General Terms and Conditions
Preamble
The Investor & Industry Partnering Conference on Diagnostics, Precision Medicine & Life Science Tools (herein also referred to as “DxPx Conference” or “DxPx”) is an international industry conference for stakeholders from the diagnostics, precision medicine and life science tools fields. During the event, the DxPx aims at bringing together start-up entrepreneurs, creative minds, visionaries, decision-makers and financiers to engender a dialogue to implement an ever-improving exchange with each other – across regional clusters and national boundaries. The business plan competition at DxPx is referred to as 42plus1 business plan and offers the chance to win significant prizes in form of convertible loans. Within the DxPx conference series individual events are conducts in Europe (“DxPx EU”), North America (“DxPx US”) and Asia (“DxPx China”). DxPx associated website are www.dxpx-conference.com and www.42plus1.com.
In 2021, the DxPx US will take place as a fully digital event on July 27th to 31st; the DxPx EU will take place on Tuesday, 16th November 2021, from 7:30 to 19:00, at the Maritim Hotel Düsseldorf, Maritim-Platz 1, 40474 Düsseldorf. The organizer of the DxPx Conference, SLS Partnering GmbH, Brunnenstr. 23, 40223 Duesseldorf, Germany (herein also referred to as the “Organizer”), has exclusively reserved Hall Maritim (2,534 m2 for booths andpartnering meeting booths), and the Hall Düsseldorf (999 m2 for pitches/seating approx. 500).
In the case you do not agree with these Terms and Conditions as a user of this Website or as a Registrant or Applicant on this Website or as a Participant at the DxPx Conference, please omit using, registration or participation. You may only opt for services and products related to the DxPx as well as use this Website if you agree to these General Terms and Conditions as described below:
The Organizer of the DxPx Conference reserves the right to change these General Terms and Conditions from time to time. As a registrant, applicant or participant, you are required to review these General Terms and Conditions. In the event that you should not agree to these General Terms and Conditions, you are prohibited from using the products and services of the DxPx Conference, related partnering events and any services offered by SLS Partnering GmbH in this regard.
1. Scope
These General Terms and Conditions refer to the purchase of services and products offered by the Organizer under the framework of the DxPx conferences and its Investor & Industry Partnering concept on Diagnostics, Precision medicine & Life Science Tools as well as associated events such as the business plan competitions 42plus1 and similar events.
The services and products referred to above include all offers related to the DxPx Conference and its derivatives (i.e. events and congresses following a similar format).
These General Terms and Conditions also include the use of the Website and the services offered on it at: www.dxpx-conference.com and www.42plus1.com.
These General Terms and Conditions ensure that the services and products offered online as well as the Website(s) of the Organizer of the DxPx Conference are used responsibly and that the rights and obligations between users and the Organizer are clearly regulated.
Please note that these General Terms and Conditions include all services and products, which means that some passages may not be relevant to you.
2. Agreement to these Terms and Conditions
By using the Website www.dxpx-conference.com or www.42plus1.com of SLS Partnering GmbH, as well as the products and services associated with the DxPx Conference or 42plus1 business plan competition, you thereby agree to these General Terms and Conditions.
3. Registration
On the Website of the DxPx Partnering, www.dxpx-conference.com, hereinafter also referred to as the/this “Website” which can also be accessed via other Internet domains, a registration for the DxPx Conference can be made.
A “Registrant” within the meaning of these General Terms and Conditions can be an Applicant (“natural person or company applying for the business plan competition”), a Participant (“natural person or company who/that signs up on this Website in order to participate at the DxPx Conference”), an exhibitor (“a natural person or company with a booth at the DxPx Conference”), a speaker (a natural person or company participating as speaker at the Industry Insight event at the DxPx Conference or a different event at the Conference”), a presenter (“person or company presenting a company at the DxPx ”) or a sponsor (“natural person or company supporting the DxPx Conference as an official sponsor”) who/that is registered with his/her/its name and company information on the Website. The Registrant shall act in his/her/its own name or act with full power and authority on behalf of a company or on behalf of another person from whom the Registrant has received authority.
