Terms of Use

(Status: August 2020)

§ 1
Service offer and availability

(1) BW offers the User a Platform for the exchange of ideas between companies, investors and experts from the real estate industry. The Platform enables Users to participate in digital events via live stream. During and after the digital event there is the possibility to exchange ideas with other users via a chat function.

(2) Access to the Platform is possible via the website https://www.builtworld.com/ (hereinafter “website”). On the website, the currently available events and, if applicable, current price lists can be viewed.

(3) BW's services can currently be provided in the following modules:

a) Basic-User

By registering on the platform, a free framework contract for the use of the platform is concluded between BW and the User. The User is thereby entitled to create a profile and participate in online events according to § 2 para. 3 of these Terms of Use.

b) Basic-Company

By depositing a company profile, a contract is concluded with the User for the publication of a company profile in accordance with these Terms of Use.

(4) BW guarantees an average availability of the Platform of at least 90% on a monthly average. It is not guaranteed that access to or use of the platform will not be interrupted or impaired for a short period of time by maintenance work, further developments or otherwise by malfunctions, which may also lead to data loss. BW will notify the User of planned maintenance and downtimes in good time. BW endeavors to ensure that the services can be used without interruption. However, technical disturbances (such as interruption of the power supply, hardware and software errors, technical problems in the data lines) may cause temporary restrictions or interruptions.

§ 2
Registration

(1) The use of the Platform and its functionalities, in particular the participation in digital events, requires the registration of a user account.

(2) In the course of the registration process, the User will be asked to enter his access data. These consist of the User's valid e-mail address and a password freely chosen according to the password guidelines. When registering, the User may not pretend to be another person or use a user ID that he is not authorized to use.

(3) The User also has the possibility to store further personal information such as his company, position, LinkedIn profile in his user account as a profile. By entering a company, the User is automatically assigned to the company as a Member if a company profile has already been stored on the platform for this company. The profile is publicly visible to other visitors of the Platform.

(4) If these data change in the course of the user relationship, the User must immediately correct his data on the Platform in his personal settings. If costs are incurred due to the incorrect information, the User is obliged to reimburse these costs.

(5) By registering, the User submits an offer to BW to conclude a user relationship on the Platform on the basis of these Terms of Use. The acceptance of the offer is decided at the User's own discretion. If registration is not confirmed within a reasonable period of time by e-mail to the e-mail address provided or by activating the user profile, the User is no longer bound by his offer. Upon receipt of the e-mail confirmation or activation of the user profile, a usage relationship as agreed is established and BW activates the requested access. Upon activation, the User is entitled to use the Platform within the scope of these Terms of Use. The text of the contract is stored by BW but cannot be accessed by the User. The User is offered a storable version of the text of the agreement for download.

§ 3
Responsibility for access data

(1) The access data including the password must be kept secret by the User and must not be made available to unauthorized third parties under any circumstances.

(2) It is further the responsibility of the User to ensure that his access and use of the platform is exclusively carried out by the User or by persons authorized by him. If there is reason to fear that unauthorized third parties have obtained or will obtain knowledge of his access data, BW must be informed immediately.

§ 4
Publication of a company profile

(1) Companies have the possibility to publish a company profile on the Platform by the User, which is publicly accessible to visitors of the Platform.

(2) Each public company profile is reviewed and approved by BW before publication. There is no legal claim to the activation of a company profile.

(3) Company profiles consist of a company presentation that includes the company name, address, a description of the company in text form, logo, links to external information sources, contact data and the assigned users.

§ 5
Use of the functions and services of the Platform

(1) Currently, the Platform and its functions and services are provided free of charge.

(2) BW reserves the right to offer paid services  ("additional services") in the future

(3) A separate order is required to use the additional services, unless the User has already ordered the additional services when registering. Before access to the respective service is granted, the User will receive online notification of the costs incurred, the terms of payment, duration and termination of the fee-based services, as well as other relevant details. Thereafter, the User has the possibility to send the order of the chargeable services by clicking on the order button.

