General terms and conditions
These general terms and conditions apply to the contractual
relationship between Koelnmesse GmbH ("Koelnmesse") and the users of
the "ambista" online platform ("online platform").
These general terms and conditions exclusively govern the contractual
relationship between the contracting parties. The general terms and
conditions of the user do not form part of the contract.
The online platform is an online business network that allows users to
search for and manage business contacts in the furniture and interiors
industry within a closed communication and contact portal.
Users of the online platform can only be companies. This group of users
is divided into three groups:
a. Companies of the interiors industry that do not exhibit at the
interiors trade fairs of Koelnmesse.
b. Companies of the interiors industry that do not exhibit at the
interiors trade fairs of Koelnmesse, but which purchase ambista as an
account subject to payment.
c. Companies that are exhibitors at imm, interzum, Orgatec or another
interiors trade fair of Koelnmesse. These latter user groups in b. and
c. are customers of Koelnmesse.
These customers in c. receive the Advanced Account in accordance with
the description of services in the context of the obligatory marketing
package with their registration for the corresponding trade air event.
The online platform is provided free of charge in accordance with these
general terms and conditions and the service description agreed upon on
conclusion of the contract.
Pure usage without login data is also free of charge. The contract
takes effect for this previously mentioned form of usage through the
use of the platform. This encompasses the search engine and the blog.
Free account means that the user register, creates his own profile and
can contact other users.
A differentiation must therefore be made between the simple user and
the user subject to the payment of a fee.1 Subject matter of the contract and
conclusion of the contract
1.1 During the term of this contract, Koelnmesse will grant the user
access to the online platform to the extent agreed.2 Services provided by Koelnmesse
Koelnmesse grants the customer free access to the online platform. The
duration of access is limited to the term of the contract. The scope of
service results from the Description of
2.2 The online platform enables users who are customers to publish an
expanded profile for the promotion of their company. The customers are
exclusively responsible for the content and Koelnmesse has no influence
2.3 If Koelnmesse provides the user with the option of contacting other
users via the online platform, then Koelnmesse will not participate in
this communication in terms of content, and has no influence on the
communication process or the contents of the communication. If
contracts are concluded by way of communication via the platform, then
these will apply exclusively between the users; Koelnmesse is never a
contracting partner in these cases.
2.4 Koelnmesse endeavours to provide the online platform with the
greatest possible availability. However, constant availability free of
interruptions is not guaranteed. This applies in particular to planned
maintenance work and technical failures not subject to the influence of
2.5 To the extent that Koelnmesse grants the user the possibility to
upload or publish content himself from the online platform, Koelnmesse
is not obligated to check the content of the user for its legality. If
Koelnmesse does, however, become aware of any user content that
breaches legal provisions, third-party rights or these general terms
and conditions, in particular Items 4.2 and/or 4.3, or that advertises
products that meet these criteria, then Koelnmesse reserves the right
to delete such content at any time and without notice.
2.6 Koelnmesse is entitled, but not obligated, to extend and further
develop the functional scope of the online platform and to add
expansions or further developments at any time without prior notice.
2.7 Koelnmesse reserves the right to limit the functional scope of the
online platform or to terminate these entirely. Koelnmesse will thereby
take the justified interests of the user into account.
2.8 Koelnmesse is entitled to have its services performed by
sub-contractors either in full or in part.
3 Obligations of the user
The user is obligated to keep its access data for the online platform
secret and not to pass it on to third parties.
3.2 The user is obligated to refrain from uploading or publishing any
content on the online platform that breaches legal provisions,
third-party rights (in particular copyrights), these general terms and
conditions or moral standards, in particular any pornographic, abusive,
offensive, extreme right-wing or left-wing content or other content
that does not comply with the free and democratic order.
3.3 When using the online platform, the user is obligated to observe
all legal provisions, and in particular to not perform any
anti-competitive actions or to unreasonably bother other users of the
online platform within the meaning of § 7 of the German Act Against
Unfair Competition (UWG) or to carry out, advertise or promote any
structural sales activities (such as multi-level marketing or
multi-level network marketing). It is also obligated to refrain from
using any mechanisms, software or scripts in conjunction with use of
the offered services, to not perform automatic copying of any content
(e.g. using crawlers), to not publish or forward any content belonging
to Koelnmesse or other users without authorisation, and to refrain from
performing any actions that could potentially impair the functioning of
the online platform infrastructure.
4 Usage rights
The user or his licensor remain the owner of all property rights and
copyrights to the content placed on the online platform. The user
grants Koelnmesse a simple, non-exclusive, transferable, sub-licensable
and free-of-charge usage right, without any restriction on location,
for all content uploaded by the user onto the Koelnmesse server or
published using the online platform. This right allows Koelnmesse to
use this content within the framework of the online platform, and in
particular to reproduce or distribute the content, to make it publicly
accessible, to send or forward it and to provide it to third parties in
other ways and in any form of media, as well as to edit and modify
it. The usage right is limited to the term of the contract.
Koelnmesse and its subcontractors are, however, entitled to make
back-up copies of the content to the usual extent, and to continue to
store these even after the end of the contract. Koelnmesse may use the
content during and following the term of the contract for its own
business purposes, meaning use it itself or through affiliated
companies for the purpose of promoting the online platform or services
related to it.