The Registrant shall take legal note of these General Conditions and Terms at the time of registration and must ensure that any authorized substitute Participant is informed of these General Conditions and Terms.
Having said that, the following applies:
a) Registrants can pre-register via the ticketing system offered to participate at the DxPx. Payment by the Registrant will only be initiated after confirmation by the Organizer. Registrants can also only apply as Applicant to present their business at the DxPx business plan by uploading and completing the respective information under the DxPx award section on the DxPx Website or via the 42plus1 Website. A later registration as Participant is always possible.
b) The agreement to register on the dxpx-conference.com or www.42plus1.com Website is concluded between SLS Partnering GmbH and the Registrant, or the company that this person represents as a “Registrant”. The Registrant can, at the same time, also be the user of the services of these Websites and of the services or products of the DxPx, or is a person who, in his/her organization, has the authority of the User to act on his/her behalf.
c) The Registrant agrees that he/she, as a “Registrant”, uses the services of this Website and the services and products of the DxPx solely in a manner, which complies with these General Terms and Conditions ensuring that all applicable Laws and regulations are observed.
d) The Registrant agrees that the information provided along with the application to purchase a service or product in connection with the DxPx or application for the DxPx business plan competition is correct, comprehensive and applicable, and that the Registrant has the authorization of his/her organization and a person there and that the personal data supplied may be made available as user information. In case of violation the Registrant indemnifies the Organizer from any liability and claims of third parties.
e) In order to access some of the services on this Website and thus services and products of the DxPx, the Registrant must select a password during the registration process; alternatively, a password can be assigned to the registering party, which must then be changed. We would like to point out that the Registrant is responsible for maintaining the confidentiality of the password, as well as for any related activities on this Website. The Registrant agrees not to share the User Name and Password with others, nor to give others the opportunity to use it without the consent of the Organizer. The sole exception to this is the internal transfer to a trusted recipient within in the respective organization.
f) The Registrant agrees to notify the Organizer of the DxPx immediately of any unauthorized use of the user name or password or any other security breach, as soon as he/she becomes aware of it (help@dxpx-conference.com).
g) The Registrant agrees to compensate any damages attributable to the Registrant to the Organizer of the DxPx as a result of improper use of the Website and/or as a result of the improper use of services and products in connection with the DxPx. This includes statutory, administrative or technical costs resulting from such a claim.
h) The Registrant is obligated to inform the Organizer immediately if he/she leaves the organization with which his profile was linked during the registration process. Use of this Website after leaving the organization under which the application was made is not permitted. Damage resulting from such an infringement is the responsibility of the Registrant who/that will be liable for any damages.
4. Applicants for the DxPx business plan competition “42plus1”.
a) At each DxPx Conference up to 10 start-ups are presented with the chance to present their business to the audience (“pitch”). Each pitch will be allowed maximal 20 minutes including questions. The selection of those start-ups to present at the Conference will be made among all start-ups uploading a business plan at least two weeks prior to the respective event date on the dxpx-conference.com or www.42plus1.com Website and independent if the respective Startup registers as Participant of the conference.
b) The “Applicant” within the meaning of these General Terms and Conditions shall be any natural person or legal entity who/that has registered on this Website and applied for the participation in the procedure for the 42plus1 award according to section 8 lit. c).
c) The Applicant expressly agrees that the Organizer shall be entitled to submit his/her/its business plans to selected industry experts and sponsors of the DxPx Conference who have agreed to review and score business plans in the procedure for the 42plus1 award.
d) The Applicant confirms that his application for the DxPx business plan competition does not contain any confidential information. In case the Applicant shares confidential information, he/she indemnifies the Organizer from any liability and claims of third parties. In case the Applicant shares confidential information, he/she indemnifies the Organizer from any liability and claims of third parties.
