1.       Scope

2.       Object of the contract

3.       Ordering process and conclusion of contract

4.       Prices and payment terms

5.       Technical requirements and availability

6.       Usage rights and copy protection

7.       Participant conduct rules

8.       Term and termination of the contract

9.       Webinar Design

10.  Rescheduling and cancellation of webinars

11.  Liability

12.  Right of withdrawal & exclusion of the right of withdrawal

13.  Resignation

14.  Storage of the contract text

15.  European Commission Online Dispute Resolution notice

16.  Data Protection

17.  Jurisdiction, Applicable Law, Contract Language

 

1.       Scope

1.1.      For the business relationship between Dipl.-Ing. (BA) Holger Wöltje, Breite Str. 25-27, 53111 Bonn The following terms and conditions (hereinafter „T&Cs“) in their version valid at the time of the order shall apply exclusively between the provider (hereinafter „Provider“) and the participants (hereinafter „Participant“).

1.2.      A trader is a natural person or legal entity or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

1.3.      A consumer for the purposes of these terms and conditions is any natural person who enters into a legal transaction for a purpose that primarily cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB). Participants who attend seminars through their employer are not consumers. This is because, in this case, they themselves are not the contractual partner of the provider, but rather their employer (e.g., an employer books the seminar for their employees).

1.4.      Deviating terms and conditions of the participant shall not be recognised unless the provider expressly agrees to their validity in writing.

 

2.       Object of the contract

2.1.      The provider offers webinars on its platform, either individually or bundled, for example in courses. The webinars can be provided under different conditions, in various formats and delivery methods, for instance live, recorded, video- or chat-supported, in lecture, tutorial, or discussion format, as a download or as a stream.

2.2.      In seminars that are part of a course with a final certification, participants receive a corresponding certificate after successfully completing it and fulfilling the completion requirements.

2.3.      The prices, details and nature of the individual webinars, whether single or bundled, are set out in the respective webinar description on the platform.

2.4.      The presentation of webinars on the provider's platform or website does not constitute a legally binding offer, but rather an invitation to place an order. Performance descriptions in catalogues as well as on the provider's websites do not have the character of an assurance or guarantee.

2.5.      All offers are valid „while stocks last“, unless otherwise stated. Furthermore, errors and omissions excepted.

 

3.       Ordering process and conclusion of contract

3.1.      A participant can register on the platform to attend a webinar. The participant is obliged to provide their details fully and truthfully during registration.

3.2.      Upon receipt of payment, the participant will receive login details via email. They are obliged to keep these details safe, not disclose them to unauthorised third parties, and protect them from access by such parties. The participant is further obliged to keep the provided information, particularly contact details, up to date.

3.3.      The provider confirms the registration by booking confirmation via e-mail. A contract between the provider and the participant only comes into effect with this booking confirmation.

 

 

4.        Prices and payment terms

4.1.      The prices for using the webinars are listed in the respective webinar description. Billing for the use of the webinars will be based on the access data entered for the purpose of accessing the webinar.

4.2.      All prices include the applicable statutory value added tax.

4.3.      The participant may select from the available payment methods within and before completing the ordering process.

4.4.      Payment by invoice is possible, with payment to be made within 7 days of receipt of the invoice. For all other payment methods, payment must be made in advance without deduction.

4.5.      If third parties are contracted for payment processing, e.g. PayPal (https://www.paypal.com/de/) or SagePay (http://www.sagepay.de), their terms and conditions apply.

4.6.      The invoices for the webinars will be sent online to the specified email address or made available for download.

4.7.      If the due date for payment is determined by the calendar, the participant shall be in default by the mere expiry of the deadline. In this case, participants who are consumers shall pay default interest at a rate of 5 percentage points above the base interest rate, and participants who are entrepreneurs shall pay default interest at a rate of 8 percentage points above the base interest rate.

4.8.      The participant's obligation to pay late payment interest does not preclude the provider from claiming further damages for default.

4.9.      The participant may only set off claims if their counterclaims are legally established or acknowledged by the provider. The participant may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

 

5.       Technical requirements and availability

5.1.      The provider is responsible for the technical provision of the webinars on its platform.

5.2.      The provider informs the participant in the webinar description about the necessary hardware and software to be able to participate in the webinar offering.

5.3.      The participant is responsible for the technical requirements for accessing the webinars from the platform. This includes, in particular, an internet connection to access the provider's platform, as well as the necessary hardware and software.

5.4.      The failure to meet the technical prerequisites for which the participant is responsible shall not release them from their contractual payment obligation.

5.5.      The availability of the webinars can be found in their respective descriptions. They may be available at any time or only at specific times.

5.6.      Where webinars are offered as permanently available, the provider points out that downtimes may occur, for example, due to maintenance work or force majeure. The statutory warranty rules and liability rules apply in accordance with point 11 of these General Terms and Conditions.

 

6.       Usage rights and copy protection

6.1.      The seminars are, unless otherwise stated, protected by copyright in accordance with the law. The seminars as a whole and their contents, such as seminar documents, presentations, texts, chat logs, video and audio recordings may not, unless otherwise stated, be downloaded, reproduced, made publicly accessible, distributed, made accessible to unauthorised third parties or modified, in whole or in part. This applies regardless of whether the actions are carried out for payment or free of charge.

6.2.      The participant undertakes to respect copyright and to use the webinars individually for their own use only within the scope of the contractual agreement.

6.3.      Non-individual use of a webinar by a registered participant requires a separate agreement with the provider. This is the case, for example, if a registered company makes a webinar available to multiple individual employees simultaneously.

