Terms and Conditions

General Terms & Conditions

New Leaders! Academy
Faber-Castell-Straße 9
90522 Oberasbach

for participants

General scope of application

These General Terms and Conditions (GTC) apply to all legal transactions of the New Leaders! Academy, hereinafter referred to as “organiser” or “we”, with its contractual partner, hereinafter referred to as “participant” or “you”, in particular for such legal transactions (including the provision of online tutorials and webinars) that come about via the website new-leaders.tempurl.host. These GTC apply exclusively. Deviating terms and conditions of the participants are not accepted.
These GTC apply regardless of whether you act as a consumer, entrepreneur or merchant. However, some special features apply to consumers, which we may refer to at the appropriate place in these GTC.
A consumer or customer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (Sec. 13 German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity (Sec. 14 German Civil Code (BGB)).
Any individual agreement between us in offers, order confirmations and declarations of acceptance shall take precedence over the provisions of these GTC.

Subject of GTC

With the New Leaders! Academy, we provide a platform for online courses and virtual coachings for the leaders of tomorrow. The online courses and virtual coachings on our platform are developed by experienced experts, consultants, trainers and coaches and placed there for you to access (our “Services“).
Our Services include in particular:

The provision of digital learning programmes, workshops, coaching, exchange forums,
The organisation of networking events,
The provision of digital opportunities for exchange between authors and course participants,
The provision of general information materials for managers.

Our Services are made available in digital form for retrieval via the Internet for the duration booked.
The content of our Services focuses on teaching the most important topics for managers that they need in today’s world. In addition to professional skills, you will also be given impulses for personality development and for the acquisition and training of individual personality traits that you can use profitably in your everyday life as a manager.

Registration for New Leaders Academy

To use our Services, prior registration as a user is required.

In order to use our Services, you must register free of charge as a user or register for our test access. Only natural persons with unlimited legal capacity can register as users.
To register, the registration form provided on our website must be filled in completely and truthfully, stating a member name, and sent to us. Your member name must not infringe the rights of third parties or offend common decency and must not contain any contact information (e.g. e-mail or internet addresses). We are entitled to request written evidence to verify the data provided.
By submitting the registration form, you make a binding offer to us to conclude a user contract for a free basic membership. The membership contract is concluded by our confirmation of the registration and the activation of your user account.
Each user may only register once.

Use of our Services

After successful registration, you can purchase our service portfolio, in particular our online courses and virtual coachings via our booking process.

In order to use our Services, you must meet at least the following technical requirements:

Standard DSL-connection
Current internet browser
Headphones & Microphone
Speaker

You have the possibility to rate the Services offered on our platform. These evaluations may only contain truthful information and only refer to the implementation, the content and the quality of the service. We do not check the ratings. However, we are entitled to delete evaluations that violate the aforementioned provisions.
We have the right to exclude you from using our Services and to delete your member account and all Services booked by you if we have reasonable grounds to believe that you are (have been) in breach of the material obligations of these terms and conditions. We will inform you of the planned exclusion by e-mail and give you the opportunity to comment. In any case, we will take your legitimate interests into account. The right to extraordinary termination remains unaffected.

Conclusion of the contract for the use of our Services

A contract on the use of Services to be purchased on our platform is concluded as follows:

On our platform you will find information about the content, dates and costs of the Services we offer. This information does not constitute an offer to conclude a contract for the use of Services such as online courses or virtual coaching, but merely is a non-binding invitation to purchase these Services.
Only by completing the relevant booking process you make a binding offer to us to conclude a contract for the use of the relevant Services.
Before completing the booking process, we draw your attention to the fact that the booking is subject to a charge and give you the opportunity to take note of these GTCs.
Furthermore, we give you the opportunity to check your entries and correct them if necessary before completing the booking process.
After completion of the booking process, you will receive a confirmation of your booking from us to the e-mail address you provided.
Upon full payment for the Services purchased, you will receive immediate access to the non-live online courses and virtual coaching sessions or the right to participate in live online courses and virtual coaching sessions.

Remuneration & Terms of Payment

You will be informed of the type and amount of payment for the purchased service during the ordering process. All prices include the statutory value added tax. It is due for payment immediately upon receipt of a proper and verifiable invoice, which is usually sent together with the confirmation of receipt.
Payment of the fees for the booked Services must always be made to our bank account. This can be found in the enclosures to the confirmation of receipt. Payment can be made in particular via the following payment options.

