TERMS OF USE
General Terms and Conditions of Use for the M&A World Deal Sharing, Matchmaking and Project Management Platform.
Version 2.1 (of May 21, 2024)
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Preamble
These terms and conditions of use shall apply to external as well as internal users. If you wish to use the Platform, you must first read these Terms of Use (“Terms”) carefully and agree with them. M&A World reserves the right to modify or change the Terms or any other policy at any time, and the ability to do so is in sole discretion, and any such changes, unless otherwise noted, will be applicable immediately. Always the current Terms are considered as in force and applicable.
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Scope
M&A World Kft. ("M&A World") offers M&A World Deal Sharing, Matchmaking and Project Management Platform (the "Platform") Internet services through its website www.mandaworld.org
The following terms and conditions shall regulate the use of the Platform. It is possible that existing contracts (including terms and conditions of use, confidentiality agreements, conditions of purchase) could apply to any services of M&A World and its affiliated companies to which the Platform may refer. In the event of a conflict between those existing contracts and these General Terms and Conditions of Use the former shall prevail.
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Services
The M&A World Platform has web pages, which are accessible by the public, as well as access-restricted web pages for which registration is required. After logging in, partners have access to a general as well as a function-specific selection of information and services.
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Costs
M&A World, itself, shall request no remuneration for the development of the Platform and making it available for use. Most services at the Platform are free, the cost of any additional services provided by means of the Platform shall be subject to separate agreement or order form. Any user costs associated with the Portal such as, in particular, access to the Internet, user and administration overheads as well as the purchase of necessary hardware and software shall not be refundable by M&A World.
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Organizational Requirements
Access to the Platform's non-public web pages is restricted to the employees, clients, members, partners and its affiliated companies of M&A World and those companies designated by M&A World as partners or members. Access requires prior registration. Registration can only be approved through an authorized master administrator. Users shall log in at the beginning of every session. User names and initial passwords required for login shall be assigned to users on registration. M&A World reserves the right to fully or partially refuse registration or login or to cancel any existing rights of access.
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Technical Requirements
The current technical requirements for access are described under Technical Requirement. These requirements may, if necessary, be adapted to individual situations.
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Duration and Extent of User Rights
M&A World is entitled to determine the duration and extent of any rights of access as well as the general scope of services provided through the Platform. In the event that M&A World terminates user rights without cause and notwithstanding the user's need for access for the performance of contractual obligations to M&A World, M&A World shall have no claim for the non-performance of those contractual obligations. Both M&A World and the user are entitled to terminate user rights and obligations at any time.
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User's Duty of Care
The right of access is not transferable. The user shall assure that his password does not come into the possession of any unauthorized third party. In the event that a user becomes aware that an unauthorized third party has come into possession of his password or if the user has reason to believe that improper use is being made of his access details, the user shall immediately amend his password. Should this not be possible, the user shall promptly notify his master administrator.
Upon any changes in his position or responsibilities, the user shall request the master administrator to change his/her rights of access to be consistent with his/her changed responsibilities.
M&A World reserves the right to deny access and to seek other forms of legal redress in the event of any infringement of these terms and conditions in particular in relation to the improper use of user-related access details. The user is further prohibited to engage in any activities, which could result in the destruction or manipulation by that user or any third party of databases or IT systems of M&A World or its affiliated companies or its designated member or partner companies.
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Confidentiality, Information Protection, and Protection of Personal Data
Notwithstanding any existing legal or contractual obligations regarding confidentiality, the following undertakings shall be continuing and therefore remain valid after the termination of user rights: The user undertakes to treat all knowledge relating to business secrets, which come into his possession, as confidential. The user shall assure that any protected data, which comes into his possession through the use of the Platform, is not transmitted to any unauthorized persons. M&A World complies with international standards for the protection of personal data.
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Liability
The portal is maintained with the necessary diligence. Nevertheless, while the information provided is believed to be accurate, it may include errors or inaccuracies. In no event shall M&A World be liable to any person for any special, indirect or consequential damages relating to the use of the Platform or its unavailability, unless caused by gross negligence or intentional misconduct. For the clarification it shall be ascertained, that this limitation of liability shall not infringe the supplier´s right to accuse M&A World of the unavailability of the Platform or any inaccuracy of information provided, if the use of the Platform was necessary and agreed upon contractually. M&A World waives its liability for any links from the portal to third party websites and their content.
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Trademarks and Know-how
Unless otherwise stated, all trademarks and know-how used in the Platform are protected by M&A World. This is, in particular, applicable to any trademarks and know-how, type designations, logos and emblems.
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License
All intellectual property contained in the Platform such as patents, trademarks, know-how and copyrights are protected. User rights are granted only to the extent and for the duration that they are required in connection with any legal use of the Platform. In addition, no license is granted for the use of intellectual property of M&A World or its affiliated companies or third parties.
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Copyright
Text, pictures, graphics, sound, animations and videos as well as their layout in the Platform are protected by copyright and/or other intellectual property rights. User rights are granted only to the extent and duration that they are required for the legal use of the Platform. In addition, the contents of the website may not be copied, distributed, altered or otherwise made available to third parties for commercial purposes. It is possible that photographs or other images on the website may have been copyrighted by third parties. If you use any text, pictures, images or graphs it is your responsibility to check and adapt only commercially usable documents, text or files.
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Supplementary Terms and Conditions for Administrator
The following terms and conditions apply to master administrators. The master administrator shall be the partner companies' central organizational point of contact in connection with the use of the Platform. He/She is responsible for the organization and co-ordination of electronic communications between partner/member companies and M&A World. To assist him/her, deputies and, for decentralized user administration, additional administrators may be designated. The master administrator shall, in general, receive all information relating to the operation and use of the Platform and shall have access to all data of the Platform intended for his/her company. A master administrator shall be designated by each partner/member company and shall act on its behalf. The master administrator is responsible for assuring that only requests for access from authorized persons are forwarded or notified to M&A World. He/She shall be personally responsible for the maintenance and updating of his company's user data (user profile, company profile, professional profile). Whenever a user's position or responsibilities are changed, he/she shall assure the consistency of access privileges with that user's new responsibilities. In addition, the master administrator shall delete user information either on termination of the user's employment or at that user's express request.
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Concluding Provisions
In the event that it becomes necessary to amend these General Terms and Conditions of Use, M&A World shall notify the user and offer to extend the validity of his/her user privileges applying the amended terms and conditions. If the amended terms and conditions are refused by the user, M&A World shall terminate user privileges and cancel existing rights of access. In the event that any provision of these General Terms and Conditions of Use is or becomes ineffective, then all other terms and conditions of use shall remain unaffected. M&A World and the partner/member/client/user company shall, in all reasonable good faith, replace the ineffective provision with a permissible provision, the commercial consequences of which are as close as possible to those of the ineffective provision, to the extent that this does not result in a material amendment of the content. These terms and conditions as well as the legal relationship between the parties are subject to Hungarian law. Any disputes arising in connection with these General Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the courts of Budapest. Any questions regarding these General Terms and Conditions of Use shall be directed to mandaworld@mandaworld.org.