Terms and Conditions for the Use of the "Plasticker Market Place"

The

New Media Publisher GmbH

hereinafter referred to as "the publisher"

provides an information platform on the Internet called "Plasticker" which can be reached via the
domain www.plasticker.de and others.

Besides a variety of general information in the field of plastics technology and plastics recycling,
plasticker provides a marketplace subject to the terms and conditions mentioned below.

By registering and/or using the access data made available, the user acknowledges the terms and conditions
of the publisher in their latest version.


1. "Plasticker" platform

(1) "Plasticker" is an information system offered to the user which shall bring together suppliers and
    buyer's of trade services via a virtual marketplace. The platform is made available for the supply
    and demand of plastics raw material, in particular of
    - plastics recyclates
    - plastics waste
    - plastics remainders
    as well as of
    - second hand machinery for the processing and recycling of plastic materials as well as any related
      service and products.

(2) The publisher is entitled to modify or to extend the offer at any time, in particular as far as the
	contents and the structure of the platform and the related user interface is concerned.


2. Registration

(1) Any individual or corporate body may register.

(2) The use of this platform is subject to the admission of the user.
    For being registered, the user must truly enter his full data as questioned.

(3) The access is free of charge for the user.

(4) The user cannot raise a claim for admission to the platform. Furthermore the publisher reserves the
    right to withdraw the admission at any time without mentioning any reason, however in particular
    because of:
    a) false registration data
    b) the presentation of inadmissable products or services
    c) a misuse of the trade platform or
    d) in case of doubt of the legal existence of the user

(5) It is prohibited to present oneself on the platform using a false identity.

(6) It is prohibited to make offers which are against the law or public morals, in particular against
    sections 86, 86a, 130, 130a, 131, 184 of the StGB (German Penal Code) or other penal codes.
    Furthermore it is not allowed to offer products prohibited by the Federal Review Board for
    Publications Harmful to Young Persons, products committed by contracts or those violating
    third-party rights, in particular copyrights, rights of trademark andto a name.

(7) The user is entitled to withdraw his registration at any time in writing. In this case, all
    user-related data stored by the publisher shall be deleted within one month after receipt of
    the withdrawal.


3. User name / password

(1) When registering with the publisher the user shall define a user name (email address) and a
    password which will both be enabled upon registration.

(2) The user undertakes to ensure that the user name and password shall be protected against
    unauthorized access by third party. He shall report to the publisher any misuse of the user
    name and password.


4. Rights of use

(1) The rights of the users shall be limited to a participation in the platform within the scope of the
    contractual use for the intended purpose.

(2) Within the scope of his services the publisher does not grant any copyright or other property right
    to the user, in particular the right to a current or future website of "Plasticker", to its web
    and graphics design, wordings, illustrations and all related literature and literary work such as
    operating instructions.

(3) Copyrights, property rights and other third party rights placed on the platform shall fully remain
    with their holders.


5. Offers, requests, processing of contracts

(1) The user may offer or request a trade service (supply of goods and services acc. to no. 1 para. 1)
    on the platform or make an invitation to tender for the performance in his name. For this purpose,
    the user must specify the trade service offered or requested by entering a minimum of features in
    the input mask. Upon confirmation of these data the request will be published on the platform.

(2) The offering period (validity period of offers and requests) is one month. After this period has
    expired, the publisher is entitled to remove the tenders from the platform. The user may delete or
    renew his offer or request at any time.

(3) The placing of an offer is no binding declaration of intent, but an invitation to make offers
    (invitatio ad offerendum). By placing the offer the supplier confirms that, as a matter of fact,
    he is subjectively in a position to provide the service and that the offer he places is directed
    towards the conclusion of a contract.

(4) The placing of a request is no binding expression of intent either, but also an invitation to make
    offers. By placing the request the requesting person confirms that he is prepared for providing a
    counter-performance and that the request he places is directed towards the conclusion of a contract.

(5) The "Plasticker" platform is made available exclusively for the exchange of information. All
    negotiations or conclusions of contracts between the users shall take place outside the platform,
    on a usual business level and without the participation of the publisher. Contracts shall be signed
    directly and exclusively between the respective users and shall be performed and processed outside
    the platform. The publisher does not undertake obligations for the supply or acceptance of goods
    or services or for the fulfillment of a counter-performance for this.

(6) The placement of an offer or a request shall be deleted immediately if the user who placed it is
    no longer interested to maintain it.

(7) The user declares to be entitled to use inserted data, files, descriptions and photos, etc. 
	The publisher is not liable for copyright infringements by user content. The user declares that 
	the publisher shall be indemnified and held harmless in full in the event of any claims by 
	third parties.
	
	
6. Attribution of declarations

(1) As far as all declarations of intent, business-like acts or other legally valid declarations or
    acts are concerned which the publisher, on the initiative of a user, may place on the platform or
    which he may deliver to or receive from another user, the publisher does not act neither in his
    own name nor as a proxy or agent for the respective users, but exclusively as their communicating
    messenger.


7. Duties of the user

(1) The user declares that all data, in particular the ones relating to the performance that he offers
    (goods and services), are correct and not misleading.

