Terms and Conditions

General Terms and Conditions of Business of grieblmedia GmbH (in the following referred to as „GTC“), represented by its director Oliver Griebl, Dipl.Inf. (FH), Am Markt 2, 77855 Achern, Germany, Phone: +49 7841-26321, VAT-ID: DE252850240, for all services offered under the website http://www.beveragebusiness- network.com.

General Terms

1. Description

The Internetportal http://www.beverage-business- network.com (in the following referred to as “BeBuNet”) is a service of grieblmedia GmbH, Am Markt 2, 77855 Achern, Germany (in the following referred to as “grieblmedia”). The BeBuNet´s purpose is to simplify trade and communication between all participants in the beverage industry and offers the services as described in these GTC. All products and services of the BeBuNet are solely offered to professional users, which are either enterprises, legal entitie under public law, or public funds.

2. Range of Validity

2.1 These General Terms and Conditions describe the contractual relationship between grieblmedia and persons, which are using the BeBuNet – by accessing the offered services, products, data, information and content.

2.2 These general terms and conditions can be accessed anytime via the ULR https://www.beverage-business-network.com/pages/terms , can be saved on your local computer and can be printed out.

2.3 Dissentient or opposing terms and conditions of business of the User shall not be applicable; even in the case that grieblmedia does not explicitly disagree the dissentient terms and conditions, or in the case that certain provisions in the dissentient terms and conditions are not part of these general terms and conditions of business of grieblmedia.

2.4 If grieblmedia offers services for free (“freeof- charge functions”), grieblmedia shall have the right, to terminate such services in compliance with particular termination periods or to offer such services in the future only against consideration.

2.5 grieblmedia shall have the right to revise these terms and conditions upon prior notice of at least six weeks. In such a case, grieblmedia shall inform the User about the revised clauses and shall highlight all changes. If you do not agree with the revisions, you have the right to object within six weeks after receiving the notice from grieblmedia. If you do not object to these changes, the revisions shall be considered as accepted. grieblmedia will inform the User particularly about his right of objection, the meaning and legal consequences of his conduct in its notice. If the User objects against the changes, both parties shall have a right to terminate the agreement upon a six week termination period.

2.6 grieblmedia shall have the right to revise the prices, if the contract contains continuing obligations and if the changes are reasonable for the User, in consideration of grieblmedias interests. This condition shall particularly be met, if the changes in pricing shall not become effective before the end of the regular term of the contract, or if grieblmedia has a cogent reason for the change, i.e. because of the changes in the costs for hard- and software or for the internet connection. grieblmedia shall inform the User not later than six weeks before the changes shall become effective. If the pricechanging will lead to a price increase of more than 8%, the User shall have the right to terminate the contract with a termination period of four weeks after the User receives the notice of the change of prices.

3. These services are offered by BeBuNet

3.1 The BeBuNet offers solely a technical platform. This platform offers services and functions in the area of communication and networking between its Users (exchange of information), the presentation of the User or his products and the participation in tender procedures and “auctions” (either as “contractor” – the person that requires someone for work or service (“job”) or “bidder” – the person that wants to offer such work or service).

3.2 By using the tendering and “auction” platform, Users may enter into legally binding contracts, start non-binding inquiries or bid invitations or may obtain information. If a contract will be concluded by using the BeBuNet-portal, solely the involved Users (either as contractor or as bidder) shall be parties to such a contract.

3.3 The detailed specifications of all services which are either offered for free or against consideration can be found in the description of services.

4. These are not services offered by the BeBuNet

4.1 All content that may be accessible by the User after a login to the BeBuNet, like tender procedures, company-presentations or messages is not content offered by grieblmedia, but content offered by the respective users or third parties. Such content will not be verified or edited by grieblmedia. grieblmedia shall not be responsible for the accuracy, correctness and truth of User´s or third party content, the identity of Users, their creditworthiness, qualifications, reference or any other date – offered by Users or third parties.

4.2 grieblmedia has no influence to the content of third parties, or their tender procedures, bids or presentations. grieblmedia does not participate as party in tender procedures or “auctions”, and does not place any bids. grieblmedia shall not be responsible for the contracts that will be concluded by the Users of the platform.

4.3 grieblmedia has no influence to messages or files, that are exchanged by Users within the BeBuNet. Particularly grieblmedia shall not be responsible, that files that are offered by Users can be accessed by other Users or such files are free of viruses.

