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- Purpose and accountability
- The provider of the Websites, and the party responsible for data protection and privacy issues in regard to the Websites, is the company OMLIVE Ltd., Oroklini Hills 11, Tinou Street 18, Flat D23, 7040 Oroklini, Cyprus, director: Mr. Nils Kattau, e-mail: firstname.lastname@example.org (hereinafter referred to as “we”, “us” and “our”).
- The term “User” used hereinafter refers to both job applicants and all other visitors to our Websites. We consider all the terms we use, such as job applicant, to be gender-neutral.
- General information on data processing and legal basis
- The personal data of the users processed in the context of our Service include inventory data (e. g., names and addresses of customers), contract data (e. g., services used, names of staff, payment information), usage data (e. g., the websites visited, interest in our products) and content data (e. g., entries in the contact form).
- The term “user” covers all categories of data subjects concerned. They include our business partners, customers, prospective customers and other visitors to our website. The term “user” covers all categories of data subjects concerned. They include our business partners, customers, prospective customers and other visitors to our website.
- All the personal User data we collect is processed in accordance with the relevant data protection regulations. That means we only process User data where this is permitted by law. This applies, in particular, if data processing is required or prescribed by law in order to furnish our contractual services (e.g. to process orders) and provide online services, or if the User has provided their consent, or if it is for the purposes of our legitimate interests (i.e. our interest in analyzing, optimizing and running our Websites in a secure and commercially viable manner within the meaning of Art. 6 (1) f. of the General Data Protection Regulation (GDPR).
- In regard to the processing of personal data on the basis of the General Data Protection Regulation (GDPR), please note that the legal basis for the data subject giving consent is Art. 6 (1) a. and Art. 7 GDPR, the legal basis for processing data in order to perform our contractual services and discharge our contractual obligations is Art. 6 (1) b. GDPR, the legal basis for processing data in order to comply with our legal obligations is Art. 6 (1) c. GDPR, and the legal basis for processing data for the purposes of our legitimate interests is Art. 6 (1) f. GDPR.
- Security safeguards
- We apply state-of-the-art organizational, contractual and technical security measures to ensure compliance with the provisions of data protection legislation and thereby to protect the data we process against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.
- These security measures include, in particular, the encrypted transmission of data between your browser and our server.
- Forwarding of data to third parties and third-party providers
- Data is only forwarded to third parties to the extent permitted by law. We only forward User data to third parties if this is necessary e.g. for billing purposes, or for other purposes if the User data is required to perform a contract to which the data subject is party.
- In cases where we employ subcontractors to furnish our services, we ensure appropriate legal safeguards are in place and take appropriate technical and organizational steps to ensure that personal data is protected in compliance with applicable statutory requirements.
- Contractual services, Registration, Processing of user profiles
- We process inventory data (e. g., names and addresses as well as contact data of users), contract data (e. g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 Para. 1 lit b). GDPR.
- Users must, if offered and required for the use of our service, create a user account, in particular by viewing their data and services used. Within the scope of registration, the necessary compulsory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention being necessary for commercial or tax reasons in accordance with Art. 6 (1) c. GDPR. It is the users’ responsibility to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the contract period.
- Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties unless it is required for the pursuit of our claims or there is a legal obligation pursuant to Art. 6 (1) c GDPR.
- We process the usage data of our users (e. g., the visited websites of our online offer, interest in our products and orders) in a user profile based on our legitimate interests in advertising and market research purposes in accordance with Art. 6 (1) f. of the GDPR, in order to suggest to the customer, e. g. product information based on the services they have used up to now by insertion within our online offer or to analyze the development of our business operations.
- Contacting us
- If a User gets in touch with us via the contact form or by email, we process the User’s details in order to respond to and deal with the query or request.
- The User’s details may be stored in our customer relationship management (CRM) system or a comparable enquiry system and must then be stored for six years due to statutory requirements concerning business correspondence or 10 years if they have any legally mandated relevance for tax purposes.
