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A. General Terms and Conditions for the Training Courses

1. Scope of Application – Contracting Partners – Definitions
These general terms and conditions (GTC) shall apply to the further-education offers – hereinafter the “Seminar” and/or “Training Course” – of Martin Mantz Compliance Solutions – hereinafter also the “Organiser”.
The participant accepts these general terms and conditions by registering for a Training Course.
Any deviating, conflicting, or supplementary general terms and conditions of the participant shall not apply except if we have explicitly agreed to their application.

2. Registration – Conclusion of Contract
The dates of the Training Courses shall be displayed in the seminar overview on Organiser’s website (www.martin-mantz.de). The participant may register for the desired Seminars directly using the registration forms stored there.
Registrations shall be considered in the order in which they are received. There shall be no general right to participate. Organiser reserves the right of admitting participants from case to case.
Organiser shall accept participants by written booking confirmation within 14 calendar days. The contract shall enter into effect at that moment (conclusion of the contract).

3. Costs
If the Seminar is not free of charge, the seminar fees shall be indicated in euros. The amount of value-added tax due shall be indicated separately. Costs for teaching materials shall be included in the seminar price, except if explicitly agreed otherwise.

4. Terms of Payment – Set-Off/Retention
Seminar fees shall be due within seven days of receipt of the invoice; they must be paid with indication of the invoice number. Invoicing shall take place within 3 days after sending the written booking confirmation.

The statutory provisions shall apply in case of default of payment. Organiser shall have the right to demand interest on arrears if the payment deadline is exceeded.

5. Cancellation of Registrations – Transfer of Participation
Cancellation of registrations shall require text form. Cancellations shall be free of charge at any time up to four weeks (receipt by Organiser) before the start of the event. The participant should address their cancellation to

Martin Mantz Compliance Solutions
Grundtalring 37
D-63868 Großwallstadt
Phone +49 6022 2656-0
Email: marketing@martin-mantz.de

Cancellations received by Organiser no later than four weeks (receipt by Organiser) before commencement of the event can be considered. If the cancellation is not declared in time and/or in the due form or if the participant does not show up, the full Seminar fee per event and person shall be charged.
The participant shall have the right to prove that Organiser has suffered no or a lesser damage.

If a participant is prevented from attending, they may nominate a substitute for the entire event, provided that the Training Course has not yet started and the substitute meets the admission requirements. The substitute shall then receive a new confirmation. Any applicable right of withdrawal shall take priority over the naming of a substitute.

6. Withdrawal Policy
Consumers have the following right of withdrawal

(Explanation: A consumer is any individual who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 of the German Civil Code (Bürgerliches Gesetzbuch; BGB))

Right of Withdrawal
You have the right to revoke this contract within fourteen days, without giving reasons.
The revocation period shall be fourteen days from the day of conclusion of the contract.
To exercise your revocation right, you must inform us

Martin Mantz Compliance Solutions
Grundtalring 37
D-63868 Grosswallstadt
Phone +49 6022 20827-0
Email: info@martin-mantz.de

about your decision to revoke this contract by clear declaration (e.g. a letter sent by mail, telefax or email). To comply with the revocation period, it shall be sufficient if you dispatch the notification of your exercise of the revocation right before the expiration of the revocation period.

Consequences of Withdrawal
Following effective withdrawal, Organiser shall refund any payment already received from the participant for the booked Seminar to the participant. Reimbursement shall generally take place without undue delay, but no later than 14 days after the date of receipt of the effective notice of withdrawal. Organiser shall use the same means of payment that the participant chose for the payment for the reimbursement, except if agreed differently between the parties. Organiser shall not charge any fee for the refund.

If the service has already commenced during the revocation period, the amount of the refund shall be reduced by a corresponding prorated amount.

Special notice: The right of withdrawal shall expire prematurely when the full service has been provided.

7. Cancellation of Events
Organiser reserves the right to cancel or postpone any announced or commenced Training Courses due to a lack of participants or cancellation/illness of the lecturer, or for other important reasons for which Organiser is not at fault, such as force majeure.
Participants shall be informed of the cancellation or postponement of the event without undue delay. Any participation fees already paid shall be refunded immediately in case of cancellation.
Organiser reserves the right to change the Training Course into a small group coaching or individual coaching if the minimum number of participants is not reached.

