Terms and Conditions of Event Participations
Data protection
1. Scope of application, exclusive validity, amendments to the terms and conditions
1.1 EPM ProgressMaker GmbH, Kampstr. 4, 20357 Hamburg, email: info@progressmaker.io, phone: +49 (0)40 401 3789-0 (hereinafter referred to as “EPM”) offers events for companies. These may be face-to-face events or online streams.
1.2 EPM Events services are aimed exclusively at companies. A company as defined in section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacity that acts in a commercial or independent professional capacity when concluding the contract. EPM does not provide services to consumers as defined in section 13 BGB.
1.3 These Event Terms and Conditions (ETB) are an integral part of the contract and apply to all business relationships, including future ones, between EPM and its customers. You accept the ETB in full in the version applicable at the time of the conclusion of the contract. We hereby object to any provisions that differ from these conditions, in particular to any general terms and conditions of business you may have.
1.4 If EPM updates these ETB, it will inform its customers of the new version without delay. The new ETB become part of the contract if the customer has agreed to them or does not object to the ETB within two weeks of notification of the update.
2. Offer and conclusion of contract
2.1 All our offers are subject to change and are non-binding. A contract is concluded by offer and acceptance. The announcement of events on our website ProgressMaker.io and in our advertising materials does not yet constitute an offer in the legal sense. Contracts are concluded with us as follows:
a.) To register for an event, select the desired event on our website ProgressMaker.io. On the subpage of the corresponding event, registration is done via an online form that you fill out and submit electronically. By clicking the button “SEND REGISTRATION & PARTICIPATE”, you are submitting a binding request to enter into an event contract. However, the request can only be submitted and transmitted if you accept these contractual conditions by clicking the checkbox “GENERAL TERMS AND CONDITIONS OF BUSINESS” and thereby include them in your request.
b.) To register for an event, you can also use the paper forms that we provide, for example, in our advertising materials. To register, simply fill out and sign such a form and send it to us by letter, fax or e-mail attachment. By submitting a registration, you are making a binding request to conclude an event contract.
2.2 Upon your registration, we will send you a registration confirmation by email (or by fax or post if necessary). This registration confirmation constitutes the acceptance of your offer. If you do not receive the order confirmation within 7 days of your registration, please contact us immediately.
2.3For events with a limited number of places, consideration for participation will be based on the order in which registrations are received.
2.4A concluded event contract is binding and cannot be terminated or canceled by you unilaterally. Your declaration that you no longer wish to or are no longer able to participate in an event does not release you from your contractual obligation to pay the participation fee. Any participation fee already paid will not be refunded. However, you have the right to name a substitute participant.
3. General principles of service provision for events
3.1 The details of the services to be provided (content, location, time, etc.) are listed in the event description and/or in the registration confirmation. Please note in particular that our events take place at different locations. The respective event locations are indicated in the event description and/or in the registration confirmation.
3.2 Booking an event package entitles you to attend each individual event and/or workshop included in the package once within 12 months of the contract being concluded. Individual events and/or workshops not attended within 12 months will be forfeited and, in particular, cannot be attended free of charge at a later date.
3.3 During an event, you may receive training documents from us. These are exclusively materials that serve your self-study and the deepening of the content conveyed. You are expressly prohibited from duplicating, distributing, publicly disclosing, editing and/or using these documents or parts thereof in the context of your own events. This also applies to videos that you access via our website during online courses.
3.4 Please note that we create video recordings of individual events in which you may be seen as a participant. By participating in such an event, you agree that we may also make video recordings of you and that we may make these publicly available free of charge and without any restrictions in terms of time, location or content on the internet, in particular on the website ProgressMaker.io and on video platforms (e.g. YouTube), publicly present and/or reproduce, distribute and exploit them on image and sound carriers (e.g. DVD).
4. Prices, Discounts, Set-Off and Right of Retention
4.1 All prices are stated in euros, excluding any discounts and plus the respective statutory value added tax. The participation fees stated on our website at the time of registration shall apply.
4.2 Insofar as we grant discounts in the context of advertising campaigns or exclusive offers (hereinafter referred to as “discount campaign”), these shall apply exclusively to the event specified therein. In a discount promotion, we usually specify a validity period and/or a discount code. The granting of a discount is dependent on you registering for the event by the corresponding date and/or by providing the discount code.
