Matmatch helps you find, evaluate and source the best materials for your projects.

Imprint

Angaben gemäß § 5 TMG:

Matmatch GmbH
Leopoldstraße 250a
80807 München

Umsatzsteuer-ID:

Umsatzsteuer-Identifikationsnummer gemäß §27 a Umsatzsteuergesetz: DE815713559

Die Firma Matmatch GmbH wird unter der Handelsregister-Nummer HRB 234414 im Handelsregister beim Amtsgericht München geführt.

Vertreten durch:

Melissa Albeck, Geschäftsführerin

Kontakt:

Telefon: +49 89 262075200
E-Mail: info@matmatch.com

Buyer Terms and Conditions

These Buyer Terms and Conditions (“Agreement“) are made between Matmatch GmbH (“Matmatch”) and the party using the Service as a buyer, i.e. as a party interested in finding information about materials and their applications (“Buyer”, Matmatch and Buyer each referred to as a “Party” and, collectively as the “Parties”).

1. The Service

1.1 Matmatch Materials Database and Platform. Through its Internet platform at Matmatch.com (“Service”), with a searchable materials database at its core, Matmatch helps buyers who are interested in materials find, evaluate and source materials for their projects by aggregating and providing access to third party data on such materials. For suppliers of materials (“Suppliers”), the Service creates the opportunity to promote their products and reach quality buyers.

1.2 Data sources. The data on materials properties, applications and sources that is displayed through the Service is provided by third parties including the Suppliers. Matmatch does not review such data for accuracy, but will remove data should it become aware that such data is inaccurate. The source of the data relating to certain materials is displayed through the Service. Where such source is given as “Matmatch”, the respective data has been aggregated from multiple third party sources by Matmatch; in such case, detailed information on the sources will be provided by Matmatch upon Buyer’s written request.

1.3 Buyer Account. Buyer will have the option to establish an account for the use of the Service by Buyer at Matmatch.com (“Account”), such Account being required for the use of certain features of the Service. Buyer agrees to keep access data, such as login data, passwords, and other data required in order to access the Service, strictly confidential and not to disclose such data to any third party without Matmatch’s prior written consent.

1.4 Use of the Service by Buyer. Buyer must be at least eighteen (18) years old or older if a different minimum legal age limit is required by local law to use the Service. Buyer may use the Service to find, evaluate and source materials and learn about certain possible applications suggested by third parties including the Suppliers. Buyer may not, however, solely rely on information from the Service when implementing materials-based projects. Buyer remains solely responsible to ensure that certain materials are fit and safe for the purposes or use cases intended or anticipated by the Buyer and meet all applicable legislative, regulatory and industry standards requirements. Matmatch is neither able nor obligated to review the third-party information provided through the Service nor to review or analyze the Buyer’s purposes.

1.5 Buyer’s Responsibilities. The Buyer shall ensure that (i) all information submitted as part of the Service is accurate and current, and that it will keep such information updated during the Term, and (ii) that it will treat any personal data of third parties, including but not limited to that of Suppliers, that it may receive as part of the Service in accordance with its contractual obligations and applicable law. Matmatch does not review the information provided by Buyer, but it reserves the right to take offline and remove information when there are reasonable grounds for suspicion that it may be inaccurate. In such case, Matmatch shall have the right to terminate the Buyer’s use of the Service for cause and with immediate effect.

1.6 Consumers’ Right of Withdrawal. Buyers who are entering into a contract – including this Agreement – with Matmatch as a consumer (i.e., for purposes which are outside their trade, business, craft or profession) have the rights to withdraw from such contracts as specified in the Matmatch Withdrawal Information available on this page.

2. Rights

2.1 Rights ownership. All data, texts, logos and other images (still or moving), including but not limited to data concerning materials and their names, properties, and sources (together the “Data”), are the sole property of Matmatch, the Suppliers, and/or their respective licensors. Buyer shall have no right to databases created by Matmatch and/or its licensees.

2.2 License. Subject to the terms of this Agreement, Matmatch grants to Buyer a limited, worldwide, revocable, non-exclusive, non-transferable and non-sub-licensable license to view the Data through the Service and to use the Data for Buyer’s own purposes. For clarity, Buyer shall not have the right to sell, rent or otherwise distribute the Data to any third parties or to include the Data in databases for display to or use by third parties. Buyer shall not engage in screen scraping, database scraping, use spiders or crawlers, or otherwise use automated technical means to obtain lists of users, portions of a database, or other lists or information from the Service in any manner not authorized by Matmatch.

3. Personal Data

Matmatch will treat personal data of the Buyer in accordance with the Matmatch Privacy Policy available on this page.

4. Quality, Availability, Modifications and Disruptions

4.1 Quality and Availability. Matmatch shall provide the Service in accordance with the recognized state of the art and the care of a prudent business person. Matmatch shall maintain an availability of the Service of no less than 97% averaged per calendar month.

