Terms and conditions
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These terms and conditions are applicable to
- the use of the service and access to businettes.com and incubator.businettes.com, and
- any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are encouraged to carefully read this document.
www.businettes.com and www.incubator.businettes.com is offered by:
Businettes UG
Ettalstrasse 18
81377 Munich
E-mail address of the provider: info@businettes.com
Information about businettes.com
Businettes is a digital incubator for women interested in founding a company, which accompanies them in the concretization of their business idea up to the pitch-perfect business case.
The following documents, to which explicit reference is made, are part of these GTC:
The most important at a glance
- The right of withdrawal is only available to European consumers.
- It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example, only for consumers or only for users who are not acting as consumers. Any such restrictions on the scope of application shall be expressly referred to in each clause concerned. In the absence of such reference, the clause shall apply to all users.
Terms of use
Unless otherwise specified, access to businettes.com is subject to the terms and conditions set forth in this section.
Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are specifically identified in this document.
By using the Service, Users acknowledge that they comply with the following terms and conditions:
- Users may be consumers or business customers;
Account Creation
In order to use the Service, Users must register or create a User account by providing any required data or information completely and truthfully.
The Service is only available to registered users.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via businettes.com.
Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to immediately and unequivocally notify the Provider via the contact information provided in this document if they believe that their personal information, including user accounts, login credentials or personal data, has been breached, unlawfully disclosed or stolen.
Termination of User Account
User accounts may be terminated at any time as follows:
- By contacting the Provider directly using the contact information provided in this document.
Blocking and deletion of the user account
The provider reserves the right to block or delete user accounts in the following cases at its own discretion at any time and without prior notice:
- The user has violated these GTC; and/or.
- The user's access to businettes.com or use of the service by the user may cause damage to the provider, other users or third parties; and/or
- The User's use of the Service may violate any law or regulation; and/or
- in cases of prosecutorial investigations or other governmental proceedings and orders; and/or
- The Provider, in its sole discretion, deems the content or use of the account to be inappropriate, offensive, or in violation of this Agreement.
The User shall not be entitled to any damages, indemnification or reimbursement as a result of the blocking or deletion of the User's account.
The blocking or deletion of the user account for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Content available via businettes.com
Unless otherwise stated or clearly identifiable, all content available through businettes.com is owned and provided by the Provider or its licensors.
The Provider makes every effort to exclude the possibility that the content made available via businettes.com violates applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaints preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.
Rights to the content available via businettes.com
All rights to the content are reserved to the provider.
Users may only use the content to the extent necessary or - even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to or license the contents to third parties, or to enable third parties - even without the user's knowledge - to perform the aforementioned actions via the user's own device.
To the extent expressly indicated via businettes.com, the user may download, reproduce and/or distribute selected content available via businettes.com for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are properly affixed.
This is without prejudice to any legal limitations or exceptions.
Contents of users
Users have the ability to upload, share or provide their own content on businettes.com.
By uploading, sharing or providing their content as described, users assure that they are authorized to do so and that they do not violate any legal regulations or rights of third parties.
Rights to user content
By uploading their own content to businettes.com, users grant the provider a non-exclusive and royalty-free right to use and process the content in order to operate and maintain businettes.com as contractually provided.
To the extent permitted by law, users waive the exercise of any moral rights in connection with the content submitted to businettes.com.
Users acknowledge, accept and confirm that all content they make available through businettes.com is made available under the same general terms and conditions applicable to other content made available through businettes.com.
Users are responsible for content they upload to, or post, share or make available through businettes.com.
Users acknowledge and accept that the Provider will pre-filter or moderate such content.
Therefore, Provider reserves the right to reject, censor, remove, delete, block or correct such content at its sole discretion and to deny the uploading User access to businettes.com without prior notice if it believes that the content violates any legal requirements or third party rights, or may otherwise adversely affect Users, third parties, Provider and/or the availability of the Service.
Due to the removal, deletion, blocking or correction of content, the user responsible for the content concerned shall not incur any claims for damages or reimbursement.
Users agree to indemnify and hold harmless the Provider from any claims and/or damages arising out of or in connection with Content they make available through businettes.com.
Access to external resources
Users may be able to access external resources provided by third parties through businettes.com. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content or availability.
The terms and conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted are governed by the contractual terms of each third party or, in the alternative, by applicable law.
Permitted Use
Businettes.com and the Service may only be used as intended and in accordance with these GTC and any applicable legal provisions.