4.4 grieblmedia is neither party nor agent or middleman between the Users and/or third parties, but shall only provide the technical requirements and the technical functions of the BeBuNet.

4.5 grieblmedia does not offer data backups for the content offered at the BeBuNet. It shall be the Users obligation to sufficiently protect all the information he publishes within the BeBuNet- Portal from data-losses.

5. Conclusion of contract

5.1 Accessing the services and products of grieblmedia shall be only permissible, if the User is of full age (adult) and not limited in his legal capacity.

5.2 A contract regarding the free-of-charge functions of the internet-platform shall be concluded as follows: By clicking on the button “Register for FREE” on the BeBuNet starting page under http://www.beverage-business-network.com you will be led to step 1 on the three paged registration form. All mandatory fields are marked with a *. The entered data will be processed using an encrypted connection. In the first page the User shall enter the information regarding the “Company details”, in the second his “Personal details”. The registrations can be completed by clicking on the button “Go to Step 3”. The third page (“Final Check”) summarizes all data entered by the user. Up to this moment, the User can correct mistakes in the form anytime, or can cancel the registration process by closing the browser window.

A binding contractual offer by the User can be made by clicking on the button “register” after entering all necessary data. After the registration the User may correct his entered information anytime under the menu-section “Start / Account settings”, Your contact persons” or “Control Center / Your company”. Sending of the registration form is only possible, if the user opens these general terms and conditions and accepts them by clicking on the button “Yes, I accept the Terms and Conditions and the Privacy Statement of grieblmedia GmbH”.

The User will receive immediately after registration an automatic generated email that confirms the receipt of the registration. This confirmation email shall not be considered as acceptance of the Users contractual offer. The acceptance of the offer shall not be earlier concluded as the User will be given access to the internet-platform, i.e. that the Users login-name and password will be accepted and access to the platform will be granted. grieblmedia is free in its decision to accept the Users contractual offer or not.

5.3 A contract regarding the functions that are offered only for consideration (“premiumfunctions”), shall be concluded as follows: First, the User will have to register at BeBuNet (as described under section 5.2) and has to login. Then he can choose and get information about one of the options under the menu-section “Start / Membership / List available subscriptions”. This menu-option contains information regarding the costs and the terms of the different subscription models. With a click on the option, further details regarding the subscription models will be shown, i.e. the particular functions that shall be rendered under this subscription model.

After choosing one of the subscription models, the User has to choose his payment option, entering the relevant information in the form. Going on with the form is only possible, if the user opens these general terms and conditions and accepts them by clicking on the button “Yes, I accept the Terms and Conditions and the Privacy Statement of grieblmedia GmbH”.

The subscription shall be finished by clicking on the button “next”. Step 3 (“Final Check”) summarizes all data entered by the user. Up to this moment, the User can correct errors in the form anytime, or can cancel the subscription process by closing the browser window.

A binding contractual offer (for a subscription) by the User can be made by clicking on the button “Confirm and send order” after entering all necessary data.

The User will receive immediately after registration an automatic generated email that confirms the receipt of the registration. This confirmation email shall not be considered as acceptance of the Users contractual offer. The acceptance of the offer shall not be earlier concluded as the User will be given access to the functions of the internet-platform that are part of the subscription model, i.e. that the Users login-name and password will be accepted and access to such functions will be granted. grieblmedia is free in its decision to accept the Users contractual offer or not.

5.4 The User can access and view all contractual information (“Vertragstext, Vertragsbesimmungen” = “contract terms”) after conclusion of the contract under the menusection “Start / Membership”, “Control Center / Your contact persons”, “Control Center / Your company profile”. The User can print out all contract terms using the print function of his internetbrowser. The User can access and view these general terms and conditions at any time under the URL http://www.beveragebusiness- network.com/terms

5.5 All texts that are necessary for the conclusion of a contract are available in German and English language.

6. Term and Termination

6.1 The User may terminate the contract regarding free-of-charge functions of the internet platform at any given time, without being limited to cancellation periods by written notice or by email. grieblmedia may terminate such contracts with the cancellation period of one month to the end of the month by written notice or by email.

6.2 Subscriptions (and all other contracts) regarding functions of the BeBuNet that require consideration (“premium-account”) shall end automatically after the subscription period. A contractual notice of termination shall not be possible during the subscription period.