4.2 Modifications. The Service will be updated and developed continuously over time. Matmatch may modify the Service without prior notice and provided that the modification is reasonable taking into account the interests of the Buyer. A modification shall, in particular, not be unreasonable for the Buyer if it is necessary to adapt the Service to changed circumstances with regard to technological developments, market requirements, changes in the applicable law, and in case of any new features, functions, or services added to the Service. Therefore, the Buyer is granted a right of use only for the then-current version of the Service. If a modification of the Service is not reasonably acceptable for Buyer, Buyer shall have the right to terminate the Agreement upon notice with immediate effect. Buyer shall have no other claims against Matmatch due to modifications to the Service within the scope of this Section 4.2.

4.3 Disruption of Service. If Matmatch cannot supply the Service to the Buyer for reasons not under the control of Matmatch (“Disruption of Service”), Matmatch will inform the Buyer without undue delay, at the same time – if possible – indicating when the Disruption of Service is expected to be resolved. If a Disruption of Service continues for four (4) weeks, either Party may terminate the Agreement upon notice to the other Party with immediate effect. The prevention of the timely provision of the Service by force majeure, i.e., by events which cannot reasonably be foreseen and averted by Matmatch by taking reasonable precautions, such as war, acts of terrorism, unrest, disaster, sabotage, and attacks by third parties, strikes in areas for whose functioning Matmatch is not responsible or failure of communications networks or systems of a third party for which Matmatch is not responsible (including where such a case of force majeure occurs at one of Matmatch’s subcontractors or suppliers) shall be considered to be a Disruption of Service. The statutory rights of termination of each Party in the case of a Disruption of Service remain unaffected.

5. Liability of Matmatch

5.1 Subject to Sections 5.2 and 5.4, Matmatch shall be liable for damages and futile expenses (jointly the “Damages”) caused to Buyer pursuant to statutory law.

5.2 The liability of Matmatch for Damages of Buyer (irrespective of the legal nature of the claim, whether under contract, tort, or otherwise),

- caused by (i) a breach of material contractual obligations of Matmatch under the Agreement with ordinary negligence (einfache Fahrlässigkeit), or (ii) a breach of non-material obligations by employees or vicarious agents of Matmatch who are not legal representatives or executive officers (leitende Angestellte) of Matmatch with gross negligence (grobe Fahrlässigkeit), shall be limited to those Damages foreseeable at the time of the conclusion of the Agreement that typically arise in transactions of this kind;

- caused by a breach of non-material obligations under the Agreement with ordinary negligence (einfache Fahrlässigkeit) shall be excluded; and

- caused by a defect of the Service that already existed at the conclusion of the Agreement shall be excluded, provided that the Damages were not caused by negligence or willful intent of Matmatch.

5.3 For the purposes of this Agreement, a material contractual obligation of Matmatch is an obligation, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the Agreement and on the fulfilment of which the Buyer regularly relies and may rely.

5.4 If Matmatch provides the Service to the Buyer free of charge, Matmatch’s liability for Damages caused to Buyer shall be limited to Damages caused by Matmatch with gross negligence (grobe Fahrlässigkeit) or willful intent (Vorsatz).

5.5 Notwithstanding Sections 5.2 and 5.4, nothing in this Agreement shall limit the liability of Matmatch for Damages arising from death or personal injury, from breach of a contractual guarantee as to the quality of goods or services or, in case of any other liability pursuant to applicable mandatory law, where such liability cannot be excluded or limited by agreement between the Parties in advance (e.g., under section 1 of the German Product Liability Act).

5.6 The above-mentioned limitations to liability apply accordingly to the liability of employees, executive officers, legal representatives and vicarious agents of Matmatch.

6. General Provisions

6.1 Entire Agreement. The Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all previous written and oral agreements in this regard. No further verbal or written agreements, arrangements, or commitments with respect to the subject matter of the Agreement exist.

6.2 Severability. If any provision of the Agreement is found by a competent court to be unenforceable or invalid under applicable law, the validity of the remaining provisions shall not be affected. The Parties shall replace any invalid or unenforceable provision and remove any omission by a valid and enforceable provision that the Parties would have agreed on in good faith if they had been aware of the invalid or unenforceable provision or the omission when entering into the Agreement.

6.3 Modifications to the Agreement

Matmatch reserves the right to change or amend the Agreement at any time with effect for the future. Any change or amendment will be announced to Buyer in writing, by email and/or by display in the Account at least two (2) weeks prior to its effective date and will state the effective date of such change or amendment.

Buyer has the right to object to any change or amendment of the Agreement within two (2) weeks after the date of receipt of the notification of such change or amendment. In case of a timely objection, each Party is entitled to terminate the Agreement for cause upon notice to the other Party, such termination to take effect on the effective date of the change or amendment that gave cause to the objection. If Buyer does not object within the objection period, the change or amendment shall be deemed accepted by Buyer and become part of the Agreement.

In its notification, Matmatch will inform Buyer of Buyer’s right to object within two (2) weeks, both Parties’ rights to terminate the Agreement in case of such objection, and the legal consequences of non-objection.

