TERMS OF USE “VIRTUAL EVENTS”
Updated On : 17 March 2021
1. GENERAL
For the use of “virtual events” i.e. Virtual Conference, which are technically provided by Crescendo Worldwide Private Limited (CWWPL), the following terms of use apply.
The use of the Select Maharashtra conferencing Customer Portal (hereinafter referred to as the Select Maharashtra.”) is subject to the Terms & Conditions of Select Maharashtra conferencing, as long as nothing is provided to the contrary in these terms and conditions of use.
These terms of use govern the contractual relationship between the user and Crescendo Worldwide Private Limited (CWWPL), regardless of which website the user uses to register or log in.
The sole contractual partner of the user is the CWWPL. The organizer must ensure that these terms of use become the basis of his contractual relationship with the user.
The offer of the services of the organizer is aimed exclusively at adults of full age.
By registering and participating in “virtual Conference” the user accepts the conditions.
On the platform, the organizer offers registered users the opportunity to participate in its invitation to Virtual Conference for Turkish and Europen Automotive / Railway / Agriculture / Defense / IT & ICT / Aerospace / Pharma / Bio / Electric & Electronic / FMCG Companies for generating Business for Exhibiting Companies & Visiting Companies and or such as virtual conference on the Internet for a period determined by the Crescendo Worldwide Private Limited on 27th April 2021 .
Any use of the services and content offered on the platform, with the exception of the options expressly provided on the platform, requires the prior written consent of the organizer i.e. Crescendo Worldwide Private Limited.
The CWWPL makes the data and / or information provided by the user available to other users only insofar as these data and / or information do not violate legal regulations, as shown in this user agreement or the terms and conditions. The Crescendo Worldwide Private Limited are entitled to remove unlawful content from the platform without prior notice.
The user acknowledges that a 100% availability of the platform is not technically feasible. However, the CWWPL endeavors to keep the platform in good intention and as faithful as possible. In particular maintenance, security or capacity issues as well as events that are beyond the control of the Crescendo Worldwide Private Limited (such as disturbances of public communication networks, power failures, etc.), but also software and hardware errors, especially the organizer’s or the user’s software and hardware and IT infrastructure may cause temporary disruption or suspension of services on the platform. A claim of the user for availability of the platform does not exist.
The Select Maharashtra only offers the user a virtual conference. The users are solely responsible for the execution and fulfillment of the mutually concluded contracts. Crescendo Worldwide Private Limited assumes no liability if no contact between the users takes place via the platform in connection with such a contract. Finally, Crescendo Worldwide Private Limited is not liable for breaches of duty by the users resulting from the contracts concluded between the users.
The user has to register before using the services on the platform. The user is only entitled to register if he has been invited to participate and thus register by the CWWPL of the event. The registration is free of cost for this event only.
The user assures that all data provided by him during the registration is true, correct and complete. The user is obligated to immediately inform the CWWPL of changes to his user data as long as he participates. The user assures that he is of age
at the time of registration. Each user may register only once.
By completing the registration process, the user makes an offer to conclude a contract for the use of the platform. The organizer accepts this offer by activating the user for the services of the platform. Through this assumption, the contract between the user and the CWWPL comes about. When registering, the user selects a password that he/she /they undertakes to keep confidential.
4.1. The user can gain access to the Select Maharashtra. Customer Portal via the www.selectmaharashtra.com. website or via a direct link portal . Data is transferred only with the use of SSL encryption.
4.2. Personal registration is needed in order to use the Select Maharashtra Customer Portal. To register, users enter their e-mail address as username and choose a system password. In order to enable conference rooms in the Customer Portal, users must verify themselves with a moderator PIN. Crescendo Worldwide draws attention to the fact that every person who knows a username and the associated password is able to use the Select Maharashtra Customer Portal in place of the user. Among other things, this enables personal data (e.g. contact or invoicing data) to be changed definitively.
4.3. Users must keep their password secret and inform it immediately if they suspect that it has or could have become known to an unauthorized third party. Users should not write down or save their password and username. In particular, the “cache” (temporary memory) of the browser used must be deactivated or deleted after use. The user is responsible for keeping data updated and for the completeness and correctness of the data entered. In the case of a change of e-mail address, users undertake to change the information in the CWWPL Customer Portal immediately. Data should only be released by users in the Customer Portal if the Internet browser window shows that the data transfer is encrypted (a key or padlock symbol). The contractual provisions, user guidelines and safety instructions must be complied with by users. Users must take care to ensure that there are no computer viruses on their systems, and implement the appropriate preventive measures. Users undertake only to use third-party software, including encryption software, that is obtained from widely-known, trustworthy providers.
