Terms and Conditions for Online Trainings
Emerging Motif OHG
1. Scope
1.1. These Terms and Conditions shall apply to online bookable Trainings, courses and seminars (hereinafter referred to as “Trainings”) provided by Emerging Motif to anyone who enters into a contract with Emerging Motif by booking a Training via Emerging Motif’s online platform (hereinafter referred to as "Participant").
1.2. These Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Participant shall only become part of the contract if and insofar as Emerging Motif has expressly agreed to their validity. This requirement of consent shall also apply if the Participant refers to their general terms and conditions in the context of the booking and Emerging Motif has not expressly objected to the Participant’s general terms and conditions.
1.3. These General Terms and Conditions apply to all Trainings bookable provided by Emerging Motif, even if Emerging Motif has not expressly referred to them in an offer.
1.4. Unless otherwise agreed, these Terms and Conditions shall apply in the version valid at the time of the Participant’s booking, without Emerging Motif having to refer to them on a case-by-case basis.
1.5. Individual agreements made with the Participant (including ancillary agreements, supplements and amendments) and details in offers and order confirmations by Emerging Motif shall take precedence over these Terms and Conditions. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or written confirmation from Emerging Motif.
1.6. Legally relevant declarations and notifications by the Participant regarding the contract (e.g. notifications of defects, deadlines, cancellation or reduction) must be made in writing, i.e. in written and text form (e.g. letter, email). Further statutory formal requirements and further evidence (if necessary, in case of doubt about the legitimisation of the declaring party) remain unaffected.
1.7. If references are made to the validity of statutory provisions, it should be noted that these are only provided for purposes of clarification. The statutory provisions shall apply - even if no corresponding clarification has been made - to the extent that they are not amended or excluded by these Terms and Conditions.
1.8. Verbal collateral agreements shall only become effective after written confirmation.
2. Offer and conclusion of contract
2.1. Emerging Motif's Training offers are subject to change and non-binding. Emerging Motif shall retain ownership of and copyright to all documents provided to the Participant in connection with the bookings. These documents may not be made accessible to third parties unless Emerging Motif gives the Participant their express written consent. An exception exists only insofar as applicable laws, regulations and professional obligations conflict with this restriction.
2.2. The booking of a Training by the Participant constitutes a binding contractual offer. In the event that nothing to the contrary results from the order, Emerging Motif is authorised to accept the Participant’s order within two weeks of its receipt by Emerging Motif.
2.3. Acceptance of the Participant’s booking by Emerging Motif can be declared either in writing (e.g., by an order confirmation) or by providing the Training service to the Participant.
2.4. Bookings may be cancelled, without providing a reason, in writing to the contact email address provided in the booking confirmation. If the cancellation is received at least 14 days before the date of the Training, the cancellation shall be free of charge. If the cancellation is received less than 14 days but more than 3 days before the date of the Training, 50% of the Training fee shall be refunded. No refund is provided in case of later cancellations. Refunds will be made after the date of the Training.
2.5. If the Participant is a consumer, the Participant has a statutory right of cancellation. This right shall expire earlier than the statutory period if the Participant expressly agrees to the performance period commencing earlier than the end of the statutory period and agrees to waive their right of cancellation.
3. Fees and payment terms
3.1. The fees stated for the respective Training offer at the time of booking shall apply, plus the statutory value added tax, currently 19%, in the case of the provision of services to Participants in Germany.
In the case of the provision of services to Participants outside Germany, the total fees stated on the online booking page shall apply; the reverse-charge procedure for VAT will be applied for invoicing where possible.
3.2. Unless otherwise agreed and stated on the invoice, payments are due at the time of booking.
3.3. In the case of non-payment, Emerging Motif may, at its sole discretion, block the Participant from participating in the Training and from accessing training materials.
4. Services
4.1. The date, timing and scope of each Training is defined by the text of the Training offer or in individual cases by contract.
4.2. The booking of a Training entitles only the person specified in the booking to participate personally in the Training. Sharing the access to the training, joining with multiple persons from one device or otherwise making the training available to others is not permitted.
4.3. The Participant is not authorised to transfer rights or obligations arising from contracts with Emerging Motif to third parties without Emerging Motif's prior written consent.
