General Terms and Conditions for participation in the video courses of the ISPO Academy Shop
§1 Subject matter, contractual partner, scope of application
- Messe München GmbH (hereinafter referred to as the "provider") offers the possibility of participating in online events via the website https://webinars.ispo.com (the "website") and a web-based infrastructure. The contents of the respective online events are made available by the provider.
- Techcast GmbH, Schleißheimer Str. 104, 80797 Munich, Germany, represented by the managing director Rosemarie Schuster, registered at the Commercial Register of the Local Court Munich under HRB 178080, VAT ID: DE264151890, hereinafter referred to as Techcast, is commissioned by the provider with the technical provision of the website, the registration and processing (including payment processing) available via the website, and as Techcast takes over invoicing and payment processing in its own name and thus also becomes a party to these terms and conditions.
- These general terms and conditions, which also include the data protection provisions that can be viewed separately on the website https://webinars.ispo.com, apply to the use of https://webinars.ispo.com, the respective online shop, the respective booking pages and to all services provided by Techcast in connection with the offers there. This applies regardless of the respective access option, the domain or subdomain accessed and also in the event that the service is accessed from a country other than Germany or the website or parts thereof are used from other websites.
- The presentation of the offer of goods and services on the website, in the online shop and via the website does not constitute a legally binding offer but is an invitation by the customer to place an order for an online event. The customer submits a binding offer to conclude a contract for the selected online event and/or service to Techcast upon completion of the order process and dispatch of the order. Techcast GmbH declares its acceptance of the customer's offer by sending an order confirmation which also contains the necessary information for the use of the selected online event and/or service of Techcast and, if necessary, of the respective provider.
- The contract for the online event and/or service selected by the customer is concluded between Techcast GmbH and the customer. The performance obligations of Techcast GmbH resulting from the contractual relationship with the customer are limited to the technical provision of the respective online event as well as the handling of the contract. In particular, the obligation to perform with regard to the content of the selected online event shall be borne exclusively by the provider.
§2 Registration, Order
- To view online events, you must have a working Internet connection and an up-to-date browser. Techcast reserves the right to change the technical requirements for using the website and the services.
- During registration, the customer is responsible for the correct entry of the data required for the registration process, the handling of communication and/or the use of the services via Techcast. Changes to this data are to be made immediately by the customer himself online, if possible, or Techcast must be informed in writing.
- After registration, the customer receives a first e-mail with his user data. During the registration process, the customer assigns a secure password of his choice. "Password" are all letters/numbers/special characters which serve the purpose of excluding the use by unauthorized persons. Such a password may not be passed on to third parties and must be kept protected from access by third parties. Furthermore, the customer is obliged to store or transmit passwords in digital media as well as in LAN, WAN and radio networks exclusively in encrypted form.
- Upon completion of registration, a free user relationship with Techcast is established which enables the customer to use the free services offered on the website. For parts of the Services (e.g. paid online events), separate booking procedures may have to be completed. The fees for such fee-based services are specified in each case for the online event.
- The customer has the right to revoke the booking of paid services within fourteen days without giving reasons. The period begins with booking and not before receipt of this instruction in text form and not before fulfillment of our duties to inform according to article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB. To exercise the right of withdrawal, an email must be sent to Techcast at firstname.lastname@example.org with the decision to cancel the order in question. The form provided by Techcast can be used for this purpose. The customer will then immediately receive (e.g. by e-mail) a confirmation of receipt of such a revocation. It is sufficient that the revocation is sent in order to comply with the revocation period. If the respective order is revoked, all payments made by the participant within the scope of the individual, revoked booking shall be repaid immediately and at the latest within fourteen days of the day on which the notification of the revocation of this contract was received. Fees will not be charged for this repayment. The right of revocation expires as soon as an online event has been carried out.
- The revocation form is available for download here.
- You can terminate the contractual relationship at any time by starting the process for terminating the contractual relationship in the account administration.