4.4. Access to the Select Maharashtra Customer Portal is automatically barred if a user enters the password incorrectly three times in succession. The user can have access unbarred by customer service. Crescendo Worldwide may also bar access without giving reasons.
4.5. Legally-binding declarations of intent are deemed to have been given by a user once the relevant box has been clicked to authorize a transfer to Crescendo Worldwide. Declarations of intent given in this way satisfy the contractual requirement for written form. Crescendo Worldwide is entitled to process declarations solely on the basis of allocation by means of the e-mail address and password that were entered when logging in. The user is hereby informed that the provision of incorrect information may result in errors and therefore adversely affect the user.
Each party accepts their own transmission risk and is liable for any damages arising from incorrect transmission. CWWPL is not liable for damages arising from the misuse of the password or username (e-mail address) or by the entry of incorrect information. CWWPL will make every effort to ensure that the Select Maharashtra Customer Portal is accessible constantly. However, CWWPL does not guarantee that the services offered via the Select Maharashtra Customer Portal will be available at all times without interruption and without error. Furthermore, CWWPL does not accept liability for damages caused by errors in the user’s IT systems.
6. APPLICABLE LAW, COURT OF JURISDICTION
6.1. The law of Indian is applicable.
6.2. In the case of contracts with traders, legal entities in public law or special funds under public law, the place of jurisdiction is Pune only.
If you (user) register here for a purpose that can neither be attributed to your commercial nor to your independent professional activity.
The User can nullify your contract. Just declare you wish within 3 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract.
The user is obliged to provide only true and non-misleading information in his profile and his communication with other users and not to use pseudonyms or artist names.
Furthermore, the user is obliged to observe the applicable laws and all rights of third parties when using the content and services on the platform. In particular, the user is prohibited from -
a) the use offensive or libelous content, whether that content concerns other users or other persons or companies;
b) to use pornographic or anti-juvenile content to promote, offer or distribute pornographic or anti-youth protection products,
c) to engage in or promote anti-competitive activities, including progressive customer advertising (such as chain, snowball or pyramid schemes)
d) using, without being authorized to do so, or promoting, offering or distributing legally protected goods or services, content protected by copyright, trademark, patent, design or utility model law,
e) to harass other users unreasonably (in particular by spam) (see § 7 law against unfair competition UWG),
f) to refrain from the following harassing acts, even if they do not specifically violate any law: lewd or sexual communication (explicit or implicit); Use of mechanisms, software or scripts in connection with the use of the platform or any action which is likely to impair the functionality of the platform, in particular to overburden it.
The CWWPL may take the following measures if there are concrete indications that a user is violating legal regulations, third-party rights or these terms of use or if the CWWPL has any other legitimate interest:
a) Delete content that the user has discontinued.
b) Restricting/blocking/banning access to the services of the platform.
The CWWPL reserves the right to change the services offered on the platform or to offer different services, unless this is unreasonable for the user.
10. TERMINATION OF THE CONTRACT.
The CWWPL may terminate the use without notice for good cause. The user and the CWWPL can terminate the usage relationship at any time without giving reasons. Termination should include the username and the user’s email address used during registration.
The CWWPL under consideration of all circumstances of the individual case and weighing the interests of the CWWPL and the user is not reasonable. Important reasons are in particular:
a) non-compliance by the user;
b) violation of the user’s contractual obligations, in particular these terms of use;
c) damage to the reputation of the services offered by the online presence of the user (for example, if, after registration, it is determined that the user has committed an offense and the other users are aware of this);
d) the advertising by the user of companies or associations (or their activities) under the observation of public authorities responsible for the public safety or the protection of minors;
e) damage to other users.
The CWWPL assumes no responsibility for the content, data and / or information provided by the users of the platform as well as for content on linked external websites. In particular, the CWWPL does not guarantee that this content is true, that it can fulfill a specific purpose or serve such a purpose. The user is solely responsible for the content provided by the user.
12. WHEN WE TAKE PHOTOGRAPHS AT THE TRAD-E FAIR AND OR VIRTUAL CONFERENCE
i. Processing purposes
We process trade show photos (including any other personal data that you provide to us in connection with the photos) for the documentation of our trade fairs and or virtual Conference. In addition, we process trade show photos—in particular especially through publication and usage—for press and advertising purposes in various media (in particular print (e.g. brochures) and online (websites, social media, etc.)). This includes the publication, use and processing for the purpose of press news and public relations, editorial reporting as well as for advertising and marketing purposes in connection with Magnetic Maharashtra 2.0 and the trade shows, conferences and other events it organizes.
ii. Legal basis
The legal basis for the creation and use of trade show photos is Section 6 para. 1 lit. f) GDPR (legitimate interest in the documentation of our fairs and our legitimate interests in connection with the above-mentioned processing purposes). In the required balancing of interests, your privacy rights will be honored appropriately.
