Terms of Use for the Website “360 PackMastery”
These Terms of Use govern the use of the platform “360 PackMastery” (hereinafter “Platform”) which is operated by ViaPackaging UG (haftungsbeschränkt), Leuschnerstraße 1, 82008 Unterhaching, Germany, entered in the register of companies at the District Court of Munich under No. HRB 289962 (hereinafter “ViaPackaging”). The Platform provides Users with synthetized Information on packaging regulation, different areas of Packaging and Waste management in different European countries and packaging solutions (hereinafter “Content”).
The Platform and its Content are offered for commercial purposes only, subject to the following provisions. Any collection and processing of personal data occurs solely in line with the Privacy Policy.
- Services provided by the Platform
1.1 The platform provides synthetized information on National and European legislation in the field of packaging, packaging waste, waste management systems and the circular economy. The platform provides detailed information as well as overviews and summaries of the regulatory requirements in a wide range of European countries. Further, it offers tailored packaging solutions for the Users and gives advice on packaging design guidelines and information on packaging tools and packaging development. However, the Content of the Platform is subject to change – this means that new articles, podcasts and other Content may be added from time to time, while other Content may no longer be available, particularly outdated Content.1.2 Some Content provided on the Platform can be accessed free of charge and without any registration. This includes free Content, such as information on upcoming events and conferences on the topics of packaging and sustainability or high-level overviews of regulatory requirements.
1.3 Further Content on the platform, such as accessing detailed information on packaging and packaging waste regulation, requires a valid payable subscription and a registration of the User. Content may vary depending on which subscription model the User has subscribed to.
1.4 The Platform also serves as a platform for packaging material suppliers/convertors and packaging components suppliers to promote their packaging solutions to Users, such as brand owners or other.
- Rregistration on the Platform
2.1 Only merchants (as defined by the German Commercial Code) and legal entities under public law (hereinafter “Users”) are authorised to use the Platform and are allowed to create an account by way of registration.2.2 For registration, User must indicate its corporate information (including name and address of its company he/she is working for) as well as, its contact details data and has to set an own password. The password should be a minimum of eight characters and contain at least one number and special character.
2.3 ViaPackagig reserves the right to reject the registration of User, if there are legitimate reasons to do so.
2.4 The use of the Platform is only permitted in Europe.
2.5 Any information which User provides in connection with its registration must be correct and complete. The User is responsible for maintaining such information up-to-date and accurate during the term of the subscription. The User will notify ViaPackaging of any change in such information without undue delay.
2.6 The access rights to the Platform are non-transferable. Users may not share, transfer or otherwise disclose their login data (password and email address) to others or third parties in any way. The User must keep its login data secret and protect it against unauthorized access by third parties. In the event of any suspicion of misuse by a third party, the User shall promptly notify ViaPackaging thereof.
2.7 ViaPackaging reserves the right to revoke User’s access rights or to block the User´s access to the Platform at any time for legitimate reasons. This applies in particular if the User violates these Terms of Use or the applicable law of a member state of the EU. A User may no longer use the Platform once its access rights have been revoked. In such case, ViaPackaging shall promptly inform the User thereof. Conclusion of Subscriptions on the Platform
3.1 Most Content is only accessible on the platform after concluding a fee-based subscription. ViaPackaging offers different subscription models depending on the size of the Users and the extent of the services provided by ViaPackaging. The different subscription models are displayed once the User has logged in.
3.2 If the User enters into a subscription, details of the price, currency, and the extent of the included services will be provided to the User before the subscription is concluded. Once the subscription is concluded, the User can also access details about its Subscription at any time by going to its account.
3.3 The regular term of a subscription is one year and will be automatically renewed by another year, if the subscription is not cancelled up to 3 months before expiry.
3.4 The User may withdraw from its subscription at anytime but given that only Merchants are allowed to use the platform will not receive a refund once the subscription has been concluded.- User’s Usage Rights and Rules of Conduct
4.1 The Platform has been developed by ViaPackaging and remains the property of ViaPackaging. The User is granted, upon a valid subscription and registration, during the term of its subscription the limited, non-exclusive, non-transferable, revocable and non-sublicensable right to use the Platform and its Content in accordance with these Terms of Use. The right of use also includes the right to download the Content provided on the platform, depending on the subscription model.
4.2 The copyright, names, trademarks and other IP rights of ViaPackaging and third parties must be observed when using the Platform. Any improper use of the Platform is prohibited; this includes, in particular:
– Reversing, engineering, disassembling, reconstructing, or decompiling any object code of the Platform;
– Integrating Content or the Platform (or parts thereof) into another website, application or online service;
– Circumventing security measures and/or attempting unauthorized access to, or use of, services or systems of ViaPackaging;
– Access the Platform or parts of the Platform via a virtual proxy network;
– Using any system or running any application which could result in damage to systems or cause them to malfunction, in particular by making any change to the physical or logical architecture of ViaPackaging servers or networks or other networks;
– Introducing any viruses or other malicious code.
4.3 The User may not remove, alter or in any way distort any copyright notices or other proprietary notices contained on the Platform or the Content published on the Platform.
4.4 The User may not publish content on the Platform that violates provisions of law, regulatory requirements or public policy. Furthermore, Users are prohibited from uploading any content that infringes third party rights, in particular any copyrights or trademark rights of third parties. ViaPackaging does not endorse the accuracy of any User-generated content. The responsibility for User-generated content on the Platform lies with the User, i.e. the User is responsible for content he/she publishes on the Platform. ViaPackaging reserves the right to remove, modify or delete such User-generated content in case of a violation of these Terms of Use. - Performance and Limitation of Warranty
5.1 ViaPackaging strives to achieve that the Platform runs smoothly. However, ViaPackaging cannot guarantee that technical errors will not occur or that a telecommunications network required in order to transfer data is available.
