General Terms and Conditions for BearingPoint Events

“BearingPoint”, “us”, “We”, “our”: means BearingPoint GmbH and all its affiliate, officers, directors, employees, contractors and agents. 

“BearingPoint IP” means any IPRs or any derivates thereof, owned, licensed, or otherwise controlled by BearingPoint or any of its affiliated companies, whether developed or acquired prior to or during an Event. 

“Confidential Information” means any information in any form now known or later developed that BearingPoint and Participants provide to each other during the course of an Event. Confidential Information includes, without limitation, records and information: (i) that has been marked as proprietary or confidential; (ii) whose confidential nature has been made known; or (iii) that due to its character and nature, a reasonable person under like circumstances would treat as confidential. Confidential Information includes in particular:

• know-how, including templates, diagrams, flowcharts, tools, specifications, drawings, sketches, models, samples, prototypes, records, documentations, databases, collections or compilations of data, works, formulae, inventions, models, documents, pictures and files provided for this purpose;
• all technical information, in particular equipment and manufacturing processes, architecture, structure, design, composition, components and algorithms used, software contained as object or source code or other information relating to the Content;
• information on the logistics and distribution of the Event, including internal business procedures and processes related to the marketing of the Content and the Event;
• information on employees and other staff involved in the Event, whether individually or in aggregated form, including all personal data.

Confidential Information does not include information which: (i) is already known to the other party at the time of disclosure; (ii) is or becomes publicly known or generally available through no wrongful act or failure of the other party; (iii) is independently developed without benefit of the other’s Confidential Information; or (iv) is received by or from a third party which is not under and does not thereby breach an obligation of confidentiality. The above exceptions shall only apply to the extent that the receiving party did not obtain the information based on a breach of statutory or contractual confidentiality obligations.

“Content”: refers to any and all information, text, photos and other content provided or made available by BearingPoint or third parties in relation to an Event.

“Event” means a webinar, a training, a workshop, a meeting, or any other event organised by BearingPoint.

 “Intellectual Property Rights” (“IPRs”) means all registered and unregistered rights, interest and title in or to any materials, products and results of work and services, whether tangible or intangible, including but not limited to algorithms, computer programs (in any form including source code or object code), interfaces, applications, methodologies, templates, diagrams, flowcharts, tools, specifications, drawings, sketches, models, samples, prototypes, records and documentations, ideas, concepts, know-how, techniques, technology, databases, collections or compilations of data, information or works, formulae, inventions, models, processes and their improvements, discoveries,  furthermore logos, slogans, domain names, uniform resource locators and other names and locators associated with the Internet and other communication networks (jointly “Do-main Names”), websites, writings, any other works of authorship, products and data (in each of the foregoing cases, including their respective drafts, preliminary stages, derivatives, enhancements thereof and modifications thereto), which may exist under the laws of any jurisdiction in the world, including but not limited to: (a) copyright and other rights associated with works of author-ship, rights of use in copyrights, related “sui generis rights”, including database rights and auxiliary rights to copyrights; (b) rights to trademarks and other indicia of source or origin; (c) rights to Do-main Names (d) rights in confidential information, including business and trade secret rights (including rights to limit the use or disclosure of confidential information by any person); (e) patents, utility models and industrial designs; (f) all other proprietary rights of similar nature recognized in any jurisdiction in the world; and (g) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and ap-plications for, any of the rights referred to in sub-sections (a) to (f) of this definition.

“Online Event’” means an Event that takes place online.

‘’Onsite Event”’ means an Event that takes place at a chosen venue.

“Participant” or “You”’  means the person, as a representant of your company who register online to attend an Event.

“Privacy Statement” means the document that can be found here https://www.bearingpoint.com/en/privacy-statement/.

“Third-Party Material”: means tools, documentation, software, app or any material issued by a third-party and shared with You for the purpose of the Event.

2. 1. Participants shall register online before attending an Event and accept these Terms by checking the “’accept’” checkbox.
2.2. Participants can not register for an Event if they are under the age of 18 or on behalf of another person.
2.3. Particpants can only register if they are employee officer, director, employee, contractor or agent of a commercial company.
2.4. Participants will receive via email the following information and documents:

- the date and time of the Event;
- the invitation link for Online Event or the address of the venue for Onsite Events;
- a short description of the Event;
- the invoice if the Event is subject to a fee;
- the contact email at BearingPoint for withdrawal and cancellation in accordance with section 5;
- a copy of these Terms;
- any additional Third-Party Provider terms; and  
- the Privacy Statement

The Participant agrees to comply with the rules and regulations of the Onsite Event venue including but not limited to housekeeping rules, Covid-19 rules and security requirements.