- Collection of access data (logfiles)
- For the purposes of our legitimate interests, we collect data every time the server on which the service is located is accessed. This data is collected in the form of server log files. These access logs include the name of the webpage and/or file accessed by the User, the date and time of access, the amount of data transferred, notification of successful retrieval, details of the web browser used (including the version), the User’s operating system, the referrer URL (of the previous page linking to our website), the IP address and the requesting provider.
- Log file information is retained for security reasons (e.g. to detect improper use or fraud) for a maximum of seven days before being deleted. Data that is to be retained as evidence shall be excluded from deletion until the relevant case has been finalized.
- Cookies & reach measurement
- Cookies are data packets that are transferred from our web server or third parties’ web servers to the User’s web browser and stored there for later retrieval. Cookies may comprise small files or any other kinds of information storage. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user’s previous activity. We use so-called “session cookies”, which information are only stored for the duration of the current visit to our Website (e. g. to enable your login status or the shopping cart function and thus the use of our online offer at all). A session cookie stores a randomly generated unique identification number, a so-called session-ID. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when users have finished using our online offer and, for example, log out or close the browser.
- If the User does not wish cookies to be stored on their computer, we hereby request that they disable the relevant option in their browser settings. Stored cookies can be deleted in the browser settings at any time. Disabling cookies may prevent the user from enjoying the full functionality of these Websites.
- Users can block cookies that are used for tracking and online advertising by visiting the opt-out page of the network advertising initiative (http://optout.networkadvertising.org/) and also by managing their preferences on the U.S. website http://www.aboutads.info/choices or the European website http://www.youronlinechoices.com/uk/your-ad-choices/.
- Newsletter and commercial communication
- With the following explanations we would like to inform our users about the contents of our newsletters as well as other types of business e-mails and electronic mail (short “newsletter”) as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the reception and the described procedures. The legal basis of your consent is Art. 6 (1) a, Art. 7 GDPR.
- Contents of the newsletter: We send out newsletters, e-mails and other electronic notifications with advertising information (hereinafter referred to as “newsletters”) only with the consent of the recipients or a legal permission. Insofar as the contents of a newsletter registration are specifically described in detail, they are decisive for the user’s consent. In addition, our newsletters contain the information on our Service, offers, promotions and our company.
- Incentives: We can offer newsletters together with our e-books or guides (and comparable benefits) as a unified service. The benefits can be a free addition to the order of our newsletters or vice versa, newsletters can be part of the benefit.
- Double opt-in and logging: The registration for our newsletter is done in a so-called double opt-in procedure. This means that users will receive an e-mail after the registration, in which users will be asked to confirm your registration. This confirmation is necessary so that no one can register with other e-mail addresses. The subscriptions to the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes saving the logon and confirmation time as well as the IP address. The changes to your data stored by the shipping company are also logged.
- Registration data: To subscribe to the newsletter, it is sufficient to enter an e-mail address. Further, we ask you to enter a name or your company and area of business in the newsletter to address you and to customize the contents of the newsletter to your interests/branch.
- Statistical survey and analysis: The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file, which is retrieved from the mail order company’s server when the newsletter is opened. In the course of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used for the technical improvement of the services based on the technical data or target groups and their reading behavior based on the retrieval locations (which can be determined by means of the IP address) or access times. Statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked and when. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is not our intention to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
- The newsletter is sent on the basis of the consent of the recipients in accordance with Art. 6 (1) lit. a, Art. 7 GDPR. The statistical surveys and analyses are conducted on the basis of our legitimate interests in accordance with Art. 6 (1) lit. f of the GDPR. We are interested in using a user-friendly and secure newsletter system that serves our business interests and meets the expectations of our users. The registration procedure is recorded in accordance with Art. 6 (1)(c). GDPR on the basis of a legal obligation to prove the consent of the newsletter recipients (e.g. in accordance with Art. 7 (1) GDPR). In addition, for reasons of legal certainty, we also ask the newsletter recipients to consent to the analyses described above and to save the registration data.