6.4 Governing Law. The Agreement, including any obligations, rights, and claims of the Parties arising out of or in connection with the Agreement, any questions regarding its valid conclusion, and any amendments hereto – irrespective of their legal grounds (e.g., under contract, tort or otherwise) – shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflicts of laws provisions. If the Buyer is a consumer within the scope of Regulation (EC) No 593/2008, the foregoing choice of governing law shall not have the result of depriving the Buyer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the laws applicable where the Buyer habitually resides.

6.5 Jurisdiction of the German courts. If the Buyer is not a consumer within the scope of Regulation (EU) No 1215/2012, the competent courts of Germany shall have exclusive jurisdiction over any claim, dispute or action arising under or in connection with the Agreement, including disputes on its valid conclusion, irrespective of the legal nature of such dispute, claim, or action, except that Matmatch, at its option, shall also be allowed to bring suit at the seat of the Buyer.

6.6 Jurisdiction of the Munich courts. If (i) the Buyer is a merchant (Kaufmann) within the scope of the German Commercial Code (HGB) with its seat in Germany or (ii) the Buyer has its seat outside of Germany and is not a consumer within the scope of Regulation (EU) No 1215/2012, the competent courts in Munich, Germany, shall have exclusive jurisdiction over any claim, dispute, or action arising under or in connection with the Agreement, including disputes on its valid conclusion, irrespective of the legal nature of such dispute, claim, or action, except that Matmatch, at its option, shall also be allowed to bring suit at the seat of the Buyer. Mandatory statutory provisions on the exclusive jurisdiction of certain courts shall not be affected by the foregoing provisions.

6.7 Assignment. Neither Party shall assign the Agreement or any rights or obligations thereunder to any third party without the prior written consent of the other Party. Notwithstanding the foregoing, (a) either Party may assign without consent of the other Party to any third party any claim under the Agreement that has been recognized in writing by the other Party or confirmed by final judgment of a competent court; (b) Matmatch may assign the entire Agreement pursuant to a merger or a sale of all or substantially all of its assets or capital stock; or (c) Matmatch may assign the entire Agreement to any successor or assignee of all or substantially all of its business. Subject to the foregoing restriction on assignments, the Agreement shall be fully binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Except as permitted by the foregoing, any attempted assignment or delegation will be void.

Supplier Terms and Conditions

These Supplier Terms and Conditions (“T&Cs“) are made between Matmatch GmbH (“Matmatch”) and the party using the Service as a supplier, i.e. as a business that is a manufacturer, reseller, retailer, agent etc. who is interested in publishing information about materials and their application to promote their products and gain sales leads and market insights (“Supplier”, Matmatch and Supplier each referred to as a “Party” and, collectively as the “Parties”).

1. The Agreement

The agreement between Matmatch and the Supplier governs the use of the Service (as defined below), offered by Matmatch, by the Supplier. The agreement shall become binding upon the execution of an order form or similar individual order document (“Order Form”) by both Parties (such Order Form together with these T&Cs the “Agreement”).

2. The Service

2.1 Matmatch Materials Database and Platform. Through its Internet platform at Matmatch.com (“Service”), with a searchable materials database at its core, Matmatch helps buyers who are interested in materials (“Buyers”) find, evaluate and source materials for their projects by aggregating and providing access to third party data on such materials. For suppliers of materials, the Service creates the opportunity to promote their products and to be reached by quality buyers.

2.2 Supplier Account. Matmatch shall establish an account for the use of the Service by Supplier at Matmatch.com (“Account”). Supplier will be provided with a temporary password to log into the Account and is obligated to replace this password with a new password at first login. Supplier agrees to keep access data, such as login data, passwords, and other data required in order to access the Service, strictly confidential and not to disclose such data to any third party without Matmatch’s prior written consent.

2.3 Use of the Service by Supplier. Supplier is given the opportunity to promote their products and applications by adding information to the publicly searchable materials database that is part of the Service, to generate sales leads, and to receive market insights, including into the search behavior of potential buyers. In order for Supplier’s information to be added to the database, Supplier will provide all information on their products and applications through the respective functionalities offered as part of the Service in their Account, or, if another form of submission is agreed between the Parties, in the form and formats so agreed.

2.4 Supplier’s Responsibilities. Matmatch does not review the information provided by Supplier before it is published, but it reserves the right to take offline and remove information when there are reasonable grounds for suspicion that it may be inaccurate. The Supplier represents and warrants (garantiert) that all information submitted as part of the Service, especially any information regarding materials and their properties, is accurate and current, and that it will keep such information updated during the Term. As part of the Service, Supplier may receive or have access to personal data of third parties, including but not limited to that of Buyers. Supplier represents and warrants (garantiert) that it will treat any personal data of Buyers that it receives or accesses as part of the Service in accordance with its contractual obligations and applicable law and (ii) that it will only use such personal data for the purpose that Supplier was sent or given access to the data for by Matmatch or the data subject.