The Participant will receive an invitation link to an online meeting which is personal and cannot be forwarded.  The Online Event cannot be recorded by the Participant. BearingPoint may record the Event. Participant agrees to comply with any of the housekeeping rules of the Online Event, which may be communicated to Participant before the Online Event.

5.1. Participation in an Event may be free of charge or subject to a fee. The information will be displayed on the website https://www.bearingpoint.com/en/insights-events/bearingpoint-academy/.
5.2. If the Event is subject to a fee, the invoice will be sent to You by email and is payable immediately after the receipt of the invoice.

6.1. Participants may withdraw their participation in an Event at any time, but at the latest 15 (fifteen) days before the Event, by email notice.  
6.2. In the event of cancellation or withdrawal more than 15 (fifteen) days before an Event subject to a fee, Participant will receive an email with the option to register for a replacement Event at the same conditions. Participant who does not agree to participate to the replacement Event can request refund. For the avoidance of doubt, in the event Participants withdraw their participation less than 15 (fifteen) days before the Event, the fees are not refundable.
6.3. BearingPoint reserves the right to cancel an Event at any time, in which case, Participants will be informed by email.
6.4. Notices and requests under this section shall be sent to the contact address specified in the registration email.

7.1. BearingPoint IPR

7.1.1. BearingPoint reserves all of its rights, titles and interests in any and all copyrights, trademark rights, patent rights and other Intellectual Property Rights in and to the BearingPoint Content and any administrative communications, records, files and working papers relating to the Event and any improvements and derivative works thereto. The Content shall be and remain the sole and exclusive property of BearingPoint and its third-party suppliers.
7.1.2. No rights are granted to the Participants under these Terms other than expressly set forth herein.
7.1.3. Each party’s IPRs that is shared or disclosed during an Event, shall be and remain the sole and exclusive property of such party or its third-party suppliers. In no event a party shall use the other party’s IPRs or third-party provider’s IPRs after the Event.

Participants may provide BearingPoint with feedback. Participants’ feedback may include suggestions, enhancements, recommendations, corrections, or any other kind of feedback (“Feedback”). Participant grants BearingPoint an exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable right to use the Feedback in any way including but not limited to the right (i) to modify, adopt, incorporate into and/or to use to develop any other service or product of BearingPoint and its affiliated companies, provided that such Feedback does not include any reference to the Participant or otherwise allows the identification of the Participant, and (ii) to use, distribute, act on and use, send and make available such Feedback to clients of BearingPoint and its affiliated companies.

Your use of Third-Party Materials as an external user may be subject to BearingPoint’s license agreement or user agreement with the Third-Party Material provider (the ‘License’), and your use will at all times be subject to said License, solely for Your personal, non-transferable, non-exclusive right to use the Third-Party Material as an external user, for the sole purpose of collaboration and information during the Event. Additional or special Third-Party Material provider’s terms of use may apply to You for a specific Event. Aditional terms will be sent to You before the Event.

Any use of the BearingPoint Content and the Third-Party Material for illegal purposes is prohibited.

Participant shall not in any manner: 

i. reproduce, redistribute,  record, transfer, perform or display to the public or use or make copies of, or otherwise duplicate any materials contained in the Content or the Third-Party Material or otherwise make any use of the Third-Party Material or the Content which is not expressly authorised under these Terms or permitted under applicable law or which othewise infringes the IPR in the Third-Party Material or the Content or any part of it;

ii. make the Third-Party Material or any Content, available to any third party

iii. reverse-engineer, decompliy, dissassemble, modify or create derivate works of the Third-Party Material  or any part thereof except to the extent permitted by applicable law.

iv. sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Third-Party Material , or create any Internet “link” to the the Third-Party Material without prior express written authorisation from BearingPoint, or “frame” or “mirror” the materials or services contained on or accessible from the Third-Party Material on any other server or Internet-based device

v. cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the Third-Party Material , except to the extent permitted by law

vi. or remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend, or any license agreement, included or provided with the Third-Party Material and the Content. In addition, without limitation, You agree not to use the Third-Party Material : 

• to harvest, collect, gather or assemble any materials for other than internal, noncommercial use
• to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent
• to transmit or post any material or information which is unlawful, harassing, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, invasive of another’s privacy, vulgar, obscene or otherwise objectionable
• to transmit any material that may infringe the Intellectual Property Rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity
• to transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, “cancelbots” or the like
• to interfere with or disrupt servers or networks connected to the Third-Party Material , website or databases, or violate the regulations, policies or procedures of such networks
• to attempt to gain unauthorized access to the Third-Party Material , other accounts, websites, computer systems or networks connected to the Third-Party Material , through password mining or any other means
• or to harass or interfere with another user’s use and enjoyment of the Third-Party Material.

