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Terms and Conditions

As of June 2023

 

THESE TERMS

 

(1) This website (the "Site") and/or the services, including all related mobile applications (together, the "Services"), and all offers and bookings of events that we organize and/or market together with the respective services (the "Events" and the booking of such events: the "Event Booking") through the Site, are owned by Ana Swartz (sole proprietorship) and operated by us (hereinafter referred to as "we", "us", and "our"). These terms and conditions ("Terms") establish the conditions under which visitors or users (collectively, "Users" or "you") may access and use the Site and/or the Services and book events.

 

(2) By accessing or using the Services, you agree to and are bound by these Terms. If you do not agree to all the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site, using the Services, or booking events. These Terms provide information about who we are, how to book events, how to cancel a booking, and what to do in case of any issues.

 

(3) You represent and warrant that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and book events. Minors require the permission of their parents or legal representatives to use the Services or book events.

 

Event Bookings

 

EVENT BOOKINGS, PRICING

 

(1) You can make event bookings to participate in various types of events offered through our Site or our Services.

 

(2) Some of the events listed on our Site or in our Services are subject to a fee. By making a payment through our Services, you agree that: (i) you are responsible for reviewing the complete entry for the event before making a binding booking; (ii) you enter into a legally binding contract to book an event when you complete the booking process.

 

(3) You can select the events you wish to book and add them to a shopping cart by making the appropriate selections (e.g., events, date) and clicking the respective button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for events at any time (provided that you will only be charged the amount to which you agreed before the price change) and to correct unintentional pricing errors that may occur in the future. Further information about pricing and value-added tax (VAT) at the applicable rate, as well as other relevant taxes, fees, or charges, is available on the Site during the booking process.

 

(4) Before clicking the "order with obligation to pay" button, all events selected by you, including the total price, will be displayed again in a booking summary. You can then identify and correct any input errors before submitting your final binding booking order. By clicking the "book with obligation to pay" button, you place a binding order to book an event on the selected date. However, the order can only be placed and transmitted once you have accepted these Terms by clicking the respective checkbox and thus including them in your booking order.

 

(5) We will then send you an automatic acknowledgment of receipt for your booking order via email, listing your booking order again, which you can print or save using the corresponding function. The automatic acknowledgment of receipt only confirms that we have received your booking order; it does not constitute our acceptance of that order.

 

(6) The legally binding agreement for the booking of the events is only concluded when we send you a confirmation email. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method, and you choose this payment method for your order, which initiates an immediate payment transaction (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is considered concluded when you initiate the booking process, as described above, by clicking the "book with obligation to pay" button.

(7) The purchase contract can be concluded in German. After the conclusion of the contract, the contract terms will be stored by us, and you will no longer have access to them.

 

STORAGE OF ONLINE PAYMENT INFORMATION

You can store a preferred payment method for future use. In this case, we will store this payment information in accordance with applicable industry standards, if available (e.g., PCI DSS). You can identify your stored card by its last four digits.

 

CONFIRMATION PROCESS

Please note that access to the event can only be granted upon confirmation through our services, and access to certain events may require personal identification.

 

Refunds are not covered by the cancellation protection

Events may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases, you will receive a refund.

 

RIGHT OF WITHDRAWAL

​See below

 

VOUCHERS, GIFT CARDS, AND OTHER OFFERS

From time to time, vouchers, gift cards, discounts, and other offers ("Offers") may be available for the events. Such Offers are only valid for the period specified in the respective offer. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written permission.

 

MEMBER ACCOUNT

(1) In order to access and use certain areas and features of our site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.

(2) If someone other than yourself accesses your Member Account and/or your settings, they may perform all actions available to you and make changes to your Member Account. Therefore, we strongly advise you to keep your login credentials for your Member Account secure. In such activities, it may be assumed that they were performed by you and on your behalf, and you may be solely responsible for these activities that occur within your Member Account, whether or not you explicitly authorized them, as well as for any damages, expenses, and losses arising from them. You are liable for activities related to your Member Account in the manner described above if you have negligently allowed the use of your Member Account by disregarding reasonable care in protecting your login credentials.

