Terms and Conditions for the Use of Global Success Club

"Global Success Club" refers to the service provided by the Global Success GmbH.

The Global Success Club is a web platform that connects innovative and international companies and related organizations. Users of this web platform are the executives of the companies and organizations. Focusing on internationalization, the Global Success Club would like to establish a network between innovative companies of all industries, countries, and regions around the world. Through collaboration with other organizations (e.g., Chambers, Associations) that are committed to fostering the international growth and innovation potential of these companies, structured information as well as these organizations' services are packaged and made available via the Club's platform.

Preamble

By registering as a user of the web platform Global Success Club, you agree to the general terms and conditions of business (hereinafter referred to as "GTCB") regarding the use of Global Success Club.

The Global Success GmbH operates the services of Global Success Club under the top level domain globalsuccess-club.net.

These GTCB govern the contractual relationship between the member, the user (executives of member companies), and the Global Success GmbH.

The contract on the use of the web platform is concluded between the member and the Global Success GmbH, Goethestraße 2, 60313 Frankfurt. All other relevant data, such as commercial register data and name of the authorized representative, can be found in the imprint.

In addition to innovative companies, the services provided by Global Success Club are also aimed at all organizational and institutional players and service-providers that are committed to innovation and foreign trade and can support innovative medium-sized companies with their products and services.

These GTCB may at any time, even after the conclusion of the contract, be viewed, saved, downloaded, or printed via the link "Terms and Conditions" on the website.

1. Subject

The Global Success Club (hereinafter referred to as "GSC") is an exclusive B2B network whose mission is to support innovative companies in their international sustainable growth by connecting them together in a worldwide network. To this end, the Global Success GmbH provides its web platform GSC to the executives of these companies. The platform also includes all other players supporting foreign trade and innovation.

The Global Success Club is split into an interactive Community and another separate Community (Inner Circle) that exists within the larger Community. Profile pages allow for crosslinking of the members. Interactive features, such as forums, blogs, and wiki form the basis for the exchange of experience and knowledge among members. The Inner Circle offers a private and undisturbed interactive surface to both global players and medium-sized companies. The Inner Circle as well as the large Community offer users a feature for advanced search, which filters the content for according to required know-how and experience.

1.1.
Written permission of Global Success GmbH is required for any use of the services and content offered on the GSC web platform. The only exception to this are those possibilities explicitly named by GSC.

1.2.
As long as the data and/or information provided by the members do not violate legal regulations and these GTCB, they are provided to other users by GSC. GSC reserves the right to remove any illegal data and information from the GSC web platform without prior notice.

1.3.
Complete, 100% accessibility of the GSC web platform is technically not feasible, a fact that the member acknowledges. However, the Global Success GmbH endeavors at all times to provide permanent and constant accessibility. Short-term disruptions or the temporary cessation of GSC web platform may be due to maintenance, security, or capacity issues, or due to events that lie beyond the control of the Global Success GmbH. These can include disruptions in public communication networks or power failures.

1.4.
The Global Success GmbH provides a platform that unites all its members. For this purpose, the Global Success GmbH provides technical applications that generally allow the members to contact each other. If members conclude contracts via the GSC web platform, the Global Success GmbH is at no time involved in the contract nor is it one of the parties. The execution and fulfilment of such contracts is up to the involved members only. In case no contact can be established between the parties apart from the contract concluded on the GSC platform or in case of a breach of duty, the Global Success GmbH assumes no liability.

1.5.
In contracts between partners and members the Global Success GmbH acts as an agent only.

(Special) offers made by partners, which are available exclusively for members of the GSC, are subject to the respective Terms and Conditions and privacy policies of the partner companies. These partner companies are also the contractual and contact partners for members and responsible for the booking process.

2. Registration, Warranty upon Registration

2.1.
Members have to be registered prior to using the GSC web platform. Membership for individuals is not possible. GSC is a B2B network and only the users of the member companies or organizations are entitled to use the GSC services.

2.2.
Upon meeting all criteria for a membership, the member will be registered. The potential member must provide information on the company or organization in question in order for GSC to verify if the membership criteria have been met. An entitlement to registration or to the continuation of a registration does not exist.

Community members are organizations, associations, Consular Corps, scientific and political institutions as well as selected service companies that have a special commitment to innovation and/or foreign trade.

Becoming a member of the GSC Inner Circle is possible exclusively for innovative and international companies.