Users themselves are responsible for ensuring that their access to businettes.com and/or their use of the service does not violate any legal regulations, ordinances or third-party rights.
Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to businettes.com or the service, terminating contracts, reporting objectionable acts taking place via businettes.com or the service to the competent authorities - such as judicial or administrative authorities - if users demonstrably or presumably:
- violate any laws, regulations or these TOS; or
- violate the rights of third parties; or
- significantly harm the legitimate interests of the provider; or
- insult the provider or a third party.
Software License
All rights to the software or technical solutions on which businettes.com is based, or which are embedded in, integrated into or connected with it, are the exclusive property of the Provider and/or its licensors.
Subject to the condition that the user complies with these GTC and notwithstanding any deviating provisions of these GTC, the provider grants the user only a freely revocable, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated into the service within the scope and for the purposes of the intended use of the service offered.
Users are in particular not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all related documentation are exclusively owned by the provider or its licensors.
All grants of rights and licenses shall automatically lapse upon termination of this Agreement for any reason whatsoever.
API Terms of Use
Users may access their businettes.com related data via the API interface (API). Any use of the API, including use of the API through a third party product/service, is subject to these TOS and the following additional terms:
- User acknowledges and expressly accepts that Provider shall not be liable for any damages or losses resulting from User's use of the API or use of any third party product/service accessing data through the API.
Terms of sale
Paid products
Some of the products available through businettes.com as part of the Service are subject to a fee.
Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to businettes.com and to the sections provided for each.
To make a purchase, users must register or log in through an existing user account.
Product description
Prices, descriptions and availability of products are available for viewing in the appropriate sections on businettes.com and are subject to change without notice.
Although products are presented through businettes.com with the utmost technical care, representations of any kind (including graphical representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the purchased product.
The features of the selected product will be explained during the purchase process.
Purchase process
All steps from selecting a product to placing an order are part of the purchase process.
The purchase process includes the following steps:
- The user selects the desired product from the assortment and, where provided, specifies the desired quantity or characteristics so that the product appears in the product selection.
- After providing all the required information, Users must carefully review their order and then confirm and submit it by using the appropriate button or mechanism on the Service (businettes.com). By doing so, users accept these Terms and Conditions and agree to pay the agreed purchase price.
Placing the order
When the User places an order, the following applies:
- By placing the order, the contract is concluded. Placing the order therefore creates an obligation for the User to pay the price, taxes and any other fees and expenses as indicated on the order page.
- If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order shall constitute an obligation on the part of the user to cooperate accordingly.
- After placing the order, users will receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the e-mail address provided by the user for this purpose.
Prices
Users will be informed of all fees, taxes and costs (including any shipping costs) to be borne by them during the purchase process and before placing the order.
Prices are displayed via businettes.com as follows:
- Including all applicable fees, taxes and charges;
Offers and discounts
The Provider may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditions listed by businettes.com in the relevant section.
Offers and discounts are always granted at the sole discretion of the Provider.
Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.
As the case may be, discounts or offers are valid only for a limited period of time or while stocks last. If an offer or discount is limited in time, the time information refers to the time zone of the provider, unless otherwise stated. This can be found in the corresponding information provided by the provider in this document.
Coupons
Offers or discounts may be based on coupons.
In the event of a breach of the conditions applicable to coupons, the Provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or different rules for the use of the Coupons found on the relevant information page or the Coupon itself shall always prevail.
Unless otherwise stated, the following rules apply to the use of Coupons:
- Each Coupon is valid only if used in the manner and within the time period specified on the Website and/or in the Coupon;
- A coupon may only be used in its entirety and at the time of purchase - partial use is not permitted;
- Unless otherwise specified, single-use coupons may only be used once per purchase and therefore may only be used once for installment purchases;
- Coupons cannot be used cumulatively;
- The coupon may only be redeemed within the period specified in the offer. After the expiry of this period, the coupon automatically expires and excludes any possibility of exercising the rights arising from the coupon, including a payout.
- The User shall not be entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended for non-commercial use only. Any reproduction, imitation or commercial trading of the Coupon is prohibited, as well as any illegal activity related to the purchase and/or use of the Coupon.
Payment methods
Information on accepted payment methods will be provided during the checkout process.
Some payment methods may only be available subject to additional conditions or fees. In these cases, please refer to the relevant section of the service (businettes.com) for relevant information.
All payments are processed through third-party providers. Therefore, businettes.com does not collect payment information - such as credit card details - but only receives a notification when the payment is successfully completed.
If payment through available methods fails or is declined by the payment processor, the provider is not obligated to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.