The content shared for the purpose of an event is for general information only. It does not contain a full analysis or any advice (including any legal, financial, or expert advice) nor do they constitute an opinion and is not intended to address the circumstances of any individual or entity.  Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future.

We do not accept responsibility or liability to users or any third parties in relation to the use of the content. To the fullest extent permitted by law, BearingPoint shall have no liability whatsoever. Nothing in these terms shall operate to exclude or restrict liability that cannot be excluded or restricted by applicable laws or regulations.

All copyright, trademarks and other intellectual property in or arising out of the content vest solely in us or in the third party material provider. You agree not to modify, reproduce, copy, distribute, disclose to third parties or derive commercial use or benefit from the content without our prior written consent. You agree not to use or permit the use of the content for any illegal purpose nor use the content in such a manner as would bring us or our business into disrepute.

No one should act upon the stated information without appropriate professional advice after a thorough examination of the facts of the situation.

Except where expressly provided otherwise, the third-party material, and all content provided are provided on an "as is" and "as available" basis. BearingPoint expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement with respect to the sites and all content provided on or through the sites BearingPoint makes no warranty that: (a) the third material or the content will meet your requirements; (b) the third party material will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the third party material provided on or through the third party material or from the use of any content will be accurate or reliable; or (d) the quality of any content accessed or obtained by you on or through third party material will meet your expectations.

Any content accessed, downloaded or otherwise obtained for the purpose of an event is used at your own discretion and risk. BearingPoint and its sites hosts shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.

12.1. BearingPoint shall only be liable without limitation for intent and gross negligence. With regard to slight negligence, the liability of BearingPoint shall be limited and restricted to the foreseeable damage that might typically occur under the contract if an obligation is violated, the fulfilment of which is essential for the proper performance of the contract and on the compliance with which the customer may regularly rely (cardinal duty).

12.2. The foregoing liability limitations or exclusions shall not apply to claims resulting from fraudulent concealment of a defect, acceptance of a guarantee and claims pursuant to the german product liability act (produkthaftungsgesetz, prodhaftg) and to damage arising from injuries to life, body or health.

12.3. Insofar as Bearingpoint’s liability is excluded or limited, such exclusion or limitation shall also apply to the personal liability of its employees, workers, representatives and vicarious agents and affiliates.

12.4. Any liability of BearingPoint for a loss of profits (in german “haftung für entgangenen gewinn”) indirect, special or consequential loss, costs, charges or expenses arising as consequence of this agreement, further for loss of revenue, any third party losses to the extent that they represent the indirect loss of a third party, loss of direct and or indirect anticipated savings, loss of goodwill and loss, corruption or destruction of data or information is waived and any more extensive liability of BearingPoint is excluded on the merits.

12.5. No terms of this agreement shall benefit or create any right or cause of action in or on behalf of any person or entity other than participants and BearingPoint. 

BearingPoint reserves the right to change these Terms or its Privacy Statement from time to time by posting updated Terms or Privacy Statement at the following address https://www.bearingpoint.com/en/insights-events/bearingpoint-academy/.

The Terms will continue to apply to You until terminated by Us or after the Event has taken place, whichever happens first. We may terminate the Terms at any time, including in the event of non-compliance with the Terms, or if we cancel an Event (in which case we shall provide you with reasonable notice in advance of doing so). If We terminate the Terms, or if We cancel an Event, save for the cancellation policy set forth in section 6,  You agree that BearingPoint shall have no liability or responsibility to You to the fullest extent permitted under applicable law. This section will be enforced to the extent permissible by applicable law.

Each party agrees to keep secret, treat confidential and protect the other’s Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. Confidential Information may only be used for the purpose of an Event in accordance with these Terms.

Neither party shall use or disclose to any person, firm or entity, except with respect to those of its employees, agents or subcontractors with a need to know under these Terms, any Confidential Information of the other party without the other’s express, prior written permission; provided, however, that notwithstanding the foregoing, Confidential Information may be disclosed to the extent required by law, a court of competent jurisdiction or an administrative order.  In this case, where permitted, the respective party shall make reasonable efforts to ensure that the Confidential Information is kept confidential and the other party is promptly notified in writing of the applicability of such law or order to give the opportunity for intervention.

Upon termination of these Terms and request of the disclosing party, the receiving party shall return, delete or destroy all materials containing Confidential Information provided and still in its possession within ten (10) calendar days in full. The obligation to return, delete or destroy shall not apply to electronically stored copies made in the course of routine information technology backups, provided that such electronically stored confidential information shall be subject to an obligation of confidentiality.

