General Terms of Service

 

General Terms of Service of Up2Europe
concerning the use of the platform Up2Europe.

Stand: 11.20.2015

Preamble

Welcome to Up2Europe!

Up2Europe is an online platform for bringing together Experts in Funds and People who are looking for Funds operated by Up2Europe, 7 Rue Augustin Fabre 13006 Marseille Up2Europe. Users can post ideas, find other Partners, find other consultants and build a partnership together for participating in calls for tenders and proposals.

Up2Europe reserves the right to modify, to amend or to redraft the existing General Terms and Conditions ("GTC") at any time and without giving reasons. Users will be informed about modifications, amendments or redrafts of this GTC in reasonable time via e-mail (hereinafter referred to as „Notice of Change“). Should the user not object within two weeks of receiving the notice of change, the modified GTC are considered approved. The user will be reminded of this in the Notice of Change.

Contents

  1. User contract
  2. Account and user profile
  3. Use of the online platform – in general
  4. Granting of rights
  5. Warranty and liability
  6. Final provisions

§ 1 User contract

 

  • 1.1 Object of the contract

    Object of this contract is the access to the online platform Up2Europe ("online platform") for the purposes as described in the preamble of the GTC, on which the users may present themselves and contact other users. Up2Europe creates, services and maintains the online platform, however does not itself act as an intermediary between the users. Services / applications of third parties, with whom a separate contractual relationship exists and which are not the object of this contract.

  • 1.2 Eligible users

    Clients in the sense of the preamble can exclusively be natural persons who are 18 years of age and are fully legally competent.

    If a natural person is not acting on his own behalf, he affirms to Up2Europe that he has been authorized or delegated to perform the particular action.

    Solely contractors, i.e. natural or legal persons or partnerships which have legal capacity, who are acting within the scope of their commercial or independent professional capacity when concluding a legal transaction, are considered to be contractors, and are eligible to conclude contracts with Up2Europe.

  • 1.3 Conclusion of contract

    The contract with Up2Europe for the use of the online platform is concluded with the completion of the online registration process . With his registration, the user attests that he is an eligible user as stipulated in § 1.2 of these GTC. Furthermore the user is obliged to make a truthful and complete declaration of the information requested for registration.

    The user is required to provide a current e-mail address at all times, which also serves as the line of communication between the user and Up2Europe.

    In case of a modification of the recorded data subsequent to the registration, the user is required to update his account without delay.

    Following a successful registration, Up2Europe will provide the user with an account.

 

§ 2 Account and user profile

 

  • 2.1 Account and user profile

    Upon a successful registration the user is provided with an account, within which he can create his own profile.

    Each user is limited to maximum of. one account, resp. with one user profile as client, and one account, with one user profile as service provider.

    The account, resp. the user profile is protected by a user name and a password (hereinafter referred to as „login information“) which are determined during the registration process. The user must ensure that his login information is not accessible to third parties. In case of loss of the login information, or in case of suspicion that a third party has knowledge of the information or is making use of the user´s account, the user is obliged to inform Up2Europe about this immediately and to change his login information.

  • 2.2 Account and user profile information and updating

    The user ensures that the information provided during the creation of the account, resp. the user profile, is accurate and complete. The user is obliged to keep his account and profile up to date, and to promptly ensure that any changes are reflected in his account and profile.

  • 2.3 Binding user account and profile

    The account, with regards to the user profile is bound to the user and cannot be transferred to a third party without the explicit approval of Up2Europe.

  • 2.4 Data protection

    The user is obliged to back up all data (i.e. profile data, project descriptions, bids etc.) which he uses in connection with Up2Europe on a daily basis, to the necessary extent.

 

§ 3 Use of the online platform – in general

 

  • 3.1 General obligation to comply with legal requirements

    Users can utilize various services when using the online-platform. This includes, for example, sending messages to other users and posting their own contents, especially contents concerning ideas (i.e. pictures). The user undertakes to comply with these GTC and applicable law, especially criminal law, competition law, trademark law, copyright law, personal rights, data protection law and laws concerning the protection of young persons, and not to violate the rights of any third party when using this platform.

    This also signifies in particular that the user may not send messages with advertising content (especially spam-messages) without the consent of the recipient. In the event that the contents posted by the user contains hyperlinks to pages of third parties, the user shall ensure that he has the authorization to use the hyperlinks and that the website to which the link is established complies with applicable laws and the right of third parties in the context of clause 3.

  • 3.2 Interdiction of fake offers and bids

    Up2Europe is dependent on the fact that solely genuine bids and offers are posted. Therefore it is prohibited for users to post offers or bids whose fulfillment has never been intended as supposed clients or supposed contractors.

  • 3.3 Recommendation function

    If the user informs third parties about Up2Europe’s existence via the recommendation function available on the online platform, the user shall ensure that the third party has consented to the receipt of the information.

