General terms and conditions of business for webinars from the YOUMCADEMY
The General Terms and Conditions of business for booking webinars are below.
The following general terms and conditions of business regulate present and future business and contractual relationships between the Training Academy of Yoummday GmbH, Belgradstrasse 68, 80804 Munich (referred to below as YoumCademy) and the recipient of trainings, workshops, and webinars (referred to below as the CUSTOMER).
2. Closing the contract
Webinars are digital training events.
The CUSTOMER registration represents a binding offer to close a contract for participation in a webinar. The registration must take place in text form through the registration form which can be called up online on www.yoummday.com/de/youmcademy. The contract is effective on receipt of the confirmation of registration by the CUSTOMER.
The correspondence on the part of YoumCademy with the CUSTOMER takes place exclusively by email. The CUSTOMER has to fulfil the technical provisions to ensure receipt of email (e. g. deletion from a blacklist).
3. CUSTOMER duty of cooperation in WEBINARs
The CUSTOMER must fulfil preconditional technical provisions from YoumCademy (amongst others: a stable internet connection, current browser version, loudspeaker or headset, Adobe Flash player). The CUSTOMER receives a test link with the access data at least two working days before the event at the email address which has been provided. The CUSTOMER is responsible for checking and ensuring the technical conditions are fulfilled. A possible failure in the CUSTOMER preconditional technical provisions, also in the case of during the webinar is not a release from the contractual duty to pay. The CUSTOMER is obligated to store the access data carefully, not to transfer it to unauthorised third parties and to protect it from their accessing it. The CUSTOMER is further obligated to keep the registration data, in particular the contact data up to date.
4. SEMINAR fees, terms of payment
The CUSTOMER receives an invoice at least 14 days before the webinar is carried out This invoice payment without deduction is to be transferred with the invoice number within 7 days. Participation is only possible after timely receipt of payment.
5. withdrawal, cancellation costs, rebooking
The CUSTOMER can only cancel events in text form (by post, fax, or email). The CUSTOMER can name a replacement participant at no cost instead of cancelling.
These fees are due on cancellation:
- Cancellation up to 14 days before the start of the event: no charge
- Cancellation within 14 days before the start of the event: 100 per cent of the participation fee plus VAT. This also applies to the registered participant failing to log in.
The date of receipt of the post or email at YoumCademy is the date of cancellation to fulfil cancellation fee periods. Cancellation fees are invoiced at the appropriate amount with as the case may be deposit fees already paid.
6. right of withdrawal for conumers in distance selling contracts
Consumers are entitled to a legal right of withdrawal in distance selling contracts (contracts, in which the company or a person acting in its name or on its order and the consumer have the sole use of means of telecommunication for the contractual negotiations and the closure of contract). Consumers according to Para. 13 German Civil Code (BGB) are every natural person, which closes a legal transaction for purposes which cannot be predominantly assigned to either a commercial or a self-employed professional activity.
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period for services, (seminars, workshops, and webinars) is fourteen days from the day of close of contract.
In order to exercise your cancellation right, you must inform us of your decision to cancel the contract through a clear statement (e.g. a letter by post, telefax, email, telephone) at:
Telephone: +49 89 23023600
Fax: +49 89 23023609
You can use the attached cancellation form template; this is however not prescribed. This template cancellation form can be downloaded here. Your sending the notification before the cancellation period expires is sufficient to comply with the cancellation period.Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.
Consequences of cancellation
If you cancel this contract, we are to repay you all the payments which we have received, without delay and within fourteen days from the day on which the notification of your cancellation was received by us. Repayments take place by bank transfer to your bank account. In no case will a charge be made to you because of this repayment. Had we already started the service (seminars, workshops, and webinars) at your request during the cancellation period you are to pay a reasonable contribution which corresponds to the part of the service already provided up to the point in time at which you informed us of the exercise of your right to cancel the contract. This amount is set accordingly in comparison to the full scope of the services (seminars, workshops, and webinars) intended in this contract.
7. event: Contents and Execution
The subject matter of the respective order is the execution of the event booked or other agreed services, not however a certain success.
The instructors conduct the events exclusively in the name and on behalf of YoumCademy.
The receipt of an attendance certificate is only possible when a participant has continuously attended the whole event. A certificate will be rewarded by YoumCademy for successful attendance of the module.
The events are carefully and conscientiously prepared and executed by the instructors/seminar leaders. YoumCademy does not have liability for the correctness, completeness or up-to-datedness of the documents or execution of the event.
8. Process, event cancellatioN/postponement of events
All events correspond to the binding scope and content determined in the individual offer, subject to necessary organisational and content alterations insofar that they do not substantially change the complete character of the event. YoumCademy can if necessary, replace the initially intended instructor with another equally qualified person. The CUSTOMER has no claim on the selection of a certain instructor/event leader. Should the CUSTOMER miss the complete webinar or individual parts of it the CUSTOMER has no claim for a replacement of the missed appointments missed or redress against YoumCademy.
YoumCademy has the right to cancel or postpone events for reasons for which it is not responsible, in particular not being able to reach the stipulated number of participants, when the instructor is ill or other cancellations through no fault of its own (maintenance work internet connection problems etc). A message is immediately sent by email to the contact provided by the CUSTOMER. YoumCademy has the right to postpone the event to a substitute appointment when the instructor is ill and there is no possibility of finding a replacement in time. Should this be cancelled without a substitute appointment the participation fees already paid are refunded to the CUSTOMER. The CUSTOMER has no further claim against YoumCademy, in particular not for compensation for damages.
9. property right and copyright
YoumCademy expressly retains the copyright or right of use for the documents created by the instructor. Documents for the webinar may not be duplicated or made publicly available without agreement given in text form by YoumCademy but may only be used for private or other own use.
YoumCademy has unlimited liability for damage to life, body, and health, which are based on negligent or intentional violation of duty by the legal representatives or agents of performance, for damages which are within the scope of liability in the product liability as well as for all damages which are based on intentional or gross negligence as well as wilful intent of the legal representatives or agents of performance.
11. Final clauses
The German property law is valid to the exclusion of the United Nations Convention on contracts for the International Sale of Goods.
The place of execution is the YoumCademy location. The place of jurisdiction for all claims in connection with the business relationship to YoumCademy is Munich.
This is also applicate to CUSTOMERS who have a habitual residence outside the Federal Republic of Germany.
The German wording of the contract and these clauses are overriding.
Supplementary agreements, changes or extensions are to be in written form to be effective, likewise the revocation of the necessity for written forms is to be made in written form.
Should individual conditions of these conditions be ineffective or later become ineffective, the effectiveness of all other conditions is not affected by this. In the case of an ineffective condition the parties are obliged to negotiate an effective substitute regulation which most closely approaches economic purpose followed by the condition made by the parties.
General Terms and Conditions of business for Webinars Status February 2020