If the User chooses the option, that his subscription shall be automatically extended if not terminated, the following notices of termination shall apply:

A one-month subscription shall be extended by another month, if not terminated upon a written notice one week as of the end of the term.
A three-month subscription shall be extended by another three-months, if not terminated upon a written notice two weeks as of the end of the term.
A six-month subscription shall be extended by another six-months, if not terminated upon a written notice four weeks as of the end of the term.
A one-year or longer subscription shall be extended by one year, if not terminated upon a written notice six weeks as of the end of the term.

To terminate the automatic extension send a written notice to quit@bebunet.com or grieblmedia GmbH, Am Markt 2, 77855 Achern, Germany

6.3 If the User does not access the BeBuNet- Portal, using his username and password in a consecutive period of more than six months, and the contract comprises only free-of-charge functions, grieblmedia shall have the right to freeze the Users account, or to terminate the contract as stipulated in section 6.1.

6.4 The right to terminate the contract on important cause remains unattended. A important cause to terminate the contract is for grieblmedia particularly, if

the User infringes the provisions under section 7.2 and does not discontinue these infringements in reasonable time after receiving notice or warning by grieblmedia; or
if the User is in default with his payments for more than two successive months, see also provision under section 11.

7. Duties and obligations of the User

7.1 Using the BeBuNet shall be the Users own risk. The User shall be responsible for all information (i.e. messages, data, text, photos, graphics, or any other material) he publishes on the BeBuNet.

7.2 . Particularly the User is obliged to:

update his personal user profile and the information required for billing the services (billing-address, credit-card number, bank account details, etc.) of his company, changes of the legal status of his company (legal entity), changes in the company address, if such data was previously entered into the Users profile;
ensure that his username and password cannot be accessed by third persons, and to keep this data safe from third persons, and to chance or let change his username and/or password immediately, if there is a reason to believe that third person could have obtained such information;
to include necessary information about the user for all services (“Anbieterkennzeichnung”), compliant to the legal requirements;
to comply with all legal regulations – particularly regarding the protection of private data.
Not to register more than once. A natural person shall only have one username within the BeBuNet.
not to use technical equipment or software or to upload content to the internet-platform, which infringe copyrights, trade mark rights, industrial property rights or other rights of grieblmedia, users or third persons,
not to upload content to the BeBuNet- Portal or to refer to such information or to establish hyperlinks to such web pages, that contain illegal or immoral content, that could violate general accepted rules of behavior, or that could damage the reputation of grieblmedia, other users or third persons. The same applies for the chosen username.
To chose a username, that does not allow confusion about the identity of the user, so this User could be mixed-up with other Users or grieblmedia or the BeBuNet itself.

7.3 The user shall indemnify grieblmedia from all claims because of any infringements of provision 7.1 and 7.2 and is liable to grieblmedia for all damages related to these infringements.

7.4 grieblmedia may restrict or block the access to data (particularly tender procedures, auctions, company-presentations and messages), that violate provision 7.2, and grieblmedia may also delete such data.

7.6 The User will inform grieblmedia immediately upon the reasonable suspicion, that other users or third persons could use the BeBuNet-Portal illegally as specified in the provisions before. Grieblmedia shall be entitled to block or delete such illegal content and to block the respective user-account.

7.7 The User is responsible for the usage of the BeBuNet-Portal by third persons in the same manner as for usage by himself, if this usage takes place under the username and password of the user, unless the user proofs, that he is not responsible for this unauthorized usage of the user’s username and password.

8. Limitation of Liability

8.1 grieblmedia is fully liable for death, personal injury, impairment to health and for damages under the German Product Liability Act (“Produkthaftungsgesetz”).

8.2 grieblmedia is fully liable for damages of the contracting partner, which are caused by intentional or gross negligent acts of grieblmedia of its vicarious agents (i.e. employees).

8.3 Furthermore grieblmedias liability shall be limited – whatever the legal reason may be – to the following, if grieblmedia has not given a certain guarantee:

For negligent (not gross-negligent) caused damages, grieblmedia is only liable if such damage is caused by the breach of fundamental contractual duties (“Kardinalpflicht”). Fundamental contractual duties are such duties which are essential or make it possible to comply with the agreement and whereas the other contractual party can duly rely upon the party’s compliance to such duty.
If grieblmedia is liable under this clause for negligence, grieblmedias liability shall be limited to the typical, foreseeable damage.