  • 3.4 Assessment function

    Up2Europe provides an assessment system on the online platform via which users can express their opinion about other users with whom they have carried out a project. Users are obliged to issue a truthful assessment, expressed in a balanced and objective manner. Up2Europe has the right, but is not obliged, to delete assessment entries. A general survey of the assessments is not made.

  • 3.5 Blocking and deleting contents

    Up2Europe is authorized to block the access to or delete certain content at any given time. This is particularly applicable in case of suspected violation of the GTC, applicable laws or rights of third parties, or if projects are completely finalized.

  • 3.6 Prohibition of technical interference

    The user must abstain from all actions which are designed to manipulate, impair and / or excessively strain the operation of the online platform or the underlying technical infrastructure and its functions / access possibilities. In particular these include:

    • the use of software, viruses, robots, scripts or databases in connection with the use of the online platform;

    • blocking, overwriting, modifying, copying of data and / or other contents, insofar as that it is not necessary for the correct use of the online platform.

  • 3.7 Access to the website

    Up2Europe declines any responsibility in case of delay, mistake or omission relating to the contents of this website, as well as in case of interruption or non-availability of the services.

  • 3.8 Communication

    The current contact information for Up2Europe is available on the platform. The information provided in the profile is considered as contact information of the user. Any declaration transmitted to these contact details per fax or e-mail is considered received upon sending, via post three days after sending, unless a later reception can be proved.

    The user acknowledges the effectiveness of declarations sent via e-mail between himself and Up2Europe, or himself and other users as being absolutely effective declarations of intent. Unless evidence to the contrary is produced, a received e-mail is considered to be from the person whom the address belongs to.

 

§ 4 Granting of Rights

 

  • 4.1 Granting of rights

    The user grants Up2Europe a non-exclusive right of use without restrictions of time and space of posted contents. Up2Europe is entitled at any given time to use and exploit the contents entirely or in parts within the scope of the fulfillment of the service contract. Up2Europe is particularly entitled to represent and publish the contents posted by the user on the online platform. Furthermore, this includes the right of reproduction, the right of distribution, the right of communication to the public and the right to make publicly available.

  • 4.2 Guarantee of proprietorship

    The user guarantees that he is the proprietor of all rights necessary for posting contents on the online-platform, and that he is fully entitled to effectively grant Up2Europe the rights as named in § 4.1. The user guarantees furthermore that the contents are unencumbered by third party rights, which could exclude the granting of rights and their use as covered by the contract. The user guarantees that the use of the contents according to contract does not violate any rights, especially personal rights of third parties, in particular that any represented persons agree with the contractual use of the contents.

  • 4.3 Exemption from third party claims

    On Up2Europe´s first demand, the user shall release Up2Europe from all third-party claims, in particular claims concerning violations of copyrights, competition law, brand infringement, data protection breach and violation of personality which may be raised by the user in connection with the use of the online platform. The user must inform Up2Europe immediately of third party claims in connection with the use of the online platform that he may become aware of. Up2Europe is entitled to take such measures as seem appropriate for the defense against third party claims or for the pursuit of their rights. The user must agree with Up2Europe concerning his own measures in advance. The exemption also includes the compensation of reasonable costs which have incurred due to the pursuit of rights / defense of rights by Up2Europe.

  • 4.4 Rights to the online platform

    All rights to the online platform (especially copyrights) reside with Up2Europe. The user is obliged to consider this, and undertakes not to use – privately or commercially – any parts of the platform or other contents whatsoever beyond the possibilities granted to himself within the context of the use of the online platform. This particularly means that the users will not use data and information achieved via the online platform beyond the communication in the context of an existing project or the payment of a completed project. It is especially prohibited to use such information for advertisement, unsolicited e-mails or other non-authorized purposes.

 

§ 5 Warranty and liability

 

  • 5.1 Availability

    It is Up2Europe´s endeavor to provide the failure free operation of the online platform and enable users to access the stored information. Naturally, this is limited to services which Up2Europe can influence. The user acknowledges that a complete and uninterrupted availability of Up2Europe is technically not feasible. Nevertheless Up2Europe endeavors to keep the platform available as continuously as possible. There can be no claim to availability. In particular Up2Europe remains free to restrict the access to the online platform completely or partially, temporarily or permanently due to maintenance, capacity restrictions, and due to events beyond Up2Europe´s control. Individual users do not have any claim on the upkeep of certain functions and services by Up2Europe.

§ 6 Final provisions

 

  • 6.1 Applicable time designation

    All times, periods of time and terms are stated in Central European Time, Central European Summer Time (CET / GMT+1 respectively CEST / GMT+2).

  • 6.2 Applicable law and court of jurisdiction

    The laws of the Republic of France, shall apply. If the user is a merchant, the competent court for all disputes arising from or in relation with this contract is, irrespective of the legal grounds, the company headquarters of Up2Europe at the time of the contract conclusion.