e) The Applicant who/that uploads a business plan with the purpose to apply for a chance to present at the DxPx Conference agrees that the Organizer shall have the right to announce the name of the Applicant publicly and use his name for marketing purposes.
f) The Organizer shall be entitled to inform the Applicant about updates via email. The Applicant agrees that the Organizer shall have the right to announce the name/the company name and the country of origin of the Applicant publicly and use this information and the logo of the company of the Applicant for marketing purposes. The Applicant declares that he is authorized to give this consent. In case of violation, he indemnifies the Organizer from any liability and claims of third parties.
g) The Applicant agrees that sponsors and industry experts who select the best start-ups shall be entitled to contact applicants prior to and in the run-up of the DxPx Conference to discuss potential partnerships and cooperations in the future. The Applicant agrees that the Organizer shall be entitled to market the uploaded business plans to industrial partners who have the interest to cooperate with start-ups.
h) The Applicant is solely responsible to disclose only information that can be shared for the purpose of evaluating future partnerships and cooperations on a high level. The Applicant is aware that the disclosure of confidential information may pose a risk if respective patents or other rights have not been filed and registered.
i) The Applicant shall hold harmless and indemnify the Organizer against any claims of a third party resulting from a violation of patents or other rights arising from the information provided to the Organizer.
5. Registration/Participation
a) The “Participant” within the meaning of these General Terms and Conditions shall be any natural person or legal entity who/that has registered on the dxpx-conference.com Website or at the DxPx Conference according to these general terms and conditions in order to participate at the at the DxPx Conference.
b) By registration for the participation at the DxPx via the Website dxpx-conference.com an agreement between the Participant and the Organizer is concluded. Registrants/Participants who/that are obligatorily registered shall have to pay a participation fee pursuant section 6 a). The participation fee includes all rights associated with applying for one-to-one meetings, participating at industry panel discussions as well as the DxPx award. Each Participant is fully responsible for the organization of his/her own travel to and from the conference location as well as for his/her accommodation.
c) The payment of a participation fee allows one person to participate in the DxPx Conference. The right to participate at the DxPx includes all rights associated with the specific products and services of participation in the Partnering (section 8a), the Industry Insight talks and discussion forum (section 8b), the DxPx Award “42plus1” award session (section 8 c), as well as the Exhibition (section 8 d)), general networking and the final Get-together (section 8 f). In as much as conference documents are distributed, they are also included in the participation fee. This also applies to catering and the refreshments supplied and free Internet.
d) The Registrant shall be responsible for the correct classification for himself as a Participant or for the person for whom he/she is acting correctly in the respective category. In case of doubt, the Registrant can contact the Organizer. The Organizer reserves the right to refuse registration if this has not been done in the right category. Legal recourse shall be excluded. The decision to allow participation and the classification of a Participant into a particular Participant group is the sole responsibility of the Organizer. All fees quoted are in Euro (EUR). Accredited Investors as defined under European law are allowed to register one participant for free; multiple participants per Accredited Investors need to contact SLS Partnering for further registration. The participation fee for Participants from Start-ups (defined as less than 10 years since founding) amounts to 499 EUR per person for DxPx US and 750 EUR for DxPx EU, the participation fee for Industry Participants amounts to 1000 EUR per person across events; special discounts for referrals or other may be available at Organizer discretion. In particular, but not limited to, law firms, investment banks, consulting firms, consultants, business coaches, recruitment- and employment companies as well as headhunting agencies (irrespective of their date of foundation) are not classified as start-ups according to these general terms and conditions and are charged 3000 EUR per person for DxPx US and 4000 EUR for DxPx EU. In case it turns out that a participant has registered as a participant from a start-up contrary to preceding definition, he/she has to pay the regular participation fee as well as a processing fee of 250 EUR immediately. If the participant has already paid the participation fee for participants from start-ups, he/she has to pay the difference to the regular participation fee as well as the processing fee immediately. Charging the higher participation fee by the organizer does not entitle the participant to withdraw from the contract.