(4) In addition, BW expressly reserves the right to make existing services subject to charges with a prior notice period of 30 calendar days, whereby BW will take the legitimate interests of the User into account in each case. The User may object to this with a notice period of 30 calendar days after receipt of the advance notice. If the User does not object, the change is deemed to be approved. If the User objects, BW has the right to exclude the User from future use of the services.

(5) The advance notice contains a notice to the User containing details of the services which will be subject to charges in the future. In particular, various modules are offered which differ in terms of scope of services and price as well as term and termination conditions. The notification of the various modules does not yet constitute an offer to conclude a new user contract. If the User decides on a module and informs BW of this in a form offered by BW, this notification represents an offer to conclude a usage agreement under the terms and conditions of the corresponding module. BW can accept this offer by activating the corresponding scope of services specified in the module.

(6) The User can order paid services of a higher-value module at any time. The change to a cheaper or free module is only possible at the end of the respective term of the selected module.

§ 6
Participation in digital events

To participate in an event, the User must apply in advance via the Platform. The successful application for an event will be confirmed to the User by e-mail.

§ 7
Scope of permitted use

(1) The right of use is limited to access to the Platform as well as the use of the functions and services available in each case within the framework of the provisions of these Terms of Use.

(2) The User shall be responsible for creating the technical prerequisites (in particular hardware, web browser and Internet access) necessary for the contractual use of the services within the User's area of responsibility. BW does not owe any advice in this regard.

(3) BW herewith advises the User that usage activities can be monitored to the extent permitted by law or that there may be a legal obligation to do so. This may also include the logging of IP connection data as well as its analysis in the event of a concrete suspicion of a violation of these Terms of Use and/or in the event of a concrete suspicion of the existence of any other illegal act or criminal offence.

§ 8
Use of content available via the Platform

(1) The content available via the Platform is predominantly protected by copyright, trademark rights and competition law or by other property rights and is in each case the property of BW or other third parties such as sponsors and partners who have made the respective content available for use via the Platform by the User. The compilation of the content is as such also protected by copyright. The User is only entitled to use this content in accordance with these Terms of Use and the functionalities and services provided on the Platform.

(2) Unless further use is expressly permitted in these Terms of Use, the special terms and conditions of individual services or performances or is made possible on the Platform by a corresponding functionality (e.g. download button),

a) the User may use the contents available on the Platform exclusively for his own or internal business purposes. Any commercial use of the available contents beyond this is prohibited. This right of use is limited to the duration of the contractual use of the Platform;

b) the User is prohibited from editing, modifying, translating, presenting or demonstrating, publishing, exhibiting, duplicating or distributing the available contents in whole or in part (including the use of so-called iFraming). It is also prohibited to remove or change copyright notices, logos and other marks or protective notices.

(3) The User is only entitled to download content ("Download"), to share content by e-mail or via the share function, as well as to print out content via the Platform if the User has a corresponding option as a functionality (e.g. by means of a download button).

(4) The User shall be granted an unlimited and non-exclusive right of use for an unlimited period of time for the contents properly downloaded, sent or printed out by the User for his own or internal business purposes, unless a different use is expressly permitted in individual cases. All other rights to the contents remain with the original owner of the rights.

(5) The mandatory statutory rights (including reproduction for private and other own use) shall remain unaffected.

(6) The User may not share any content that is likely to harm the interests of BW. An impairment of BW's interests exists in particular if it concerns trade or business secrets or other information that is marked as confidential or where confidentiality results from the nature of the matter.

§ 9
Responsibility for and rights to user content

(1) The term "user content" shall be understood to mean all materials, information, files and data such as photographs, graphics, logos, videos, texts, details of places and persons as well as links uploaded, transmitted or otherwise posted by the User.

(2) BW is not responsible for the user content and does not adopt this content as its own. Unless explicitly commissioned, BW does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.

