Terms and Conditions of Globo Service GmbH for the Use of the Trading Platform gsm-b2b.com

(Version: Jan. 2008)

Globo Service GmbH Germany, which operates under the URL www.gsm-b2b.com, is a trading platform for mobile phones, IT systems and telecommunications.

The platform is accessible only to registered Users (sellers and buyers) and allows:

• sellers (and/or suppliers) to, independently or with the support of the Globo Service GmbH, place and manage offers and requests, and to search for offers and requests
• buyers to place and manage requests and to search for offers and requests

A purchase contract will be entered only by the seller and the buyer, whereas Globo Service GmbH merely acts as an intermediary.

The use of the platform shall be governed by these Terms & Conditions of use; further rights and obligations might derive from separate agreements with Globo Service GmbH.

1. Scope of Application, Amendments

These Terms & Conditions for the use of the platform www.gsm-b2b.com shall exclusively apply to all Users. Any terms and conditions of Users diverging from or opposed to these Terms & Conditions of use shall not apply unless approved in writing by Globo Service GmbH in the particular case.

Globo Service GmbH reserves the right to amend these Terms & Conditions of use at any time without stating any reasons. In the case of an amendment, a publication or notification will be placed on the platform.

2. Contents, Availability of the Platform

All contents of the platform www.gsm-b2b.com are based solely on the information provided by the suppliers and are not reviewed by Globo Service GmbH. Globo Service GmbH does not adopt the contents as its own. Globo Service GmbH assumes no warranty or guarantee, whether expressly or tacitly, for the correctness or accuracy, up-to-datedness or completeness of the contents and shall not be held liable for any resulting losses or disadvantages.

Globo Service GmbH shall have the right to modify, complement or remove any and all sections of the platform at its sole discretion.

The platform can be used only in connection with the latest state of the art equipment. Technical disruptions of the power supply and/or transmission network, hardware/software failures, shortages in capacity, security- or service-related interruptions may restrict the availability of the platform. Globo Service GmbH offers no warranty and assumes no liability for that the platform is at all times fully usable.

3. Registration

3.1 Registration Requirements

Only persons (legal and natural persons) who are entrepreneurs within the meaning of the German Civil Code, i.e. who act in their commercial or independent professional activity, are eligible for registration. Individuals are excluded. There exists no claim to be accepted for registration.

3.2 Requested Data

User has to complete a web form in order to register. User shall fully and accurately provide the data requested on the form. Information that is marked mandatory must be provided.

User shall truthfully provide the data required for the registration. Globo Service GmbH reserves the right to ban Users whose data are incomplete or obviously wrong, as well as Users who have registered by circumventing the form by technical means. If the data requested change after registration, User shall be obliged to notify any such changes without a delay.

The consent to the aforesaid use of User’s personal data, where required, shall be issued separately. Without such consent, where required, the registration is deemed incomplete and will thus be refused.

3.3 User Name, Password

The User name and the password are not transferable to third parties. In particular, Users are requested to change their password at regular intervals so as to minimize the risk of unauthorized third party access.

3.4 Registration Procedure

While registering on the platform, User may, after having filled in the form, correct the data entered, where necessary, before submitting the application to Globo Service GmbH for registration by clicking the button “Submit”.

Globo Service GmbH will examine the application for registration. If the outcome is positive, User will receive an e-mail informing User of the relevant User rights.

Simultaneously, the account will be activated, allowing User to immediately use the platform. Transmission of the access data is deemed the acceptance of the application for registration.

In order to credit checks, Bürgel Wirtschaftsinformationen GmbH & Co. KG, P.O. box 500166, 22701 Hamburg Germany or other credit agency, will provide us with addresses and reliability data, including those calculated on mathematical procedures, from you/ your company memorized in their database, provided that we proved our legitimate interest.

For the purpose of deciding on explanation, realization or termination of the contractual relationship and also for business recommendation, we gather or make use of probability values, on which calculation contact data among other things have some influence.

4. Scope of the Rights of Use

Globo Service GmbH offers registered Users the use of the platform created and managed by Globo Service GmbH.

The scope of the rights of use is set out in the contracts concluded by Globo Service GmbH and the authorized Users and/or their businesses.

Subject to the contracts made, Globo Service GmbH reserves the right to amend the model as well as the conditions at any time.

5. Term of Use / Termination

The GSM-B2B membership is extended the same timelength if it wasn’t canceled at least 30 days before the end of it.

Irrespective of the above, Globo Service GmbH may at any time terminate the right of use, because of extraordinary causes. There is no claim to any refund of paid fees.

Extraordinary termination is given if:

• User uses the platform to undertake any business which is contrary to any laws or honest practices
• User breaches these terms & conditions of use
• User has provided incorrect information in the registration
• User is proved to be unreliable in fulfilling the business deal closed via the online platform
• User trades of non-original goods, or goods with no legal background
• negative information about economic conditions respectively creditworthiness are received
• reasons giving rise to doubts about a user’s seriousness are discovered

In case of extraordinary termination Globo Service GmbH reserves the right to inform other users.

6. Conclusion of Contracts Between Users

Globo Service GmbH is involved only as an intermediary in the conclusion of any contracts facilitated by the platform.

The agreement on the relevant terms of contract as well as the implementation and settlement of any contract is solely the responsibility of the Users.

7. Obligations of User, Rights in Databases, Other Rights

User shall be obliged to use the platform made available by Globo Service GmbH only for the designated purposes and to refrain from any other, improper use of the platform.

User shall notify Globo Service GmbH without delay of any unfair business practices applied by other Users.

The copyright as well as any other rights in any information published on the platform and its get-up are protected by law and are fully reserved.

8. Links and Other Third Party Contents

Where the website references other websites or includes links to other websites operated by third parties, Globo Service GmbH shall not be held responsible for the contents of these third party websites.

9. Liability

The information provided to the user is intended for guidance purposes. The use of this is at own risk.

User undertakes to indemnify Globo Service GmbH from and against any and all claims of third parties based on unlawful acts of User or faulty contents of the information provided by User.

10. Data Protection

Globo Service GmbH shall comply with the provisions of data protection law in the collection, exploitation and transfer of personal data.

User data are processed in accordance with statutory requirements.

Cookies may be used on the platform to facilitate future visits.

User may request viewing or correction of stored data via info@gsm-b2b.com.

This data protection statement remains subject to amendment.

11. Miscellaneous

The use of the platform shall be governed exclusively by the laws of Germany with the exclusion of the UN Sales Convention.

Place of jurisdiction shall be the domicile of Globo Service GmbH where legally permissible.

If any provision is held invalid, the remaining provisions shall remain unaffected.