General Terms and Conditions (hereinafter referred to as “GTC”) of REKRU-TIER GmbH, Bussardstr. 5.2, 82166 Gräfelfing (hereinafter referred to as "Rekru-Tier", "we" or "us").
§1 Overview
(1) We are active in the following business areas:
a) In the “Seminars & Coaching” business area, we provide seminar services and coaching for consumers and entrepreneurs.
b) In the “Publishing” business area, we distribute books and courses.
c) In the “Software” business area, we offer an online platform for contact management through the software “Kontakt-Guru”.
§2 Regulations for the “Seminars and Coaching” business area
(1) Payment must be made for seminars and coaching sessions, and received by the dealer, 7 days before the service is provided. If this is not the case, we expressly reserve the right not to provide the service.
(2) We also expressly reserve the following rights:
a) The right to withdraw for good cause. In this case, payments already made will be refunded by the dealer.
b) The right to offer reasonable alternative services .
c) The right to make changes regarding the event, especially changing speakers.
(3) In case of cancellation of a service due to instructor illness, force majeure or other unforeseeable events such as in particular governmental measures, non-issuance of official permits, labor disputes of any kind, sabotage and delayed material deliveries through no fault of us, there is no claim towards us to provide service. In this event, we will make every effort to offer an alternative date. If no agreeable alternative date can be found, we will arrange for payment refund through the dealer.
We kindly ask you to take this into account when booking your arrival or making other preparations. Should cancellation be necessary, this will usually occur one to three days before program start. Due to the often very last-minute reasons for the respective cancellation, alternative courses of action are unfortunately not possible.
(4) If and insofar as comparable seminars are offered, you are entitledto rebook.
(5) You are entitled to name a substitute participant.
(6) Recording the service is prohibited. This applies equally to parts as well as to the entire event. In this respect, we expressly refer to copyright, house rights and general personal rights including the right to one’s own image.
As far as workbooks or other documents are provided, we point out that they are copyrighted material intended solely for the personal use of course participants. In particular, it is forbidden to use such material contrary to §§15 ff. UrhG (German Copyright Act), and reproduction (scanning, photocopying, photographing etc.), distributing, processing and/or making said materials publicly accessible is especially forbidden.
Infringements cause us harm and result in our no longer being able to offer our products at our usual good price/performance ratio.
Violations and even attempted violations will be prosecuted under civil law with regard to damages and injunctive relief and, if necessary, additionally reported to the police.
Furthermore, a lump-sum compensation of €500 is due immediately. If you, as a consumer, can prove to us that we did not suffer any or only minor damage as a result of the recording, no lump-sum compensation will be due.
In the event of violation of the prohibition to record the service in whole or in part, we reserve the right to expel you from the room. In this case a refund of payments made is excluded.
Further claims for damages are expressly reserved.
(7) Bringing animals of any kind, especially dogs, is prohibited. Please note that you are not allowed to enter our seminars and coaching sessions when accompanied by an animal.
(8) Children under 12 years of age are not allowed to attend the seminars and coaching sessions for reasons of youth protection. Please note that this also applies to Babys.
(9) Insofar as we also provide you with access to products from our other business areas within the scope of the services in the business area “Seminars & Coaching”, the regulations from the respective business area also apply.
§3 Regulations for the “Publishing” business area
(1) In essence, product delivery occurs only after the dealer receives payment.
(2) We reserve the following rights:
a) The right to reasonable partial deliveries or reasonable replacement deliveries.
b) The right to retroactively adapt, expand or restrict the content and scope of digital products, such as video courses.
c) The right to withdraw for good cause
(3) All content provided is copyright-protected material. Reproduction, distribution, editing and/or making publicly accessible any of these contents in whole or in part is expressly prohibited.
(4) It is forbidden to download content to which you have access in a member area.
(5) It is prohibited to grant third parties access to a member area provided or to the contents available therein. You are obliged to use a secure password and to prevent third parties from gaining access to it.
(6) In the event of violation of sections (3), (4) and (5), we reserve the right to block you from all content immediately and without compensation. Refund of paid services is excluded in this circumstance. We also reserve the right to claim damages.
§4 Regulations for the business area “Software”
(1) Technical requirements for using Kontakt-Guru
To use Kontakt-Guru,
a) a laptop or desktop PC with a current operating system and a current version of Google Chrome or Mozilla Firefox and
b) a stable internet connection with sufficient band width for the functions used and
c) sufficient free RAM and a sufficiently powerful processor for the functions used, are required.