- Cancellation/Revocation: Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. At the same time, your consent to the statistical analyses expires. A separate revocation of the statistical evaluation is unfortunately not possible, in this case the entire newsletter subscription must be cancelled. Newsletter recipients will find a link to unsubscribe from the newsletter at the end of each newsletter. By unsubscribing from the newsletter, the personal data will be insofar deleted, unless their storage is legally required or justified, and their processing in this case is limited to these exceptional purposes only.
- Google Analytics
- Google is certified under the Privacy Shield framework which offers a guarantee of compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
- Google will use this information on our behalf for the purpose of evaluating use of our Websites by the User, compiling reports on activity on the Websites, and providing us with other services relating to the use of the Websites and use of the Internet. This process may involve creating pseudonymized usage profiles of Users from the processed data.
- We use Google Analytics to display the ads placed by Google and its partners within advertising services, only to those users who have shown an interest in our online offer or who have particular characteristics (e. g. interests in certain topics or products determined by the websites visited) that we transmit to Google (so-called Remarketing or Google Analytics audiences). With the help of remarketing audiences, we would also like to ensure that our advertisements are in line with the potential interest of the users and do not have a nuisance effect.
- We only use Google Analytics with IP anonymization enabled. That means Google truncates the User’s IP address within Member States of the European Union and in other countries that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.
- The IP address transmitted by the User’s browser is not associated with any other data held by Google. Users can prevent cookies from being installed on their computer by adjusting their browser settings accordingly. Users can also prevent Google from collecting data generated by cookies concerning their use of the Websites and can prevent Google from processing this data by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
- For more information on how Google uses data and how to opt out, please refer to Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“How Google uses data when you use our partners’ sites or apps”), http://www.google.com/policies/technologies/ads (“How Google uses data in advertising”), http://www.google.com/settings/ads (“Control the information Google uses to show you ads”).
- Google (re)marketing services
- For the purposes of our legitimate interests (i.e. our interest in analyzing, optimizing and running our Websites in a commercially viable manner within the meaning of Art. 6 (1) f. of the GDPR), we use the marketing and remarketing services (hereinafter referred to as “Google marketing services”) provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
- Google is certified under the Privacy Shield framework which offers a guarantee of compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
- Google marketing services enable us to display ads for and on our website in a more targeted fashion, helping us to only show ads to Users that are potentially of interest to them. The method we use, known as remarketing, involves, for example, showing Users ads for products in which they have already shown an interest on other websites. For this purpose, our Websites – and other websites on which Google marketing services are active – contain a snippet of code, which is executed directly by Google. This integrates what are known as (re)marketing tags in the website (invisible image files or code, also known as web beacons). With the help of these tags, an individual cookie, i.e. a small file, is saved on the User’s device (comparable technologies may also be used instead). These cookies may be set from a few different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com and googleadservices.com. This file notes which sites the User visits, which content interests the User, and which offers he or she clicked, as well as technical information on the browser and operating system, referring websites, visit duration and other data on the use of the Websites. The User’s IP address is also recorded, though we wish to make it clear that, within the context of Google Analytics, the IP address is truncated within European Union Member States and in other countries that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to the US-based Google server and truncated there. The IP address is not merged with User data within other Google offerings or services. The information referred to above may also be linked to comparable information from other sources. If the User subsequently visits other websites, they may be presented with ads tailored to them according to their interests.
- User data is processed in a pseudonymized manner within the context of Google marketing services, i.e. Google does not store and process details such as the name or email address of the User, but instead processes the relevant data within pseudonymized usage profiles based on cookies. This means that, from Google’s perspective, the ads are not managed for and displayed to a named or otherwise identifiable person, but rather for and to the cookie holder, regardless of who this cookie holder is. That is not, however, the case if a User has expressly granted Google permission to process their data in a non-pseudonymized manner. Information collected on Users by Google marketing services is transmitted to Google and stored on Google’s servers in the USA.
- One of the Google marketing services we use is the online advertising service “Google AdWords”. In the case of Google AdWords, each AdWords client receives a different “conversion cookie”. Thus, cookies cannot be tracked across the websites of AdWords clients. The information collected by the conversion cookies is used to provide aggregate conversion statistics for AdWords clients who have opted in to conversion tracking. AdWords clients are informed of the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not receive any information that would enable them to identify users personally.
