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Eticor AGB

GTC

 
 

Eticor´s GTC

 1. Scope - Contractual partners - Definitions
These General Terms and Conditions (GTC) apply to the further education offers - hereinafter referred to as "seminar" and/or "educational measure" - of the company Eticor - hereinafter also referred to as the "organizer".
By registering for an educational measure, the participant accepts these GTC.
Deviating, conflicting or supplementary general terms and conditions of the participant shall not apply unless we have expressly agreed to their validity.

2. Registration - Conclusion of contract
The dates of the training measures are displayed in the seminar overview on the organizer's website (www.eticor.com). Participants can register directly for the desired seminars using the registration forms provided there.
Registrations will be considered in the order in which they are received. There is no general entitlement to participation. The organizer reserves the right to admit participants in individual cases.
Acceptance is made by the organizer by means of a written booking confirmation within 14 calendar days. At this point, the contract becomes legally effective (conclusion of contract).

3. Costs
Unless it is a free seminar, the seminar fees are stated in euros. The amount of VAT incurred is shown separately. Costs for teaching materials are included in the seminar price, unless otherwise expressly agreed.

4. Terms of payment
Offsetting/retention
The seminar fees are due within seven days of receipt of the invoice and must be paid quoting the invoice number. Invoices shall be issued within 3 days of the written booking confirmation being sent.
In the event of late payment, the statutory provisions shall apply. The organizer is entitled to charge interest on arrears if the payment deadline is exceeded.

5. Cancellation of registrations - Transfer of participation
Cancellation of registrations must be made in writing and is possible free of charge at any time up to four weeks (receipt by the organizer) before the start of the event. The participant must send the cancellation to

Eticor GmbH
Grundtalring 37
63868 Grosswallstadt
Phone: +49 6022 2656-0
Email: marketing@eticor.com

Cancellations received by the organizer no later than four weeks (receipt by the organizer) before the start of the event can be considered. If the participant does not cancel in due time and/or form or does not show up, the full seminar fee per event and person will be charged.
The participant is at liberty to prove that the organizer has incurred no or less damage.
If a participant is unable to attend, he/she may nominate a substitute for the entire event, provided that the training measure has not yet begun and the substitute participant fulfills the admission requirements. The substitute participant will then receive a new confirmation. If there is a right of withdrawal, this shall take precedence over the nomination of a substitute participant.

6. Revocation instruction
Consumers have the following right of revocation (Explanation: A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity, § 13 BGB)

Right of revocation
The consumer has the right to revoke this contract free of charge within fourteen days from the date of conclusion of the contract, without giving any reason.
To exercise the right of revocation, the participant must inform the organizer

Eticor GmbH
Grundtalring 37
63868 Grosswallstadt
Phone: +49 6022 2656-0
Email: info@eticor.com

of his decision to revoke this contract by means of an informal but clear declaration (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the withdrawal period expires.

Consequences of revocation
In the event of effective revocation, the organizer shall reimburse the participant for the payment already received from the participant for the booked seminar. As a rule, the refund shall be made immediately, but at the latest within 14 days of receipt of the effective declaration of revocation. For the refund, the organizer shall use the same means of payment that the participant chose for the payment, unless the parties involved agree otherwise. The organizer shall not charge a fee for the refund.

If the service has already begun during the revocation period, the refund amount will be reduced by a proportionate amount.

Special note: The right of withdrawal expires prematurely when the complete service has been provided.

7. Event cancellation
The organizer reserves the right to cancel or postpone announced or commenced educational measures due to a lack of participants or a cancellation/illness of the lecturer, or for other important reasons for which the organizer is not responsible, such as force majeure.
The participants will be informed immediately of the cancellation or postponement of the event. Participation fees already paid will be refunded immediately in the event of cancellation.
If the minimum number of participants is not reached, the organizer reserves the right to convert the training measure into small group coaching or individual coaching.

8. Reservation of the right to make changes
The organizer reserves the right to change speakers and/or relocate or change the course of the program, provided that this does not fundamentally change the objective of the event.
There is no entitlement to a specific speaker for the event. The organizer is entitled to replace the scheduled speakers with other persons who are equally qualified with regard to the announced topic. In case of doubt, the organizer shall be responsible for providing proof of such qualification.

The organizer is entitled to adapt the content of the training measure to current scientific knowledge and, for this reason, to make methodological changes to the event, provided that these do not significantly change the overall character of the announced event.

Changes to the content that alter the objective of the course are permitted if they are made with the consent or at the request of the bodies responsible for recognizing the qualifications sought.

The order and amount of content may vary depending on the size and dynamics of the group. This ensures the best possible implementation of the content in practice.

The organizer reserves the right to change the location of the seminar. In particular, he reserves the right to hold the seminar online. Registered participants will be informed immediately of any necessary changes.