The installation of unsupported additional software (including pop-up blockers, ad blockers, etc.) as well as unsupported settings in the operating system, browser or other installed software, can lead to limited functionality.
(2) Operator obligations
The user is responsible for all content they store in Kontakt-Guru.
The operators hereby warrant Rekru-Tier that the content is in accordance with German law and does not infringe the rights of third parties, in particular intellectual property rights such as trademarks, designs, patents, utility models, copyrights or personal rights and also neither infringe competition law nor data protection law and does not infringe criminal law.
The operators further warrant refraining from providing any content that glorifies violence or is pornographic.
Rekru-Tier provides every operator with the opportunity to pass on contact data to third-party providers. The operator undertakes to comply with the applicable law at any time when transferring such data to third parties.
The user is solely responsible for all personal data stored in their Kontakt-Guru account. The user is obligated to adhere to the respective valid legal situation when processing their data and especially to compliance with applicable data-protection regulations.
(3) Exemption from third-party claims
Operator exempts Rekru-Tier of all claims by third parties upon first request, in particular of claims regarding alleged copyright infringement, infringement of competition rights and infringement of intellectual property rights such as in particular trademarks, designs, utility models, patent law, data protection and personal-rights, as well as actions with regard to criminal law, which are raised against Rekru-Tier, its managing directors, shareholders and / or employees in the context of usage of Kontakt-Guru by the user.
The same applies with regard to claims due to the contractual prohibition to provide content glorifying violence or pornographic content.
The operator hereby warrants notifying Rekru-Tier immediately in text form upon receipt of any third-party claims with regard to the use of Kontakt-Guru. Rekru-Tier is entitled to take suitable measures to defend itself against third-party claims or to pursue its rights. The exemption also includes the refunding of reasonable costs that Rekru-Tier incur or have incurred as a result of legal prosecution / defense, including reasonable attorney fees.
(5) Prohibition of technical interference
The user must refrain from any activity that entails manipulating, impairing and/or overloading the operation of Kontakt-Guru or its underlying technical infrastructure and functionality / access options. These include in particular:
a) the use of viruses, robots, SPAM, worms, trojans or similar in connection with the use of Kontakt-Guru;
b) blocking, overwriting, modifying, copying data and/or other content, insofar as this is not necessary for the proper use of Kontakt-Guru.
(5) Indemnification from server failure or technical problems
The users are aware that despite regular maintenance, server failure or technical problems can occur. Data may be lost due to server failure or technical issues. It is also possible that some functions will not work or will only function to a limited extent. Users are therefore advised to externally back up the data for which they are responsible. If there is an impairment due to server failure or technical problems, Rekru-Tier is only liable for wilful intent and gross negligence.
§5 Conclusion of contract
You can purchase our paid products and services from the retailers Cleverbridge AG (Brabanter Str. 2-4, 50674 Cologne, Germany, hereinafter Cleverbridge) or DigiStore24 GmbH (In der Kalenberger Graben 7, 31141 Hildesheim, Germany, hereinafter DigiStore24). Your contractual partner is the respective dealer. Service provision is based on the respective retailer’s terms and conditions, which you can view, print and save on the order page.
§6 Liability, limitation of liability
In case of intent or gross negligence of Rekru-Tier or by Rekru-Tier’s agents or assistants in performance Rekru-Tier is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. Otherwise liability is excluded. To the extent the breach of contract is unintentionally Rekru-Ters liability for damages shall be limited to the typically predictable damage.
Rekru-Tiers liability for culpable damage to life, body or health as well as Rekru-Tiers liability under the Product Liability Act shall remain unaffected.
§7 Contract assignments
Rekru-Tier is entitled to assign this contract with all rights and obligations to a company of its choice. The transfer will take effect 4 weeks after the user has been notified accordingly. If this contract is transferred to another company, the user has a extraordinary cause to terminate the contract, which must be exercised within two weeks after notification.
§8 Platform for online dispute resolution
The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr
However, Rekru-Tier is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. (OS platform or in the sense of § 36 VSBG)
§9 Right to change
Changes to these terms and conditions are possible with a notice period of 4 weeks.
§10 Applicable Law and Jurisdiction
German law applies.
The place of jurisdiction for all disputes arising from and in connection with this contract, regardless of the legal basis, is Munich, in the event that the user is a merchant or does not have a place of general jurisdiction in Germany.
§11 Severability clause
Should individual provisions of this contract proof to be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the commercial objective which the contracting parties pursued with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract contains any gaps.
§12 Language Version
The English translation is for your convenience only. In the event that the English-language version differs from the German-language version, the German-language version prevails.
Date: December 2020
