Terms and Conditions

The online presence on the following websites: "eventcalculator.com, eventgear.com, eventsuite.com" (hereinafter also referred to as "online presence") is operated by EventSuite LLC, Delaware, USA ("Platform Operator", "We", "Us"), represented by Elbgoods GmbH in the European Union (see imprint).

§1 Scope of application

  • (1) Access to the online presence and use of the services offered there ("services"), described in more detail in section 3, is subject exclusively to these General Terms and Conditions ("GTC"). Please read these terms and conditions carefully before using the services offered on the website. By using the online presence, you fully accept the provisions of these GTC. If you do not completely agree with the regulations contained in these GTC, you may not use the online presence.
  • (2) We reserve the right to amend or supplement these GTC if this is necessary (e. g. for technical reasons or due to market developments) and the amendment or supplement is reasonable for the registered users (hereinafter: users), taking into account their interests. In the event of a change or amendment to these GTC, we will inform the user by e-mail at least 4 weeks before the change takes effect. If the user does not object to the changes or additions in writing within four weeks of receiving this change notification, this shall be considered as consent. The user is informed about his right of objection and the legal consequences of his silence.
  • (3) Should the user object to changes to these GTC which are not only of minor importance, both parties have the right to terminate this agreement within a period of 4 weeks after receipt of the objection. In this case, the user account is blocked and access to the services is no longer possible.

§2 Registration; User account

  • (1) The use of certain functions of the online presence requires registration with the creation of a user account. When creating a user account, the user must provide all personal information required for registration and requested during the registration process.
  • (2) Only adult users are permitted to register.
  • (3) The user assures that all information that he transmits to the online presence during and after registration is truthful and up-to-date. The user declares that in particular any information that he transmits to the online presence with regard to goods and services offered by him on the platform is truthful. The user is solely responsible for all data and information published on the website. The platform operator accepts no liability for information published by a user that is incomplete, imprecise, misleading or fraudulent.
  • (4) The creation of user accounts for another person is prohibited subject to paragraph 6 of this provision.
  • (5) User accounts and access data (user password and user name) are personal and non-transferable. The user is obliged to keep his access data secret and to protect them from unauthorized access.
  • (6) Registered users can create company accounts. Corporate accounts can be assigned to registered users to share certain offers. A company account may only be opened by persons authorized by the company concerned.
  • (7) A user has no right to registration. The platform operator may refuse registration without giving reasons.

§3 Our services

  • (1) The platform operator provides various offers for the event industry on the online presence.
  • (2) The platform operator acts exclusively as an intermediary. Due to its intermediary role, the platform operator is not subject to any obligations with regard to the contracts concluded between users; in particular, the platform operator is not responsible for the fulfilment or non-fulfilment of the contractual obligations. The provider of a product or service determines the contractual conditions with regard to the services offered by him via the online presence at his own discretion. He shall ensure that all statutory provisions, in particular the provisions on distance selling and electronic business transactions, are observed.
  • (3) We reserve the right to change, update, interrupt, (temporarily or permanently) suspend or delete the online presence or parts thereof without prior notice. We are not liable for such a change or termination of our services.

§4 Prices and method of payment

The services of our online presence are partly free of charge and partly with costs. The user is expressly notified in the online presence if a service is subject to a charge. In addition, the user is informed in the online presence about the costs of using the service. The use of a chargeable service results in the obligation to pay the platform operator.

§5 Intellectual property, industrial property rights

When using the online presence, copyrights, name and trademark rights as well as other proprietary rights of the platform operator must be observed. No license or other right of use is granted by the retrievability of the online presence. Any duplication, editing, distribution and any kind of exploitation outside the limits of copyright law may only take place with the written consent of the platform operator.

§6 Confidentiality of trade and business secrets

The platform operator and the users undertake to keep confidential documents, data, information and findings in connection with the implementation of this contract or its fulfilment and not to disclose them to third parties.

§7 Liability

  • (1) The platform operator is liable for damages caused intentionally or through gross negligence, for damages resulting from culpable injury to life, body or health as well as for damages resulting from at least slightly negligent violation of an obligation which is of essential importance for the achievement of the contractual purpose (cardinal obligation). Apart from liability for intent and culpable injury to life, body or health, the liability for damages is limited to the foreseeable, typically occurring damage. Apart from that, claims for damages against the platform operator are excluded, irrespective of the legal basis. As far as our liability is excluded or limited according to the above regulations, this also applies to the personal liability of our employees, representatives and vicarious agents. Liability under the Product Liability Act remains unaffected.
  • (2) The platform operator assumes no liability for damages resulting from the unauthorized use of a user account. Furthermore, the platform operator is not liable for illegal or inadmissible use of the online presence by users.

§8 Termination of services

  • (1) In the event that a user violates some or all provisions of these GTC or legal provisions, we reserve the right to temporarily or permanently suspend or terminate our services to this user in whole or in part and to block or terminate the user account.
  • (2) Should we determine that information provided by the user is insufficient, incorrect, fraudulent or otherwise illegal, we reserve the right to block the user account. Meanwhile, we will contact the user through the contact details provided during registration to resolve the problem. If the user does not respond to this, we are entitled to cancel his user account. >
  • (3) In addition, the platform operator and the user are entitled to terminate the user registration at any time with a notice period of two weeks to the end of the calendar month.

§9 Data protection

  • (1) We collect, process and use personal data of our users (e. g. the personal data provided by the user during registration, such as name and e-mail address) in accordance with the applicable legal provisions.
  • (2) Personal data will not be passed on to third parties unless we are obliged to do so by court or official order or the user has given his consent.
  • (3) We assure you that we will take all necessary technical and organizational measures to guarantee the security of personal data and to prevent its modification, loss and unauthorized access. Further information can be found in our data protection information.

§10 Final clauses

  • (1) This agreement and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. This choice of law is only valid to the extent that not mandatory applicable consumer protection regulations of the state in which the consumer has his habitual residence at the time of his order are withdrawn.
  • (2) Should one or more clauses of this agreement be or become invalid or unenforceable, the agreement shall otherwise remain valid. The parties shall jointly endeavour to replace the invalid or unenforceable clause by an effective and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable clause. The same applies to loopholes in this agreement.
  • (3) Changes to the provisions of these GTC must be made in writing. This also applies to a cancellation of this written form agreement.
  • (4) Insofar as a declaration is to be made "in writing" or "in writing" in accordance with this contract, this declaration must identify the exhibitor and be transmitted to the other contracting party either as an original, a fax or an e-mail with a simple electronic signature.
  • (5) The parties may only advertise this business relationship with the written consent of the other party.
  • (6) Place of performance is Hamburg. The court of jurisdiction for disputes arising from and in connection with these Terms of Use shall be the court competent for Hamburg, unless statutory provisions conflict with this provision.
  • (7) In interpreting this agreement, the German version shall prevail. Any other language versions, in particular the English version, are for your understanding only.

The platform operator does not participate and is not obliged to participate in dispute resolution procedures of a consumer arbitration body.

March 2019

© EventSuite LLC, Delaware, USA. All rights reserved.