3. Fees and Payment Terms

3.1 Fees Supplier shall pay to Matmatch the fees agreed to in the Order Form (“Fees”), if any.

3.2 Payment Terms. Matmatch shall invoice the Fees at the time and in the intervals agreed upon in the Order Form. Fees shall be payable by Supplier within thirty (30) days from the invoice date. After such period and without further notice, any overdue amounts shall be subject to interest in the amount prescribed by sec. 288 of the German Civil Code (BGB – currently at nine (9) percentage points above the then-current ECB rate). Unless otherwise agreed between the Parties, Matmatch may send invoices by mail or provide them electronically by email or through the Account.

4. Tax

4.1 Taxes. All Fees in the Agreement or otherwise quoted through the Service do not include any taxes, customs, duties, levies, and charges of any kind whatsoever that may be incurred in connection with the Service under this Agreement (hereinafter collectively the “Tax(es)”). All such applicable Taxes shall be borne and paid by the Supplier as specified by Matmatch in any invoice, and all payments by the Supplier to Matmatch shall be made without any deduction or withholding of amounts on the account of Taxes.

4.2 VAT. If the provision of the Service by Matmatch is subject to value-added tax (“VAT”) in the meaning of the European VAT Directive or to any other similar non-European tax under the applicable tax jurisdiction, VAT in the amount applicable under statutory law at the time of payment shall be added and paid on the agreed fees by the Supplier, provided that Matmatch is the tax debtor of such VAT amounts.

4.3 Withholding Taxes. If the Supplier is required by any law or regulation to make any withholding or deduction from payments to Matmatch on the account of Taxes, the Supplier shall, together with the relevant payment, pay such additional amount as will ensure that Matmatch receives an amount equal to the sum it would have received if no such withholding or deduction had been required. In such case, upon the Supplier's request, Matmatch shall provide the Supplier with such available information and documents as reasonably necessary for obtaining an exemption from the withholding or deduction of amounts or for a refund of the amounts to be withheld by the Supplier on the account of Taxes under the applicable tax jurisdiction.

5. Rights

5.1 License. By providing data, texts, logos and other images (still or moving), including but not limited to data concerning materials and their names, properties, and sources (together the “Data”), to Matmatch to be used in connection with the Service, Supplier grants Matmatch a worldwide, perpetual, non-exclusive, transferable and sub-licensable to any third parties (including through multiple tiers) license to the Data and any rights (including but not limited to copyrights and their neighboring rights, trademarks, design rights, database rights, patents, trade secrets etc.), to Matmatch, to make the data available to its customers with or without remuneration, in print and in electronic form, on storage media of any kind and over communications networks (including but not limited to the Internet), through browsers and specialized software applications on desktop and mobile systems, to combine it with other data or works by Matmatch or third parties, and to incorporate it into databases that are the sole property of Matmatch and/or its licensees. Supplier represents and warrants (garantiert) that Supplier (i) owns the granted rights in and to the Data, (ii) is entitled to grant these rights to Matmatch, and (iii) the granted rights are free from any third party rights and other encumbrances that may affect the use of the Data as licensed hereunder.

5.2 Reference to Supplier. Matmatch shall have the right but be under no obligation to Supplier, to publicly and privately (i) refer to Supplier as a source of any Data provided by Supplier and (ii) refer to Supplier and the cooperation between the Parties in marketing materials (online and offline), in both cases (i) and (ii) including by use of Supplier’s name and trademarks.

5.3 Rights in Databases. Supplier shall have no rights to databases created by Matmatch and/or its licensees, including to the extent that such databases are in whole or part created from Data provided by Supplier under the Agreement.

6. Personal Data

Matmatch will treat personal data of the Supplier in accordance with the Matmatch Privacy Policy available on this page.

7. Quality, Availability, Modifications and Disruptions

7.1 Quality and Availability. Matmatch shall provide the Service in accordance with the recognized state of the art and the care of a prudent business person. Matmatch shall maintain an availability of the Service of no less than 97% averaged per calendar month.

7.2 Modifications. The Service will be updated and developed continuously over time. Matmatch may modify the Service without prior notice and provided that the modification is reasonable taking into account the interests of the Supplier. A modification shall, in particular, not be unreasonable for the Supplier if it is necessary to adapt the Service to changed circumstances with regard to technological developments, market requirements, changes in the applicable law, and in case of any new features, functions, or services added to the Service. Therefore, the Supplier is granted a right of use only for the then-current version of the Service. If a modification of the Service is not reasonably acceptable for Supplier, Supplier shall have the right to terminate the Agreement upon notice with immediate effect. Supplier shall have no other claims against Matmatch due to modifications to the Service within the scope of this Section 6.2.

7.3 Disruption of Service. If Matmatch cannot supply the Service to the Supplier for reasons not under the control of Matmatch (“Disruption of Service”), Matmatch will inform the Supplier without undue delay, at the same time – if possible – indicating when the Disruption of Service is expected to be resolved. If a Disruption of Service continues for four (4) weeks, either Party may terminate the Agreement upon notice to the other Party with immediate effect. The prevention of the timely provision of the Service by force majeure, i.e., by events which cannot reasonably be foreseen and averted by Matmatch by taking reasonable precautions, such as war, acts of terrorism, unrest, disaster, sabotage, and attacks by third parties, strikes in areas for whose functioning Matmatch is not responsible or failure of communications networks or systems of a third party for which Matmatch is not responsible (including where such a case of force majeure occurs at one of Matmatch’s subcontractors or suppliers) shall be considered to be a Disruption of Service. The statutory rights of termination of each Party in the case of a Disruption of Service remain unaffected.

