of the Event, half the Admission price will be refunded. Should We receive notification of Your cancellation thirteen days or less before the commencement of the Event, or should We receive no notification of cancellation at all and You do not attend the event, 20 % of the Admission price will be refunded. If You have not paid yet, the Admission price shall be reduced according to the refund You would be eligible to.

3.3.2.2 In any event, the You shall be entitled to demonstrate that a lesser or no damage at all was caused by the Your cancellation or non-attendance, in which case only the lesser or no amount is due and You will receive a higher or even a full refund accordingly.

3.3.2.3 Also, We shall accept a replacement participant provided by You free of additional charge to the day of the commencement of the Event. Once a personal badge was handed out, We shall no longer accept replacement participants.

3.3.3 Claiming a Refund

If You wish to claim a refund in any of the circumstances described above, You shall notify Us no later than one month after the last day of the Event. Refunds will only be made to the person or legal entity who originally purchased the Admission(s) and, wherever possible, will be made using the same payment method as was used to purchase the Admission(s) except, at Our discretion, where the payment was made in cash.

4. KC+ subscription

4.1 A KC+ subscription entitles You to access, read, watch, listen to and/or download copies of certain Materials from our websites and/or mobile app, which are part of Your subscription program. During Your KC+ subscription, You are granted a right to use these Materials according to Section 5 of these General Terms and Conditions. You may not access or collect Materials using automated means (without Our prior permission) or attempt to access Materials You do not have permission to access.

4.2 Your KC+ subscription is valid for a limited period of time depending on the subscription type You ordered. It ends automatically at its expiry date. Unless otherwise agreed upon, the term of Your KC+ subscription shall be one year.

4.3 The right of either party to cancel a KC+ subscription for an important reason remains unaffected.

5. Rights to Materials

Whether You purchased certain Materials from Us from time to time or were provided with Materials within the scope of Your KC+ subscription, We shall remain the exclusive owners of any Materials, proprietary information and all patent, copyright, trade secret, trademark, and other intellectual property rights therein. No license or conveyance of any such rights to You is granted or implied under these General Terms and Conditions, except for a non-exclusive, non-transferable right to use such Materials for Your personal needs or Your internal business purposes respectively. If You purchased a Material (one-time-purchase), this right to use shall be unlimited in time (perpetual license). If You accessed or obtained a Material as part of Your KC+ subscription, this right to use shall be limited in time for the duration of Your subscription (time-limited license). You shall not change nor amend the Materials, even in part, nor shall You copy them, transfer them or hand them over to third parties, nor make them publicly available (including without limitation via the internet or other networks), whether in return for payment, for rent, or free of charge. For the avoidance of doubt, this right to use shall not include copying, transferring, granting access or handing over to Your affiliates.

6. Prices, Invoicing

6.1 All prices are subject to Value Added Tax (VAT) as applicable by the law.

6.2 The purchase price for an Event, a Material (one-time-purchase) or a KC+ subscription shall be paid in advance within the ordering process. If You are allowed to pay after the ordering process, the purchase price shall be paid within two weeks from receipt of the invoice.

6.3 You may only offset uncontested or legally binding claims, and exercise a right of retention only on the basis of uncontested or legally binding claims.

7. Registration

7.1 When You register to Our websites, mobile app or other online services, You shall

  • use the same name that You use in everyday life.
  • provide accurate information about Yourself.
  • create only one account (Your own).
  • not share Your password, give access to Your account to others, or transfer Your account to anyone else (without Our permission).

7.2 You are eligible to register if You are an Entrepreneur only. You are not eligible to register, if We've previously suspended or terminated Your account for breaches of Our terms or policies or if You are prohibited from receiving Our products or services under applicable laws.

8. Limitation of Liability

8.1 We shall be liable without restriction for damage caused by injury to life, body or health culpably caused by Us. We shall also be liable without restriction in the event of grossly negligent or intentional breach of duty, and in as much as We maliciously failed to disclose the defect, and to the extent of the liability under the German Product Liability Act. In as much as We have assumed a guarantee for the quality or durability of the object, We shall also be liable without restriction, but only to the extent covered by the guarantee.

8.2 The following shall apply for other damage: in the event of damage caused through slight negligence, We shall only be liable if it breaches a material contractual obligation, and only to the extent of the typical contractual damage foreseeable upon conclusion of the contract. Material contractual obligations are obligations resulting from the nature of the contract, and the breaching of which would endanger the fulfillment of the contractual purpose, and obligations, the fulfillment of which makes it possible to properly execute the contract and which You can normally trust to be upheld.

8.3 Any and all claims for damages other than mentioned in Section 8.1 of these General Terms and Conditions shall become time-barred after one year starting with the end of the calendar year, in which Your claim has arisen and You become aware of the circumstances giving rise to the claim and of the debtor's person or should have become aware of them without gross negligence.

8.4 Each breach of obligation of Our authorized representatives or vicarious agents is to be treated in the same way as a breach of obligation by Us.

8.5 The objection of contributory culpability (e.g. breach of the other party’s obligations) remains unaffected.

9. Changes to these Terms and Conditions

9.1 We shall inform You, on a durable medium, for example via e-mail, of any proposed changes to Our General Terms and Conditions.

9.2 The proposed changes may only be implemented after a reasonable and proportionate period, having regard to the nature and scope of the proposed changes and their consequences for You. This period shall not be less than one month from the date on which We have informed You of the proposed changes. We shall allow longer periods where this is necessary to allow You to make the technical or commercial adaptations required by the change.

9.3 In the event of proposed changes to these Terms and Conditions You shall have the right to terminate the contract with Us before the expiry of the period. Such termination shall take effect within 15 days of receipt of the notification referred to in the first subparagraph unless a shorter period applies to the contract.

9.4 If You do not terminate the contract with Us according to the third subparagraph, the proposed General Terms and Conditions come into effect at the date determined by Us, but never before the expiry of the period referred to in the second subparagraph. These General Terms and Conditions shall apply to any future orders executed by You after this date and shall not affect existing orders executed before.

10. Choice of law and court of jurisdiction

10.1 German law is solely applicable to all agreements and all contractual and non-contractual obligations associated with the agreements hereunder, to the exclusion of the rules on the conflict of laws and to the exclusion of the of UN sales law (CISG).

10.2 The sole legal venue for all disputes shall be Wiesbaden, Germany. We have the right, however, to file legal suit at Your venue in divergence from this regulation.

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