8.4 The limitation of liability as stipulated in the aforesaid section shall also apply to limit the damages for “vergebliche Aufwendungen” (unavailing expenditures) according to § 284 BGB (German Civil Code). The aforesaid limitation of liability shall also apply to the liability of auxiliary persons (i.e. employees) of grieblmedia.

8.5 The User is obliged to appropriate precaution and preventive measures to protect his data and applications, particular by making machine-readable backup-copies for his area of business within usual intervals. The User will utilize all technical measures, to ensure his highest possible level of internet-security.

9. Availability of service

It is grieblmedia´s goal to provide access to the BeBuNet-Portal to all Users 24 hours daily, and seven days a week. Temporarily service interruptions due to necessary maintenances works, delays or interruptions in the internetconnection to your internet- or networkprovider and cases of force majeure are possible.

grieblmedia warrants the Users which are using the BeBuNet against consideration, an annual average availability of the server of at least 97%. Maintenance and adjustments of the platform do not count for the grade of availability, if they are announced at least one day in advance.

10. Terms of payment

10.1 Using the BeBuNet for certain services as described in the specifications of services and products, will require consideration in money. grieblmedia will inform the User before he starts to use certain functions about the duty to pay consideration for the usage of this functions and about the contractual and payment details. The consideration for certain services may be found in the currently effective pricelist of grieblmedia.

10.2 The User is not entitled to offset any counterclaims against grieblmedias claims unless they are undisputed or legally enforceable. The user is entitled to offset a right of retention or the right to refuse performance only, if the users’ counterclaims originate in the same contract.

10.3 If the user is in delay with due payments, grieblmedia may restrict or completely lock the access to the internet-platform.

11. Data privacy

11.1 This internet portal for the beverage industry is based upon the communication, networking and the exchange of ideas, projects and the closing of contracts between the users. It is solely the user’s decision which personal data he wants to publish, which messages he wants to exchange and to what degree he wants to participate in tender procedures or auctions.

The content of such information will not be analyzed by grieblmedia nor passed on to third parties. grieblmedia has no influence to the communication between the Users and the person related date, the Users publish in the BeBuNet-Portal.

11.2 grieblmedia will store, process and delete person related data and data regarding usage and billing data compliant to the legal requirements, particularly the German Data Protection Act (“Bundesdatenschutzgesetz”) and the German Telemedia Act (“Telemediengesetz”). Person related data and data regarding the usage and billing will be only stored and – only if necessary – made available to third persons (i.e. to payment providers), if this is necessary to comply with grieblmedias contractual duties (i.e. to organize a tender procedure or to forward a message to the receiver), to enter into a contract, to comply with that contract or to bill a contract. Please take a look at our privacy statement under http://beverage-businessnetwork.com/pages/privacy

12. Governing law, place of jurisdiction

12.1 The present General Terms and Conditions of Business and all agreements based thereon are governed exclusively by the laws of the Federal Republic of Germany under exclusion of the Convention on the International Sale of Goods (CISG) and a possible relegation to the laws of an other county due to international private law.

12.2 Provided the User is an enterprise, a legal entity or a special public fund, or has no general place of jurisdiction within the Federal Republic of Germany, or changes his general place of jurisdiction or place of residence to a place outside of the Federal Republic of Germany, or his place of residence is not known by the time the complaint is filed, Achern, Germany shall be the solely place of jurisdiction for all disputes arising from the contractual relationship.

13. Concluding terms

13.1 Chances or supplemental terms of these General Terms and Conditions of Business must be in written form to become valid. This does also apply for the cancellation of this term.

13.2 Should one or more provisions of these General Terms and Conditions of Business be or become invalid the validity of the remaining provisions shall remain unaffected thereby. If the invalid provision is not a “General Term and Condition”, i.e. if this provision was negotiated between the parties, the invalid provision shall be interpreted and replaced by a new provision, that shall reach the intended economic purpose of the invalid provision as far as possible.

14. Conflict between German and English Version of this Privacy Statement

These General Terms and Conditions of Business have been drafted in German and in English. For purposes of interpretation of these General Terms and Conditions of Business and in case of any possible conflict between German and English text the German version shall be decisive and shall prevail.