(3) You can create and access your Member Account through a designated webpage or through a third-party platform such as Facebook ("Social Network Account"). When you sign in through a third-party platform account, you hereby grant us access to certain information about you stored in your Social Network Account.

(4) We reserve the right to permanently or temporarily block or suspend your access to the Member Account, without any liability on your part, in order to protect us, our site, our services, or other users if, for example, you violate the provisions of these terms or applicable laws or regulations related to your use of the site or your Member Account. This may be done without prior notice if circumstances require immediate action; in this case, we will inform you as soon as possible. Furthermore, we reserve the right to terminate your Member Account by email with a notice period of two months if, for example, we discontinue our member account program. You can discontinue the use and request the deletion of your Member Account at any time by contacting us.

 

PERMITTED USE

(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our services, you must comply with these terms and all applicable laws.

(2) Unless expressly permitted by these terms, it is not permissible to: (i) use our services in an unlawful or fraudulent manner (including the infringement of third-party rights) or for purposes of collecting personal data or impersonating other users; (ii) modify or use our indications of copyright, trademarks, or other proprietary rights, or interfere with the security features of our services; (iii) use our services in any way to manipulate or falsify content, undermine the integrity and accuracy of content, or take actions to disrupt, damage, or interrupt parts of our services; (iv) use our services to send, receive, upload/post, download, or transmit material that does not comply with our content standards; (v) use our services to transmit unwanted or unauthorized advertising or promotional material or enable its transmission; (vi) use our services to transmit or upload data that contains viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware, or other harmful programs or similar computer code that is intended to interfere with the operation of computer software or hardware; (vii) use robots, spiders, other automatic devices, or manual processes to monitor or copy our website or other websites or the content contained in our services, or use network monitoring software to determine the architecture of our services or extract usage data from our services; (viii) engage in behavior that restricts or prevents other users from using our services; or (ix) use our services for commercial purposes or in connection with any commercial activity conducted without our prior written consent. You agree to fully cooperate with us in investigating any activity that is suspected or actually found to violate these terms.

INTELLECTUAL PROPERTY RIGHTS

(1) Our services and related content (including any derived works or improvements thereof), particularly with respect to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, trade dress, interactive features, and all intellectual property rights therein, are either owned by us or licensed to us (collectively, "our intellectual property rights"), and none of the provisions in these terms grant you any rights in connection with our intellectual property rights. Unless expressly stated herein or as required by mandatory law for the use of the services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are expressly reserved.

(2) If the events require or include the use of digital content, such as music or videos, for example, in connection with online webinars, the rights will be granted to you as set forth on the site in relation to such events.

 

DISCLAIMER OF WARRANTY for the use of the site and the services

The services, our intellectual property rights, and any information, materials, and content provided in connection therewith and made freely available to users are provided without warranty of any kind, express or implied (including warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our services, among others), except in cases of willful non-disclosure of defects. We do not warrant that free services will be provided without interruption and error-free or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates.

 

INDEMNIFICATION

You agree to defend and hold us harmless from and against any actual or alleged claims, demands for damages, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or in connection with your use of the website and the services in violation of these terms, including, in particular, any use that violates the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not attributable to your fault.

LIMITATION OF LIABILITY

(1) We shall only be liable in cases of intent, gross negligence, negligent breach of life, body, health, or negligent breach of a material contractual obligation, and only in the case of paid services or offered services. A "material contractual obligation" means an obligation whose fulfillment is a prerequisite for the proper implementation of the agreement and on which you would normally rely and can reasonably rely. Our liability for negligent breach of a material contractual obligation is limited to the amount of typical and foreseeable damages for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly provided a guarantee shall remain unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenses) and non-contractual liability (including liability in tort) as well as liability for pre-contractual dealings (culpa in contrahendo). They also apply to the benefit of our managing directors, executive officers, or other legal representatives, employees, and agents.