- We use “Google Optimize” a service that allows us to track the effects of various changes to a website (e. g. changes in input fields, design, etc.) within the framework of so-called “A/B tests”.
- We may also use the Google Tag Manager to incorporate and manage Google analysis and marketing services in our Websites.
- If you wish to opt out of personalized advertising by Google marketing services, you can adjust your preferences and opt-out settings by visiting the following page: http://www.google.com/ads/preferences.
- Language detection and preferences
- In order to provide our website in a language that most probably suits our users, we detect the primary language set in the user's browser settings and redirect the user accordingly.
- If the user chooses a language by clicking on a language link (usually in our footer), a cookie is set to save this language preference for future visits.
- Integration of third-party services and content
- For the purposes of our legitimate interests (i.e. our interest in analyzing, optimizing and running our Websites in a commercially viable manner within the meaning of Art. 6 (1) f. of the GDPR), we use third-party content and service delivery services on our Websites in order to incorporate content and services such as videos and fonts, for example (hereinafter jointly referred to as “content”). The third-party provider of this content always requires the User’s IP address in order to send the content to the browser of the respective User. In other words, the IP address is required to display this content. We endeavor only to use such content where the respective provider uses the IP address exclusively to deliver said content. Third-party providers may additionally use “pixel tags” (invisible image files, also known as web beacons) for statistical or marketing purposes. Pixel tags can be used to analyze information such as the number of visitors accessing the pages of this website. The pseudonymized information may additionally be stored on User devices in the form of cookies. This information includes technical information on the browser and operating system, referring websites, time spent on the website, and further details on how Users make use of our Websites, plus it can also be combined with comparable information from other sources.
- The list below provides an overview of third-party providers and their content as well as links to their privacy policies, which contain further information on data processing and opt-out mechanisms, some of which have already been discussed here:
- Notes on Google, Inc.: Google is certified under the Privacy Shield framework which offers a guarantee of compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
- User rights
- Users have the right to obtain information free of charge on the personal data we have collected about them. In addition, Users have the right to correct any inaccurate data, restrict the processing of their personal data or delete it, and, where applicable, assert their right to data portability. Users also have the right to submit a complaint to the relevant supervisory authorities if they suspect that data has been processed unlawfully.
- Users can also withdraw any consent they may have given. Such a revocation of consent shall have future effect only.
- Deletion of data
- The data stored by us is deleted once it is no longer required for the designated purpose and provided that we have no statutory obligation to retain said data. In the event User data is not deleted because it is required for other purposes permitted by law, then its processing shall be restricted accordingly, i.e. the data shall be blocked and no longer processed for other purposes. This applies, for example to User data that must be retained due to commercial or tax requirements.
- Right to object
- Users can choose to opt out of the future processing of their personal data at any time in accordance with statutory provisions. This right to object applies in particular to the processing of data for the purposes of direct advertising.
Terms and Conditions
- Scope of Application and Definition of Terms
- The following general Terms and Conditions, in the version valid at the time of conclusion of a contract, apply to the business relationship between the company OMLIVE Ltd., Oroklini Hills 11, Tinou Street 18, Flat D23, 7040 Oroklini, Cyprus, director: Mr. Nils Kattau, e-mail: email@example.com (hereinafter referred to as “we”, “us” and “our”) and those persons who accept the Services offered by the OMLIVE Ltd (hereinafter referred to as “Customers”).
- In addition to these terms and conditions, both individual and specific regulations with regard to the contractual relationship between us and the Customers can be agreed (e.g. in the form of individual agreements). The specific regulations take precedence over these terms and conditions in the event of a discrepancy.
- Derogating terms and conditions of Customers are not accepted, unless we expressly agree to their validity. The unconditional performance of our Services does not represent explicit recognition of the Customer’s terms and conditions.
- Within the meaning of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An entrepreneur is a natural or legal person or a legally responsible partnership that when concluding legal transactions is exercising their commercial or independent professional activity.