e) The allocation to the categories and the price of tickets for the DxPx Conference are in the responsibility of the Organizer.
f) The Organizer reserves the right to offer an on-site registration on the day of the event. This will then be done via conventional credit cards. Any additional costs as well as credit card fees are to be paid in full by the Participant.
g) The Participant agrees that the Organizer shall have the right to announce the name/company name and the country of origin of the Participant publicly and use this information and the logo of the company of the Participant for marketing purposes.
h) The Organizer shall be entitled to inform the Participant about updates via email.
i) The Organizer of the DxPx reserves the right to limit the number of Participants from certain professional groups to maintain the partnering character and execution focus of the event between Participants from the diagnostics and life science research tool industry. The decision is at the discretion of the Organizer.
6. Payments
a) All fees quoted are in Euro (EUR). The participation fee for Participants from startups (defined as less than 10 years since founding) and non-startups differ depending on the time of registration and payment of the fee:
For DxPx US:
Startup fees: 499 EUR
Industry fee: 1000 EUR
Accredited Investor: one ticket for free
Other as defined in section 5d: 3000 EUR
For DxPx EU
Startup fees: 750 EUR
Industry fee: 1000 EUR
Accredited Investor: one ticket for free
Other as defined in section 5d: 4000 EUR
Special discounts for referrals or other may be available at Organizer discretion.
b) All fees include applicable value added tax according to German law.
c) All payments shall be due and payable within 5 days after receipt of an invoice.
d) All costs are to be paid in such a way that transfer-costs, and taxes and other expenses are born by the Registrant or the Participant (customer) and not by the Organizer.
e) Selected speakers, sponsors, elected start-ups for the DxPx award, Accredited Investors (limited to one per company) and accredited members of the press are allowed to participate free of charge; for this purpose, eligible persons can obtain a voucher from the Organizer prior to registration on the Website.
f) The Registrant alone is responsible for data entry and the correctness of such data. If required, Registrants can request assistance from the organizer who will be glad to help. Responsibility for the content and nature of the registration lies solely with the Registrant. Furthermore, any costs arising from cancellation or duplication of applications must be borne by the Registrant.
g) The ticketing system is integrated into the Website of the DxPx Conference.
h) The Participant agrees to receive electronic invoices; they do not contain a signature and do not need to contain special digital signature certificates or other security devices.
i) The Organizer reserves the right not to mention Participants and Sponsors in the conference documents (print, Internet) if payment has not been received.
7. Cancellation
a) Cancellation can only be made after payment has been successfully completed.
b) In principle, tickets or other services and products are transferable to persons belonging to the same organization. Please contact the Organizer at least four weeks before the event, info@dxpx-conference.com.
c) Cancellation is possible up to three months before the event. A cancellation fee of 50% of the respective ticket price will be charged if cancellation is made no less than 3 weeks prior to the event. No refund is possible for cancellations made at a later time.
d) Tickets from promotion actions are not cancellable but transferrable.
e) The cancellation is made via email to help@dxpx-conference.com.
f) Sponsorship agreements are excluded from the above cancellation policy.
8. Force Majeure
a) In Case of force majeure, the affected party is released from its obligation to perform for the duration of force majeure. Force majeure is any event beyond the control of the affected party which prevents it from fulfilling its obligation in whole or in part. This includes, but not limited to, strikes, storms, fire and water damage, pandemics, epidemies, as well as operational disruptions or official orders for which the party is not responsible.
b) The affected party is obliged to inform the other party immediately of the beginning or end of the force majeure and to make every effort to remove the obstacle and reduce the effects as far as possible.
c) In case the DxPx cannot be realized as a face-to-face event due to official orders, the DxPx will be held as a virtual convention. Exhibitors will be provided with a virtual exhibition stand at no additional cost. The Registrant/Participant precautionary agrees to the implementation of a virtual event. The parties clarify that a possibly virtual realization of the DxPx does not constitute a case of force majeure pursuant to section 8a.
d) If, after the conclusion of the contract, an official order is issued to prohibit the event as a face-to-face event, the Organizer is not liable for damages due to this Prohibition.
e) The virtual execution does not entitle the Participant to withdraw. A reimbursement of costs does not take place, if the DxPx is held in virtual Form.