8. Reservations of Changes
Organiser reserves the right to change speakers and/or to reschedule or change the course of the programme, provided that this does not fundamentally change the target of the event.
There shall be no entitlement to performance of an event by a specific speaker. Organiser shall have the right to replace the scheduled speakers with other persons who are equally qualified concerning the announced subject. If there is any doubt, Organiser shall provide proof of such qualification.

Organiser shall have the right to adapt the content of the Training Course to the latest scientific findings. This also permits methodological changes to the event, provided that these do not significantly change the overall character of the announced event.

Content-related changes that alter the course target shall be permitted if they are made with the consent or at the request of the bodies responsible for the recognition of the qualifications sought.

The order and amount of content may vary, depending on group size and dynamics. This is to ensure the greatest possible implementation of the contents in practice.

Organiser reserves the right to change the seminar venue. In particular, it reserves the right to hold the Seminar online. Registered participants shall be informed of any necessary changes without undue delay.

9. Participant’s Obligations
The participant commits to complying with the house rules in force at the seminar venue.
The participant shall be obligated to follow the instructions of the lecturers as well as the representatives of Organiser and its vicarious agents.
The participant shall be obligated to refrain from any actions that may conflict with proper implementation of the Training Course.

10. Copyright
The documents handed out to the participant and other media provided for the purpose of a course are protected by copyright. Reproduction, passing on, making available to the public, or any other use of the provided documents/media – even in part – shall only be permitted with Organiser’s explicit written consent.
Digital recording of events conducted online by the participant shall be prohibited.

11. Serverability
If any of these provisions are or become invalid at a later time, this shall not affect the validity of these provisions as a whole.

12. Applicable Law and Place of Jurisdiction
The contractual relationship between Organiser and the participant shall be governed by the laws of the Federal Republic of Germany.
If the participant is a registered trader or an entity under public law or if the participant does not have a permanent place of residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with the Seminar event shall be Aschaffenburg. This choice of law shall not include the mandatory consumer protection provisions of the country in which the participant has their habitual residence.

B. General Terms and Conditions for GEORG E-Learning Courses and the GEORG Expert Community

1. Scope of Application
These terms and conditions apply to all digital products offered, hereinafter referred to as “E-Learning Course” and/or “Product”, by

Martin Mantz GmbH
Grundtalring 37
D-63868 Großwallstadt
Phone +49 6022 2656-0
Email: info@martin-mantz.de

hereinafter also referred to as “Provider” and the customer/user.
Any offers on the internet shall be non-binding and do not constitute any legally binding offer to conclude a contract.

2. E-Learning Course Fees, Booking, Payment Terms
The fees for the digital E-Learning Course shall be stated in euros. The amount of value-added tax due shall be indicated separately.

The E-Learning Courses offered are evident directly when booking via Provider’s website (www.martin-mantz.de) under the heading “Academy”. The desired Product can be selected and booked right away there.

If the customer has decided to purchase the Product, they can choose to buy it as an individual or as a company. For this purpose, they must enter their first and last name, address, and email address. If the customer buys as a company, they also need to indicate the company name and VAT ID.

The customer commits to providing the relevant information completely and truthfully, and to in particular not using any pseudonyms or aliases.

Following receipt of the binding booking, the customer shall automatically receive an order or booking confirmation by email and the access data to the E-Learning Course (consisting of the customer’s email address and a password that assigned automatically). The usage contract for use of the GEORG E-Learning Courses as well as the GEORG Expert Community (see item 4 for explanations) shall be entered into between the customer and Provider at that moment. The invoice shall be sent out within 3 days after sending the booking confirmation.

The invoiced amount shall be paid without deduction within seven days, under indication of the invoice number. Full access to the respective purchased products shall be conditional upon prior receipt of payment.

Until Provider has received the payment, the customer shall only receive access to the first module. Following receipt of payment, but no earlier than 14 days after receipt of the order, the customer shall have the right to full performance, i.e. the e-learning contents shall be activated either gradually at 14-day intervals or at once.

