Terms & Conditions – Online Academy
These General Terms and Conditions apply to all agreements concluded with Dynamic42 GmbH Winzerlaer Straße 2, 07745 Jena/Germany, (hereinafter referred to as “Organizer”), the subject of which is the offer of a seminar by the Organizer.
1. Reservation and registration
1.1 Those interested* in a seminar can register for a seminar via the organizer’s homepage, by e-mail, by fax or by post.
1.2 Registration constitutes a seminar contract for the entire seminar.
1.3 The contractual partner of the organizer is the registered participant.
2. Seminar fees
2.1 The fees are due for payment without deduction with registration to the seminar. Fees are to be transferred to the bank account stated on the invoice or paid via the other online payment options offered.
2.2 If a seminar is canceled by a participant or if the requirements of Sec. 3 are met, the entire fee is due, unless the requirements of Sec. 6 are met. There is no entitlement to a refund of the (partial) fee for seminars not attended.
2.3 A fee will be charged again for seminars or individual parts of seminars that are attended repeatedly.
3. Right of exclusion
3.1 If the fees are not paid on time, the organizer reserves the right to exclude the participant from the seminar until the fees have been paid in full, without the obligation to pay is lapsing.
3.2 The same applies in the event that the participant disrupts the seminar or other participants during the seminar and does not cease such disruptions even after being warned.
3.3 Until the fees have been paid in full, the organizer has a right of retention to the certificates. Further claims of the participant against the organizer are excluded.
4. Changes of the seminar schedule
The organizer reserves the right to change the time and content sequence of the seminar units and to adjust the seminar content at its reasonable discretion. In this case, the participants shall not be entitled to a full or partial reduction of the fees or any other claims by the participants, provided that the change to the time and/or content sequence of the seminar units and/or the adjustment of the seminar content is not unreasonable for the participants.
5. Cancellation/withdrawal
5.1 Any cancellation of a registration must be made to the organizer at least in text form in accordance with § 126b BGB (e.g. by e-mail or fax).
5.2 A cancellation free of charge is only possible before payment for the seminar has been received
5.3 If a registration is cancelled after payment has been received 100% of the seminar fees will be charged.
5.4 If a course is purchased in conjunction with another product, 100% of the fees for the seminar will be due in the event of cancellation after access to the course has been granted.
5.5 Other rights of withdrawal and revocation or termination of the seminar contract, for whatever legal reason, are excluded for the registered participant.
6. Termination by the organizer
The organizer is entitled to terminate the seminar contract in the event of significant legal or official changes to the framework conditions and for good cause for which the participant is responsible. Notice of termination shall be given to the participant at least in text form in accordance with § 126b BGB (e.g. by e-mail or fax).
7. The manner in which the seminars are conducted
7.1 The seminars are held as purely online events and/or by making videos available on demand.
7.2 The organizer will send the participant an access link for this purpose (to the e-mail address provided by the participant) in a timely manner before the beginning of the seminar. This access link to the seminar may not be passed on to third parties or made publicly available. Should the organizer become aware that a seminar is being attended several times under the same link or that an access link has been made publicly accessible, he shall be entitled to claim damages.
7.3 The participant is responsible for meeting the technical requirements. In particular, additional costs may be incurred for the internet connection. The organizer accepts no liability for this. A claim for reimbursement in the event of non-functioning technology is excluded.
7.4 During the online events, the participant must be connected via audio and also visually. If the audio connection is not established through no fault of the organizer, there will be no certificate issued. There is also no entitlement to a refund.
7.5 If the organizer only provides the participant with videos on demand, the access link to the video is valid for a total of 1 year. During this time, the videos can be accessed by the participant as often as required.
7.6 The participant undertakes not to use the personal data of other participants, of which he/she may become aware in connection with the seminar, for commercial purposes or to make it accessible to third parties. In the event of misuse, the organizer reserves the right to take legal action.
7.7 The content of the online seminars and the videos made available for download are protected by copyright. It is prohibited to take screenshots or video captures during the seminar. In all other respects, Sec. 10 shall apply.
8. Certificate
Upon completion of all lessons in the seminar, the participant will be issued a certificate of attendance for the course.
9. Working documents and copyright
9.1 The working documents are protected by copyright and may not be reproduced or used commercially – not even in part – without the written consent of the organizer and the respective speakers.
9.2 Insofar as content is provided in digital form (e.g. script documents in PDF format, video and audio recordings) (e.g. by e-mail, streaming or download), participants do not acquire ownership of this content. They receive the simple, non-transferable right to use the digital content for exclusively personal use in accordance with copyright law in the manner offered in each case. The handouts may be downloaded once for personal use, printed out and copied exclusively to your own end devices. It is not permitted to copy the digital content for third parties, make it publicly accessible or forward it, post it on the Internet or in other networks for a fee or free of charge, imitate it, print it out, sell it on or use it for commercial purposes, or change the content in any way in terms of content or editing or use modified versions. It is also not permitted to pass on online access data to third parties.
9.3 The organizer accepts no liability for the content of the seminar presentations or the accompanying work documents, unless the organizer or a vicarious agent of the organizer is at fault due to intent or gross negligence.
10. Recording
10.1 The organizer reserves the right to record seminars in order to prove the continuous participation of online participants in case of doubt.
10.2 By registering, the participant also agrees to the recording. Consent is a prerequisite for participation.
10.3 The organizer reserves the right to make the video and audio recordings available for a fee or free of charge, although attendance lists, chat content and other personal data of the participants will not be passed on.
10.4 There is no entitlement to the provision of a recording.
11. Data protection
With regard to data protection, please refer to the separate privacy policy of the organizer.
12. Final provisions
12.1 The place of performance and jurisdiction is – as far as legally permissible – Jena/Germany. The assertion of claims arising from and in connection with this agreement in documentary proceedings is excluded.
12.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of law provisions of German private international law.
12.3 The organizer will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of § 36 of the Consumer Dispute Settlement Act and is not obliged to do so.
12.4 This text shall be governed by and construed in accordance with German law. The attached English version is for information purposes only and does not form part of these terms and conditions. In the event of any discrepancies between the German and English versions, only the German version shall apply.
Cancellation policy
Right of withdrawal:
If you are a consumer within the meaning of § 13 BGB, you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract. The revocation period does not begin until the organizer has provided you with a contract document intended for you, your written application or a copy of the contract document or your application.
To exercise the right of withdrawal, you must inform the organizer (Dynamic42 GmbH, Winzerlaer Straße 2, 07745 Jena/Germany, info@dynamic42.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation:
If you withdraw from this contract, the organizer shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which the organizer is informed about your decision to withdraw from this contract. For this repayment, the organizer will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will the organizer charge you any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay the organizer a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform the organizer of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.