9. Products & Services
a) One-to-one Partnering
i. Registration at the DxPx will allow access to an app and web-based One-to-one Partnering software that will allow Participants to do the following during the DxPx Conference:
- Access profiles of participating companies and/or participants
- Search for and identify potential partners
- Request meetings with other participants
- Obtain information on information meeting location (room number) and time-slot
ii. Uploading of profile any time after completing registration; partnering software will be available at least 2 weeks prior to the event.
iii. Meeting will last at least 20 min.
iv. Restrictions to number of meetings possible if room availability reaches limits or Organizer sees need for restriction.
b) Industry Insights and discussion forum
i. Speakers will be invited and selected by the Organizer at its own discretion. Their participation at the conference shall be free; however, the speakers’ travel cost will not be beard by the Organizer. The Speaker agrees that the Organizer shall have the right to announce the name/company name and the country of origin of the Speaker publicly and use this information and the logo of the Speaker for marketing purposes.
ii. Speakers shall have the right to participate at panel discussions at times to be specified by the Organizer.
iii. Topics for speakers will be defined by the Organizer; selection of speakers will be made by the Organizer.
iv. The Organizer shall have the right to use name/company name of the speakers for marketing purposes.
c) DxPx award “42plus1″
i. Startups – defined as less than 10 years since founding – receive the opportunity to upload their business plan in a standardized format to a secure Website portal. Selected industry experts which shall be chosen by the Organizer at its own discretion and sponsors will have access to this portal for the reason to review and score the business plans. The ranking and selection of the best 15 start-ups is based on a 10-point grade system regarding the business plan. The selection of the best startups will be made at least 1 week prior to the DxPx Conference. Up to 10 start-tups will be informed immediately after the selection to be present at DxPx. They obtain the right to make a short presentation on the company’s innovations within a given time frame and receive two free tickets to DxPx each. The winner of the DxPx US and DxPx China business plan competition will win a wildcard to also present its startup at the DxPx EU event and compete for an award (“convertible loan”). At the DxPx EU the three winners will be offered a prize as convertible loan with terms that will be individually negotiated. The terms of the convertible loan will include, in specific, a discounted valuation for the next financing round and an annual interest rate until the loan is converted into equity. The agreement will be drawn up in accordance with German law. The application of international law is excluded. The grant of the convertible loan is subject to the condition precedent that the respective winners accept the terms of the convertible loan. Merely reaching one of the first three places of the DxPx Award does not constitute a claim that the convertible loan is granted. The respective winners are not entitled to a claim for adjustment of the contract. If the winners do not accept the contractual terms of the convertible loan, there will be no claims for damages and/or other claims for compensation.
ii. The allocation of time slots for the pitches is the sole responsibility of the Organizer. The allocation is made at specific times, which are announced on the Website. For the sake of clarity for all Participants, for organizational reasons or for other reasons, the Organizer can assign pitches to topics, headings or categories. The choice of the topics and the allocation of companies to topics, headings or categories, for the smooth running of the event, are the exclusive right and responsibility of the Organizer.
iii. The duration of the short presentations (Pitch) will to ten (10) minutes + 3 minutes for questions; the pitch will be assessed by a panel of industry experts and potentially also all listeners who are present at the session and who are able to vote live for example by the app. The winner will be announced at a get-together.