8. Liability of Matmatch

8.1 Subject to Section 7.2, Matmatch shall be liable for damages and futile expenses (jointly the “Damages”) caused to Supplier pursuant to statutory law.

8.2 The liability of Matmatch for Damages of Supplier (irrespective of the legal nature of the claim, whether under contract, tort, or otherwise),

- caused by (i) a breach of material contractual obligations of Matmatch under the Agreement with ordinary negligence (einfache Fahrlässigkeit), or (ii) a breach of non-material obligations by employees or vicarious agents of Matmatch who are not legal representatives or executive officers (leitende Angestellte) of Matmatch with gross negligence (grobe Fahrlässigkeit), shall be limited to those Damages foreseeable at the time of the conclusion of the Agreement that typically arise in transactions of this kind;

- caused by a breach of non-material obligations under the Agreement with ordinary negligence (einfache Fahrlässigkeit) shall be excluded; and

- caused by a defect of the Service that already existed at the conclusion of the Agreement shall be excluded, provided that the Damages were not caused by negligence or willful intent of Matmatch.

8.3 For the purposes of this Agreement, a material contractual obligation of Matmatch is an obligation, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the Agreement and on the fulfilment of which the Supplier regularly relies and may rely.

8.4 Notwithstanding Section 7.2, nothing in this Agreement shall limit the liability of Matmatch for Damages arising from death or personal injury, from breach of a contractual guarantee as to the quality of goods or services or, in case of any other liability pursuant to applicable mandatory law, where such liability cannot be excluded or limited by agreement between the Parties in advance (e.g., under section 1 of the German Product Liability Act).

8.5 The above-mentioned limitations to liability apply accordingly to the liability of employees, executive officers, legal representatives and vicarious agents of Matmatch.

9. Indemnity

Supplier shall indemnify, defend, and hold harmless Matmatch and the Buyers, as well as their respective directors, officers, and employees including their successors, heirs, and assigns against any liability, damage, loss, or expense, including reasonable attorneys’ fees and costs incurred in connection with any third-party claim arising out of or relating to (a) Data provided and/or published by Supplier through the Service or Buyers’ use thereof violating any law or infringing upon or misappropriating any intellectual property right (including but not limited to copyrights and their neighboring rights, trademarks, design rights, database rights, patents, trade secrets etc.); (b) Data provided and/or published by Supplier through the Service being inaccurate or misleading; (c) unauthorized use of the Service through Supplier’s Account; and (d) any alleged or actual breach of Supplier’s obligations under the Agreement.

10. Term and Termination

10.1 Term. The Agreement enters into force on the date specified on the Order Form and remains in force for an initial term of twelve (12) months or for such other initial term that may be specified in the Order Form (“Initial Term”). Thereafter, unless terminated in accordance with this Section 9, the Agreement automatically renews for consecutive renewal terms of twelve (12) months each (“Renewal Term”; the Initial Term together with all Renewal Terms the “Term”).

10.2 Termination for convenience. The Agreement can be terminated by either Party upon three (3) months’ notice to the end of the Initial Term or the then-current Renewal Term.

10.3 Termination for cause. Nothing in the Agreement shall limit a Party’s statutory right to terminate the Agreement for cause. It shall particularly be considered cause for immediate termination by Matmatch if Supplier is in arrears with any payable part of the Fees for more than 30 days.

11. General Provisions

11.1 Written Agreement. The Agreement is made in written form, provided that the use of an electronic signature process or the exchange of scans of signed documents suffices. Changes or amendments to the Agreement, including changes to this form requirement, must be made in the written form, provided that the use of an electronic signature process or the exchange of scans of signed documents suffices, and that the T&Cs may also be modified in accordance with Section 10.5.

11.2 Entire Agreement. The Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all previous written and oral agreements in this regard. No further verbal or written agreements, arrangements, or commitments with respect to the subject matter of the Agreement exist.

11.3 Severability. If any provision of the Agreement is found by a competent court to be unenforceable or invalid under applicable law, the validity of the remaining provisions shall not be affected. The Parties shall replace any invalid or unenforceable provision and remove any omission by a valid and enforceable provision that the Parties would have agreed on in good faith if they had been aware of the invalid or unenforceable provision or the omission when entering into the Agreement.