VISA, MasterCard and American Express
PayPal
Giropay

We will inform you of the specific modalities of processing the purchase via one of the aforementioned means of payment during the ordering process. We do not charge a separate fee for any of the aforementioned means of payment.

Scope of Services and unused Services

The non-live online courses and virtual coachings purchased by you are available to you, if possible, for the entire duration of your membership on our platform, but at least for a period of 6 months, starting from the day of the purchase. Within this period, you can access and use the corresponding content online. We are then entitled to remove the content.
The live online courses and virtual coaching sessions purchased by you are only available to you during the period in which they are live, unless the course author or coach provides participants with a recording of the live session.
We reserve the right to make changes to the exact programme, the layout and the course of the Services on our platform as well as to the focus of the content. We will only make significant deviations from the Services booked by you with your consent.
Should you not (be able to) make use of the entirety of the contractual Services or individual Services, we are in principle not obliged to reimburse the remuneration paid by you.

Contract duration & Termination

The duration of the contract for the use of our Services is based on the duration of the service you have booked.
As we make our non-live Services available to you for retrieval immediately after completion of the payment process, you have no right of withdrawal, termination or cancellation from the time our Services are activated.
You can terminate your membership of the New Leaders! Academy at any time by independently making the appropriate settings in your member area. With the termination of your membership, our Services are no longer available to you.

Revocation

Insofar as you make use of our Services as a consumer, you can revoke the contract concluded between us via the Services offered on our platform as follows:
Revocation Policy

You may revoke your contractual declaration in text form (e.g. letter, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligations according to § 312 e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation shall be sufficient to comply with the revocation period.

The revocation is to be sent to:

New Leaders! Academy

Faber-Castell-Straße 9

90522 Oberasbach

support@new-leaders.academy

Consequences of Revocation

If you effectively revoke the contract or individual bookings, we will reimburse you all payments we have received from you within the scope of the revoked service/booking without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. In no case will you be charged any fees for this repayment.

Special Notes

The right of revocation expires as soon as the service to which the cancelled booking relates has been performed. This applies in particular to the purchase of non-live online courses and coaching sessions, as these are provided immediately after their purchase and we have thus already fulfilled our obligation to perform.

– end of revocation policy –

Sample Revocation Form

(If you wish to revoke the contract/service/booking, you can complete and return this form to us. However, you are not obliged to comply with this form)

To:

New Leaders! Academy

Faber-Castell-Straße 9

90522 Oberasbach

support@new-leaders.academy

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

Ordered on (*)/received on (*) ______________________________

Name of Consumer ______________________________

Address of Consumer ______________________________

______________________________

Signature of Consumer ______________________________

(only when revoking by letter)

Date ______________________________

__________________________________

(*) Delete as applicable.

____________

Limitations of Liability

Our liability arising from the contract concluded between us, irrespective of the legal grounds, for your damages which do not result from injury to life, body or health, is limited in amount to the damages typically foreseeable at the time of conclusion of the contract, insofar as the damage was caused by us or by a legal representative or a vicarious agent neither intentionally nor through gross negligence.
This limitation of liability shall not apply if the damage is due to a culpable breach of material contractual obligations by us or by a legal representative or vicarious agent. An essential contractual obligation is an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely.

Availability

For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our Services are operated. The availability of our website or individual Services may therefore be limited at times – in particular due to the necessary performance of maintenance or repair work. We will inform you in good time about the performance of planned maintenance work and its scope by means of a notice on our website. Should the system fail unexpectedly, we will inform you of the extent and duration of the failure as soon as possible.

Governing Law & Jurisdiction

The law of the Federal Republic of Germany shall apply. If you act as a company or are a merchant within the meaning of the German Commercial Code (HGB), our registered office shall be the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the respective competent court shall apply.

Online Dispute Resolution

Information on online dispute resolution for consumers: We draw your attention to the possibility of online dispute resolution (so-called “ODR platform”). Consumers can use the ODR platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr.

We are willing to participate in the resolution of disputes via this ODR platform.

Final Provisions

We are entitled to amend these GTC. An amendment shall become effective if we notify you of the amendments in text form (e-mail) and you do not object to the amendment in text form (e-mail to support@new-leaders.academy) within 4 weeks of receipt and we have informed you of this right of objection.
Both parties are entitled to transfer the contract to a company affiliated with them, a legal successor or a German company taking over the respective Services. They shall inform each other of this in text form before the planned transfer.
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

December 2020

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