iv. Call for Entries
In order to ensure the fairness and impartiality of the DxPx startup competition, all the contestants hereby agree to have fully read, understood and accepted the relevant requirements made by the Organizer. For any possible violation, the organizing committee shall remain the right to cancel the qualification of the entry and take back the relevant prize granted.
v. Entry requirements
Participants: Startups (within 10 years since founding) or teams from the diagnostics, precision medicine and life science tool field may sign up. A jury of independent investors and experts will evaluate which startups are eligible to present their startup at DxPx. The final decisions are the responsibility of the Organizer. This decision is unappealable.
vi. Entry commitments
(1) The contestants agree to be fully aware of the content of the competition, to play by the rules of the competition, and won’t confront any decision made by the judge.
(2) The contestants guarantee that all data, information and materials submitted by them are true, accurate, legal and valid, and do not infringe the legal rights of any third party. The contestants unconditionally agree that the Organizing Committee of the Competition shall, when necessary, entrust a third party to verify the data, information, materials and relevant information they submit, and provide necessary assistance for the verification.
(3) The contestants guarantee that their products, technologies and related patents belong to them, and that there is no dispute over property rights with any other companies or individuals.
d) Exhibition at the DxPx EU
Exhibition stands are limited to sponsors and selected startups (who participated in the procedure for the DxPx award and scored best here); Sponsors and DxPx startups have the right to exhibit. The sponsors and DxPx startups are entitled to erect a booth at their own expense:
i. The Organizer will supply a table (max. 2m length) and 2 stools for the booth. Other services are not included and not provided.
ii. Electricity connection will be supplied by the Organizer.
iii. Construction will be organized by the Exhibitor prior to the opening; Organizer may assist booth setup depending on available resources.
iv. Location for conference stands at the DxPx Conference will be assigned by the Organizer.
v. An exhibitor can, however, contact the Organizer for special requirements, help@dxpx-conference.com. The cost of additional exhibition furniture or equipment is to be fully covered by the exhibitor.
e) Sponsorship
Sponsorship can be set-up within the framework of sponsor agreements provided by the organizer or can be customized. Interested parties should contact the Organizer directly: info@dxpx-conference.com.
f) General networking and the final Get-together
The most recent agenda and breaks will be available on the Website. Soft drinks will be served at all times during the conference and in each meeting room. Coffee, tea and snacks will be served during breaks and a buffet lunch will be provided. Free WiFi access and Partnering software tool will make planning a visit easy.
10. Copyright
a) All rights, titles and interests (including all copyrights, database rights and other intellectual property rights) in the products and services of the DxPx Conference and 42plus1 business plan belong to the Organizer SLS Partnering GmbH. They are registered trademarks or intellectual property.
b) Any unauthorized use of the names, logos, trademarks or other intellectual property relating to DxPx Conference is prohibited. The organizer’s express consent is required for use. The Organizer draws attention to names, logos and trademarks of other companies or organizations of any kind that appear on the products and services of the Organizer of the DxPx Conference, such as this Website. These are representations of DxPx’s sponsors, supporters and media partners. The use of these by third parties is also prohibited. Permission for use can only be granted by the respective company or organization.
c) By participating at the DxPx Conference or by using the Website, no proprietary rights are acquired in connection with products or services related to the DxPx. As a Registrant or Participant or Applicant you agree not to misuse the Website, i.e. not to decompile, change and further develop or to sublicense, or develop derivative products and services based on DxPx Conference and its Website. You may not use, copy, save, download, modify, reproduce, publish, distribute, transmit, or otherwise misuse any information on the Website of the Organizer and DxPx Conference.
d) Participants at the DxPx and users of this Website are allowed to link to this Website, provided the linking is legal and does not violate the reputation of the Organizer.