11.4 Notices. Termination notices and notices making claims for Damages or indemnification must be made in writing and signed by the notifying Party; any other notices may be sent in text form by email. Notices to a Party shall be sent to the postal and electronic mail addresses set forth in the Order Form, or such different address as a Party may designate in writing and signed by that Party to the other Party during the Term. Notices will be deemed given when (a) delivered personally, or (b) delivered by recognized overnight courier (established by written verification of personal, certified, or registered delivery from a courier or the postal service), or (c) by fax (established by a transmission report), or (d) if sent by email to the recipient, provided that (i) the sending Party can show that the email was apparently sent successfully according to its ordinary technical records and did not receive an error notice, and (ii) the email includes in its subject line the phrase “LEGAL NOTICE”.

11.5 Modifications to T&Cs.

11.5.1 Matmatch reserves the right to change or amend the T&Cs at any time with effect for the future. Any change or amendment will be announced to Supplier in writing, by email and/or by display in the Account at least two (2) weeks prior to its effective date and will state the effective date of such change or amendment.

11.5.2 Supplier has the right to object to any change or amendment of the T&Cs within two (2) weeks after the date of receipt of the notification of such change or amendment. In case of a timely objection, each Party is entitled to terminate the Agreement for cause upon notice to the other Party, such termination to take effect on the effective date of the change or amendment that gave cause to the objection. If Supplier does not object within the objection period, the change or amendment shall be deemed accepted by Supplier and become part of the Agreement.

11.5.3 In its notification, Matmatch will inform Supplier of Supplier’s right to object within two (2) weeks, both Parties’ rights to terminate the Agreement in case of such objection, and the legal consequences of non-objection.

11.6 Governing Law. The Agreement, including any obligations, rights, and claims of the Parties arising out of or in connection with the Agreement, any questions regarding its valid conclusion, and any amendments hereto – irrespective of their legal grounds (e.g., under contract, tort or otherwise) – shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflicts of laws provisions.

11.7 Jurisdiction of the German courts. The competent courts of Germany shall have exclusive jurisdiction over any claim, dispute or action arising under or in connection with the Agreement, including disputes on its valid conclusion, irrespective of the legal nature of such dispute, claim, or action, except that Matmatch, at its option, shall also be allowed to bring suit at the seat of the Supplier.

11.8 Jurisdiction of the Munich courts. If (i) the Supplier is a merchant (Kaufmann) within the scope of the German Commercial Code (HGB) with its seat in Germany or (ii) the Supplier has its seat outside of Germany, the competent courts in Munich, Germany, shall have exclusive jurisdiction over any claim, dispute, or action arising under or in connection with the Agreement, including disputes on its valid conclusion, irrespective of the legal nature of such dispute, claim, or action, except that Matmatch, at its option, shall also be allowed to bring suit at the seat of the Supplier. Mandatory statutory provisions on the exclusive jurisdiction of certain courts shall not be affected by the foregoing provisions.

11.9 Assignment. Neither Party shall assign the Agreement or any rights or obligations thereunder to any third party without the prior written consent of the other Party. Notwithstanding the foregoing, (a) either Party may assign to any third party without consent of the other Party any claim under the Agreement that has been recognized in writing by the other Party or confirmed by final judgment of a competent court; (b) Matmatch may assign the entire Agreement pursuant to a merger or a sale of all or substantially all of its assets or capital stock; or (c) Matmatch may assign the entire Agreement to any successor or assignee of all or substantially all of its business. Subject to the foregoing restriction on assignments, the Agreement shall be fully binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Except as permitted by the foregoing, any attempted assignment or delegation will be void.

11.10 Independent Contractors. The relationship between the Parties is that of independent contracting entities and nothing in the Agreement is to be construed as creating an employer/employee relationship, a principal/agent relationship, or a partnership or joint venture relationship or to allow either Party to exercise control or direction over the manner or method by which the other Party transacts its business affairs.

Privacy Policy

Matmatch GmbH (“we” or “us”) wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through websites operated by us from which you are accessing this Privacy Policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”) as well as through HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, including the Websites and the Apps, the “Services”). Any capitalized terms used but not defined herein shall have the meaning assigned to them in the Matmatch Terms and Conditions.

Personal Information

“Personal Information” is information that identifies you or others as an individual or relates to an identifiable individual. From Suppliers, we may collect the following Personal Information:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • Payment information
  • Profile picture
  • IP Address
From Buyers, we may collect the following Personal Information:
  • Name
  • Email address
  • Payment information
  • Industry
  • Location
  • IP Address

We may need to collect and process these types of Personal Information in order to provide the requested Services to you, or because we are legally required to do so. If you do not provide the information that we request, we may not be able to provide you with the requested Services.

Collection of Personal Information

We and our service providers may collect Personal Information in a variety of ways, such as:

  • Through the Services: We may collect Personal Information through the Services, e.g., when you search for materials, register for use of certain features of the Services or sign up for a newsletter.

  • From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties.

Use of Personal Information

We and our service providers may use Personal Information for our legitimate business interests, including the following:

  • To respond to your inquiries and fulfill your requests, complete your transactions, and provide you with related customer service.

  • To send administrative information to you, such as changes to our terms, conditions and policies, as well as marketing communications that we believe may be of interest.

  • To personalize your experience on the Services by presenting products and offers tailored to you, and to facilitate social sharing functionality.

