Terms and Conditions
General Agreement Conditions for the subscription of an Exhibitor account on the online portal www.HostessChannel.com/www.HostessChannel.de (in the following also referred to as "Online-Portal").
§ 1
Scope of applicability and clause of unlawful interference
(1) For the legal relationship between this Online-Portal and its customers the following terms and conditions in the version given at the time of ordering are exclusively valid.
(2) These Terms and Conditions apply to and regulate the use of services and material and information offered and contained on the websites HostessChannel.
(3) Any deviating general terms and conditions of the user will not be acknowledged as part of this contract.
(4) By registering on this website the user aknowledges to have read, understood and agrees with the Terms and Conditions.
The Online-Portal makes use of a database which holds personal details of service personnel for events of different types, among others also in the specific Hostesses and Hosts for trade fair exhibitions, and provides these information to the end-customer on a flat-rate basis by unit.
The Online-Portal is reachable under various url addresses (see above) operating a web-based service which offers the user the possibility to freely and autonomously register on the Portal, to submit her/his own Events, as well as to use a search engine on the internal database, and optionally, upon purchase of Credits, direct booking of service personnel registered on the portal. In order to complete a registration on the portal, the user needs to fill in a personal or corporate profile. The membership allows the user to access her/his account online using selected username and password. To create the account, the Portal collects personal information which is voluntarily provided by the user at registration time.
(5) The Online-Portal acts merely as agent, providing contact details of Host users and thus facilitating direct communication between the client (Exhibitor) and the contractors (Hosts). In this respect the Online-Portal is no employer in itself. The user of an Exhibitor profile decides autonomously and is liable for honorary obligations towards his own bookings on behalf of the employed Hosts. Upon completion of a booking session the user is not entitled to further services or benefits at the expense of the Online-Portal. The user decides at own discretion and is individually responsible for employment and remuneration agreements towards selected personnel within the scope of activities referred in this website. For these mutual agreements the user has therefore no obligations or claims against the Online-Portal. The inclusion in the database does not constitute a contractual or otherwise formal right towards or on behalf of the user. Upon booking request confirmation the Host shall clear all details about her/his activities and employment matters directly with the Exhibitor as well as honorary agreements has to be discussed exclusively with the user. There is no entitlement to honorary compensation from the Online-Portal.
The Online-Portal shall assume no liability for the actual agreements or enforcement of Hosts to serve user's purposes for the agreed professional activities. The Online-Portal shall not be liable for unsuccesful Einsatzes als Messe Personal bzw. Hostess/Host. In other words the Online Portal accepts no responsibility in the event that agreements were not reached or services were not set up.
§ 2
Contract stipulation
The contract between the User and the Online-Portal on the use of the database comes into existence upon online registration by the user on the Online-Portal.
A contract can only exist for individuals who have reached the age of 18. The use of services in accordance with these General Terms and Conditions (User with an Exhibitor account) is only subject to payment, when the User completes a booking of Hosts.
Information concerning data protection and regulations can be found in the Privacy Policy. The Privacy Policy shall form an integral part of these Terms and Conditions.
The User also declares his agreement with the Privacy Policy.
§ 3
Liability of advance payment and payment conditions for the client
(1) Any services included in this contract which are subject to payment shal be settled in advance by the User; the User is liable to advance performance payment. The User can therefore make use of the pay services only if a corresponding Credits amount is present on her/his account.
The User is free to complete purchase of Credits in accordance to the possible payment methods offered by the Online-Portal. The minimum amount of Credits purchase is published online on an updated price list. In case the User's purchase value lie below the minimum required, we shall charge a handling fee of 2.50€ (Euro).
(2) Incoming payments to the Online-Portal which contain incomplete details or for which the details (User ID) in the payment order do not correspond, can not be processed for prepaid or recharge credits. A refund of the equivalent value for Credits allocated to the User by the Online-Portal which didn't arise from payment (e.g.: arising from promotional offers) is not possible.
(3) No refunds will be given for the unused Credits after the expiry of the withdrawal term (14 days from Credits purchase).
In case of Credit refund, the purchased credit value will be 100% refundable except for any costs, expenses and/or transaction fee charges incurred and/or assessed during such time (such as but not limited to credit card and PayPal transaction fees).
§ 4
Further mediation to third parties
Any further mediation of contact details or services provided by HostessChannel to third parties is prohibited, as long as no specific written of other kind of consent has been agreed with HostessChannel. HostessChannel holds the rights and claims against any breach of the conditions in this paragraph, specifically regarding claims of monetary compensation of the damage caused for such breaches. In each case of violation of the terms in this paragraph and excluding der Einrede des Fortsetzungszusammenhanges the user shall be liable for the payment of contractual penalties of 1.000 Euro. The HostessChannel online-portal reverves the right to assert further damages caused by such contract breaches.
§ 5
Contract termintation
The free of charge use of Services can be cancelled at any time without giving reasons. Termination can occur via Fax, E-Mail or directly using the function inside the User's profile area.
There is no notice for the contract termination. Contractual relationships to third parties remain unchanged.
The contract can be terminated at any time by the Online-Portal without notice and without being required to give any reasons.
Upon contract termination all user's personal account information will be permanently erased from the Online-Portal.