Payment by installments
Payment of the purchase price may be made in two or more installments. The terms of such payment models are set forth in the relevant section of the Service (businettes.com).
Certain products may be excluded from this payment model.
Maintenance of the rights of use
Users do not acquire any rights to use the purchased product until the full purchase price is received by the Provider.
Delivery
Delivery of services
The purchased service shall be provided or made available within the time period specified via businettes.com, or as notified prior to placing the order.
User rights
Right of withdrawal
Unless there are exceptions, the user may revoke the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can learn more about the conditions of withdrawal.
To whom the right of withdrawal applies
Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They can withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.
For users who are not acting as European consumers, the rights set out in this section do not apply.
Exercise of the right of withdrawal
In order to exercise his right of withdrawal, the user must send the provider an unambiguous statement indicating his decision to withdraw.
For this purpose, Users may use the model withdrawal form provided in the "Definitions" section of this document. However, users are free to express their revocation decision by means of an unambiguous statement in any other appropriate manner. In order to meet the deadline for exercising this right, the user must send the notice of withdrawal before the end of the withdrawal period.
When does the withdrawal period expire?
- When purchasing a service, the withdrawal period expires 14 days after the conclusion of the contract, unless the user has waived the right of withdrawal.
Effects of the revocation
Users who duly revoke a contract will be refunded all payments made to the provider, including delivery costs if applicable.
However, the provider is not obliged to refund additional costs if the user has opted for a type of delivery other than the cheapest standard delivery offered by the provider.
The refund shall be made without undue delay, but no later than 14 days after the day on which the provider is informed of the user's decision to revoke the contract. The Provider shall make the refund using the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User. In any case, the User shall not incur any costs or fees as a result of the refund.
...for service contracts
If a User exercises the right of withdrawal after having requested the performance of the service before the expiry of the withdrawal period, the User shall pay the Provider an amount proportionate to the part of the service performed.
This amount shall be calculated on the basis of the contractually agreed total price and shall be proportionate to what has been performed up to the time of the revocation compared to the total scope of the contractually agreed services.
Liability and compensation
Users in Australia
Limitation of Liability
Warranties, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) are not affected in their entirety by the provisions of these TOS. The same applies to any similar mandatory national or territorial laws that give users indispensable rights. To the extent permitted by law, our liability to Users - including liability for breach of a mandatory right and any other liability not excluded by these TOS - shall be limited, in the reasonable discretion of the Provider, to supplementary performance or reimbursement of the costs incurred in providing the Services again.
Users in the USA
Disclaimer of Warranty
Businettes.com is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties - express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law. Any advice or information, whether oral or written, obtained by User from Provider or through the Service shall not create any warranty unless expressly stated.
Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, accurate or correct; that the Service will meet Users' expectations; that the Service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. All content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data that results from such download or User's use of the Service.
The Provider does not warrant or assume any responsibility for, nor does it endorse, any products or services advertised or offered by any third party through the Service or any hyperlinked website or service. Transactions between Users and third party providers of products or services are neither facilitated nor monitored by the Provider.
The Service could become inaccessible or stop working properly with the User's web browser, mobile device and/or operating system. Provider shall not be liable for any perceived or actual damages arising from the content, operation, or use of this Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This Agreement gives Users certain rights, while it may give Users other rights depending on the jurisdiction. The disclaimers, exclusions, and limitations of liability under the Agreement are void where prohibited by applicable law.
Limitation of Liability
- To the fullest extent permitted by law, in no event shall Provider or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers or employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and
- any damages and losses resulting from hacking, tampering or other unauthorized access or use of the Service or User Account, and the information contained therein;
- any errors, mistakes or inaccuracies in the content;
- personal injury or property damage of any kind arising out of User's access to or use of the Service;
- any unauthorized access to the Provider's backup servers and/or the personal information stored therein;
- any interruption or cessation of transmission to or through the Service;
- any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions in content or for any loss or damage resulting from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
- the defamatory, offensive or illegal conduct of any user or third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, revenues, liabilities, obligations, damages, losses or costs shall be limited in amount to the amount paid under this Agreement by User to Provider in the preceding 12 months or, if less, over the entire term of this Agreement between Provider and User.
This limitation of liability shall apply to the fullest extent permitted by the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Provider has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to User. These TOS give the user certain rights, while other rights may be available to the user depending on the jurisdiction. The exclusions, and limitations of liability under the TOS, if prohibited by applicable law, are void.