  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

Disclosure of Personal Information

Your Personal Information may be disclosed:

  • To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.

  • To third parties, including Suppliers, to permit them to send the Buyers marketing communications, consistent with the Buyers’ choices if they have opted into such sharing of your Personal Information.

  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and content if provided under the service. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

Other Uses and Disclosures

We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include authorities outside your country of residence, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

In addition, we may use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Other Information

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as:

  • Browser and device information,

  • Usage data of any kind, including App usage data,

  • Information collected through cookies, pixel tags and other technologies,

  • Demographic information and other information provided by you that does not reveal your specific identity, such as used search terms,

  • Information that has been aggregated in a manner that it no longer reveals your specific identity,

as long as such data does not reveal your specific identity or does not directly relate to an identifiable individual.

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy.

Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.

  • Through your use of the App: When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

  • Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals.

    If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.

  • Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy//, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

  • IP Address: Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.

  • Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you do, we may not be able to provide you with the applicable personalized services and content.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps.

Social plugins from Facebook, LinkedIn, Xing, and Twitter

We use so-called social plugins (the “Plugins”) provided by the social networks Facebook, LinkedIn, XING and the microblogging service Twitter. The companies Facebook Inc., LinkedIn Inc., XING AG and Twitter Inc. (together the “Plugin Providers”) offer these services.

Facebook is operated by Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, USA (“Facebook”). An overview of Facebook’s plugins and how they look like is provided here: https://developers.facebook.com/docs/plugins.

LinkedIn is operated by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Irland (“LinkedIn”). An overview of LinkedIn’s plugins and how they look like is provided here: https://developer.linkedin.com/plugins.

XING is operated by XING AG., Xing AG, Dammtorstr. 30, 20354 Hamburg, Germany (“XING”). An overview of XING’s plugins and how they look like is provided here: https://dev.xing.com/.

Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). An overview of the Twitter buttons and how they look like is provided here: https://dev.twitter.com/web/overview.

The Plugins are using the “Shariff" software developed by c't and Heise Online (further information: https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html (german language version)). The Shariff solution allows us to implement the Plugins on our Website without compromising your privacy by ensuring that no connection to the Facebook, LinkedIn, XING and/or Twitter servers is established when you visit the Website. Your browser will only establish a direct connection to the servers of Facebook, LinkedIn, XING and/or Twitter once you actively interact with the respective Plugin. If you have previously provided personally identifiable information to a Plugin Provider, then this Plugin Provider may recognize you on this Website. Your use of the Plugins is subject to each Plugin Provider’s privacy policy, which may be different from this Privacy Policy, so please read the Plugin Providers’ policies carefully to understand them and learn about your options. We have no control over the information that is collected, stored, or used by the Plugin Providers using their Plugin.

Facebook’s privacy policy: http://www.facebook.com/policy.php

LinkedIn’s privacy policy: https://www.linkedin.com/legal/privacy-policy

XING’s privacy policy: https://www.xing.com/privacy

Twitter’s privacy policy: https://twitter.com/en/privacy

Security

The security of your Personal Information is very important to us. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

Choices and Access

Your choices regarding our use and disclosure of your Personal Information

We give you choices on the Services to opt into certain uses and disclosures of your Personal Information for marketing purposes. You may opt-out at any time from:

  • Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the instructions contained in each such emails or notifying us in accordance with the “Contacting Us” section below.

  • Our sharing of your Personal Information with unaffiliated third parties (including Suppliers) for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with unaffiliated third parties (including Suppliers) for their direct marketing purposes, you may opt-out of this sharing by notifying us in accordance with the “Contacting Us” section below.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

How you can access, change or suppress your Personal Information

If you would like to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, or if you would like to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us by:

Email: legal@matmatch.com

Matmatch GmbH
Leopoldstrasse 250a
80807 Munich
Germany

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase). There may also be residual information that will remain within our databases and other records, which will not be removed.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Use of Services by Minors

The Services are not directed to individuals under the age of eighteen (18) or if a higher minimum legal age limit is required by local law, under this age, and we do not knowingly collect Personal Information from individuals under 18 or if a higher minimum legal age limit is required by local law, from individuals under this age.

Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers.

Sensitive Information

we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

Updates to This Privacy Policy

We may change this Privacy Policy. The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contacting us

Matmatch GmbH, located at Matmatch GmbH, Leopoldstrasse 250a, 80807 Munich, Germany, is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at legal@matmatch.com, or:

Matmatch GmbH
Leopoldstrasse 250a
80807 Munich
Germany

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

You may also lodge a complaint with a supervisory authority competent for your country or region.

Datenschutzerklärung

Datenschutzerklärung für die Nutzung von Google Analytics

Diese Website nutzt Funktionen des Webanalysedienstes Google Analytics. Anbieter ist die Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Google Analytics verwendet sog. "Cookies". Das sind Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermöglichen. Die durch den Cookie erzeugten Informationen über Ihre Benutzung dieser Website werden in der Regel an einen Server von Google in den USA übertragen und dort gespeichert.