5.2 ViaPackaging does not provide legal services. The Content published on the Platform is merely a compilation of publicly available information and does not replace legal advice in any way. If the User requires legal advice on packaging-related topics, ViaPackaging recommends consulting a lawyer.
5.3 ViaPackaging reserves the right, at any time, to expand or modify the functionalities of the Platform if the change is exclusively in favour of the User or a valid reason requires this change to be made, such as:
– Ensuring compliance with applicable law and/or implementing changes to relevant legislation, case law or regulatory requirements;
– Making technical adjustments or improvements, such as adapting the Platform to a new technical environment, transferring the Platform to a new hosting platform or ensuring the compatibility of the Platform with software supported by ViaPackaging;
– Adapting the Platform to altered market conditions such as increased user numbers;
– Ensuring the security of the Platform.
5.4 Due to the fast development of legislation and regulatory requirements in different countries, ViaPackaging cannot guarantee that the Content on the Platform is always up-to-date and correct, even though ViaPackaging will make every effort to keep the content up to date. Therefore, ViaPackaging is not responsible for outdated Content provided on the Platform. It is suggested that Users verify the Content on the platform independently. - Responsibility of ViaPackaging, Limitation of Liability
6.1 ViaPackaging is not responsible for damages caused by Users by no keeping the login data confidential or for damages caused by a third party to whom Users have given their login data. Users are responsible for all activities which occur under the use of their login data.
6.2 Furthermore, ViaPackaging shall be liable according to the following provisions:
– ViaPackaging’s liability shall be unlimited in accordance with the statutory provisions in cases of (i) intent or gross negligence, (ii) at least negligently caused injury to life, body or health, (iii) fraudulent conduct, (iv) statutory mandatory liability (e.g. under the Product Liability Act) or (v) in case of liability for the absence of guaranteed characteristics.
– In other cases, than mentioned above, ViaPackaging shall be liable in the event of a breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the Customer regularly relies and may rely) to the amount of the foreseeable, typically occurring damage. In the case of defect-related claims for damages, liability in this case shall be limited to the contractually agreed and paid remuneration. In all other cases, the liability in this case shall be limited to a maximum of € 1.000; beyond this, insofar as ViaPackaging UG is insured against the damage occurred, within the scope of the insurance coverage and subject to the condition precedent of the payment of the insurance compensation.
– In cases other than those specified above, the liability of ViaPackaging UG shall be excluded. This shall also apply to any liability of ViaPackaging UG for employees, workers, legal representatives and vicarious agents or any other person acting on behalf of ViaPackaging UG as well as any liability of these persons themselves.
6.3 The Platform may contain hyperlinks to websites of third parties, which are not owned or controlled by ViaPackaging. ViaPackaging has no control over and assumes no responsibility for the availability of any third party websites.
6.4 For the avoidance of doubt, ViaPackaging is not liable for:
– Any malfunction or interruption to the Platform or Content due to circumstances outside of the control of ViaPackaging that prevent ViaPackaging from fulfilling its obligations to the User, or that can be considered a “force majeure event” under local law (where applicable). This could be due to things such as: (i) lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action; or (ii) other actions of third parties which ViaPackaging does not control;
– Any lack of functionality or failure to provide any part of the Platform or the Content, or any loss of content or data that is due to
– malfunctions or faults in the User´s equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of the User´s devices);
– the User´s internet connection not meeting the minimum bandwidth and/or speed requirements.
– Incompatibility of any part of the Platform or Content with any devices or operating system;
-Not achieving a specific purpose or outcome for the User, such as financial success, economical profit or revenue. - Indemnification
User shall indemnify and hold harmless ViaPackaging from all liabilities, payment obligations, claims, costs, legal disputes or liability claims of third parties, which arise due to or in connection with the User’s behaviour within the use of the Platform, in particular, from the violation of these Terms of Use, or the User’s violations of intellectual property rights or other rights of any third party. - Final provisions
8.1 ViaPackaging reserves the right to make changes to these Terms of Use with future effect. In the event of any changes, ViaPackaging will expressly inform the User of the changes and the date on which they come into force. ViaPackaging shall give the User a reasonable period of at least six weeks to declare whether or not it agrees to the changes to the Terms of Use. If the User does not object to the changes within this period, the amended Terms of Use shall be deemed to have been agreed. ViaPackaging will inform the User about this legal consequence, i.e. the right of objection, the period and the significance of keeping silent.
8.2 ViaPackaging has the right to assign or transfer the rights and obligations arising from the subscription to a third party, provided that the rights of the User will not be adversely affected as a result of such assignment or transfer. In such a case, ViaPackaging will inform the User immediately of any assignment or transfer. The User may not transfer its rights or obligations arising from the subscription to anyone else.
8.3 Should one or more provisions of these Terms of Use be or become void, the validity of these Terms of Use shall in no way be affected. In such case, the invalid provision shall be replaced by a valid provision coming as close as possible to the economic purpose of the invalid provision. The same applies to gaps in the Agreement.
8.4 This Agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
8.5 The exclusive place of jurisdiction for all claims arising from or in connection with the Platform or with these Terms of Use is Munich, Germany, if the User is a merchant or legal entity under public law.
8.6 ViaPackaging is neither willing nor required to take part in a dispute resolution procedure before a consumer arbitration board.
Version dated: 4 February 2025