9. Obligations of the participant
The participant undertakes to observe the house rules applicable at the seminar venue.
The participant is obliged to follow the instructions of the instructors and the representatives of the organizer and its vicarious agents.
The participant is obliged to refrain from all actions that could conflict with the proper execution of the educational measure.

10. Copyright
The documents handed out to the participant and other media provided for course purposes are protected by copyright. Reproduction, forwarding, making available to the public or other use of the documents/media provided - even in extracts - is only permitted with the express written consent of the organizer.
Digital recording by the participant in the case of events held online is prohibited.

11. Salvatorian clause
Should any of these provisions be or subsequently become invalid, this shall not affect the validity of these provisions as a whole.

12. Applicable law and place of jurisdiction
The contractual relationship between the organizer and the participant shall be governed by the law of the Federal Republic of Germany.
If the participant is a registered trader or a person under public law or if the participant does not have a permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with the seminar event shall be Aschaffenburg. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the participant has his habitual residence.
 
B. General Terms and Conditions for Eticor e-learning courses and the Eticor Experts community
 
1. Scope of application
These terms and conditions apply to all digital products offered, hereinafter referred to as "e-learning course" and/or "product", by

Eticor GmbH
Grundtalring 37
63868 Grosswallstadt
Phone: +49 6022 2656-0
Email: info@eticor.com

hereinafter also referred to as "provider" and the customer/user.
All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.

2. E-Learning course fees, booking, terms of payment
The fees for the digital e-learning course are in euros. The amount of VAT incurred is shown separately.

When booking via the provider's website (www.eticor.com) under the heading "Academy", the e-learning courses offered are directly visible. The desired product can be selected here and booked directly. Once the customer has decided to purchase the product, they can choose whether to buy as a private individual or a company. To do so, they must enter their first and last name, address and e-mail address. If the customer is purchasing as a company, please also enter the company name and VAT ID.

The customer undertakes to provide the relevant information completely and truthfully and, in particular, not to use any pseudonyms or aliases. After receipt of the binding booking, the customer will automatically receive an order or booking confirmation and the access data for the e-learning course (consisting of the customer's e-mail address and a password, which is assigned automatically) by e-mail. At this point, the user contract for the use of the Eticor e-learning courses and the Eticor Experts Community (see section 4 for further details) is concluded between the customer and the provider. The invoice will be sent within 3 days of the booking confirmation being sent.

The invoice amount must be paid within seven days without deduction, stating the invoice number. Full access to the respective purchased products is dependent on prior receipt of payment.

As long as the provider has not yet received payment, the customer will only receive access to the first module. After receipt of payment, but at the earliest 14 days after receipt of the order, the customer is entitled to full consideration, i.e. the e-learning content is gradually activated every 14 days or collectively

3. Contract term and termination
The respective term of the contract depends on the product/course booked. As a rule, the contract ends automatically upon fulfillment. This means that the customer has paid for the e-learning course in full and the provider has provided the corresponding consideration, i.e. all e-learning content has been activated. Access to the product/course exists for at least 12 months.

The extraordinary right of termination of either party remains unaffected. In particular, the provider has an extraordinary right of termination if the customer is in arrears with payments more than twice, if the customer intentionally violates provisions of these GTC and/or intentionally or negligently commits prohibited acts or has permanently disturbed our relationship of trust.

4. Scope of services and subject matter of the contract
The scope of services depends on the product or e-learning course purchased.

Community Eticor Experts
With the purchase of each product, the customer automatically receives access to the provider's Eticor Expert community. This contains live group calls, which are offered at different times.

The customer may participate in every live group call. The dates are announced well in advance on the community page so that time can be reserved in good time.

The live calls are regularly recorded. If this is the case, the recordings of the respective live call will be available to the e-learning participants afterwards.

In the event that a live group call cannot take place for technical or organizational reasons (e.g. absence/illness of the lecturer), the provider will try to find alternative dates.

E-learning
If the customer cancels a booked e-learning course, they are not entitled to a refund of the payments made.

The subject matter of the contract is the paid use of the functions of the Eticor e-learning courses and the use of free access to the Eticor Experts community as an e-learning and online course platform, as well as enabling access to the content posted there in the basic area.

With regard to the content, the customer is granted a simple, non-transferable read and play license for the duration of the usage agreement. Any other form of use, in particular the downloading of the e-learning videos and reproduction etc. requires the written consent of the provider.

The customer is provided with access to use the contributions and topics of the Eticor e-learning courses and the Eticor Experts community. In addition to the basic services, further content can be purchased for a separate fee.

The provider will endeavor to offer the service for retrieval with as little disruption as possible.

However, downtimes cannot be ruled out, especially if the web server cannot be accessed due to technical or other problems beyond the control of the provider.

The provider reserves the right to replace, restrict or supplement the content of the Eticor e-learning courses and the Eticor Experts community, provided that the fulfillment of the purpose of the agreement is not or only insignificantly impaired. We also reserve the right to make structural and graphic adjustments or changes at any time.

