Terms & Conditions, Terms and Conditions of Use
1. Scope of Application The following Terms and Conditions of Use (hereinafter referred to as "Terms") shall govern the use of the website www.henrimeijer.com
and any other services, including transactions and acts of similar nature, that may be provided through henrimeijer.com by Henri Meijer Consultancy, Boyenstrasse 40, 10115, Berlin, Germany (hereinafter referred to as "Henri Meijer Consultancy " or "we"). Terms of the user do not apply and are rejected, regardless of whether or not we expressly object to them in a particular case.
2. Description of performance Henri Meijer Consultancy makes available to the users the www.henrimeijer.com
online platform (hereinafter referred to as "henrimeijer.com" or the "Platform") for the purpose of enabling the users of henrimeijer.com (hereinafter referred to as "Users") to register for newsletters (hereinafter referred to as "Service") provided by Henri Meijer Consultancy (Users and Henri Meijer Consultancy together hereinafter referred to as "Contracting Parties" or "Parties").
3. Registration for a newsletter
3.1 henrimeijer.com can generally be used without registering. Users only have to register to use the Service (e.g. to receive newsletters).
3.2 In registering for the newsletter, the Users and Henri Meijer Consultancy conclude a contract regarding the use of the Service provided on henrimeijer.com. Registration for newsletter is free of charge unless explicitly stated otherwise (see section 4 in addition in such cases). Minors and individuals who have no or only limited legal capacity may not register.
3.3. In registering, the User is obligated to provide truthful and complete information. If any changes occur regarding the information collected after the registration the User shall update the data without undue delay or – if possible – inform Henri Meijer Consultancy about the change. By sending the completed registration form the User submits an offer to conclude a contract regarding the use of the Service, he/she agrees to these Terms and affirms not to be excluded from the use of the Service according to Section
3.2 of these Terms.
3.4 Henri Meijer Consultancy may reject the offer without stating reasons.
3.5 A contract shall not come into effect until a confirmatory email of the registration has been received by the User. This email will contain a confirmation letter with a welcome note. In receiving this confirmatory email the contract regarding the use of Service has been concluded between the User and Henri Meijer Consultancy.
3.6 During the registration for the newsletter, the user leaves his/her name and email address (hereinafter referred to as "access data"). User names are not permitted if their use constitutes an infringement of third-party rights; in particular the right to use a name or trademark, or which otherwise breaks the law or is considered contrary to public policy. The User is obligated to keep his access data secret and prevent unauthorized use by third parties. If the User loses the access data, or if he/she finds out or suspects that his access data may be used by a third person, he/she shall immediately inform Henri Meijer Consultancy thereof.
3.7 Henri Meijer Consultancy reserves the right to immediately block the user who sign-up to the newsletter, in particular, if the user-provided incorrect data during the registration process, has infringed his obligation to handle the access data carefully, or breached these Terms. In the case that a user account is blocked the user concerned is not allowed to register again without the express prior approval of Henri Meijer Consultancy.
4. Online Courses with attendance fee, Pricing If the user wants to attend an online course that requires an attendance fee, the User can inform himself about the fee involved with the online course on henrimeijer.com and the User can make an offer to attend such online course by registering in accordance with section 3 of these Terms, and by additionally providing his payment information. In this case, henrimeijer.com is transmitting the user data provided by the User to a ticketing service provider and/or a payment service provider enabling the payment of the online course. Henri Meijer Consultancy will send the User a confirmatory email that the User has bought a ticket for the online course and that he/she is entitled to attend the online course and that the User has paid the attendance fee. Together with such email or by separate email Henri Meijer Consultancy will send the User access to the online course.
5. Liability of Henri Meijer Consultancy
5.1 Henri Meijer Consultancy is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
5.2 In cases of slight negligence, Henri Meijer Consultancy is only liable if it has infringed a fundamental duty and if the purpose of the contract is threatened thereby or if it has infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases, Henri Meijer Consultancy is only liable for predictable damages that are typical for the contract.
