General Terms and Conditions
Introduction
In order to optimize and accelerate the processes between purchasing and sales departments of collaborating companies, Prospeum GmbH (hereinafter referred to as “Prospeum”), based in Stuttgart, operates the Prospeum Platform, which you can access via the following URL: https://dashboard.prospeum.com.
The platform offers potential suppliers and service providers (hereinafter referred to as “Suppliers”) the opportunity to collaborate with purchasing departments by:
participating in tenders,
presenting their company as well as their products and services,
registering in the supplier database of the purchasing departments.
If the company is already registered in a purchasing department’s supplier database, the platform offers Suppliers the opportunity to:
update the stored data so that the purchasing department always has access to the most current status of the company.
Use of the Prospeum Platform as a Supplier is exclusively governed by these General Terms and Conditions of Use.
The platform also offers companies the ability to act as a purchasing department and manage their tenders and supplier management activities via Prospeum.
Use of the Prospeum Platform as a purchasing department is exclusively governed by a separate individual agreement.
1. Self-disclosure and Registration
After entering the required data and accepting these Terms and Conditions of Use, the Supplier will receive a system email with a registration confirmation.
Upon confirming the registration, the Supplier can access the Prospeum Platform using its login credentials. Initially, the Supplier will be guided through an online form in which they must provide information about their company. The Supplier warrants the accuracy and completeness of the data it enters into the online form. Prospeum may randomly check this data for accuracy and reserves the right to review Suppliers manually. The Supplier has no entitlement to registration and inclusion in the database of the Prospeum Platform. Prospeum also reserves the right, after receiving the self-disclosure, to ask further questions that may be of interest to Prospeum for registration and inclusion in the database of the Prospeum Platform.
The Supplier is obliged to update the data it has provided without delay and without any prior request, especially in the event that essential information about its company changes (for example, if any certifications communicated in the self-disclosure pursuant to Section 1.2 expire, or in case of changes to the legal form or product and service portfolio).
2. Use of the Prospeum Platform
In using the Prospeum Platform, the Supplier must comply with all intellectual property rights of Prospeum and third parties, in particular copyrights, name rights, and trademark rights.
Misuse of the Prospeum Platform is prohibited. In particular, the Supplier must refrain from any attempt to view non-publicly accessible data of other Suppliers on this platform.
Information must not be distributed, rented, or otherwise made available to third parties at any time, nor used in a commercial manner.
The password provided for use must be kept confidential. As soon as there is reason to believe that any unauthorized third party has obtained knowledge of a password, it must be changed immediately. If the service is used by third parties with the Supplier’s password, the Supplier shall be subject to the same obligations as if they were using it themselves. This obligation does not apply to the extent that the Supplier is not responsible for third-party use.
Prospeum may monitor and, if necessary, enforce the right of use by appropriate technical measures (access restrictions, blocking, expiration of validity).
Any modifications to the program code and accompanying documentation require the consent of Prospeum. The Parties agree that even in the event of co-development of a program, all rights of use to the modified program code and the accompanying documentation belong exclusively to Prospeum. No compensation payments shall be due for this. The recipient of the services expressly waives the assertion of any rights under the German Copyright Act (UrhG).
By using the platform services, each user—whether or not an individual agreement has been concluded—unconditionally agrees to these General Terms and Conditions of Use.
3. Consent to the Use of Cookies
Prospeum uses cookies when you visit its websites. You can determine the use and scope of cookies through your computer settings (usually in the internet browser, e.g., Internet Explorer). Prospeum assumes that you consent to the use of cookies if your browser allows them. For data protection matters, please refer to our Privacy Policy.
4. Warranty and Liability
Prospeum endeavors to the best of its ability to ensure the reliability and accuracy of the information contained on this platform. Such information is non-binding and subject to change at any time.
Prospeum assumes no liability for the availability and functionality of the Prospeum Platform.
Prospeum, its legal representatives, and its employees shall only be liable—regardless of the legal basis—for gross negligence, willful misconduct, or if a material obligation arising from these General Terms and Conditions of Use (cardinal obligation) is culpably breached. In the event of simple negligence in breaching cardinal obligations, liability for damages and reimbursement of expenses is limited to the foreseeable, typically occurring damages. These limitations of liability do not apply if Prospeum or its legal representatives and employees are subject to compulsory liability in cases of injury to life, body, or health or for any other compelling reason.
5. Changes to the General Terms and Conditions
Prospeum reserves the right to modify these General Terms and Conditions of Use at any time. Any such changes will be announced in an appropriate manner.
If the rights of Suppliers are affected by a change to these General Terms and Conditions of Use, the affected Suppliers may object to such a change within two weeks of the amendment. After expiry of this period without objection, the amended General Terms and Conditions of Use become valid. If you object to the amendment within this period, the old Terms and Conditions shall continue to apply. In the event of an objection to the change of the General Terms and Conditions, Prospeum is entitled to terminate the use of the services with two weeks’ notice to the end of a month.
6. Copyright
The content of the Prospeum Platform is protected by copyright.
Prospeum grants the Supplier a non-exclusive and non-transferable right to use any information provided on the Prospeum Platform within the scope of these General Terms and Conditions of Use and the resulting purpose of use.
7. Deletion of Registration
Prospeum reserves the right to delete, at any time and without giving reasons, already registered and included Suppliers as well as individual data provided by them from the platform and to block access to the Supplier portal. Prospeum also has the right to discontinue the operation of the platform as a whole at any time.
Suppliers may request in writing at any time and without stating reasons that their registration and all data contained in the database of the platform be deleted. The data shall be deleted immediately, provided that this does not conflict with the processing of existing contractual relationships. A request for deletion must be sent to the following address: info@prospeum.de.
8. Data Protection
In collecting, using, and processing the personal data of the Supplier, Prospeum observes the applicable laws on data protection and data security. The general privacy policy at the following address applies unless otherwise stipulated in these General Terms and Conditions of Use for the Prospeum Platform: https://prospeum.com/privacy.
The Supplier expressly consents to the permanent storage and use of the data it provides by Prospeum in the context of operating this platform. In particular, Prospeum has the right to use, process, and internally compare the Supplier’s data with data from other Suppliers for the purposes of purchasing, including the handling of contractual relationships.
9. Miscellaneous
Reference: The Supplier revocably consents to Prospeum using the Supplier’s name, logo, and other Supplier features as a reference free of charge. This particularly applies to naming the Supplier on Prospeum’s website, placing the Supplier’s logo there, referencing in the context of public relations, and in marketing measures. This also applies after termination of the contract. It also applies to third-party customers who use Prospeum’s services without explicitly concluding an individual contract.
10. Final Provisions
Should any provision of these General Terms and Conditions of Use be or become invalid and/or unenforceable, the validity of the remaining provisions shall not be affected. The Parties shall promptly replace the invalid or unenforceable provision with a valid or enforceable provision that most closely reflects the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of any regulatory gaps.
German law shall apply to the use of the services connected with the Supplier portal and to these General Terms and Conditions of Use, to the exclusion of the provisions of international private law.
The exclusive place of jurisdiction for any disputes in connection with the use of the Supplier portal and these General Terms and Conditions of Use is Munich.