These confidentiality restrictions and obligations shall terminate five (5) years after the expiration or termination of these Terms.

BearingPoint does not make any warranty as to the accuracy or completeness of any Confidential Information it discloses, or that such information is free of third-party Intellectual Property Rights. BearingPoint shall not be liable for any loss, delay, interception, corruption, or alteration of any Internet e-mail due to any reason beyond BearingPoint’s reasonable control. 

BearingPoint may assign the Terms, and any of its rights under the Terms, in whole or in part, and BearingPoint may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license its rights under the Terms, to any third party.

These Terms shall be governed and construed in accordance with the laws of Germany without regard to the International Private Law provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, shall not apply to these Terms. 

If individual parts of these Terms are or become invalid or if the Terms contains an omission, this shall not affect the validity of the remaining provisions. In such a case, the invalid provisions shall be replaced by provisions that best match the economic purpose of the invalid provisions. This shall also apply in the case of an omission.

The governing language of these Terms shall be English, regardless of any current or future translations thereof.

1. Acceptable Use Policy and Privacy Notice

You agree to read and use the Mural services in accordance with  the Mural Acceptable Use Policy https://www.mural.co/terms/acceptable-use-policy, the Privacy Policy https://www.mural.co/terms/privacy-policy , the cookie policy https://www.mural.co/terms/cookie-policy and the copyright policy https://www.mural.co/terms/copyright-policy (together the “Mural Terms”), which can be changed by Mural from time to time . 

2. Restrictions

You agree that you will not circumvent, disable or otherwise interfere with security-related features of the Services or any features that prevent or restrict use or copying or enforce limitations on use of the Services. You will not access the Services by any means other than through those that we provide to you, and will not sell or otherwise let others use your MURAL account. You will not (and will not aid or permit any third party or Authorized User in any) attempt to do any of the following without our express written authorization:

(a) copy or adapt any object code or attempt to reverse engineer or discover any source code that makes up the Services;

(b) scrape, mine, or otherwise extract or copy any data, content, or materials from the Services (other than as a result of our Integrations, or standard search engine or Internet browser functionality);

(c) resell, lease, or otherwise provide any third party with access to the Services other than as expressly contemplated in this Agreement; or

(d) otherwise violate our Acceptable Use Policy or API Policy. You gain no independent rights to the Services or to Content, MURAL data, personal information, or any other data, content or information to which you may have access through our Services, simply by virtue of using our Services. You will not use our Services to create any application, integration, platform, or service that competes with the Services in whole or in part.

3. Data and Privacy

You acknowledge and agree that MURAL may use Personal Data for analytics and product development purposes, and that such purposes are compatible with providing the Services. You further acknowledge that the Services are not intended or designed for, and may not be used for, processing or storing any of the following: (a) special categories of data as enumerated in GDPR Article 9(1); (b) medical data, patient data, medical records, patient records, or other “Protected Health Information” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (HIPAA) and other medical industry laws and regulations; (c) financial account records or data, credit, debit or other payment card records or data, financial transaction records, tax records, accounting records, insurance records, or any other financial account or transaction records or data that are protected under applicable financial industry laws and regulations; (d) “personally identifiable information” from “education records,” as such terms are defined in the Family Educational Rights and Privacy Act (FERPA) and similar U.S. state and federal laws, and any related rules or amendments; (e) tax identification numbers, Social Security numbers, driver’s license numbers, or other government identification numbers or records; or (f) any other personal information that is considered sensitive or subject to additional protections under applicable law; ((a)-(f) collectively “Sensitive Data”). You will not create on or post to the Services or otherwise use the Services to process or store any information that is considered Sensitive Data. You acknowledge that MURAL is not a “Business Associate” as defined in HIPAA, and that the Services are not HIPAA compliant. You further acknowledge that MURAL is not critical infrastructure, a banking service provider, or a high-risk or critical vendor as those terms are generally understood under applicable financial regulations. You further acknowledge that MURAL does not act as a “school official” as defined under FERPA, and Customers are solely responsible for using the Services only for non-FERPA covered purposes. Notwithstanding anything in our terms of service to the contrary and to the maximum extent permitted by law, MURAL will have no liability for any sensitive data that you or your authorized users may create on or post to the services, or which you process or store using the services, in violation of this agreement and our terms of service.

4. Indemnity

You will defend BearingPoint from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to a breach by You of the terms set forth in this Appendix 1 including but not limited to , a breach of the Mural Terms,  which lead to BearingPoint’s liability towards Mural .