- Your customer account will then be deleted upon completion of this process.
- In the event of statutory storage obligations, the provider and Techcast GmbH shall be entitled for the duration of such obligations to continue to store data otherwise required for the solution and to use and process such data as necessary to comply with the statutory obligation.
- The content design of the online event (the service) is carried out solely by the provider. Techcast GmbH only provides the services of the platform and the technical infrastructure for communication between the provider and you as the customer. The following liability provisions therefore also apply to claims arising from the violation of contractual or non-contractual claims by Techcast itself within the scope of the services provided by Techcast. However, joint and several liability is excluded.
- In the event of gross negligence or intent, each party shall be liable separately in accordance with the statutory provisions; the following limitations of liability shall not apply in such cases.
- If a party violates an essential contractual obligation due to slight (simple) negligence, the liability is limited to the foreseeable, typically occurring damage. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract or the breach of which endangers the achievement of the purpose of the contract, i.e. obligations the observance of which the contractual partner may regularly rely on (so-called cardinal obligations). In the case of simple negligence, liability is excluded to the extent that neither an essential contractual obligation (cardinal obligation) was breached, nor life or limb was injured, or a case of impossibility or default exists.
- Each contracting party shall be liable to the customer or a third party, whether or not such third party is affiliated with the customer, for any indirect loss or damage arising directly or indirectly from the rights and obligations granted under this contract only in case of intent or gross negligence.
- However, the foregoing limitations of liability under the foregoing paragraphs shall not limit the statutory rights under the Product Liability Act. Liability for damages resulting from injury to life, body or health resulting from a negligent breach of duty by a party or an intentional or negligent breach of duty by a legal representative or vicarious agent of a party shall not be affected by the above limitations of liability. The liability for guarantees is unlimited, as far as the guarantee should protect the customer from the occurred damage.
§6 Data protection
- Techcast undertakes to treat all personal data provided by you to us in accordance with the applicable data protection laws, and in particular not to disclose such data to third parties. However, third parties are - in the relationship between the parties - not the provider and the respective service provider, the respective providers of other services and the third parties Techcast uses to process payments or to perform other contractual or technical services.
- In particular, Techcast undertakes not to collect, store, modify, block or delete personal data protected by the GDPR and the Federal Data Protection Act for any purpose other than the legitimate performance of the respective task, to disclose or make available the data to third parties or to use it in any other way, without authorization. This obligation to maintain data secrecy continues until the deletion of the respective personal data.
- In addition, the data protection regulations at https://www.ispo.com/service/datenschutz apply.
§7 Final provisions
- Amendments and supplements to these agreements and these General Terms and Conditions shall be valid only if made in text form. This also applies to the amendment or cancellation of the text form requirement. Techcast is, however, entitled to unilaterally amend these GTC - insofar as they have been introduced into the contractual relationship with the customer - insofar as this is necessary for the elimination of subsequently arising equivalence disturbances or for adaptation to changed legal or technical framework conditions. Techcast will inform the customer of any changes and inform him of the content of the changed regulations. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship with Techcast in text form within six weeks of receipt of the notification of amendment.
- In the event that one or more provisions of these General Terms and Conditions are invalid, the remaining provisions shall remain in force. The parties agree to replace the legally ineffective provision in the sense and purpose of these General Terms and Conditions by an effective provision which in its economic effect comes as close as legally possible to the ineffective provision.
- This Agreement shall be governed by the laws of the Federal Republic of Germany with the exception of the UN Convention for the International Sale of Goods (CISG) of April 11, 1980, as amended, and international law (in particular German conflict of laws provisions). In addition, mandatory provisions of the law of the country in which you have your habitual residence shall apply if you conclude a contract as a customer which cannot be attributed to your professional or commercial activity (consumer contract).
- If the customer is not a consumer within the meaning of § 13 BGB (German Civil Code), the place of jurisdiction for all disputes arising from this contract including its appendices shall be Munich.