brainGuide AG fosters the highly qualified transfer of knowledge and creates more transparency in the consulting markets relevant to business. It is the goal of brainGuide AG to provide an efficient platform on which those who seek knowledge and consultation can quickly find expert knowledge and consulting know-how and use it efficiently.
For every term of specialisation not only experts and their professional environments are presented, but also publications, contributions to events or lectures about this term of specialisation are made accessible. In the brainGuide media you can find the expert knowledge of highly qualified providers of knowledge in the theory and practice of business in the eight categories management, IT, law, tax, finance / capital, economy, branches, and countries.
The following terms and conditions apply:
A. Gerneral terms and conditions
§ 1 Scope of application
1.1. Parts A, B and D of the general terms and conditions are applicable to the presentation of experts and providers on the internet pages of brainGuide AG for the purpose of dissemination.
1.2. Parts A, C and D of the general terms and conditions are applicable to the publication of content, events, and publications on the internet pages of brainGuide AG for the purpose of dissemination.
1.3. For contracts that are concluded in view of the services referred to in 1.1 and 1.2 exclusively our general terms and conditions are applicable. If the client's general terms and conditions are conflicting with or different to our general terms and conditions they shall not become part of the contract, unless their validity is explicitly agreed to by brainGuide AG in writing.
§ 2 Conclusion of contract
2.1. The presentation of experts and providers as well as the publication of content, events, and publications shall be partially nongratuitous. The service's nongratuitousness and the currently valid prices shall be taken from the admission and subscription form, which is forwarded for the purpose of the conclusion of contract.
2.2. The contract is concluded if - a written confirmation from brainGuide AG is effected or the desired content is uploaded and
- the subscription is not revoked by the client in writing within 14 days. Decisive is the receipt of the written revocation counted from the day of the order placement.
2.3. The forwarding of an e-mail or a fax are also considered written form.
2.4. If the cancellation of a subscription is effected later than 14 days (2.2. of the general terms and conditions) an expense reimbursement that amounts to 50% of the order value shall be charged.
§ 3 Right of repudiation
3.1. brainGuide AG retains its right to repudiate irrelevant entries or presentations as well as those that do not confirm to the qualification criteria. The repudiation can be effected especially on the basis of their content, origin, or technical form according to consistent, objectively justifiable principles. This is applicable in particular if the content violates statutory or regulatory provisions or public rights or if the publication is unacceptable to brainGuide AG for other reasons.
3.2. brainGuide AG is within its right to withdraw content from its offer without a previous letter of warning to the client. The client shall be informed about such a measure immediately. This does not result in a refund claim of the client.
§ 4 Start and duration of the publication
4.1. brainGuide AG shall announce to its client a period of time within which the posting is to be effected. brainGuide AG shall strive to effect the posting within the named period of time. The client is responsible for the complete forwarding of perfect, appropriate material for the publication. In case of delays caused by the content of the material provided by the client for publication, whether due to content or technical, are outside the control of brainGuide and extend the named period of time.
4.2. The publication's duration (duration) is normally at least a year in the expert and knowledge portal brainGuide starting with the posting. After a year, the posting's duration is extended automatically by another year. If the extension of the duration is not desired, the client shall communicate this in writing to brainGuideAG by the end of the respective term of duration.
4.3. There shall be no liability claim against brainGuide AG on the basis of the fact, that the posting is effected after period of time named above.
§ 5 Place of the publication
5.1. The content shall be posted on the internet site of brainGuide AG.
5.2. Furthermore, brainGuide AG is in its right, not responsible, to disseminate the content elsewhere. It is also in its right, not responsible, to also publish the content in any print medium chosen by brainGuide AG or have it published by a third party. In these cases the general terms and conditions are also applicable. These are additional and voluntary services of brainGuide AG not causing additional costs to the client.
§ 6 Changes of the text
6.1. During the term of publication, brainGuide AG is obligated to change the content disseminated by it if requested by the client and if reasonable both technically where content is concerned. Excluded are all changes that affect the identity of the published content in a way that in the case of the change it is not the original content, but a new content that is disseminated.
6.2. Changes that can be effected with little time and effort by brianGuide AG shall be performed free of charge. Otherwise, brainGuide AG shall communicate this to the client and only effect the changes of the published content against payment of the costs related to time and effort after receiving a confirmation in writing or via e-mail from the client.
6.3. brainGuide AG is furthermore in its right to change entries for reasons concerning researchability and the search logic.
§ 7 Liability disclaimer
7.1. brainGuide AG provides the best possible presentation of the content considering the current technological standard. However, it is known to the client that according to the state of technology it is not possible to create a program completely free of errors.
7.2. An error is particularly not considered to be in the presentation of content if it is caused - by using a inappropriate presentation software and/or hardware (e.g. browser) or
- by a disturbance of communication networks of other providers or
- by a computer failure of an internet access provider or of an online service provider or
- by incomplete and/ or updated supply on proxy servers of commercial and non-commercial providers and online services or
- by failure of the web server not longer than 24 hours (in continuation or added) within 30 days after start of the contractual agreed upon posting.