- “Content” means all Content and information, such as photographs, graphics, logos, videos, video streams, podcasts, texts, reviews, information concerning persons, places or hyperlinks.
- The terms used in the context of these Terms and Conditions, such as “Customer”, are gender-neutral.
- Restriction to Business Customers
- Our Services are exclusively addressed to business Customers/entrepreneurs and not to consumers. Consumers are prohibited from using our Services.
- By requesting or ordering our Services, Customers declare that they are a business Customers/entrepreneurs and not a consumer.
- We reserve the right to check whether the Customer is not a consumer (e. g. checking the address data, the business registration or the VAT identification number) in the context of the Customer’s order as well as before its execution.
- With conclusion of the contract, the Customer assures that he is of legal age or fully capable of entering into a contract.
- If you use our Services on behalf of another natural or legal person, you declare that you have the right to accept these Terms on behalf of that person and that the person agrees to be responsible to us, if you or the other person violates these Terms.
- Conclusion of the Contract
- A contract shall be concluded, unless expressly agreed otherwise individually and insofar as the offer is submitted by a Customer, by confirmation in writing on our part or by performance of the Service in accordance with the order. Insofar as the offer is made by us, the contract is concluded by the Customer’s declaration of acceptance, taking into account these Terms and Conditions.
- As far as advertising and other agencies (hereinafter uniformly referred to as “Agency”) place orders, the contract is concluded in case of doubt with the Agency, subject to other written agreements. If a third-party is to become a contractual partner, it must be named by name and as such by the Agency. We shall be entitled to demand proof of a mandate from the Agency.
- The representation of our services on the webpages or in catalogues and brochures is not a legally binding offer, but an invitation to submit a contract request. Furthermore, the aforementioned performance representations do not constitute an assurance or warranty.
- Service Description
- We offer various Services that are communicated to Customers via the respective offer pages or individually. The Services include, in particular, consulting Services, participation in our events, conferences or individual coaching, workshops, webinars, membership Services, access to teaching materials and the sale of products (e. g. e-books).
- The precise specifications of the respective contractual obligation, its scope, areas of application, basic conditions, functions, documentation as well as the time schedule and flowchart are derived from the order description on which the respective Service is based.
- The Service description is not subject to any specifications; it can also take the form of an offer, an order description or a requirement and functional specification. The description of the Service must show a sufficient degree of detail customary for the respective Service. The Customer shall inform us immediately of any omissions in the details and shall support us to the best of our ability with the necessary further details.
- If the description of the Service is insufficient or if its scope is doubtful in certain cases, the Services to be provided include the tasks customary in our branch of industry, which are necessary to fulfil the agreed purpose of the contract.
- Subsequent changes to the contract require an explicit confirmation of the respective contractual partner in order to be effective.
- Without the explicit and at least textually agreed guarantees on success, performance numbers or other aspects of our performance, we are obliged to provide a quality of Service that is customary in our branch of industry.
- Deadlines shall only be deemed binding if we expressly agree to in written form.
- We are not responsible for delays in performance due to force majeure or under circumstances within the Customer’s scope of responsibility (non-timely provision of Content etc.), and we are entitled to postpone the performance of the Services affected by the duration of the hindrance/delay plus a reasonable period of time.
- Exclusion of Legal Examination or Consultation
- Unless expressly agreed otherwise, our Services do not include any legal examination or legal advice (e. g. under trademark law, copyright law, data protection law or competition law) and fulfilment of the Customer’s statutory information obligations (e. g., data protection law). We are not responsible for consumer information, examination duties in connection with Contents, media regulations, etc.).
- User Accounts and Responsibility
- Customers may be required to register for a user account to access some or all of our Services. For example, Customers may need to be a registered user to participate in workshops, download learning materials or watch training videos.
- When Customers register for a user account, Customers must provide accurate account information and update that information as it changes. Customers must also maintain the security of your account and notify us immediately if Customers discover or suspect that someone has accessed their account without Customer’s permission. If Customers allow others to use their Customers account credentials, Customers are responsible for the activities of such persons or companies who are associated with the Customer’s account.