6.4.      The provider is entitled to equip the webinars with protection against unauthorised use and to adapt them to the current state of the art, provided that this does not unreasonably impair the contractual rights of the participants. The participant is not authorised to circumvent the protection.

6.5.      Webinars offered via streaming may not be permanently saved by participants, for example, using screen recording software. Streaming refers to transmission methods where webinars are not downloaded as a file to the participant's computer for permanent use, but are continuously transmitted as a data stream.

 

7.       Participant conduct rules

7.1.      The participant is obliged not to infringe the rights of the provider and other participants.

7.2.      These rights include, in particular, intellectual property rights such as copyright and trademark rights, as well as data protection and personality rights.

 

8.       Term and termination of the contract

8.1.      The duration of the contract is determined by the respective description of the webinars. The contractual obligations of the participant, in particular the payment obligation, exist regardless of whether the participant actually attends the booked webinar.

8.2.      The right to terminate exceptionally for good cause is expressly reserved. Good cause is deemed to exist in particular if the participant breaches their obligations under the Webinar T&Cs Agreement to such an extent that it cannot reasonably be expected of the provider to uphold the agreement, considering their rights or the rights of the other participants.

8.3.      Unless it can reasonably be expected of them, before issuing an extraordinary termination, the provider will first warn the participant and request that they cease the objectionable behaviour or temporarily block them, for example, for a webinar within a course.

8.4.      Furthermore, the provider reserves the right to issue a virtual ban to participants if deemed appropriate. In this case, the participant may not use the provider's platform or webinars again.

 

9.       Webinar Design

9.1.      The provider is entitled to make necessary substantive, methodological, and organisational changes or deviations before or during the event, provided that these enhance or do not substantially alter the benefit of the advertised event for the participant.

9.2.      Liability and warranty for the correctness, up-to-dateness, completeness and quality of the content are excluded. The content provided within the scope of the webinar is created to the best of our knowledge and belief.

 

10.  Rescheduling and cancellation of webinars

10.1.  The provider is entitled to cancel or postpone webinars for an important reason. This applies in particular in the event of an insufficient number of participants or the cancellation or illness of the speakers. Participants will be informed of this immediately in writing or by e-mail. Fees already paid will be credited towards participation in other events or refunded. No further claims for damages will be made, except in cases of intent and gross negligence.

10.2.  The provider reserves the right to provide equivalent substitute speakers. In this case, there is no entitlement to a refund of the event fees.

 

11.  Liability

11.1.  For the provider's liability for damages, the following exclusions and limitations of liability shall apply, without prejudice to the other statutory eligibility requirements.

11.2.  The provider's liability is unlimited to the extent that the cause of the damage is based on intent or gross negligence.

11.3.  Furthermore, the provider is liable for the negligent breach of essential obligations, the breach of which endangers the achievement of the contract's purpose, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the participant regularly relies. In this case, however, the provider is only liable for foreseeable, contractually typical damage. The provider is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.

11.4.  The aforementioned limitations of liability do not apply in cases of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the goods or service, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

11.5.  Where the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

12.  Right of withdrawal

 

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

 

13.  Resignation

13.1.  The following right of withdrawal applies in addition to the statutory right of withdrawal for consumers and does not exclude it. The right of withdrawal applies in particular to entrepreneurs who cannot invoke the right of withdrawal.

13.2.  Should the participant be unable to attend the webinar after the contract has been concluded, they may either nominate a replacement participant or cancel their attendance in writing with the provider.

 

Dipl.-Ing. (BA) Holger Wöltje

Broad Street 25-27

53111 Bonn
Fax: 0228 184 965 92

E-Mail: dse(at)zeit-im-griff.de

 

13.3.  If the cancellation is made in writing by the organiser up to 8 days before the event begins, an administrative fee of €50 (including VAT) per person will be charged. The participant reserves the right to prove a lower actual administrative fee. After this, the provider will charge the full participation fees. The time of receipt of the notification by the provider is decisive in each case.

 

14.  Storage of the contract text

14.1.  The provider stores the contract text of the order. The terms and conditions are available online. The participant can print out the contract text before submitting the order to the provider by using the print function of their browser in the last step of the order.

14.2.  The provider will also send the participant an order confirmation with all order details to the e-mail address provided. Furthermore, the participant will receive a copy of the terms and conditions with their order.

15.   Note on online dispute resolution of the European Commission:

15.1. Note on Online Dispute Resolution of the European Commission: Complaint procedure via Online Dispute Resolution for consumers (ODR): https://ec.europa.eu/consumers/odr/

The provider is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings.

16.   Data Protection

16.1.  The provider processes participants' personal data for specific purposes and in accordance with legal provisions.

16.2.  The personal data provided for the webinar contract (such as name, e-mail address, postal address, payment details) will be used by the provider for the fulfilment and processing of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the provision of the webinars and the payment process.

16.3.  The participant has the right, upon request, to receive information free of charge about the personal data stored about them by the provider. In addition, they have the right to have incorrect data rectified, blocked, and deleted, provided no statutory retention obligation precludes this.

16.4.  Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the provider can be found in the privacy policy.

 

17.  Jurisdiction, Applicable Law, Contract Language

17.1.  The place of jurisdiction and performance shall be the registered office of the provider if the participant is a merchant, a legal entity under public law, or a special fund under public law, or if the participant has no general place of jurisdiction in Germany or has moved their registered office or usual place of residence out of the scope of the Code of Civil Procedure after concluding the contract, or if their registered office or usual place of residence is unknown at the time the action is brought.

17.2.  The law of the Federal Republic of Germany shall apply. This shall not apply if mandatory consumer protection provisions preclude such an application.

17.3.  The contract language is German.