11. Photography and Video
a) Photographic and film recordings are made at the DxPx Conference or other partnering conferences arranged by the Organizer.
b) The photographs or film clips show situations typical of a partnering event. They reflect the events of the partnering and show people in discussion situations. The pictures show close-ups or individual people and groups. The people in the pictures can/might be clearly identifiable. These photos or footage are used to illustrate the Website of the DxPx Conference or other marketing materials, such as flyers, booklets, programs, conference papers, press articles, small gifts (give-aways), as well as use on the Websites of the DxPx Conference and related and derived pages. This includes Social Media, such as LinkedIn, Xing, Facebook, Instagram, and others.
c) By registering and participating in the DxPx Conference, you agree to such photo and film recordings as described here. At the same time, you grant the Organizer the right to use one or more pictures on which you are seen personally as a Participant, alone or in a group of people in an environment characterized by the venue and the individual character of the event by the Participants of that day and objects (e.g. exhibition stands). Photos showing non-business-specific motifs that go beyond the character and usual situations of the DxPx Conference are not used by the Organizer or only after acquiring the express permission of the persons shown.
12. General rights and liability
a) The Organizer reserves the right to modify, postpone or cancel the structure, organization and schedule, as well as the framework and rules of individual elements of the DxPx Conference and its derivatives without prior notice.
b) The Organizer reserves the right to refuse a request (pre-registration) or an individually submitted request for a product or service of the DxPx Conference at his own discretion, or retroactively to discontinue or to interrupt the registration if the use of a product or service is contrary to the interests of the Organizer or other Registrants, or if the character of the event is thus put in question, e.g. because certain consultative professions are already clearly represented. The Organizer reserves the right to refer to the companies of delegates and to use them in the marketing activities and promotion of the DxPx Conference. This also applies to use in press releases and news published on social media.
c) The Organizer reserves the right to discontinue or cancel certain products and services. In this case, a full refund of fees paid will be given to the Participant or the Registrant. However, compensation beyond the fees already paid is not granted or paid.
d) In the event that the DxPx Conference cannot take place due to circumstances beyond the control of the Organizer (force majeure), the Organizer is only obligated to reimburse Participants pro rata, minus the costs incurred by the Organizer for the preparation of the event. Events which could trigger such a situation include, among others and without limitation, war or terrorist attacks, civilian national, international or other crises, putsch, strikes, legislation, regulations or other governmental instructions, or climatic or other natural catastrophes such as heat wave, fire, earthquake, volcanic eruption, hurricane, flood, epidemics or any other unforeseen occurrences which the Organizer is not responsible for.
e) The Organizer does not assume any responsibility or liability for slight negligence (einfache Fahrlässigkeit) of its legal representatives or vicarious agents (Erfüllungsgehilfen), unless a fundamental contractual obligation (cardinal obligation – wesentliche Vertragspflicht) has been violated. A fundamental contractual obligation shall be an obligation whose fulfilment is a fundamental prerequisite for the proper implementation of the contract at all and compliance with which the contracting party may regularly trust.
f) The liability of the Organizer for damages arising from injury of life, physical integrity or health, fraud (arglistige Täuschung), wilful behaviour (Vorsatz) and gross negligence of its legal representatives or its vicarious agents (Erfüllungsgehilfen) remains unaffected.
g) The statements, views and opinions of presenting startups, speakers at the Conference, sponsors or Participants are their own and do not necessarily represent the opinion of the Organizer. Responsibility for the information in the partnering system or in the Participant section on this Website is that of the participating companies and their persons/agents acting in their own responsibility.
h) Recommendations made by the Organizer on this Website, or in promotional material used for the DxPx, or in his newsletter or other electronic media, e.g. in the context of hotel or travel bookings using Internet links to various affiliate programs from various suppliers in different categories. This is done to ensure variety of selection and to increase the possibility of choice for Registrants.
i) The Organizer will make every effort to ensure that the Website, products and services meet the highest standards. The Organizer shall furthermore ensure that the Website is generally available without interruption and is available in a timely manner and is safe to use and error-free. Defects, once known to the Organizer will be corrected urgently. Appropriate precautions continue to be taken to ensure that the Website of the DxPx Conference remains free from Internet viruses. This also applies to the downloads provided. A guarantee, however, cannot be given. Therefore, the Organizer accepts no liability for possible defects or costs incurred by the user by the use or non-use of the Website, products and services.