- Our Services may only be accessible through third-party platforms or Services (e. g. video platforms or training platforms) and Customers may be required to register on these platforms or Services. In this case, we are responsible for the provision of Services within the access and Content area managed by us, but not for the provision and operation of the platform itself.
- Content and Structure of Service Materials
- Content and structure of any training or supporting materials and courses, events, workshops, videos or streams (short “Service Materials”) are agreed between us and the Customer. This does not apply if our Services are already pre-designed in terms of Content (e. g. in the case of conferences or webinars offered by us).
- We are entitled to make necessary changes in Service Materials, methodological and organizational changes or deviations before or during the course of the execution of our Services, as far as they increase or do not significantly change the benefit of the announced outcoming for the Customer.
- Our Service Materials are created to the best of our knowledge and ability. However, liability and guarantee for the correctness, timeliness, completeness and quality of the Service Materials is excluded.
- The technical prerequisites necessary for the Service Materials (e. g. computer equipment) are provided by the Customer unless otherwise agreed.
- Rights to our Contents
- Insofar as our Services (including their Contents) are protected by law (e. g. videos, e-books, streams) or are provided as part of an individually tailored consultation and are not publicly known (e. g. individual marketing and analysis concepts or business methods). The customers receive the non-exclusive rights of use, insofar as these are necessary for the fulfilment of our Services to the customer and their use by the Customer. Unless otherwise expressly agreed, a non-exclusive right of use is granted in each case. This means in particular that Customers may use these Services for their own purposes but may not sell them to third-parties or rent them out or create copies for third-parties.
- The acquisition of the rights of use by the customer within the scope of a service provided by us, presupposes the complete payment of the remuneration for the service. Until then, the granting of use is revocable.
- All prices quoted on our website are, unless otherwise stated, exclusive of any applicable VAT.
- Within the scope of the ordering process and before its completion, Customers can choose from the available payment methods. Customers are informed of the methods of payment available to them before the beginning of the ordering process.
- Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
- Invoicing is done electronically.
- The membership fee is usually paid monthly in advance and individual coaching, workshop or similar sessions are paid for after booking. If the due date of the payment is determined according to the calendar, Customers are already in default should they exceed this date. In this case, Customers shall expect to be charged legally set interest (at least 9%) for late payment above the base interest rate. Default interest will be charged, even without a written warning, if the payment is not made at the agreed date. We reserve the right to raise a claim for a higher value of compensation for such delay.
- Should Customers fall into arrears with their payments, we have the right to refuse to fulfil payments due to Customers and to block or at first to restrict access to the user account or to restrict the range of provided functions of our Services at our discretion until such default has been rectified. Our other legal and contractual rights with regard to payment delay shall remain unaffected.
- The Customer shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by us. The Customer may only withhold payments if all the relevant claims arise from the same contractual relationship.
- Travel Expenses
- The travel expenses include the journey to and from the agreed place of contractual performance (First class on the train, 0.30 Euro per km driven by car) and the hotel accommodation (minimum 4 stars incl. breakfast).
- An overnight stay in a hotel is required if the arrival/departure is not possible on the same day or if the arrival/departure has to be made before 9 a. m. in the morning.
- Travel and accommodation costs will be charged according to the reimbursement rules in these Terms and Conditions.
- If travel expenses are not covered in advance by the Customer, we will book these after confirmation of the date of performance by the Customer or at the latest 7 days before the date of performance. In the event of cancellation, travel expenses incurred are to be reimbursed if they cannot be cancelled.
- If no contract term has been agreed upon in the case of long-term/ongoing contracts (e.g. membership), this shall be three months and shall be extended for the same period subject to a period of notice of four weeks.
- Either contracting party may terminate contracts based on these terms and conditions for good cause, if the other contracting party fails to comply with one or more of the agreements and after a request for correction, fails to remedy the situation within the specified, reasonable time limit, or otherwise within a reasonable period of time. Either contracting party may terminate the contract for good cause even without a previous request to remedy the situation, if the terminating party cannot be reasonably expected to continue the contract taking into account all the circumstances of the individual case and weighing up the interests of both parties.