Mehr Informationen zum Umgang mit Nutzerdaten bei Google Analytics finden Sie in der Datenschutzerklärung von Google: https://support.google.com/analytics/answer/6004245?hl=de

Browser Plugin

Sie können die Speicherung der Cookies durch eine entsprechende Einstellung Ihrer Browser-Software verhindern; wir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht sämtliche Funktionen dieser Website vollumfänglich werden nutzen können. Sie können darüber hinaus die Erfassung der durch das Cookie erzeugten und auf Ihre Nutzung der Website bezogenen Daten (inkl. Ihrer IP-Adresse) an Google sowie die Verarbeitung dieser Daten durch Google verhindern, indem sie das unter dem folgenden Link verfügbare Browser-Plugin herunterladen und installieren: https://tools.google.com/dlpage/gaoptout?hl=de

Widerspruch gegen Datenerfassung

Sie können die Erfassung Ihrer Daten durch Google Analytics verhindern, indem Sie auf folgenden Link klicken. Es wird ein Opt-Out-Cookie gesetzt, dass das Erfassung Ihrer Daten bei zukünftigen Besuchen dieser Website verhindert: Google Analytics deaktivieren

IP-Anonymisierung

Wir nutzen die Funktion "Aktivierung der IP-Anonymisierung" auf dieser Webseite. Dadurch wird Ihre IP-Adresse von Google jedoch innerhalb von Mitgliedstaaten der Europäischen Union oder in anderen Vertragsstaaten des Abkommens über den Europäischen Wirtschaftsraum zuvor gekürzt. Nur in Ausnahmefällen wird die volle IP-Adresse an einen Server von Google in den USA übertragen und dort gekürzt. Im Auftrag des Betreibers dieser Website wird Google diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen gegenüber dem Websitebetreiber zu erbringen. Die im Rahmen von Google Analytics von Ihrem Browser übermittelte IP-Adresse wird nicht mit anderen Daten von Google zusammengeführt.

Auskunft, Löschung, Sperrung

Sie haben jederzeit das Recht auf unentgeltliche Auskunft über Ihre gespeicherten personenbezogenen Daten, deren Herkunft und Empfänger und den Zweck der Datenverarbeitung sowie ein Recht auf Berichtigung, Sperrung oder Löschung dieser Daten. Hierzu sowie zu weiteren Fragen zum Thema personenbezogene Daten können Sie sich jederzeit unter der im Impressum angegebenen Adresse an uns wenden.

Kontaktformular

Wenn Sie uns per Kontaktformular Anfragen zukommen lassen, werden Ihre Angaben aus dem Anfrageformular inklusive der von Ihnen dort angegebenen Kontaktdaten zwecks Bearbeitung der Anfrage und für den Fall von Anschlussfragen bei uns gespeichert. Diese Daten geben wir nicht ohne Ihre Einwilligung weiter.

Withdrawal Information

If You are contracting with Matmatch GmbH as a consumer (i.e., for purposes which are outside Your trade, business, craft or profession), You have the following right to withdraw from the contract with Matmatch GmbH:

Instruction on the Statutory Right of Withdrawal

Right of Withdrawal

If Matmatch provides the Service to the Buyer free of charge, You have the right to withdrawal from the this contract immediately without giving any reason.

In any other case You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, You must inform us, Matmatch GmbH, Leopoldstrasse 250a, 80807 Munich, Germany, Attention: Legal Team, legal@matmatch.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or e-mail). You may use the below model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for You to send your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If You withdraw from this contract, we shall reimburse to You all payments received from You if any, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.

If You requested to begin the performance of services during the withdrawal period, You shall pay us an amount which is in proportion to what has been provided until You have communicated us Your withdrawal from this contract, in comparison with the full coverage of the contract.

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

To: Matmatch GmbH, Leopoldstrasse 250a, 80807 Munich, Germany, Attention: Legal Team, legal@matmatch.com

I/we* hereby give notice that I/we* withdraw from my/our* contract
of sale of the following goods*/for the provision of the following services*:

_____________________________________________

Ordered on*/received on*:

_____________________________________________

Name of consumer(s):

_____________________________________________

Address of consumer(s):
_____________________________________________

Signature of consumer(s) (only if this form is notified on paper):

_____________________________________________

Date:

_____________________________________________

*Delete as appropriate.
End of Instruction on the Statutory Right of Withdrawal

Early Expiration of the Right of Withdrawal

For contracts on the provision of services, Your right of withdrawal shall expire when the services have been fully performed after (i) You gave Your prior explicit consent to starting the provision of the services and (ii) You simultaneously expressly acknowledged that You are aware that You would thereby lose Your right of withdrawal upon the services’ full performance.

For contracts on the supply of digital content (e.g., software, digital images, data) that is not supplied on a physical medium, Your right of withdrawal shall expire when performance has begun after (i) You gave Your prior explicit consent to starting the performance and (ii) You simultaneously expressly acknowledged that You are aware that You would thereby lose Your right of withdrawal upon the beginning of the performance.