3. Contract Term and Termination
The respective term of the contract shall depend on the booked Product/course. The contract shall generally end automatically by completion. This means that the customer has paid for the E-Learning Course in full and Provider has provided the corresponding service in return, i.e. all e-learning content has been activated. Access to the Product/course shall continue for at least 12 months.

Each party’s right of termination for cause shall not be affected. A right to termination for cause on the part of Provider shall in particular apply if the customer has defaulted on payments more than twice, if the customer intentionally violates provisions of these general terms and conditions, and/or if they intentionally or negligently commit any prohibited acts or have permanently disturbed our relationship of trust.

4. Scope of Services and Object of the Contract
The scope of services shall depend on the purchased Product or E-Learning Course.

GEORG Expert Community
The customer shall automatically receive access to the GEORG Expert Community of Provider when purchasing any Product. It contains live group calls offered at different times.
The customer may participate in any live group call. The dates for these shall be announced on the community page early on to permit advance reservation of the time.

Live calls will be recorded on a regular basis. In this case, the recordings of the respective live call shall be available to the e-learning participants afterwards.

If a live group call cannot take place for technical or organisational reasons (e.g. cancellation/illness of the lecturer), Provider shall try to find alternative dates for it.

E-Learning
If the customer cancels a booked E-Learning Course, they shall not be due a refund of the payments made.

The object of the contract shall be paid use of the functions of the GEORG E-Learning Courses as well as use of the free access to the GEORG Expert Community as an e-learning and online course platform and enabling of access to the content posted there in the basic area.

The customer shall be granted a simple, non-transferable read and play license concerning the content for the term of the usage agreement. Any other form of use, in particular downloading of any e-learning videos and reproduction, etc., shall require Provider’s written consent.

The customer shall receive an access through which they can use contributions and subjects of the GEORG E-Learning Courses as well as the Expert Community. Additional content beyond the basic services can be purchased subject to separate fees.

Provider shall make every effort to offer the service so that it can be called up with as few disruptions as possible.

However, downtimes cannot be ruled out, in particular if the webserver cannot be accessed due to technical or other issues that are outside of Provider’s control.

Provider reserves the right to exchange, restrict, or supplement the content of the GEORG E-Learning Courses and the Expert Community, provided that compliance with the purpose of the Agreement is not or only insignificantly impaired by this. We also reserve the right to make structural and graphical adjustments or changes at any time.

5. Terms of Use
5.1 User´s Obligations

The customers shall be obligated to pay the agreed course fees in time, stating the invoice number.
The user’s access must only be used by the user directly; it must neither be made available to any third parties nor passed on to anyone. The customer as the access owner shall also be responsible for protection of the access data and prevention of misuse by third parties, as far as this is within their sphere of influence.

The customer commits to treating other users of the GEORG E-Learning Courses and the Expert Community in an objective and polite manner.
In particular, it is prohibited to

  • publish any offensive or untrue content;
  • send spam to other users via the system;
  • use content protected by law, in particular by copyright and trademark law, without authorisation;
  • engage in anti-competitive activities;
  • advertise in the forum without Provider’s explicit written permission.

The user is aware that all comments will be accessible to other users of the GEORG E-Learning Courses and the Expert Community. If the usage agreement ends and/or the access is deleted, the user’s public statements, in particular their text contributions, will stay visible. However, the username will be anonymised.

Provider shall have the right to exclude a user from the E-Learning Course if they act in breach of contract by violating these general terms and conditions.

This shall in particular be the case if the user disrupts the course by, e.g., making any negative comments and/or live contributions in the GEORG Expert Community and does not refrain from doing so even after being asked to. Costs shall not be reimbursed.

5.2 Granting of Rights of Use

The copyright for the posted contributions, sound and picture works shall remain with the respective user. However, the user grants Provider the right to make the contribution permanently available for retrieval on its website and to make it publicly accessible by posting their contribution (including audio and visual works) in the GEORG E-Learning Courses and the community.

Provider shall have the right to move contributions within the website and to combine them with other content. Provider shall have the right to delete contributions that violate the terms of use.