In the event of our lawful termination without notice we will not be obliged to reimburse the membership fee applicable to the period until the end of the month in which the termination occurs.
- Upon termination, the final deactivation of a user account may take up to 14 business days.
- We are entitled to delete the Customer profile and the Content of the Customer with whom the agreement is terminated.
- Rights of Use and Appropriate Conduct
- The services may only be used via the ways, interfaces or access points provided by us and which are clearly intended. Any use beyond that, for example, the reading of data by a crawler, framing or other acquisitions of data records, is prohibited.
- Customers may not use any mechanisms, software or other scripts in connection with use of our Services, which can interfere with the functioning of our Services.
- Customers must comply with the individual privacy of other Customers and must not make confidential information and Content externally available, for example, by publishing it.
- Customers shall protect their access credentials against access by unauthorized third parties and to update them with any changes.
- Customers ensure that the statements made by them and any Content created or uploaded is permitted by law and is free from third-party rights.
- Submission of Content, Granting of Usage Rights
- Subject to other agreements, the granting of the following rights solely serves the operation of our Services and the fulfillment of our contractual obligations in compliance with privacy and data protection rights.
- Customers give us, free-of-charge, a single, spatially and temporally unlimited right, to copy, reproduce or use their Content within the participation in our Services and for the purpose of our Services.
- Responsibility for Content
- We may provide third-party Content on the Services and provide links to third-party websites and Content (collectively referred to as “Third Party Content”) as a Service to those interested in such information. We do not control, endorse or assume any responsibility for the third-party Content and make no representations or warranties with respect to the third-party Content.
- We are not responsible for the Content provided by the Customers and do not endorse the Content. The opinions therein represent the views of the respective Customers.
- We are not obliged to have the Content of the Customer checked but reserve the right to delete or depublish it in whole or in part should there be concrete indications that the Content is contrary to regulatory requirements, official prohibitions, third-party rights, morality or violates these terms and conditions.
- Insofar as we are involved in a lawsuit on account of illegal Content or other legal infringements for which the Customer is responsible, the Customer shall release us from liability upon first request and shall support us in defending against claims. The indemnification includes the necessary legal costs.
- The following provisions shall apply if we organize events, conferences, workshops and training courses, etc. (short “events”).
- Registrations for events organized by us will be considered in the order in which they are received.
- The registration constitutes a binding offer to participate in the event and is considered accepted upon payment. This applies in the case of payment of an invoice or payment via online payment systems, such as PayPal. With the payment, the Customer receives a binding entitlement to attendance at the agreed date and confirmation of registration.
- In case of cancellation we reserve the right to reject substitute persons as participants. In particular, the suitability of the substitute person for training is taken into account.
- Individually agreed Services (e. g. coaching or consulting Services) can be cancelled at any time, but we reserve the full right to payment, minus our saved costs, unless it would be possible and reasonable for us to conclude an adequate contract with third-parties, for which the customer bears the burden of proof. In the case of public events (e.g. conferences), the following rules apply unless otherwise agreed: (i) In the event of non-attendance Customers will be liable for the full cost. (ii) Up until 2 weeks prior to the event, 50% of the booking cost will apply. (iv) Within 4 days prior to the event, 100% of the booking cost will apply.
- Postponement, Cancellation and Replacement of an Instructor or Speaker
- If the agreed instructor or speaker is hindered, especially in the case of illness, an appropriate replacement can be provided.
- In exceptional cases, events may be postponed or cancelled due to short-term absence of the instructor or speaker due to illness or force majeure or insufficient number of participants, even after confirmation of participation has been given.
- If the number of participants is too low, the event will be cancelled at least one week before the start of the event without any fault on the part of us.
- In the event of a cancellation or postponement of an event that is unreasonable for the Customer, we will reimburse any fees that have already been paid.