 

CHANGE OF TERMS AND SERVICES

We reserve the right to modify these terms from time to time at our sole discretion to reflect changes in laws or the introduction of additional features that we may introduce or when we otherwise develop our business. Therefore, you should read these terms regularly and, in any case, when making a booking. The new terms will apply to any new order placed by you after the effective date of the new terms. If ongoing services used by you are affected by the changes in the terms, we will reasonably consider your legitimate interests. We will inform you about such changes in advance. The changes will be deemed accepted by you if you do not object to these changes within two months after this notification. We will draw your attention to this in our notification. If you object to the changes, we have the special right to terminate the agreement without further obligations towards you, which will take effect as of the date of the changes coming into effect.

 

We may modify the services, cease the provision of the services or one or more features of the offered services, or restrict the services. We may permanently or temporarily terminate or suspend access to the services itself - without giving reasons and without further obligations. We will notify you in a timely manner to the extent possible under the circumstances and reasonably consider your legitimate interests in such measures.

 

LINKS TO THIRD-PARTY WEBSITES

The services may contain links through which you may leave the site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the content of linked sites, links contained on a linked site, or changes or updates to such sites. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not imply that we endorse their owners or their content.

 

APPLICABLE LAW

(1) These terms are subject to the laws of the Federal Republic of Germany (excluding its conflict of laws provisions) and shall be interpreted accordingly.

(2) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to participate in alternative dispute resolution procedures before consumer dispute resolution bodies.

 

MISCELLANEOUS

(1) A waiver by either party of any breach or default under these terms shall not constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these terms are for convenience only and have no legal significance.

(3) Unless expressly provided otherwise: if any part of these terms is deemed unlawful or unenforceable for any reason, it is agreed that such part shall be struck out, and the remaining terms shall remain unaffected and fully effective.

(4) Without our prior written consent, you may not assign your agreement with us under these terms or any of your contractual rights or obligations in whole or in part.

(5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the services and event bookings.

(6) The provisions of these terms that by their nature are intended to survive any termination shall survive, in particular provisions regarding indemnification, limitations of liability, disclaimers, limitations of liability, and this section "Miscellaneous."

 

CONTACT

Please use our contact form.

Cancellation Notice

RIGHT OF WITHDRAWAL

You can revoke your contract within 14 days without stating any reasons. You can (but are not obligated to) use the withdrawal form for this purpose.

 

The withdrawal period expires 14 days after the conclusion of the contract. To comply with the withdrawal period, it is sufficient that you send your notification regarding the exercise of your right of withdrawal before the expiration of the withdrawal period.

 

To exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of an unequivocal statement. You can use the withdrawal form or any other clear statement to fill out and submit electronically on our website as well. If you choose to exercise this option, we will transmit to you, without undue delay, a confirmation of receipt of this withdrawal via a durable medium (e.g., email).

 

If you have purchased a digital product online, such as an online course, an app, an e-book, or a music file, you can cancel your order free of charge within 14 days. This right of withdrawal applies throughout the EU. 

 

The right of withdrawal expires once:

- You have started downloading or streaming the product,

- You have expressly agreed that we may enable the download before the expiration of the fourteen-day withdrawal period, and

- You confirm your knowledge that your right of withdrawal will expire through your consent.

 

In this regard, we will confirm to you on a durable medium, such as email, that you have given your consent and confirmed it. If the above-mentioned conditions are fulfilled, there is no right of withdrawal, and you cannot revoke the digital product.

 

CONSEQUENCES OF WITHDRAWAL

If you withdraw from your contract, we will reimburse you, without undue delay and in any event no later than 14 days from the receipt of the notification of your withdrawal, all payments received from you, including fees. We will make such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement.

 

If the desired start of performance falls within the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided (in relation to the overall scope of the services provided for in the agreement) at the time you informed us of the exercise of the right of withdrawal with respect to this agreement.

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