The GSC differentiates between members and users. Members are the companies whose executives participate as users with their respective profiles within the GSC web platform. The number of users can be determined individually by the member depending on the membership type.

2.3.
The user is obliged to provide a complete and accurate specification of his/her data when registering. If the data is subject to change, the user is obliged to inform GSC immediately. The use of pseudonyms or pen names is prohibited.

2.4.
If all membership criteria are met, the company/organization or their representative to be registered will receive their login data from GSC. Users are advised to change the automatically generated password when creating their profile. The user is obliged to keep this password secret. GSC will not disclose the password to any third party or ask the user for it at any time.

2.5.
Upon the completion of the registration process, the user makes an offer to conclude a contract on the use of the services of the GSC web platform on behalf of his or her company. The activation and transmission of the login data implies the acceptance of this offer on behalf of Global Success GmbH so that the user may now use the GSC web platform. The contract between the Global Success GmbH and the member company is deemed concluded upon the acceptance of the offer by the Global Success GmbH.

2.6.
Every company can be registered as a member only once. The number of user accounts for the members' executives may be increased through the ordering of additional accounts.

2.7.
It is technically impossible for the GSC to guarantee that the user really is the person he or she pretends to be. Global Success GmbH cannot be held liable for any divergence from the true identity of the user. It is therefore the responsibility of each user to independently verify the actual identity of other users.

3. Obligations of the User / Prohibited Content

3.1.
The user agrees to make truthful and non-misleading statements in his profile and in communications with other users and to refrain from using pseudonyms or pen names.

3.2.
The user agrees to comply with all applicable laws and rights of third parties when using the content and services on the GSC web platform. In particular, it is prohibited for the user

  • to use insulting or defamatory content, regardless of whether this content concerns other members, users, employees of Global Success GmbH, or external parties or companies.

  • to use, advertise, offer, or distribute pornographic content, content that glorifies violence, or content that violates the laws for the protection of Children and Youth.

  • to unreasonably bother other users, particularly with spam (cf. §7 law against the unfair competition UWG).

  • to use content that is legally protected (e.g. copyright, trademark protection, patent protection, registered designs and utility models) without being authorized to do so, or to advertise, offer, or distribute legally protected goods or services.

  • to undertake or encourage unfavorable competitive negotiations including progressive customer canvassing (such as chain, snowball or pyramid systems).

3.3.
The user further agrees to refrain from undertaking the following harassing acts, even if these concrete actions should not violate laws:

  • sending chain letters

  • performing, advertising and promoting structural distribution measures, such as multi-level marketing or multi-level network marketing

  • offensive or sexually characterized communication (explicit or implicit)

3.4.
The user is prohibited from undertaking the following actions:

  • the use of mechanisms, software or scripts in connection with the use of the GSC web platform, unless these are interfaces or software provided to the user as part of the services offered by the Global Success GmbH on the web platform.

  • blocking, overwriting, modifying, and copying insofar as it is not required for the use of the services of the GSC web platform. For example, copying with "Robot/Crawler" search engine technologies is not required for the orderly use of the GSC web platform and therefore prohibited.

  • the dissemination and public reproduction of contents of the GSC web platform or other users.

  • any action that impacts or unduly burdens the functionality of the GSC infrastructure.

4. Changes to the Services on the GSC Web Platform

Taking into account the users' interests, the Global Success GmbH reserves the right to change the services offered on the GSC web platform or to offer different services.

5. Duration, Termination of the Contract

5.1.
Membership can be cancelled with at least three months' written notice prior to the end of the contract. This notice must be sent to the address given in the imprint. The contract duration is one year and will be extended by another year in case no written notice of termination is issued prior to the expiration of the notice period. The Global Success GmbH reserves the right to terminate the contract beyond this window in the event of a good cause.

5.2.
A good cause is defined as an event which makes it unacceptable for the Global Success Club to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of GSC against the user's.

A good cause includes any the following events:

  • non-compliance with statutory regulations on behalf of the user.

  • breach of the contractual obligations on behalf of the user, in particular an obligation set forth in sections 2 and 3 of these GTCB.

  • impairment of the reputation of the services offered on the GSC web platform by the online-presence of the user.

  • promotion of associations or communities - or any of their methods and activities - that are under surveillance by authorities responsible for public safety or the protection of minors.

  • harm of one or more other users.

5.3.
In the event of a good cause in accordance with section 5.2. and notwithstanding section 5.1, the Global Success GmbH is entitled to take the following measures:

  • deletion of the content placed by the user;

  • issuance of a warning, or

  • blocking access to the services of the GSC web platform.

