GTCs

1.    Validity

These terms of use relate to all services and use associated with the provision of the internet platform for the Berlin cooperation platform ‘marktreif.berlin – Business meets Research’ (hereinafter referred to as ‘marktreif.berlin’). marktreif.berlin is a service provided by the operator Berlin Chamber of Industry and Commerce (hereinafter referred to as ‘the operators’) for the benefit of those seeking information and partners (hereinafter referred to as ‘the users’).
By using marktreif.berlin and in particular by entering data into marktreif.berlin, users expressly agree without further declaration to accept the following terms.
We hereby reject any terms of use of the user which conflict with or deviate from our own. They shall form an integral part of the contract only if we have accepted their validity in writing.

2.    General description of services

marktreif.berlin is a free service which allows companies and research institutions to showcase themselves outside their own sector, and to identify cooperation partners. It creates transparency in terms of the region’s players from the fields of research and business and the services they provide, and is an important addition to what is currently available in this respect. The platform makes it possible for new commercial collaborations, strategic alliances and consortia to be created by stakeholders on Berlin’s research and business scene. We also offer services to companies and research institutions, such as specimen contracts, checklists for potential partners, information on patents and funding, and examples of best practice. All in all, marktreif.berlin enhances and professionalises the transfer of technology and know-how, and gives a competitive edge to companies and research institutions based in the commercial hub that is Berlin.

 

3.    Content, offers

In order to initiate knowledge and technology oriented collaborations, information is provided via marktreif.berlin, especially in the form of profiles of institutions and companies, cooperation requests and project details. If necessary, the operators can provide assistance to users.
As well as posting profiles of institutions and/or companies and making requests for cooperation and project partners, users can also search freely using key words, or alternatively target their search for suitable cooperation partners to the following fields of innovation:

  • Energy and the environment
  • Humanities
  • Health and life sciences
  • Information and communication technologies
  • Transport and mobility
  • Materials and production engineering 
  • Basic research in physics and chemistry
  • Mathematics and its applications
  • Creative industries and culture
  • Photonics and microsystems technologies
  • Economics, law and social sciences
  • Urban development and construction engineering


Companies, research institutions, researchers and students are able to establish contact with one another directly using the contact data the users have entered themselves.
marktreif.berlin is available for posting profiles of institutions and companies and seeking requests for cooperation and project partners only if the intention is to bring together suitable partners for collaborative ventures of the following kind:

  • Commisioned research
  • Bachelor theses, master theses, doctoral theses
  • Skilled trade and technical services
  • Joint ventures
  • Cooperation on research projects
  • Manufacture of components / small series production / manufacture of prototypes
  • Specialist know-how
  • Instruction / Training
  • Patent managing

At marktreif.berlin, no profiles of institutions or companies, projects or cooperation requests shall ever be released if the intention is as follows:

  • to sell, rent or lease products or services to private or commercial end customers
  • the exclusive offering of or search for spare production or service capacity or (contract) work
  • the search for and/or offering of investment or financial stakes or lenders of capital 
  • the search for and/or offering of active participation or successors (cf. instead the specialist site www.nexxt-change.org)
  • job vacancies and searches, employment agency services
  • property listings and searches
  • searches for franchise partners
  • searches for network marketing partners

As part of its quality assurance strategy, marktreif.berlin shall only ever approve profiles, projects or cooperation requests aimed at creating collaborative ventures of the kind listed above. This means that the company must always be commercially active and have registered as a business accordingly or, in the case of higher education or research institutions or their staff, researchers or students (Bachelor’s, Master’s or doctoral thesis), be seeking a knowledge or technology oriented partner for their research project.

 

4.    The posting and management of profiles

Users may edit, activate or delete their profile, project data or cooperation request. If the ‘store’ option is chosen, then once the profile, cooperation request or project has been approved by the editors of marktreif.berlin, it shall appear on the website and be publicly accessible.
Users shall be asked at regular intervals to confirm by a specific deadline that their profile, project data or cooperation request is current and is to continue to be displayed. If this confirmation is not forthcoming, the respective data may be inactivated or deleted by the operators so as to ensure that marktreif.berlin remains up-to-date.
Users are prohibited from disclosing access data assigned to them and/or chosen by them to third parties. They must keep this access data confidential. If the access data becomes known to a third party, or if it is suspected that this is the case, the user must inform the operators immediately that they suspect unauthorised use.

 

5.    Obligations of the user

Users must ensure that all the information they provide is accurate, and that it remains up-to-date.
Users shall bear sole responsibility under press and competition law and in all other respects for the documents and content they have posted. Users must ensure that they own all the rights of use required for provision on the internet (copyright, ancillary copyright and other rights).
Every user must undertake to observe confidentiality with respect to the emails and other data of other users, and not to make these accessible to third parties without the approval of their owner.
Profiles of institutions or companies, project data and cooperation requests may not be posted on behalf of a third party.
Users are prohibited from using the data of other users for purposes of commercial advertising.
Users shall indemnify the operators against any loss or damage they suffer which arises from claims made against the operators by other users or third parties whose rights have been infringed or which arise as a result of any other unlawful acts on the part of the user. This indemnification also applies to the costs of any legal action which proves necessary. In the event of a claim by other users or third parties, the user must also undertake to supply the operators immediately with all information of significance for assessing the claims and potentially mounting a legal defence.
The sending of contact messages to users is prohibited if their content is dubious from a legal point of view or is morally objectionable, or if the operators could not reasonably be expected to condone the act for some other reason.
The utilisation of marktreif.berlin for any reason other than that specified in Clause 3 above is prohibited.
The user pledges to comply with all the provisions of data and privacy legislation.