Indemnification
User agrees to indemnify, defend and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, without limitation, legal fees and expenses, arising out of or in connection with
- User's access to and use of the Service, including any data or content transmitted or received by User;
- the User's breach of these TOS, including, but not limited to, the User's breach of any of the representations and warranties contained in these TOS;
- the violation by the User of any third party rights, including but not limited to personal rights or intellectual property rights;
- the violation by the User of any legal requirements, rules or regulations;
- any content transmitted from the User's account, including in the case of access by third parties using the User's username, password or other security measures, if any, and including misleading, false or inaccurate information;
- the alleged misconduct of the user; or
- the violation of any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common Provisions
No Waiver
Provider's failure to assert any right under these TOS or to enforce any provision hereof shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
Service Interruption
In order to provide the best possible service, the Provider reserves the right to interrupt the Service for maintenance, system updates or other changes. He will inform the users appropriately.
Within the limits of the law, the Provider may also decide to suspend or terminate the Service entirely. In the event of termination of the Service, the Provider will cooperate with Users to enable them to delete personal data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g. labor disputes, infrastructure failures or power outages, etc.).
Resale
Users may not reproduce, duplicate, copy, sell, resell or exploit businettes.com and the Service in any way without the express prior written permission of the Provider, granted either directly or through a lawful reseller program.
Privacy Policy
For information about the use of their personal information, users are referred to the Service's (businettes.com) Privacy Policy, which is hereby made a part of these TOS.
Intellectual Property Rights
Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (businettes.com) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
All trademarks, names or logos - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (businettes.com) are and shall remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
Changes to these GTC
The Provider reserves the right to change or otherwise modify these TOS at any time. In this case, the Provider will inform the User appropriately about these changes.
Such changes will affect the relationship with the User only for the future.
By continuing to use the Service, the User accepts the modified GTC. If Users do not wish to be bound by the changes, they must stop using the Service. If the revised terms are not accepted, either party may terminate the contract.
For the relationship prior to the User's acceptance of the changes, the valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.
If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.
Assignment of rights and obligations
The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User.
The provisions on amendments to the GTC shall apply accordingly.
Users may not assign or transfer their rights or obligations under the GTC in any way without the Provider's written consent.
Contacts
All communications related to the use of the Service (businettes.com) must be sent to the contact information provided in this document.
Severability clause
If any provision of these TOS is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
If any provision of these TOS is or is deemed to be invalid, void or unenforceable, the parties will use their best efforts to amicably reach an agreement on valid and enforceable provisions to replace the invalid, void or unenforceable portions.
Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable legal provisions, if permitted or provided for under the applicable law.
Notwithstanding the foregoing, the invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire agreement, unless such provision is material to the contract or of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would lead to an unreasonable hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.
Authoritative version of these GTC
These GTC are drawn up and revised in the following language: German. Other language versions of these GTC are provided for information purposes only. In case of discrepancies between different language versions, the original version shall always prevail.
Applicable Law
These GTC are governed by the laws of the place where the provider has its registered office, with the exception of conflict of law provisions. Users can find the location of the registered office in the relevant section of this document.
Exception for European consumers
Notwithstanding the foregoing, users who are acting as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.
Jurisdiction
The courts of the place where the Provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over any dispute arising out of or in connection with these GTC.
Exception for European consumers
This does not apply to users who act as European consumers nor to users who act as consumers and have their (residential) seat in Switzerland, Norway or Iceland.
Consumers in the United Kingdom
Consumers resident in England and Wales may bring claims in connection with these T&Cs in the courts of England and Wales. Consumers resident in Scotland may bring claims in connection with these T&Cs in the courts of Scotland or England. Consumers resident in Northern Ireland may bring claims in connection with these T&Cs in the courts of Northern Ireland and England.
Dispute resolution
Amicable dispute resolution
Users may address all disputes to the provider, who will attempt to settle them amicably.
The user's right to take legal action shall always remain unaffected. However, in case of any dispute regarding the use of the Service (businettes.com) or the Service, the User is requested to contact the Provider using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider's email address provided in this document.
The Provider will promptly process the request within 21 days of receipt.
Online dispute resolution for consumers
The European Commission has established an online Alternative Dispute Resolution platform, which is an out-of-court method for resolving all disputes related to and arising from online sales and service contracts.
As a result, any European consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.
France: Mediation
Within the period of one year from the submission of a written complaint to the Provider regarding a dispute arising from these T&Cs, consumers have the right to initiate mediation proceedings
- before a mediation body recognized by the French government. The relevant list is available at the following link.