6. Responsibility for Content, Data and / or User Information

6.1.
The Global Success GmbH assumes no responsibility or liability for any content, data, and information placed on the GSC web platform by the users or for content of linked external websites. In particular, the Global Success GmbH does not guarantee that this information is true, fulfils a particular purpose or serves such a purpose.

6.2.
If a user notices activities of any other user that violate applicable laws or these GTCB, he or she can report this via the contact form accessible on every GSC page. contact form  available from every GSC page.

7. Customer Service / Support

The user can relay any questions and remarks with regard to the services of Global Success GmbH via the contact form, by fax, or by mail.

8. Liability of Global Success GmbH

Claims for compensation – regardless of the legal grounds -- against the Global Success GmbH (including its agents) and based on ordinary negligence can only exist when the Global Success GmbH breaches a basic or cardinal obligation. A cardinal obligation is an obligation to which the user could trust the Global Success GmbH would adhere and whose fulfillment is essential to the proper execution of the contract.

In this event, the liability is limited to typical and foreseeable damages.

These restrictions do not apply if the damages are covered by the liability insurance of Global Success GmbH and the insurer does not refuse to pay the due insurance. The Global Success GmbH agrees to uphold the coverage of this insurance, whose extent can be communicated in case of legitimate interest, as stated at the time of the contract's conclusion.

Claims for injury of life or health, or property damage in accordance with the Product Liability Act shall remain unaffected. The aforementioned exclusions of liability and limitations do not apply in the event of explicit guarantees by Global Success GmbH as well as claims for lack of assured characteristics.

9. Indemnity

9.1
The user shall indemnify the Global Success GmbH from all claims, including claims for compensation, asserted by other users or third parties against the Global Success GmbH resulting from an infringement of their rights by the contents placed by the user on the GSC web platform. The user shall further indemnify the Global Success GmbH from all claims, including claims for compensation, asserted by other users or third parties against the Global Success GmbH resulting from an infringement of their rights by using the services offered on the GSC website. The user assumes all reasonable costs of the Global Success GmbH that arise from an infringement of third party rights, including all reasonable legal defense costs. All other rights as well as claims for compensation by the Global Success GmbH remain unaffected. The user has the right to prove that the Global Success Club actually incurred lower costs.

The aforementioned obligations of the user shall not apply to the extent the user is not responsible for the infringement.

9.2
If the contents placed on the GSC web platform by any of the users are infringements of the rights of third parties, the user has to provide the Global Success GmbH with the legal rights to use these contents or alter it so as to not infringe copyright at his or her own expense and at Global Success GmbH's discretion. In case of an infringement of the rights of third parties resulting from the use of the services of GSC website, the user will immediately stop all activities violating the contract and/or applicable laws upon request of the Global Success GmbH.

10. Data Protection

The Global Success GmbH is at all times aware of the value of the personal data transmitted to the GSC by the user. Therefore, the Global Success GmbH complies with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). The Global Success GmbH will not provide or otherwise disclose any personal data of the user to any third party without authorization. Details concerning the processing of data on behalf of the Global Success GmbH are outlined in the Privacy Policy of the Global Success GmbH. This Privacy Policy is accessible via the GSC web platform.

11. Final Provisions

11.1.
The Global Success GmbH reserves the right to amend its GTCB at any time and without giving reasons, taking into account the reasonableness for the user. The user will be given due notice of any change in the GTCB. If the user does not object to these changes within six (6) weeks from the day of the notification, the amended GTCB shall be deemed accepted by the user. The user will be informed of his or her right to object and the importance of the objection in the notification of the amended GTCB by the Global Success GmbH.

11.2.
Unless otherwise agreed, the user may submit all notices to Global Success Club by email using the contact form available on the Global Success Club website or submit them by fax or mail to Global Success GmbH. The Global Success GmbH may submit notices to the user by e-mail, fax, or mail to the addresses that the user has specified as the current contact data in his or her user account.

11.3
If any provision of these GTCB is or becomes invalid, the validity of the remaining provisions shall not be affected.

11.4
The place of execution is the headquarters of Global Success GmbH.

11.5
The place of jurisdiction for business people in terms of the German Commercial Code (HGB) is the headquarters of Global Success GmbH.

11.6
German law applies, excluding international private law and the UN Sales Convention provisions that have been incorporated in German law.