 

6.    Availability of marktreif.berlin

Irrespective of any contractual obligations, the operators reserve the right to alter, disconnect or supplement features of marktreif.berlin in whole or in part.
The availability to users of the features of marktreif.berlin shall be contingent upon them being technically available for retrieval on the internet. The operators shall endeavour to provide users with access to marktreif.berlin without malfunctions, disruption or loss of data, and to notify users in good time of interruptions to the service and the limited availability of features. The ability to use marktreif.berlin may be restricted and/or disrupted temporarily because of maintenance or repair work which is operationally essential, upgrading, concerns about security or capacity, and/or malfunctions over which the operators have no influence (e.g. malfunctions in communication networks, power outages, etc.).
Scheduled maintenance work shall normally be carried out during low-use periods. Malfunctions may potentially result in a loss of user profile data. Users are personally responsible for backing up their data. No compensation may be claimed for data loss in relation to the restoration of backed-up data reposted by the user.

 

7.    Violations of the terms of use

The operators are entitled to take measures against a user if there are specific grounds for believing that the user has violated or is violating these terms of use and/or existing laws in their utilisation of marktreif.berlin.
If the operators become aware of any indication to this effect, e.g. because of complaints by third parties or other users, they shall notify the user accordingly. The operators may grant the user a period deemed reasonable in the light of the individual circumstances during which to respond to the allegations.
Measures which may be taken by the operators in the event of a violation include:

  • The issuing of a written warning to the user, requiring them to cease the violation immediately,
  • The blocking or termination of the user’s profiles, projects or cooperation requests on marktreif.berlin,
  • Temporary blocking of the user profile,
  • Permanent blocking of the user profile.

Users whose user profile has been blocked permanently shall be prohibited from creating a new user profile on marktreif.berlin.
Other claims on the part of the operators shall remain unaffected by the above provisions.

 

8.    Amendments to the terms of use

The operators are entitled to amend these terms of use at any time and without stating the reason for doing so. The operators shall notify users accordingly by email at least four weeks before the amended terms of use come into force.
Unless the user objects to these amendments within four weeks, the respective user shall be deemed to have accepted the amended terms of use. The user shall be reminded of the significance of this four-week period once again in the email detailing the amended terms of use.
If the user rejects the amended terms of use, the user relationship shall cease. If the operators are compelled to amend the terms of use for reasons of an adjudication, court order or ruling, the user shall not be entitled to object to these amendments.

 

9.    Disclaimer of liability

The operators do not guarantee a successful outcome to the brokering of cooperation agreements. The service we offer is merely to provide support in the search for potential cooperation partners.
Statements contained in the profiles of institutions and companies, cooperation requests and projects are based on the information provided by users. The operators shall endeavour, to the best of their ability, to publish details which are as complete and accurate as possible, but are not obliged to verify them or to conduct their own investigations. Consequently, they can accept no liability for the accuracy and completeness of such information. The same applies to any websites referenced by hyperlinks. The operators accept no responsibility for the presentation and content of websites accessed by such links. The content and structure of the web pages are protected by copyright. The use of texts, passages of text or images requires the prior consent of the operators.
The operators accept no liability for the potential misuse of information. It is possible for the service to be used in an inadmissible or unlawful way, despite prohibitions to this effect. The operators cannot accept any liability whatsoever for such inadmissible or unlawful use. Neither are the operators liable if data or information made accessible by the user to a third party is misused by the latter.
Furthermore, all claims on the part of the user for compensation for loss or damage shall be excluded. This applies in particular to compensation for indirect loss or damage (e.g. loss of prospective profits; consequential loss or damage; loss or damage caused not to the product itself, but to other items as a result of its use, unsuitability, or otherwise). This shall exclude claims by the user for compensation in the event of injuries to life, limb or health or where there is a violation of essential contractual obligations (cardinal duties), as well as liability for other loss or damage arising from a deliberate or grossly negligent breach of duty on the part of the operators, their legal representatives or their vicarious agents. Essential contractual obligations are those whose fulfilment is necessary in order to achieve the objective of the contract. This limitation shall also apply for the benefit of the legal representatives and vicarious agents of the operators, if claims are made against them directly.

 

10.    Copyright, Rights of use

Copyright, property and other rights enjoyed by the user shall be retained by the respective rights holder to their full extent, and should be asserted by the latter accordingly if so required or necessary. The involvement of marktreif.berlin in any associated legal disputes shall be excluded.
The use of marktreif.berlin does not imply any transfer of property rights, licences or other rights to the platform. The rights to distinguishing marks, titles, trademarks and copyright and other commercial property rights shall remain with the operators and/or their contractors without restriction.

 

11.    Legal venue and applicable law

The legal venue for all disputes arising from this user relationship shall be Berlin, to the extent legally permissible. The legal relationship between the operators of marktreif.berlin and the users shall be governed by the law of the Federal Republic of Germany.
Please send any questions, suggestions or complaints in writing to:

Dr. Constantin Terton
Industrie- und Handelskammer Berlin (Berlin Chamber of Industry and Commerce)
email: constantin.terton(at)berlin.ihk.de
Tel.: 030 31510-830
Address: Fasanenstrasse 85, 10623 Berlin

12.    Severability clause

If one provision of these General Terms and Conditions is ineffective, the other provisions shall remain unaffected. The ineffective provision shall be deemed to have been replaced by a legally effective provision whose commercial intent and purpose approximates as closely as possible to that of the ineffective provision.