(2) The user undertakes to use the services provided by the publisher only in accordance with the
    relevant laws, public morals as well as the general standards for using the Internet. In
    particular, it is prohibited:
    a) to violate third party rights, in particular property rights, copyrights, rights of trademarks
       or to a name;
    b) to present any contents which is of the kind to glorify violence or of pornographic kind, or
       which is otherwise against the provisions of the German penal code, in particular against
       sections 86, 86a, 130, 130a, 131, 184 of the StGB;
    c) to enter data containing a virus or Trojan horse or other programs likely to damage, secretely
       intercept or delete data or systems;
    d) to offer products which may not be sold or offered in public or the possession of which is
       against the prevailing law.

(3) The user shall bear all costs arising from the establishment or the modification of his online
    connection, his use of the public communication network or the purchase and maintenance of his
    communication units required to use the platform.


8. Damages / indemnity

(1) The user is responsible for any damage caused to the publisher by a culpable violation of the
    contract by the user. The user shall indemnify the publisher from third-party claims put forward
    against the publisher in connection with a violation of contract by the user and undertake to
    reimburse all costs (including court and lawyer's fees) which may arise to the publisher due to this.


9. Data protection

(1) In respect of the user's personal data, the publisher points out in accordance with section 33 of
    the Federal Data Protection Act, that these will be stored and/or transmitted in accordance with the
    applicable provisions of data protection. Please note the following rules:

(2) In the scope of the purpose of the contract, the publisher is entitled to raise, process, store and
    use for his own purposes any user data in accordance with the provisions of the Federal Act of the
    Protection of Data.

(3) In particular, the publisher is entitled:
    a) to publish and transmit user data within the scope of the services provided by the publisher;
    b) to communicate user data to the competent authorities within the scope of legal obligations, and
    c) to pass on the user data with the consent of the participant in other cases.


10. Warranty

(1) The following provisions shall apply to the performance contracts (goods and services) mediated in
    the scope of the platform.

(2) The publisher disclaims all warranties for contracts concluded among the respective users.

(3) The publisher disclaims all warranties for the goods and services provided by the supplier to the
    buyer. In particular, the publisher gives no warranty for
    a) the correctness and completeness of statements made by the buyer or supplier,
    b) the quality and usability of goods and services to be supplied,
    c) their fitness for a particular purpose intended by the buyer,
    d) the non-violation of third-party rights by the goods and services supplied.

(4) The publisher cannot definitely exclude that the person mentioned as buyer or supplier in the
    declaration of intent which is delivered or received by the publisher, actually exists. As a result,
    the real authorship of a declaration of intent remains doubtful at all times. Consequently, the user
    submitting or accepting an offer acts at his own risk as for the existence of the contracting party.

(5) In addition, the publisher cannot exclude with absolute certainty that a password may fall into the
    hands of a person who has not been authorized by the user to submit a declaration of intent. This
    risk shall be born by the user himself, too. The publisher disclaims any liability according to the
    rules of a messenger without authorization.


11. Limitation of Liability

(1) Claims for damages put forward by a user for positive obligation breaches and for violation of
    duties during contractual negotiations shall be excluded. According to the aforesaid legal concepts
    the publisher is not responsible for the replacement or elimination of damages which may arise for
    example because of loss or any defective processing of data. Additionally, irrespective of which
    legal principle, the publisher is not responsible for a loss in profit, missed savings, damage
    resulting from third-party claims or other indirect or consequential damages.

(2) The limitation of liability pursuant to section 11 para. (1) shall not apply neither to physical
    injury or other damages which the publisher is responsible for due to intention and gross
    negligence.

(3) The user's claim for damage resulting from a delay in performance or impossibility of performance
    by the publisher is excluded. This is not valid in cases of mandatory liability for intention or
    gross negligence.

(4) The publisher is not responsible for any contents of third-party websites, to which is referred to
    directly or indirectly on the "Plasticker" website.

(5) In no event the publisher is responsible for damages related to a defective condition of software
    or hardware and particularly to technical defects of the Internet. In particular, the publisher
    does not assume any liability independent of fault for damages arising due to:
    a) the lacking availability or the faultless functioning of the Internet
    b) the use of software or hardware when using the platform website, as well as
    c) the lacking or insufficient contractual performance due to technically unforeseeable events
       regarding the software, hardware or Internet.

(6) The publisher does not warrant for damages arising from the imperfection of the users' offers placed
    on the publisher's website and the respective response to the requests. In particular, the publisher
    is not be liable for damages arising from the deletion or suppression of the buyer's and supplier's
    entries on the publisher's website or from the missing deletion or suppression.

(7) The aforesaid liability limitations are also valid for the legal representatives, employees and
    assistants of the publisher.


12. Applicable Law / Place of Jurisdiction

(1) This contract is subject to the laws of the Federal Republic of Germany.

(2) The application of international conventions is excluded, particularly of the United Nations
    Convention on Agreements on the International Sale of Goods and of the Conflict-of-Law Rules
    in the German Private International Law.

(3) The place of jurisdiction for the settlement of all disputes based hereof is Düsseldorf. The
    publisher is also entitled to proceed against a user at his general place of jurisdiction.


13. Additional Terms

(1) The inclusion of the users' General Terms and Conditions is expressly denied in any case.

(2) Should any individual provision or any part of any provision of these Terms and Conditions of Use be
    or become illegal in total or in part, the validity of the remaining provisions hereof is in no way
    affected. In such case the void provision shall be replaced by relative provision coming as close as
    possible to the purpose of the void provision.


revised on: 1st March 2017