General terms and conditions of AGOR AG for live online webinars
- 1 Scope of application
These General Terms and Conditions apply to all contracts concluded with AGOR AG, Hanauer Niddastraße 74, 60329 Frankfurt am Main (hereinafter referred to as AGOR AG) for live online webinars provided by AGOR AG (Academy and Learning Department).
- 2 Registration
(1) Registration for participation in a live online webinar of AGOR AG (Academy and Learning Department) is possible online via the website of the AGOR Academy and Learning Department at www.agor-learning.com.
(2) Upon registration, the participant will receive a confirmation of receipt by e-mail with the information provided by him. Input errors can be corrected at any time by e-mail to firstname.lastname@example.org.
(3) Registrations shall be processed in the order in which they are received. As far as the registration for the desired live-online webinar can be considered, the participant will receive a registration confirmation by e-mail. The confirmation of registration will be sent at least two weeks before the start of the live online webinar, unless the participant’s registration is received later. The contract between the participant and AGOR AG is concluded by the receipt of the registration confirmation.
- 3 Participation fee
(1) If a live online webinar is subject to a fee, the participation fee is indicated on the website of the AGOR Academy and Learning Department of AGOR AG (www.agor-learning.com). The amount stated there includes the participation in the live online webinar as well as the webinar documents or presentation, which will be sent to the participant electronically after completion of the live online webinar.
(2) The participation fee does not include the statutory value-added tax.
(3) The amount shown in the invoice from AGOR AG is due for payment without deduction within 14 days of receipt, unless other arrangements have been made.
- 4 Execution of the event, withdrawal by AGOR AG
(1) In order to participate in the live online webinar, the participant needs a computer with Internet access that meets the respective system requirements. The system requirements are noted in the webinar descriptions on the Academy website. The participant is responsible for the existence of these technical requirements.
(2) AGOR AG will send the participant the access data for the learning platform to the e-mail address given in the registration in good time before the start of the booked live online web seminar. The access data may not be passed on to third parties or made publicly available.
(3) The live online webinars are prepared and conducted by qualified speakers.
(4) However, the participant has no claim to the live online webinar being led by the speaker(s) announced on the website of the AGOR Academy and Learning Department of AGOR AG (www.agor-learning.com).
(5) AGOR AG is not liable for the topicality, correctness and completeness of the webinar documents or the webinar content, provided that there is no intentional or grossly negligent fault on the part of AGOR AG or its vicarious agents. Furthermore, AGOR AG does not provide the participant with any guarantee for the occurrence of a certain success due to his participation.
(6) AGOR AG is entitled to cancel, postpone or change the programme of the live online webinar due to the speaker being prevented from attending or the number of participants being too low. The rights of the participant in the event of such a change are regulated in § 5 (3).
(7) If a live online webinar cannot take place in whole or in part for reasons for which AGOR AG is not responsible (e.g. prevention of the speaker), AGOR AG is entitled to withdraw from the contract.
(8) In the event of withdrawal by AGOR AG, the participant will be reimbursed for the participation fee already paid for a live online webinar for which a fee is charged. Further claims by the participant are excluded, unless AGOR AG has caused the cancellation intentionally or through gross negligence.
- 5 Withdrawal by the participant from live online webinars with costs
(1) The participant is entitled to withdraw from the contract or to name a substitute participant up to two weeks before the start of the live online webinar. The declaration must be made in writing, by fax or e-mail to AGOR AG at the following contact details: AGOR AG, Hanauer Landstraße 151-153, 60314 Frankfurt am Main, Germany, Fax: 069949432460, E-Mail: email@example.com
(2) If a declaration of withdrawal is received by AGOR AG later than two weeks before the start of the live online webinar or if – without a corresponding declaration – neither the participant nor a named substitute participant takes part in the live online webinar, AGOR AG is entitled to payment of the full remuneration.
(3) In addition, the participant is entitled to withdraw from the contract in the event of a significant change in the time or content of the live online webinar within 7 working days of receiving a corresponding notification. In particular, a significant change is deemed to have occurred if the event does not take place on the day announced. In contrast, the change of a speaker does not constitute a significant change. In case of withdrawal, the participant will be refunded an already paid participation fee. Further claims by the participant are excluded, unless AGOR AG has caused the cancellation intentionally or through gross negligence.
(4) Any existing statutory rights of revocation of the participant remain unaffected.
- 6 Liability
(1) AGOR AG is only liable without limitation for intent and gross negligence.
(2) In the case of slight negligence, AGOR AG is liable if an obligation is violated, the observance of which is essential for the achievement of the purpose of the contract (“cardinal obligation”). Cardinal obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. In this case, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
(3) The above provisions shall also apply in favour of the employees and vicarious agents of AGOR AG.
(4) The limitation period for claims by the participant is one year, insofar as the beginning of the period is dependent on the participant’s knowledge; in other cases, the statutory provisions shall apply. Claims under the Product Liability Act and liability for injury to life, limb or health remain unaffected by the above paragraphs (1) to (4). Claims for damages due to intentional or grossly negligent conduct are not subject to the provisions of paragraph (4).
- 7 Copyright law
The webinar documentation is protected by copyright and may not be reproduced or passed on to third parties – even in part – without the prior written consent of AGOR AG and the speaker. Recording of the event, e.g. on audio or videotapes, is not permitted.
- 8 Information on Online Dispute Resolution according to Art. 14 para. 1 ODR-VO
The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/ Our e-mail address is: firstname.lastname@example.org. Information on consumer dispute resolution according to § 36 VSBG: AGOR AG is not obliged and not prepared to participate in dispute resolution proceedings before a consumer arbitration board in the sense of the Consumer Dispute Resolution Act
- Article 9 Final provisions
(1) Collateral agreements must be in writing to be effective.
(2) General terms and conditions of the participant are hereby rejected.
(3) The place of jurisdiction for dealings with merchants, legal entities under public law or special funds under public law is Frankfurt am Main.
Frankfurt am Main, May 2020