Matching.de GmbH (registered with trade register number HRB134147 in Frankfurt am Main, trade name Matching.de) provides access via the internet to the software developed by it. These are the terms and conditions applicable to the use of the services offered by Matching.de GmbH (the “Services”), including the use of ‘Matching.de’, an online platform that serves as a All-in-one M&A Platform with several functionalities like matchmaking, communication, document repository, community and academy.
By using the Website, the Platform, or any other Service, you agree that these terms and conditions apply to them. If you do not agree with these Terms, you are advised not to use the Services.
1.1 The following definitions and rules of interpretation apply to these terms and conditions:
Employees
The employees of the User or a natural person authorized by the User to perform work on behalf of and under the responsibility of the User.Log-in Data
User code(s) intended for the User only, which grant access to the Platform.Log-in Procedure
The procedure that User must follow to gain access to the Platform.Platform
The online platform Matching.de, an online platform that serves as a All-in-one M&A Platform with several functionalities like matchmaking, communication, document repository, community and academy.Registration
The completion of a form that captures data from a prospective user via the Website.Services
All services offered by Supplier or one of its subsidiaries.Supplier
Matching.de GmbH (trade name Matching.de) or one of its subsidiaries.Terms
These terms and conditions for the Platform.User
Any natural or legal person who has completed the Registration.User Agreement
The agreement between User and Supplier for the use of the Platform or any other Service. This can be a signed contract between User and Supplier or an email sent from Supplier to User, which states what is agreed upon between Supplier and User.Website
The website https://www.matching.de
2.1 User and Supplier have entered into a User Agreement granting User the non-exclusive right to use the Platform for the duration of the User Agreement. User shall only use the Services in accordance with these Terms and the stipulations of the User Agreement.
2.2 User shall not allow the Services to be used by or for any other (legal) person than User or its Employees. User shall not make improper use of the Services.
2.3 User cannot transfer its rights or obligations arising from the User Agreement or these Terms to third parties.
2.4 User shall not cause inconvenience or damage in any way to Supplier or customers of Supplier when using the Services, all this at the discretion of the Supplier. User shall not perform any action that is or is likely to be damaging to the systems of Supplier or customers of Supplier.
2.5 The Platform is a standard solution, and the software is provided 'as is' as shown in the latest available version.
3.1 User owes Supplier a commission for any closed deals facilitated through the Platform. This commission is covered by the buyer as agreed upon in the User Agreement.
3.2 The commission referred to in Article 3.1 is payable upon the successful closing of a deal facilitated through the Platform or in cases where Supplier has established contact between the buyer and seller, and the deal is closed outside the Platform.
3.3 Before the commencement of the process, a Non-Disclosure Agreement (NDA) and a Letter of Intent (LOI) will be signed by all involved parties to ensure confidentiality and clarify the terms of the engagement.
3.4 Supplier does not receive any payment for the information shared on the Platform or any matches made unless a deal is successfully closed.
3.5 Supplier reserves the right to amend the commission structure for the Services from time to time. Any changes in the commission structure will be communicated to User in a timely fashion via the Platform or otherwise.
3.6 Use of the Platform after the date the change in commission structure takes effect shall constitute acceptance by User of the amended commission structure.
4.1 User is responsible and liable for its use (including the Log-in Data) of the Services and for the accuracy of all information and (personal) data User enters and stores when using the Services.
4.2 User indemnifies Supplier for any damages, including third-party claims, and including all costs and expenses of Supplier pursuant to the improper use by User of the Services, including but not limited to entering inaccurate information or data on the Platform, or any other violation of these Terms or the terms of the User Agreement.
4.3 User is obliged to follow the Registration and Log-in Procedure. Supplier is entitled to adjust the Log-in Procedure at its discretion, of which change Supplier shall notify User in time.
4.4 User must protect its Log-in Data. User is responsible for using and storing the Log-in Data carefully. The Log-in Data are not transferable and may not be used outside the organization of User. User shall observe strict confidentiality in respect of the Log-in Data and any other information made available on the Platform.
4.5 Supplier may assume that all actions undertaken from the account of User after logging in with the Log-in Data of User are authorized and supervised by User. User is liable for any (unauthorized) use of its Log-in Data, unless and until User has notified Supplier that a non-User has its Log-in Data.
4.6 User guarantees to notify Supplier, in writing or via the Services, immediately of a change in its address and/or payment information.
4.7 If User does not fulfil its obligations under the User Agreement or these Terms, Supplier is entitled to limit the functionality of the Services for User or block the access of User to the Services.
4.8 User is responsible for the operation of its hardware and software configuration, peripheral equipment and internet connection required for use of the Services.
4.9 Users should comply with privacy laws and regulations, such as the General Data Protection Regulation. Therefore, the collection of information for external purposes without explicit upfront agreement by Matching.de is strictly forbidden.
The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
The controller is not liable for any legal proceedings taken against you:
because of the use of the website or services accessible via the Internet
for violating the terms of this privacy policy
The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.
6.1 Your personal data will be collected by Matching.de GmbH and (an) external processor(s). Personal data means any information relating to an identified or identifiable natural person (data subject).
6.2 An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
6.3 The personal data that are collected on the website are used mainly by the collector in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.
6.4 Matching.de is committed to protecting the privacy of the members and complies with privacy laws and regulations, such as the General Data Protection Regulation.
6.5 Matching.de has taken extensive technical and organisational measures to prevent the loss, misuse and alteration of the personal data.
7.1 Supplier is not liable for any damage resulting from:
7.1.1 the temporary unavailability of (part of) the Services;
7.1.2 the (not-)functioning of any equipment, hardware or software or internet connection of User or third parties;
7.1.3 the incorrect, incomplete or untimely transfer or receipt of any data that is entered into the Platform or any other Service and stored with Supplier;
7.2 Supplier is in no event liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, damage due to claims of customers of User, impairment or loss of data, regardless of the nature of the act, and even if Supplier was informed of the probability of the occurrence of the damage.
7.3 User indemnifies Supplier from third party claims arising out of or related to the User Agreement or these Terms, unless User might have made such valid claims against Supplier in accordance with the provisions of this Article 7 if the User suffered the damage itself.
7.4 Any right of User to compensation shall lapse in any case if User has failed to take measures to: i) limit the damage immediately after it has occurred, ii) prevent (other or further) damage before it occurs, or iii) inform Supplier as soon as reasonably possible about the damage and provide Supplier with all relevant information.
7.5 Any claim for damages against Supplier shall be extinguished by the mere lapse of 24 months after the claim arises.
8.1 Supplier reserves the right to amend these Terms unilaterally. Supplier will communicate any change in the Terms to User as soon as possible.
8.2 Supplier is entitled to transfer its rights and obligations under this agreement to a third party.
8.3 The User Agreement and these Terms shall be exclusively governed by German law.
8.4 All disputes, controversies or claims arising out of or in connection with these Terms or the User Agreement shall be brought before the competent court of Frankfurt am Main, Germany.