(3) BW reserves the right not to publish user content or to reverse its publication or otherwise block or delete the user content within the scope of the legally permitted possibilities and in consideration of what is reasonable for the User, in particular in consideration of the User's data protection and personal rights, if there are concrete objective indications that the user content violates legal requirements, official prohibitions, the rights of third parties or is immoral. However, BW is not obliged to check the contents in advance.

(4) By registering and posting user content, the User grants BW a free and transferable right of use to the respective user content, in particular the right

(5) The User may not upload user content that is legally protected unless the User holds the appropriate rights to do so or has obtained the necessary consent from the owners of these rights. The User warrants to BW that he/she is the sole owner of all rights to the user content posted or transmitted on the Platform, or is otherwise entitled (e.g. by effective permission of the rights owner) to post or have posted the user content on the Platform and to grant the rights of use and exploitation in accordance with § 9 para. 4 of these Terms of Use.

(6) The User shall indemnify BW from all claims of third parties due to any infringement of exclusion or usage rights, in particular with regard to technical property rights and property right positions, design patents, trademarks, labels, copyrights, personal rights and other rights resulting from the user content transmitted by the User and used in accordance with the provisions of these Terms of Use. Furthermore, the User undertakes to reimburse BW for any costs incurred due to a possible infringement of rights, unless the User is not responsible for such infringement. This also includes the costs of any legal advice and/or prosecution.

(7) If the User is able to contact other users directly, this contact option may not be used for advertising purposes and the users contacted may not be harassed in any other way (for example, by repeated inquiries in the absence of an answer or by expressed desire not to be contacted).

(8) Insofar as the User removes the user content posted by him or her from the Platform, the right of use and exploitation granted to BW above shall expire. However, BW shall remain entitled to retain copies made for backup and/or verification purposes.

§ 10
Blocking access to the Platform

(1) BW may temporarily or permanently block the User's access to the Platform as a whole or to individual parts of it at its own discretion if there are concrete indications that the User is or has been in breach of these Terms of Use and/or applicable law, or if BW has any other legitimate interest in blocking. When deciding on a blockage, the legitimate interests of the User shall be taken into account appropriately. If the User repeatedly violates these Terms of Use despite notification, BW reserves the right to permanently block access.

(2) In the event of a temporary or permanent blockage, the access authorization will be blocked and the User will be notified of this by e-mail.

(3) In the event of a temporary blockage, the access authorization will be reactivated after the blocking period has expired or the reason for the blockage has finally ceased to exist and the User will be notified of this by e-mail. A permanently blocked access authorization cannot be restored. Persons permanently blocked are permanently excluded from using the Platform and may not log on again. With the permanent blocking of the User, BW is entitled to terminate the User's user relationship extraordinarily.

§ 11
Duration, termination of use

(1) If only the free services pursuant to § 5 para. 1 of these Terms of Use are used, the User may terminate the usage agreement at any time with immediate effect.

(2) If the User makes use of chargeable services in accordance with § 5 Para. 2 to Para. 5 of these Terms of Use, the term of the respective usage agreement and his right of termination shall be determined in accordance with the details contained in the respective notification to the Customer in accordance with § 5 Para. 3 and Para. 5 of these Terms of Use.

(3) Termination may be made in text form, a notification by e-mail to info@builtworld.com shall preserve this right. Furthermore, notices of termination can be sent to: BUILTWORLD GmbH, Ganghoferstraße 66b, 80339 Munich, Germany.

(4) In the event of a complete termination of the use of the Platform, BW is entitled to irretrievably delete all user data created in the course of the User's use of the Platform after 30 calendar days have elapsed since the termination became effective and after any statutory retention periods have expired. For personal data, the regulations on data protection apply with priority, which may also provide for a shorter period for deletion. Further information can be found in the Platform's data protection declaration.

(5) The right to extraordinary termination shall remain unaffected. BW has a right to extraordinary termination in particular if the User repeatedly violates these Terms of Use and, despite a reminder from BW, does not remedy this violation or violates the Terms of Use again.