j) The DxPx Conference and its Website provide formats for Participants and companies to provide information for other Participants. This relates, among others, to the partnering system or the Participant section of the Website. Data provided by Participants or other Registrants in these different areas are solely the responsibility of these persons. The Organizer of the DxPx accepts no liability for the correctness of this content or liability for risks arising from the use or non-use of these contents.
k) The Website of the DxPx Conference and the affiliated partnering system may contain Internet links to other Websites registered by the Registrants or Participants. The Organizer of the DxPx assumes no responsibility for the use and content of these Websites.
l) For the Partnering system which is integrated into the Website of DxPx Conference the Organizer cooperates with an independent provider Converve GmbH, Bahnhofstrasse 3, 25355 Barmstedt, Germany (Registry Court: Pinneberg Local Court, Registration No.: HRB 6674). The general terms and conditions of this company apply to the use of the partnering. The Organizer of the DxPx has no influence on the structure and organization of the partnering. The user/Registrant/Participant (customer) is solely responsible for the entry and the correctness of its/his/her data. The Organizer will gladly offer assistance in registering if requested to do so. The responsibility for the content and type of registration lies solely with the Registrant.
13. Confidential Information
a) For the purposes of this Section 12 “Confidential Information” means information disclosed by the Applicant, Participant and/or other Registrant to the Organizer relating to the Applicant’s, Participant’s/Registrant’s business, submitted business plans, products, affairs and finances, clients, customers and trade secrets including, without limitation, customer lists, billing practices, contractual arrangements, technical data and know-how. For the avoidance of doubt, the fact of the participation at Diagnostics Partnering Conference shall not be deemed to be Confidential Information.
b) The Applicant hereby expressly permits that the Organizer shall be entitled to submit the business plans uploaded by the Applicant in order to present his/her/its business at the DxPx award to sponsors, selected industry experts and sponsors of the DxPx Conference who have agreed to review and score business plans in the procedure for the DxPx award. The Applicant also expressly agrees that the Organizer shall be entitled to market the uploaded business plans to industrial partners who have the interest to cooperate with startups. The Applicant is solely responsible to disclose only information that can be shared for the purpose of evaluating future partnerships and cooperations on a high level. The Applicant is aware that the disclosure of confidential information may pose a risk if respective patents or other rights have not been filed and registered. The Applicant indemnifies the Organizer from any claims of third parties whose rights have been violated by the disclosure/presentation of information.
c) Unless provided otherwise under these Terms and Conditions, the Organizer shall keep all Confidential Information strictly confidential and use any Confidential Information only in connection with the services in connection with Diagnostics Partnering Conference and similar events.
This restriction does not apply to: (i) any information in the public domain other than in breach of these Terms and Conditions; (ii) information already in the lawful possession of the Organizer before its receipt from the Participant/Applicant/Registrant (iii) information obtained from a third party who is free to divulge the same; (iv) disclosure of information which is required by law or other competent authorities; and (v) information developed or created by one party independently of the others.
14. Data Protection
The Organizer shall be obliged to comply with the German Data Protection Act. More detail concerning the handling with personal data are available under https://silversky-lifesciences.com/datenschutz?lang=de.
15. Severability clause
Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the General Terms and Conditions shall remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the ineffective or impracticable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
16. Court of jurisdiction
These General Terms and Conditions are subject to the law of the Federal Republic of Germany excluding conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive court of jurisdiction shall be Düsseldorf.
17. Contact
In case of any questions, please contact the Organizer of the DxPx Conference:
SLS Partnering GmbH
Brunnenstr. 23
40223 Duesseldorf
Germany
info@dxpx-conference.com