- The Customer shall not be entitled to claim compensation for further costs incurred by the Customer (e. g. reimbursement of travel and accommodation costs as well as lost work). If the event is cancelled due to force majeure, e. g. if the instructor or speaker is prevented due to force majeure, we shall not be liable for any further costs incurred by the Customer as a result.
- The Content provided within the framework of Services and documents is created in good faith and knowledge. A liability and warranty for the correctness, topicality, completeness and quality of the Content is excluded, unless otherwise stated or guaranteed.
- We are not liable for force majeure, especially war, civil war, strike, natural disasters and shipping restrictions that come into force after the conclusion of the contract or are not known at this time.
- Customers are obliged to cooperate in the event of Service and performance disruptions within the scope of the statutory provisions, and to avoid possible damages or to keep them to a minimum.
- In addition, statutory regulations shall apply.
- Confidentiality, Self-Advertising and Competition Clause
- The contracting parties undertake to treat all information they gain knowledge of during the fulfillment of this contract as confidential and to use it only for contractually agreed purposes.
- The rights and obligations in accordance with this section concerning confidentiality shall remain unaffected by a termination of this contract.
- We are entitled to refer to customers in order to advertise our services and to use the individual services provided to the customer for the purpose of self-promotion, provided that they are not based on an individual consultation and the use as a reference clearly violates any recognizable confidentiality requirements. Customers are required to explicitly point this out if they do not wish to be referenced.
- Changes to these Terms and Conditions
- Within the term of contracts for the performance of a ongoing/long-term contracts we reserve the right to change these Terms and Conditions at any time and with immediate effect, unless this is unreasonable for the Customers. A change is especially carried out when the following objective reasons are present: a) if the purpose of the change is to ensure that the Terms and Conditions are in compliance with applicable law and, in particular, if the current legal situation changes; b) if the purpose of the change is to ensure compliance with legal or regulatory judgments; c) if entirely new Services, elements of the Service offered by us, or our technical or organizational processes will require a new description in the Terms and Conditions and the existing contractual relationship with the Customers will not be affected; and d) if the change is simply advantageous for the Customers.
- In such a case, we will send the amended Terms and Conditions to the email address provided to us by the Customer at least two weeks before such amended Terms and Conditions take effect. As part of the notification concerning changes to the Terms and Conditions, we shall inform the Customers of the consequences of objection. If the Customer does not object to the new Terms and Conditions within a period of two weeks after receiving the email, the amended Terms and Conditions are deemed accepted by the Customer.
- Limitation of Liability
- The following limitations and restrictions of liability apply to our liability for damages and do not affect the statutory requirements for claims:
- We bear unlimited liability if damages were caused by intent or gross negligence.
- Furthermore, we are liable (i) for the negligent breach of duties, the violation of which endangers the execution and fulfillment of the contract, as well as (ii) for the breach of duties, the fulfillment of which allows for the proper execution and fulfillment of the contract and the compliance on which they rely. In this case, however, we are only liable for damages that are foreseeable and typical of this type of contract. The typical damage is for Customers who are entrepreneurs generally limited to the fixed fee and otherwise limited to the amount of the Customer’s contractual fee for the period in which the breach of duty took place, unless the limitation would be unreasonable in individual cases from an equitable point of view. Typical damages do not exceed five times the agreed remuneration for Customers. We are not liable for violating duties other than those defined in the preceding paragraphs if the violation is due to simple negligence.
- The aforementioned limitations do not apply (i) to injury to life, body or health, (ii) to a defect after granting of a guarantee for the quality of the contractual product, and (iii) to fraudulently concealed defects.
- If our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and agents.
- Final provisions, Jurisdiction and Applicable Law
- The written form also includes textual form, e.g. e-mails.
- Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- These Terms and Conditions, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these terms and conditions and be void.
- The law of the Republic of Cyprus shall apply. Place of jurisdiction and place of fulfilment is our office in Cyprus. In the case of site-related Services (e. g. advice on site or at events), the place of fulfilment is the place of performance of the contractually owed Service.
- If one of the above-mentioned provisions is partially or completely ineffective, this does not affect the effectiveness of the remaining provisions.