5. Terms of use
5.1 Obligations of the users 

Customers are obliged to pay the agreed course fees on time, stating the invoice number.
The user access may only be used by the customer and may not be made accessible or passed on to third parties. The customer as the owner of the access is also responsible for the protection of the access data and the prevention of misuse by third parties, insofar as this lies within the customer's sphere of influence.

The customer undertakes to treat other users of the Eticor e-learning courses and the Eticor Experts community in an objective and polite manner.
In particular, it is prohibited to

◦ to publish offensive or untrue content;
◦ sending spam to other users via the system
◦ using content protected by law, in particular by copyright and trademark law, without authorization
◦ carry out anti-competitive activities;
◦ to advertise in the forum without the express written permission of the provider.

The user is aware that all commented contributions are accessible to other users of the Eticor e-learning courses and the Expert Community. If the user agreement ends and/or access is deleted, the user's public comments, in particular text contributions, will remain visible. However, the user's name will be anonymized.

If a user acts in breach of contract by violating these General Terms and Conditions, the provider has the right to exclude the user from the e-learning course.

This is particularly the case if the user disrupts the course, for example by making negative comments and/or live contributions in the Eticor Experts Community, and does not refrain from doing so even after being requested to do so. The costs will not be reimbursed.

5.2 Granting of rights of use

The copyright for the contributions, audio and visual works remains with the respective user. However, by posting his contribution (including audio and visual works) in the Eticor e-learning courses and the Eticor Experts community, the user grants the provider the right to make the contribution permanently available on his website for retrieval and to make it publicly accessible.

The provider has the right to move contributions within its website and to combine them with other content. In the event of a breach of the terms of use, the provider has the right to delete contributions.

For the duration of access to the product/course, the user has no claim against the provider for deletion or correction of the contributions made by him.

The aforementioned rights of use of the provider shall remain in force even in the event of termination of the user agreement.

5.3 Amendment of the terms of use

The provider is entitled to amend the terms of use. The user will be notified of the changes in advance by e-mail. The user is entitled to object to the changes within one month of notification. In the event of an objection, the existing terms of use shall be retained.

6. Revocation instruction
Consumers have the following right of revocation

(Explanation: A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity, § 13 BGB)

Right of revocation
The consumer has the right to withdraw from this contract within fourteen days from the date of conclusion of the contract free of charge and without giving any reason.
To exercise the right of withdrawal, the customer must inform the provider

Eticor GmbH
Grundtalring 37
63868 Grosswallstadt
Phone: +49 6022 2656-0
Email: info@eticor.com

by means of an informal but unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the withdrawal period has expired.
Consequences of withdrawal

In the event of effective withdrawal, the provider shall reimburse the customer for the payment already received from the customer for the e-learning course booked. As a rule, the refund shall be made immediately, but at the latest within 14 days of receipt of the notice of withdrawal. For the refund, the provider shall use the same means of payment that the customer chose for the payment, unless the parties agree otherwise. The provider shall not charge a fee for the refund.

7. Liability
The provider accepts no liability for the content provided, in particular not for its accuracy, completeness and topicality. With the exception of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the provider is only liable for damages that are attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as, in particular, loss of profit.

Liability towards consumers is limited to damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract, except in the case of intentional or grossly negligent behavior or damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damages such as, in particular, loss of profit.

Except in the case of injury to life, limb and health or intentional or grossly negligent behavior on the part of the operator, liability towards entrepreneurs shall be limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect damages, in particular loss of profit.

The limitation of liability shall also apply mutatis mutandis in favor of the Provider's employees and vicarious agents.

8. Course schedule
All digital e-learning courses correspond to the scope and content communicated in the offer, subject to necessary changes, provided that these do not significantly change the overall character of the course.

9. Sound and film recordings
The production of sound, image, video and film recordings during the course by customers or third parties is not permitted. Exceptions exist for recordings made by the provider for training or documentation purposes, for example in the live calls of the Eticor Experts community.

By participating, the customer consents to the provider making image and sound recordings and to the use and publication of such recordings for the purpose of public reporting on the event and on our website, including in social media.

In the case of recordings in which the focus is on individual persons, the customer has the right and the opportunity to inform the photographer or videographer at any time that they do not wish to be recorded.

10. Miscellaneous
Participation in the e-learning courses is based on cooperation. Participation requires a willingness to learn on one's own responsibility. The provider cannot promise any specific success for these processes. The provider is merely a process facilitator and provides assistance, samples and instructions. Implementation and decision-making are the sole responsibility of the customer.

11. Salvatorian clause
Should any of these provisions be or subsequently become invalid, this shall not affect the validity of these provisions as a whole.

12. Applicable law and place of jurisdiction
The contractual relationship between the provider and the customer shall be governed by the law of the Federal Republic of Germany.

If the customer is a registered trader or a person under public law or if the customer has no permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with the e-learning course is Aschaffenburg. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence.

Status: 01.01.2023