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General Business Terms and Conditions for Participation in E-Trainings of TwentyEighty Strategy Execution (Germany) GmbH (Version of November 2015)

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1. Area of Applicability

The following General Business Terms and Conditions govern the contractual relationship between the participant and TwentyEighty Strategy Execution (Germany) GmbH [hereinafter referred to as Strategy Execution] with regard to participation in e-trainings.

Any divergent General Business Terms and Conditions of the participant or Strategy Execution shall be inapplicable.

2. Registration/Confirmation of Registration

You can register online or by mail, fax, e-mail or phone. The registration will become legally binding when we issue a confirmation in text form.

3. Service

The charge for participation is per-person and does not include statutory value-added tax. The scope of service of the respective e-training module is defined in the service descriptions, which are retrievable online and form an integral component of the Agreement.

4. Payment due date, modalities, default

The participation fee is due 30 days from invoice date without any deduction.

If the participant comes into default of payment, Strategy Execution shall be entitled to demand late payment interest at an annual rate of 5 percentage points above the base rate [Section 247 para. 1 of the German Civil Code]. Enforcement of additional damage claims is not excluded.

The payment shall be made by credit card or wire transfer on the basis of an invoice. Payment may not be made by sending cash or checks; Strategy Execution shall assume no liability in case of loss.

5. Setoff, Right of Withholding

The participant may only claim a right of payment refusal or setoff in relation to the charge for participation that he or she owes if he or she has counterclaims that are undisputed or estab-lished in a legally enforceable manner.

The participant shall be authorized to exercise a lien only to the extent that the participant's counterclaim is based on the very same contractual relationship.

6. Time-limited duration of use

The average operation time of an e-training is approximately 30 hours. After the initial use, the participant will be given a time-limited right of access for 42 consecutive days. After expiration of this period, further access to the training module will no longer be possible.

7. Copyright

All materials that the participant receives or that are made available to him or her online are protected by copyright and may be used by the participant only for the purpose of participation in the e-trainings and for review and use of the learned material at any time. Such materials may not be reproduced or used for other training purposes, even in excerpt, without the consent of Strategy Execution.

The exclusive copyright and ownership right to the titles, course content, manuals, test mate-rials, study guidelines and instruction methods and didactics belong to Strategy Execution and encompass any already existing material and all new material that Twen-tyEighty Strategy Execution develops in future, whether for an entirely new course or the merely new material that is integrated into existing material.

The participant shall be entitled to view, download and print the course material and the doc-uments displayed and furnished on the website, subject to the following terms and conditions:

  • The content of the website may only be utilized for personal learning and for your personal, informal, non-commercial use and
  • The content of the website may not be sent, modified or altered in any way. Any other use of the content of the website is not permitted.

8. Liability

The e-trainings shall be carefully prepared and operated by qualified presenters. Strategy Execution assumes no liability for the up-to-dateness, accuracy and completeness of the furnished materials and documents. Therefore, our liability is limited on principle to losses that we or our vicarious agents have caused through malicious intent or gross negligence. We shall be liable for slight negligence only in case of loss of life, injury or damage to health or in case of violation of duties essential to the fulfillment of the purpose of the Agreement.

If we should be liable for violations of duties based on slight negligence, the amount of our liability shall be limited to such typical losses for Agreements of the kind in question that were foreseeable at the time of signing of the Agreement or at least by the time of commission of the violation of duty. This shall not be applicable in case of loss of life, injury or damage to health.

Damage claims that, by law, are not conditioned on a fault shall remain unaffected by the provisions in Sections 8.1 and 8.2.

9. Technical Requirements, Cookies

In order to participate in our e-trainings, you need to meet the following technical requirements:

  • An Internet connection at least 56 kB/s or faster
  • Internet Explorer 4.0 or higher
  • Recommended plug-ins: Adobe Flash Player and Adobe Acrobat Reader
  • 200 MHz processor
  • 32 MB RAM
  • Monitor with 800 x 600 dpi

Cookies are deployed on various pages of our website. Cookies are user-related information stored on your computer that can be retrieved by our web server the next time you visit our site. This allows us to tailor content even better to your needs and offer you maximum operating convenience. You of course have the option to refuse the use of cookies in your browser in general at any time. You can determine the use and extent of cookies via your computer settings. If your browser permits the placement of cookies, we shall assume that you agree to it.

10. Applicable Law, Legal Venue and Place of Performance

The laws of Germany shall be applicable, to the exclusion of the UN CISG. If you have no general legal venue in Germany or if you move your residence out of Germany after the sign-ing of the Agreement or if your place of residence is unknown at the date of filing of a com-plaint, then the legal venue for all disputes shall be at our company's registered office in Duesseldorf.

11. Privacy Policy Statement

Strategy Execution protects your personal data and takes appropriate measures to safeguard it. Your data will be used by Strategy Execution, within the scope of the applicable statutory limits, to analyze your needs and for the purpose of optimizing our product offering. For this purpose, a record of your accesses to our website is also kept. We collect personal data of participants to the extent necessary to provide the e-training module. This data includes only: given name, last name, form of address, e-mail address, job title, company name and address, and telephone number.

 

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