The user shall not have any claim against Provider to deletion or correction of the contributions created by them during their access to the Product/course.

The above rights of use of Provider shall continue to apply even in the event of termination of the usage agreement.

5.3 Modification of the Terms of Use

Provider shall have the right to change the terms of use. The changes shall be communicated to the user by email in advance. The user shall have the right to object to the changes within one month of notification. In case of objection, the existing terms of use shall continue to apply.

6. Withdrawal Notice
Consumers have the following right of withdrawal

(Explanation: A consumer is any individual who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§ 13 of the German Civil Code (Bürgerliches Gesetzbuch; BGB))

Right of Withdrawal
The consumer has the right to withdraw from this contract within fourteen days from the day of conclusion of the contract, free of charge and without giving any reasons.
The customer must notify Provider about their decision to withdraw from this contract at:

Martin Mantz Compliance Solutions
Grundtalring 37
D-63868 Großwallstadt
Phone +49 6022 2656-0
Email: info@martin-mantz.de

by way of an informal, but clear statement (e.g. a letter sent my mail, telefax, or email) in order to exercise their right of withdrawal. To comply with the withdrawal period, it shall be sufficient to dispatch the notification on exercise of the withdrawal rights before the withdrawal deadline.

Consequences of Withdrawal
Following effective withdrawal, Provider shall refund any payment already received from the Customer for the booked E-Learning Course to the customer. Reimbursement shall generally take place without undue delay, but no later than 14 days from the date of receipt of the notice of withdrawal. Provider shall use the same means of payment that the customer chose for the payment for the reimbursement, except if agreed differently between the parties. Provider shall not charge any fee for the refund.

7. Liability
Provider assumes no liability for the content provided, in particular for its accuracy, completeness and the content being up to date. Except in cases of violation of life, limb, and health and breach of essential contractual obligations (cardinal obligations), Provider shall only be liable for damage that can be attributed to intentional or grossly negligent conduct. This shall also apply to indirect consequential damage such as, in particular, loss of profit.

Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body, and health and breach of essential contractual obligations (cardinal obligations), liability towards consumers shall be limited to the damage typically foreseeable at the time of conclusion of the contract, and in all other respects to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damage such as, in particular, loss of profit.

Liability towards entrepreneurs shall be limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damage typical for the contract, except in the cases of injury to life, limb, and health or wilful or grossly negligent conduct on the part of the operator. This shall also apply to indirect damage such as, in particular, loss of profit.

The limitation of liability shall also apply mutatis mutandis in favour of the employees and vicarious agents of Provider.

8. Course Progress
All digital E-Learning Courses shall correspond to the scope and content communicated in the offer, subject to necessary changes, provided that they do not significantly alter the overall character of the course.

9. Sound and Film Recordings
Production of sound, image, video, and film recordings by the customers or any third parties during the course is not permitted. This shall not apply to recordings made by Provider for training or documentation purposes, e.g. in the live calls of the GEORG Expert Community.

By their participation, the customer consents to Provider’s image and sound recordings and to use and publication of such recordings for the purpose of public coverage of the event and on our website, including on social media.

For any recordings where the focus is on individual persons, the customer shall have the right and the possibility to inform the photographer or videographer that they do not wish to be recorded at any time.

10. Miscellaneous
Participation in the E-Learning Courses shall be based on cooperation. Participation shall require a willingness to learn under the participant’s own responsibility. Provider cannot promise any particular success for these processes. Provider merely is a process facilitator, providing assistance, samples, and instructions. Implementation and decisions shall be the customer’s sole responsibility.

11. Serverability
If any of these provisions are or become invalid at a later time, this shall not affect the validity of these provisions as a whole.

12. Applicable Law and Place of Jurisdiction
The contractual relationship between Provider and the customer shall be governed by the laws of the Federal Republic of Germany.

If the customer is a registered trader or an entity under public law or if the customer does not have a permanent place of residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with the E-Learning Course shall be Aschaffenburg. This choice of law shall not include the mandatory consumer protection provisions of the country in which the customer has their habitual residence.

 

As of: 07/10/2021