§ 12
Limitation of liability

(1) In the context of the use of free services, BW's liability for slightly negligent breaches of duty is excluded, unless damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Furthermore, liability for the violation of obligations, the fulfillment of which makes the proper performance of the user relationship possible at all and on the compliance with which the User may regularly rely, remains unaffected. The same applies to breaches of duty by our vicarious agents.

(2) Within the scope of the use of chargeable services by the User, BW is liable in accordance with the following provisions.

a) BW is liable without limitation for damages caused intentionally or by gross negligence.

b) In cases of product liability according to the Product Liability Act.

c) In cases of simple negligence BW is not liable for the violation of insignificant contractual obligations. Moreover, BW's liability for damages caused by simple negligence is limited to those damages that must typically be expected within the scope of the respective contractual relationship (foreseeable damages typical for the contract).

d) The aforementioned limitation of liability does not apply in the case of fraudulent intent, in the case of bodily injury or personal injury, for the violation of guarantees and for claims arising from product liability. Legally provided limitations of liability that deviate from the above liability regulations in favor of BW remain unaffected.

e) BW is not liable in any other way. For services provided by BW under a rental agreement, liability without fault for defects existing at the time of conclusion of the contract is excluded in particular.

(3) Insofar as the liability of BW is excluded or limited according to these provisions, this also applies to the liability of BW's organs and vicarious agents, in particular BW's employees.

§ 13
Privacy

(1) BW will process all personal data provided by the User exclusively in accordance with the applicable data protection regulations.

(2) In order to fulfil the contract concluded with the User, the use of the User's personal data is required. In addition, BW processes the User's data to improve the offer for the User, to advertise our products in a demand-oriented manner and to improve and develop products. The legal basis for the processing of the User's personal data is in particular the respective execution of the contract, the User's express consent and the legitimate interests of BW. The details of the data collected and their respective use can be found in the data protection declaration.

§ 14
Amendment of these Terms of Use

(1) BW reserves the right to change these Terms of Use at any time with effect also within the existing contractual relationships. The User will be informed about such changes by e-mail at least 30 calendar days before the planned effective date of the changes.

(2) If the User does not object within 30 days after receipt of the notification and continues to use the services even after the expiry of the objection period, the changes shall be deemed to have been effectively agreed upon from the expiry of the period. In the event of an objection, the contractual relationship will be continued under the previous conditions. BW reserves the right to terminate the usage relationship at the next possible date in the event of an objection. In the notification of change the User will be informed about his right of objection and the consequences.

§ 15
Change of services, price changes

(1) BW is entitled at any time to change the services provided free of charge via the Platform, to make new services available free of charge or against payment and to stop providing free services. In doing so, BW will always take into account the legitimate interests of the User.

(2) BW is entitled to change services subject to charge at any time if this is necessary because preliminary services required for the provision of the service are no longer available or no longer available at reasonable conditions, because minor changes to the services provided are involved or changes are advantageous for the User or changes are in line with the usual market conditions for comparable services. The User will be notified of any changes by e-mail. Changes shall be deemed approved if the User does not terminate the contract in writing or by e-mail within 30 days of receipt of the notification of change. The User will be informed of this separately in the notification of change.

(3) BW will announce price changes in due time so that the User can terminate the contractual relationship in compliance with the contractually agreed period of notice before the new prices come into effect. If the User does not terminate the contract after notification of the new prices and continues to use chargeable services after the new prices have come into force, the price change will become binding for the contractual parties.

(4) In each notification of change, the User shall be separately informed of the consequences of the change and his right of objection and/or termination.

§ 16
Final provisions

(1) German law shall apply to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods.

(2) If the User is a merchant, the exclusive place of jurisdiction is the registered office of BW. However, BW is also entitled to bring an action at the User's place of business at its discretion.

(3) If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the parties are obliged to cooperate in the creation of provisions by which a legally effective result that comes as close as possible to the economic purpose of the invalid provision is achieved. The above shall apply accordingly to the closing of any contractual loopholes.