4.4. Emerging Motif reserves the right to postpone or cancel a booked Training for reasons for which Emerging Motif is not responsible, such as illness or unavailability of the presenter or an insufficient number of participants.
4.5. In the event that Emerging Motif is unable to provide the contractually agreed Training for reasons for which Emerging Motif is not responsible, Emerging Motif shall inform the Participant, using the email address provided during the booking process, of this circumstance without delay and at the same time notify the Participant of an alternative later Training date.
4.6. If the Training cannot take place at a later date due to non-availability of Emerging Motif or the Participant, Emerging Motif and the Participant shall be entitled to withdraw from the contract; Emerging Motif shall immediately refund fees already paid by the Participant.
4.7. If the cancellation of a training occurs due to exceptional circumstances (in particular due to force majeure or due to official orders), Emerging Motif is not obliged to refund fees already paid by the Participant.
4.8. Subject to the provisions in section 5 of these terms and conditions, Emerging Motif shall not be liable for expenditure or other disadvantages affecting the Participant as a consequence of the cancellation of a Training.
4.9. Emerging Motif owes the Participant the provision of the agreed services, but not a certain economic success.
5. Liability
5.1. Unless otherwise stated in these General Terms and Conditions, including the following provisions, Emerging Motif shall be liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions.
5.2. Within the scope of fault-based liability, Emerging Motif shall be liable for damages, irrespective of the legal grounds, only in the event of wilful intent and gross negligence. In the event of simple negligence, Emerging Motif shall only be liable, subject to statutory limitations of liability (e.g., care in own affairs; insignificant breach of duty), for damages resulting from injury to life, body or health, and for damages resulting from the breach of an essential contractual obligation (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner relies and may also rely). In this case, however, Emerging Motif's liability shall be limited to compensation for foreseeable, typically occurring damage.
5.3. The Participant agrees that Emerging Motif's services may include recommendations, but that Emerging Motif is not responsible or liable for their implementation or for decisions based on these recommendations.
6. Rights of use, protection of intellectual property
6.1. All documents provided by Emerging Motif (including offers) are the intellectual property of Emerging Motif.
6.2. The Participant may use the documents provided during and after the Training for their own private and personal business purposes.
6.3. The Participant is not entitled to modify or amend Emerging Motif's documents, in particular, the Participant may not modify or amend analyses, statements and expert opinions.
6.4. Without the prior written consent of Emerging Motif, the Participant is not permitted to pass on documents of Emerging Motif in whole or in part to other persons or to reproduce them publicly. An exception exists only insofar as applicable laws, regulations and professional obligations conflict with this restriction.
6.5. Any use of the Emerging Motif logo and trademark by the Participant requires the prior written consent of Emerging Motif, even if Emerging Motif issued a certificate of attendance for a Training containing its logo and trademark.
7. Choice of law and place of jurisdiction
7.1. The law of the Federal Republic of Germany applies to these Terms and Conditions and the contractual relationship between Emerging Motif and the Participant, to the exclusion of conflict-of-law provisions and to the exclusion of the UN CISG.
7.2. If the Participant is a merchant within the meaning of the German Civil Code, a legal entity under public law or a special fund under public law, the place of Emerging Motif's registered office, Düsseldorf, Germany, shall be the exclusive and also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the Participant is an entrepreneur within the meaning of § 14 of the German Civil Code.
7.3. If the Participant is not a merchant according to the preceding clause, the place of Emerging Motif’s registered office, Düsseldorf, Germany, shall be the exclusive and also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship if the Participant moves its headquarters, domicile or usual residence outside the scope of German law or if the Participant’s headquarters, domicile or usual residence was unknown or incorrectly declared at the time of booking.
8. Data protection
8.1. Emerging Motif's privacy policy can be viewed at: https://emergingmotif.com/en/privacypolicy
9. Digital signatures, electronically transmitted signatures and electronic invoicing
9.1. The Participant agrees to Emerging Motif sending invoices in electronic form (PDF).
9.2. Emerging Motif and the Participant agree that digital signatures as well as electronically transmitted signatures in Portable Document Format (PDF) files are binding as if they were original signatures.
10. Final provisions
10.1. These General Terms and Conditions replace any previous version.
10.2. All amendments and additions to these General Terms and Conditions must be made in writing. This also applies to the amendment or cancellation of this clause.