Admission may be rejected under objective circumstances, e.g.: if the User intentionally or negligently supplies incorrect or misleading information, or there are reasons to suspect, that the User is exploiting, or attempting to exploit the Online-Portal in an improper or inappropriate manner.
§ 6
Disclaimer
(1) The Online-Portal shall not be liable for financial losses, physical or immaterial damages that may occur when using its services, unless those directly caused by staff of the Online-Portal. Liability for damage other than personal injury shall likewise be excluded in case they were not intentionally or negligently caused by employees of the Online-Portal.
(2) The Online-Portal declines every responsibility for any eventual misuse of data or information by other users or third parties. The Online-Portal declines any responsibilities for unauthorized gain of users' personal data by third parties (e.g.: through any unauthorised access to the database by „Hackers“). The Online-Portal is not responsible for any eventual misuse of data or information especially if the user himself provided access to such data or information to other users or third parties.
The Online-Portal is in this respect entitled, but not obliged, to check that the content as well as uploaded graphics material is in compliance to the regulations assetrted in these Terms and Conditions, and to modify or remove such content or material as required.
The Online-Portal shall not be liable for the completeness and correctness of online information of registered Hosts and Users. Unauthorized use of personal data is not permitted.
(3) Furthermore the Online Portal is not responsible and does not accept any warranty claims for breakdown of the service or parts thereof, or any resulting damage owing to technical malfunctions due to a third party, in particular computer failure, force majeure, strike, disruptions for maintainance work or internet failures.
§ 7
Duties of the user
(1) The user is responsible for the content of her/his account and liable for the submission of the information thereof. The User affirms that the personal data (name, address, etc.) submitted in the registration are correct and relevant.
(2) The User commits himself further to avoid damage to the Online-Portal of any kind of claims, demands, proceedings, liabilities, losses, costs and expenses directly or indirectly suffered or incurred by using her/his access to the Portal, provided that such damage has not been caused by gross negligence or intent by the Online-Portal itself or its agents. The customer undertakes in particular to hold the Online-Portal free of any form of liability whatsoever and from all obligations, expenses and claims that may be incurred as a result of damages due to the injury, disrepute, violation of personal rights, due to the loss of services for other customers, on account of violation of non-material rights or an other rights.
(3) Furthermore every User commits himself, not to abuse the services, specifically avoiding the upload of data containing virus (infected software) or software or other material which is copyrighted. In this respect the User commits himself to make use of data and pictures which refers exclusively to his own individual. The individual depicted in the such pictures carries the sole responsibility for the respective copyrights. In case that persons other than the User hold copyrights on the pictures (this may occur for example due to copyrights of the photographer) the User is obliged to obtain explicit consent for the use and publication of the respective pictures.
(4) The User assures that the submitted content is copyright-free or does not violate the rights of others. For these matters the Online-Portal cannot be held responsible. The Online-Portal is entitled to use and forward these data to the purposes of contact exchange agreed in the terms of services.
(5) The nonobservance of the above terms might lead to immediate termination of the contract as well as incur civil and criminal law consequences for the User. The Online-Portal reserves the right to suspend users from the service in case the access to or use of the service may in our judgement be offensive or obscene or have political radical content. The Online-Portal is entitled to remove such content accordingly.
(6) The Online-Portal reserves the right to change these terms of use at any time. The Online-Portal commits itself to promptly inform online all users about the modified Terms and Conditions. The changes will be assumed as understood and accepted by the User, if the User does not object to them within a month of their announcement.
In the event that the User objects against the changes, the User can opt for an immediate termination of the contract.
(7) Should these Terms or conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining contract conditions. On the contrary, in place of this, a condition meeting the aim of the agreement or a replacement condition that comes close and has been agreed by the parties to achieve the same economic results as if they had known of the ineffectiveness of the condition becomes valid. The same shall apply for any incompleteness in the contract.
(8) These terms and conditions apply to all users that register on the Online-Portal, even if the usage or the access occurs outside of the Federal Republic of Germany. The use of the Online portal shall be governed by German law. The contract legal jurisdiction is Berlin, Germany.
§ 8
No claim without prior contact
Should a third party intend making any claim against alleged violation of trademark, copyright or other proprietary rights, to prevent unnecessary legal disputes and associated business costs we therefore ask you to contact us immediately. Hereby an amicable agreement has to be sought before a final legally binding declaration is in place, through which a possible danger of repetition is bindingly excluded. In the absence of any such preceding contact with HostessChannel, any financial claims relating to legal cautions will be rejected. In this respect unnecessary and/or unjustified cautions and consequent actions will be answered directly with an appeal to the court for exemption from responsibility.
Definitions
"User" = individual or company who uses the Online Portal by means of an account at Exhibitor level.
"Host" = user of the Online Portal with a Hostess level account.
"Online Portal" or "This website" = the website HostessChannel, in one of the online forms which are reachable over the internet: www.hostesschannel.com, www.hostesschannel.de, hostesschannel.com.
"Credits" or "Credit Points" = prepaid credit held in the User's account following exchange of points of equivalent value on behalf of the User, which can be used as payment when the User completes booking transactions on the Online-Portal.