5.1 The user exempts Koelnmesse from any claims made by third parties
against Koelnmesse or its agents due to aculpable legal offense on the
part of the user.
5.2 If third parties make any claims against Koelnmesse, then
Koelnmesse must inform the user of these claims without delay and leave
the defence to the user at its own discretion, or carry out the defence
in coordination with the user. Koelnmesse will not recognise or
put beyond dispute any claims from third parties without the consent of
5.3 The exemption applies accordingly for fines and other official or
legal requirements and demands.
6 Warranty and liability
The liability and warranty of Koelnmesse are oriented to the legal
7 Term, end, blocking, cancellation
7.1 The contract is concluded for an indefinite period of time and can
be terminated by both parties with a period of notice of 5 days.
7.2 Accounts subject to payment have a termination period of notice of
4 weeks from the end of the minimum term for user group b. The minimum
terms amounts to 12 months.
7.3 In the case of user group c, the term is 12 months or until the
next trade fair of the same name. The details concerning the trade fair
result from the description of services.
7.4 The right to terminate the contract for good cause remains
7.5 A good cause is deemed to be present in particular if the user
commits a non-insignificant breach of its obligations as set out in
Item 4.2 and/or 4.3 of these general terms and conditions.
7.6 Regardless of the reasons behind them, terminations must always be
made in writing or text form.
7.7 Koelnmesse is entitled to block access of the user to the online
platform temporarily if the user has breached a major obligation
stipulated by this contract or an obligation set out in Item 4.2 or
4.3, or if there is reason to believe that the access of the user to
the online platform is being misused. In the event of a block,
Koelnmesse will inform the user via email and provide the opportunity
to make a statement.
8 Changes to the terms and conditions
These terms and conditions may be modified between Koelnmesse and the
user by way of an appropriate agreement as described below: Koelnmesse
sends the modified conditions to the user in text form before their
planned coming into force, and informs the user of the new regulations
and the date for their planned coming into force. Koelnmesse also
allows the user an appropriate period of 2 weeks to declare whether it
accepts the modified terms and conditions for further use of
services. If no declaration is provided within this period, which
starts upon receipt of the notification in text form, then the modified
conditions are deemed agreed. At the start of this period,
Koelnmesse will inform the user of the related legal consequences, i.e.
the right of objection, the objection deadline and the significance of
remaining silent.9. Data protection
Koelnmesse is obligated to observe data protection provisions and will
only use data placed at its disposal within the legally prescribed
limits. The data protection guidelines published under ambistsa.com
otherwise apply.10. Compensation, settlement,
invoicing, conditions of payment
10.1 The user can settle invoices using the payment procedures offered
by Koelnmesse. Should it not be possible to collect compensation, the
user bears all costs resulting for Koelnmesse from this, especially
bank fees in connection with the rejection of direct withdrawals and
comparable fees to the extent to which he is responsible for the event
resulting in the costs.
10.2 Koelnmesse is free to choose to send invoices and payment
reminders exclusively in electronic form.
10.3 Koelnmesse reserves the right to convert the invoice from
Euro to the respective national currency of the user at any time when
the user does not contradict this.
10.4 The compensations for the accounts subject to payment are
immediately payable for the entire term with invoicing.
10.5 Koelnmesse reserves the right to appropriately increase the
compensation for the membership subject to payment taking effect with
the start of a new extension period which follows either the minimum
usage period or the respective extension period. A maximum of one price
increase takes place each year. In this case, Koelnmesse will
accordingly inform the user at least six (6) weeks prior to the end of
the minimum usage period or of the respective current extension period.
If the user is not in agreement with this compensation increase, he can
object to this within a period of three (3) weeks via the contact form,
letter or e-mail. The objection corresponds to a termination of the
account subject to payment on the part of the user, so that the account
subject to payment ends with the expiration of the existing minimum
usage period or the extension period. When an account subject to
payment is terminated, this reverts to a free account. The member
profile and the company profile are maintained in the process and the
corresponding products are hidden. When the free account is also to be
deleted, this must also take place via the "Delete account" link.
10.6 Invoicing for the account subject to payment is carried out by an
external service provider commissioned by Koelnmesse.11 Final provisions
11.1 Koelnmesse reserves the right to remove users who do not belong to
the industry from ambista.
11.2 Changes and additional agreements to this contract must be made in
writing. This also applies to this provision on the written form.
11.3 The language of the contract is German. Translations into other
languages are non-binding and serve solely to aid understanding.
The user can only offset claims by Koelnmesse or exercise a right of
retention if its counter-claim is undisputed, if there is a legally
binding title or if the counterclaim exists in a synallagmatic
relationship with the affected claim.
11.5 The law of the Federal Republic of Germany applies, excluding the
UN Sales Convention and conflict-of-law provisions.
11.6 Place of jurisdiction for all disputes resulting from or in
connection with this agreement is Cologne.
11.7 If individual regulations of these general terms and conditions
are or become ineffective, this does not affect the effectiveness of
the other regulations. The ineffective provision is considered replaced
by one that most closely reflects the commercial intent of the
ineffective provision in a legally valid way. The same applies to any
General terms and conditions status: 23.05.2018