In case we wish to publish and use footage from you on which you are clearly identifiable for press and advertising purposes, we will request your consent. The legal basis for publication is then your consent pursuant to Section 6 para. 1 lit. a) GDPR.
In areas where the Copyright Act ,1957 is applicable, we may also disseminate, use and otherwise process trade fair photos pursuant for the following purposes:
Images from the field of contemporary history;
Images in which the persons appear only as an accessory next to a landscape or other location;
Photos of large crowds in meetings, elevators and similar events in which the persons represented participated;
Other photos that are not commissioned, provided the distribution or publication serves in the higher interest of art.
iii. Recipient categories
For the purpose of press and public relations, editorial reporting, advertising and marketing purposes, the photos taken at trade shows may be sent to journalists, media companies, press and photo agencies, including to platforms abroad, and published by us. For the fulfillment of orders, we also commission service providers, in particular for the production of trade fair photographs. These service providers are obligated by contractual agreement to exercise the same care when handling personal data as we do ourselves.
Claims for damages – for whatever legal reason – against CWWPL (including their vicarious agents), which presuppose slight negligence, only exist if a material contractual obligation / cardinal obligation has been violated. A cardinal obligation is a duty on whose observance the user was allowed to trust and whose fulfillment makes the proper execution of the contract possible in the first place. Claims for damages in this case are limited in height to the typical foreseeable damage.
The restrictions do not apply to an intentional or grossly negligent breach of duty. Claims due to injury to life, limb or health as well as property damage under the Indian Laws remain unaffected. The above-mentioned exclusions of liability and limitations also do not apply in the case of the assumption of explicit guarantees by the CWWPL as well as in the case of claims for lack of warranted characteristics.
Should any individual provisions of these terms and conditions be invalid, this shall not affect the remaining provisions or the contract itself.
15. EXEMPTION
The user indemnifies CWWPL against all claims, including claims for damages, which other users or other third parties assert against CWWPL due to a violation of their rights by the content posted by the user on the platform. The user further releases CWWPL from all claims, including claims for damages, the other users or other third parties against CWWPL for infringement of their rights by the use of the services of the platform by the user claim. The user assumes all reasonable costs incurred CWWPL due to a violation of third-party rights, including the reasonable costs incurred for the defense of the law. All further rights and claims for damages of CWWPL remain unaffected. The user has the right to prove that CWWPL actually incurred lower costs. The above obligations of the user do not apply, as far as the user is not responsible for the respective infringement.
If the contents of the user violate the rights of third parties, the user will design the contents without any protection. If the rights of third parties are violated by the use of the services of the platform by the user, the user will cease the use contrary to contract and / or illegal use immediately upon request.
The organizer undertakes to comply with the legal regulations – in particular the Information Technology Act,2000 and the Data Protection Act of the European Union (DS-GVO) – when processing personal data. In particular, CWWPL will not pass on the user’s personal data to third parties or inform third parties otherwise. Further details on the processing of users’ data are set out in the privacy policy accessible from the platform.
17.TRANSFER OF DATA TO COMPANIES OUTSIDE THE EU/EEA
As explained in this data protection notice, CWWPL will in some cases transfer personal data to companies that are based in countries outside the EU / EEA, e.g. the transfer of contact data to subsidiaries and/or sales partners of CWWWPL where visitors / companies are based abroad.
Where data is transferred to controllers outside the EU / EEA, CWWPL will provide for an adequate level of data protection by concluding EU model clauses, unless the recipient of the data is validly registered with the US Data Privacy Shield, the exemptions of Art. 49 GDPR apply, or the EU commission has decided that the recipient country provides for an adequate level of data protection.
The user agreement and its amendments must be in writing. Additional agreements do not exist. The CWWPL reserves the right to change these terms of use at any time, unless this is unreasonable for the user. In this case, the organizer will notify the user in good time about changes to the terms of use. If the user does not object to the validity of the new terms of use within 3 days of the notification, the changed terms of use shall be deemed to have been accepted by the user. The organizer will inform the user in the notification of his right of objection and the meaning of the opposition period.
Should individual provisions of these Terms of Use be or become ineffective, this shall not affect the validity of the remaining provisions.