4.3You may only offset against our claims if your counterclaim is undisputed or a legally binding title exists. Furthermore, you are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
5. Payment, payment methods, due date and installment payments
5.1 You can pay the participation fees by invoice or by PayPal when registering via our website (see section 2.1 a.); when registering using our paper registration forms (see section 2.1 b.) by invoice.
5.2 The payment options we offer in detail:
- a.) Invoice: If you register for an event using our paper registration form or select the “INVOICE” payment method when booking on our website before completing the registration, we will send you a corresponding invoice by post, fax or as an e-mail attachment. Payment must then be made by bank transfer to the bank account specified on the invoice. When making a transfer, please state your full name or company name and the invoice number.
- b.) PayPal: Before completing your registration on our website, select “PayPal” – a service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg – as your payment method. Please follow the further instructions on our website and from “PayPal”. Before completing your registration, you will be asked by “PayPal” in a separate window to make the payment.
5.2 Payment by invoice must be made at the latest within 14 days of receipt of the invoice or up to three days before the start of the event (whichever date occurs earlier). The date on which the payment is received in the account specified on the invoice is the determining factor for whether the payment has been made on time. Payment via PayPal is due upon conclusion of the contract.
5.3 If the participation fee is not paid on time, EPM is entitled to withdraw from the contract in order to be able to allocate the places for the event to other parties. Any payments already made by you will be refunded less a processing fee of €10. You are entitled to prove that the relevant costs were not incurred or were lower than claimed. We reserve the right to claim further compensation (cancellation, chargeback fees, etc.).
6. Cancellation and postponement of events
6.1 EPM is obliged to inform registered participants of the cancellation or postponement of an event in writing, by email or fax without delay.
6.2 EPM is entitled to cancel an event in the event of illness or force majeure (exceptional circumstances within the control of EPM). EPM also reserves the right to cancel an event if the required minimum number of participants is not reached. We will fully refund any attendance fees already paid if an event is canceled.
6.3 If the date of the event is changed, you are entitled to withdraw from the contract by letter, fax or email within seven days of being informed of the new date (see section 6.1). The date on which we receive your declaration of withdrawal is the deciding factor in determining whether you have met the deadline. Any payments already made will be refunded if you withdraw from the contract within the deadline.
7. Liability
7.1 EPM shall only accept liability – for whatever legal reason – if the damage
- a.) has been caused by a culpable breach of a material contractual obligation or material secondary obligations in a manner that jeopardizes the achievement of the purpose of the contract, or
- b.) has been caused by gross negligence or intent on the part of EPM
7.2 If EPM is liable for the breach of a material contractual obligation in accordance with section 7.1 a.) without there being any gross negligence or intent, liability shall be limited to the extent of the damage that EPM would typically have had to expect when the contract was concluded based on the circumstances known to it at that time. This applies equally to losses caused by gross negligence or intent on the part of employees or agents of EPM. Liability for consequential losses, in particular for loss of earnings or compensation for third-party losses, is excluded, unless EPM has acted with intent or gross negligence.
7.3 Claims for compensation under the Product Liability Act and for losses arising from death, physical injury or illness remain unaffected by the above limitations of liability.
7.4 The above limitations of liability also apply in favour of any legal representatives and agents of EPM.
7.5 EPM’s maximum liability is for a period of one year from the date of discovery of the breach of duty.
8. Reference advertising
The customer consents to EPM using his/her name and logo free of charge, without any restrictions in terms of time and place, on the ProgressMaker.io website and in its advertising material (flyers, brochures, etc.) in order to provide information about and advertise the service provision and/or cooperation.
9. Data Protection
9.1 When handling your personal data, we comply with all provisions of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). We are entitled to collect, process and use all data relating to our business relationship with you in accordance with these laws.
9.2 Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in the following:
- Processing of data (customer and contract data): We collect, process and use personal data only to the extent that it is required for the establishment, content-related design or amendment of the legal relationship.
- Information, deletion, blocking: You have the right to request information about your stored personal data, its origin and recipients, and the purpose of the data processing as well as a right to correct, block or delete this data at any time and free of charge.
- Objection to advertising e-mails: We hereby object to the use of contact data published in accordance with the imprint obligation to send unsolicited advertising and information material.
10. Information on alternative dispute resolution
As our services are aimed exclusively at companies, the statutory regulations for out-of-court alternative dispute resolution for consumer disputes do not apply.
11. Choice of law, place of jurisdiction
As far as legally permissible, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance and place of jurisdiction is the registered office of EPM.
