Conditions of Participation

§1 Scope

(1) The following conditions of participation comprise the conditions applying solely between you and us, DIAL GmbH, Bahnhofsallee 18, 58507 Lüdenscheid, Germany, insofar as these are not amended by written agreements concluded between the parties. Deviating or conflicting conditions shall not be recognised by us unless we have expressly agreed to them.

(2) We only conclude contracts with companies in accordance with Section 14 of the German Civil Code (BGB).

(3) Changes to these conditions of participation shall be communicated to you in writing, by fax or by e-mail. If you do not object to such changes within four weeks of receipt of notice, the changes shall be considered to have been accepted by you. In the case of a change to the terms and conditions, you shall be informed separately of the right to object and of the legal consequences of remaining silent.

§2 Conclusion of the contract, contents of the contract

(1) The presentation of our services does not represent any binding offer on our part. Only your booking constitutes a binding offer to us. If we accept this offer, we will send you a confirmation via email.

(2) Our services include participation in the event and, in the case of face-to-face training, may also include work documents, beverages and lunch. When booking an event conducted by electronic means (e-learning, e.g. webinars and web-based training courses), our services are limited to the provision of a virtual learning environment and the teaching content, as described in the respective advertisement, in a learning format of our choosing.

§3 Use of e-learning products

(1) When booking e-learning products (for example, webinars and web-based training courses) or a combination of e-learning and face-to-face training (Blended Learning), each participant will receive personal access (account) to our virtual learning environment.

(2) Following initial registration, the participant must replace their password with a secure password of their choosing. Participants must store the personal access data securely in a location protected against unauthorised access so that it is inaccessible to third parties.

(3) Use of this access and the booked e-learning products is restricted to these participants and to a specific time period. The usage period is 12 months, if no other time period has been stipulated in our offer. This period begins with the provision of the access data by us.

(4) Transmission of the access data to third parties is not permitted.

(5) Moreover, the transmission, dissemination, remarketing, publishing, reproduction, sharing on other Internet portals or websites, the recording of contents, as well as the creation of any content derived therefrom is not permitted. This applies to all contents made available via the virtual learning environment.

(6) We reserve the right to change or discontinue any services or contents at any time, provided the purpose of the contract is not affected or only negligibly affected for the customer.

(7) The fees and costs associated with access and use of the contents (e.g. service, telephone and data costs, etc.) shall be borne by the participant. This also applies to the costs of purchasing or leasing the hardware (telephone, tablet, computer, headset, speakers, microphone etc.) required for using the contents.

(8) Hacking the access data, the contents, as well as uploading and disseminating malware, advertising material, spam messages or chain letters is prohibited and will be prosecuted.

(9) We create the contents of the e-learning products to the best of our knowledge and expertise with due care.

§4 Terms of payment, change to booking

(1) The participation fee plus VAT shall be paid no later than 14 days prior to the start of the event, if no other terms of payment are indicated.

(2) You will receive an invoice for the participation fee four weeks prior to the start of the event.

(3) If you are unable to attend the event and you inform us accordingly in writing at least 7 days prior to the start of the event, you have the one-time option of booking a new date or a different event offered by us within a period of one year. The full participation fee is due in all other cases. A substitute participant can be named free of charge at any time.

§5 Copyright

(1) All copyrights for the seminar contents (media used, seminar documents, e-learning contents, exercises, seminar demonstrations, contents from workshops) remain with DIAL GmbH. DIAL GmbH grants the user a non-exclusive right to use the respective materials for the duration of the contract. The right of use in regards to e-learning products includes the authority to make contents visible on a screen, and, if necessary, to store these on a data carrier and to print them for personal use. Any further use by the user, in particular the duplication of printouts, is not permitted, insofar as their personal use does not require this.

(2) The seminar contents (seminar documents, media, etc.) provided for use, as well as the access (account) to our virtual learning environment are bound to the participant and may not be reproduced. This includes any duplication, dissemination or public reproduction of the database, or a substantial part thereof in terms of type or scope, of the seminar contents. The user is in particular not permitted to use seminar contents, including the contents of e-learning products, for the purpose of creating their own seminars/e-learning products in electronic form or in any other form. The electronic storage or interim storage of parts is considered an impermissible act of reproduction within the framework of contractual use. The legal right to produce a copy as per Section 53 of the German Copyright Act (UrhG) is not covered by the user contract. The relevant statutory powers of the user as per Section 87c of the German Copyright Act (UrhG) remain unaffected.

§6 Limitation of liability

(1) We are liable in the case of malicious intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place, the breach of which jeopardizes the achievement of the contract purpose, and the observance of which you as a customer regularly rely upon. In the latter case, we shall, however, be liable only for the foreseeable damages typical of this type of contract. DIAL GmbH accepts no liability for disruptions to the accessibility of the databases, insofar as these are not attributable to any wilful intent or gross negligence on the part of DIAL GmbH, in particular because the cause of such disruption is beyond the control of DIAL. This comprises, among other things, malfunctions of the telephone lines to the server on which the content is stored, as well as power and server failures, to the extent that the servers are not within the sphere of influence of DIAL GmbH. We are not liable for the negligent breach of any duties other than those described in the preceding sentences.

(2) The above exclusions of liability do not apply in cases involving harm to life, limb or health. Liability under the product liability law (ProdHaftG) shall remain unaffected.

(3) We will immediately notify the registered participants of the postponement or cancellation of an event for reasons beyond our control (e.g. insufficient registrations, illness of the instructor). The participation fee will be refunded. Any further claims are excluded.

(4) As a rule, liability shall be limited in its amount to the purchase price of the booked educational offer. The burden of proof for greater damages lies with the user.

§7 Final provisions

(1) Any changes or additions to these conditions of participation must be made in writing. This also applies for revocation of this written form requirement.

(2) The law of the Federal Republic of Germany applies.

(3) The place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Lüdenscheid.

(4) Should individual provisions of this contract be ineffective or contradict the statutory regulations, this shall have no effect on the other parts of the contract. The ineffective provision shall be replaced, by mutual agreement of the contracting parties, with a legally valid provision which comes as close as possible to the economic meaning and purpose of the ineffective provision. The above regulation applies accordingly in the event of loopholes.