7.3. However, in the cases described in paragraph 2 the client is entitled to a prolongation of the posting of the content with the same duration as the failure.
7.4. Claims for damages resulting from delays, impossibility of performance, positive violation of contractual duty, culpa in contrahendo, and claims based on tort shall be excluded, if the damage is not caused by wilful or grossly negligent acts. Also excluded shall be claims for damage caused by erroneous content of the sold publications, if it is permitted by statue. The limitation of liability is applicable to the same extent to vicarious agents.
§ 8 Notifications of defects
8.1. A notification of defect has to be communicated in writing within 14 days after being informed.
8.2. In the case of mutual commercial transactions the client has to check the content immediately after its first posting and immediately file any defects. The time limit for claim for such commercial transactions starts in the case of apparent defects with the posting of the content, in the case of hidden defects with their discovery. If the client fails to file the defect the content is considered approved free of defects.
§ 9 Data protection
In accordance with the German Federal Data Protection Act, the client is informed that brainGuide AG stores the provided data of clients in a machine readable form to process it by machine and publish it as the tasks of the respective contractual relationship may require.
§ 10 Invoice, payment
The invoice shall be made out immediately after the publication of the posting in the knowledge portal brainGuide. The amount of invoice is payable without deduction within 14 days after invoicing.
§ 11 No legal or fiscal advice
The provided content is meant for general presentation only and therefore does not constitute any assistance in fiscal matters, nor legal matters, or any other professional or commercial relations. Particularly, no concrete fiscal or legal subject matters are discussed on request neither nongratuitous nor gratuitous. Further, no fiscal recommendations or advice in fiscal cases is given here. This internet offer serves as a general communication and information platform and therefore does not stand in competition with persons or associations that are entitled to the unlimited or limited assistance in fiscal or legal matters. brainGuide AG is not liable for damages caused by incorrect postings.
§ 12 Posting of nongratuitous contributions and publications
If nongratuitous content is posted on the expert and knowledge portal, brainGuide may make use of the services of an external collection company (micropayment provider) for its order processing. The statement of account of nongratuitous content is effected according to the current scale of fees. The above named limitations of liability are also applicable to nongratuitous content as well as the mentioned indemnities against the damage of third parties.
B. Presentation of experts and providers
§ 13 Content of the presentation of experts and providers
13.1. The client is solely responsible for the content of provided texts and images, in particular for its correctness and permissibility by statue. brainGuide AG is not obligated to inspect the material for the detriment of the rights of third parties.
13.2. The client is obligated to free brainGuide AG from claims of third parties that may arise against brainGuide AG from the execution of the order.
13.3. The client confirms expressly to brainGuide AG that any documents, contributions, publications, texts, images, pictures, or any other material provided for the execution of the order are free of third party’s rights and do not offend against prevailing law.
C. Publication orders of content, events, publications
§ 14 Posting of the publications of content, events, and publications
14.1. The client is solely responsible for the content of the texts and images provided for the publication of the contents, in particular for its correctness and its permissibility by statue. brainGuide AG is not obligated to inspect the publications for the detriment of third party’s rights. The client is obligated to free brainGuide AG of third party’s claims that may arise against it from the execution of the publication order. The client confirms expressly to brainGuide AG that any documents, contributions, publications, texts, images, pictures, or any other materials provided for the execution of the order are free of third party’s rights and do not offend against prevailing law.
14.2. If protected trade marks are used for the publication of the posting, the permission of its use shall hereby be granted. The client guarantees that he is entiteld to grant the permission.
§ 15 Copyright
15.1. All contents of brainGuide media are protected by copyright. This prohibits in particular complete or partial public communication, and commercial use of the contents. The right of reproduction, distribution, and exhibition is reserved to brainGuide AG.
15.2. Anyone who provides brainGuide AG with a contribution to be published within the framework of brainGuide media is aware of the fact that brainGuide AG makes use of published contributions within the expert's and knowledge portal of brainGuide. For this purpose, he implicitly grants brainGuide AG a non-exclusive licence for an indefinite period of time for the use within the internet offer "brainGuide" and assures that he is holder of all rights required of the contributions that are posted or given to brainGuide AG, or that he was granted the necessary rights by the owner.
D. Concluding provisions
§ 16 Modification of the general terms and conditions
brainGuide AG reserves the right to modify the general terms and conditions. All service providers and registered users shall be informed in time of the planned modifications. Eventual modifications can be opposed within four weeks after delivery of the note about their existence. If no opinion is expressed within this period this shall be taken as agreement.
§ 17 Written form
All agreements, individual and special licences that are not covered by these general terms and conditions require being in writing.
§ 18 Salvatory Clause
Should one or more provisions in these terms and conditions become be ineffective or loose their legal effectiveness due to later circumstances or should a gap be discovered, the validity of the remaining conditions is retained. In place of the invalid provision or to close the gap an appropriate regulation shall be valid that should be as close as possible to that which the parties would have agreed upon if the point had come to their attention.
§ 19 Place of performance, jurisdiction, applicable law
Place of performance and jurisdiction is Munich. Adjective and substantive law of the Federal Republic of Germany applies.
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