5.3 The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects. Henri Meijer Consultancy bears no liability for significant restriction to the Service. Furthermore, Henri Meijer Consultancy bears no liability for service breakdowns that it is not responsible for e.g. as a result of force majeure or technical internet failures.
5.4 If the liability of Henri Meijer Consultancy is excluded or restricted, this also applies to the personal liability of his officers, employees, representatives, and agents.
6. Exemption of Liability
6.1 The User relieves Henri Meijer Consultancy of all claims that third parties enforce against Henri Meijer Consultancy if the User is responsible for the reason for the claim. In such a case the User also bears the necessary legal costs for the defense including lawyer´s fees and court fees.
6.2 In cases of the aforementioned enforcement of claims by third parties, the User will provide Henri Meijer Consultancy with all information that is needed for the examination of the claim and for the defense against it. The User will provide the information immediately, truthfully and completely.
7. Availability of the platform The User is aware and acknowledges that an availability of 100 % of henrimeijer.com, of the Platform and of the Service is not possible and is not guaranteed by Henri Meijer Consultancy. But we make every effort that the availability of the Platform is as high as possible. However, in particular maintenance works could lead to errors or may lead to temporary unavailability of the Platform and/or the Service.
8. Set-off and Retention The User shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by Henri Meijer Consultancy or has been determined by a final and binding court decision.
9. Content from Users, Pictures, and Quotes of Users The User may provide his own content (the "Content"). By attending an online course or event provided as Service by Henri Meijer Consultancy, the User already herewith agrees that Henri Meijer Consultancy is entitled to make photos of the User, record the User and to quote him/her (the "Photos"; Content and Photos together the "IP"). By submitting his own content and/or by attending an online course or event provided as Service, the User entitles Henri Meijer Consultancy to all rights of use regarding the handling and publishing of the IP. The User grants Henri Meijer Consultancy the irrevocable, royalty-free, non-exclusive and geographically-unrestricted right to use all IP generated, transmitted, saved and published. Therefore Henri Meijer Consultancy, and companies connected to Henri Meijer Consultancy, are entitled to the unrestricted use of all IP including editing, copying, modifying, translating, creating and taking possession of derivative works. In doing so, there is no restriction regarding the type of use. Henri Meijer Consultancy is therefore entitled to use the content for advertising purposes or other publications, either in part or in whole and in any format or medium. In this regard, the user grants Henri Meijer Consultancy moral rights, whereby Henri Meijer Consultancy expressly points out that Henri Meijer Consultancy does not obtain ownership of the IP provided by the User and therefore Henri Meijer Consultancy does not carry out any supervisory role of content. This also applies to partial handling and publishing. 10. Online dispute resolution Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr
11. Modifications to the Terms and Conditions of Use
11.1 Henri Meijer Consultancy reserves the right to make changes to these Terms and Conditions of Use at any given moment. In this case, Henri Meijer Consultancy will inform the User about the changes via email.
11.2 The User declares his approval to the application of the changed Terms for contracts concluded before the change in question, providing that the user does not object to the change in written form within a period of two (2) weeks, starting on the day following the day the notification of the change has been received.
11.3 The notification of the change will besides the indication of the availability of the amended text also contain again a reference to the possibility and period of objection as well as the importance and consequences of non-objection. This can be made particularly by email to the email address indicated by the User. If the User disagrees with the application of the new Terms within a two (2) week deadline, the contractual relationship will be continued under the conditions hitherto.
12. Data Protection
12.1 Henri Meijer Consultancy may save and process any data relating to the User, to the extent necessary for the purpose of the execution and implementation of this use contract and of purchase contracts concluded via henrimeijer.com and as long as Henri Meijer Consultancy is required to keep such data in accordance with applicable law.
12.2 Henri Meijer Consultancy shall have the right to submit personal data relating to the User to payment service providers, to the extent necessary for the payment of the Service, however, subject to the User´s consent in each individual case.
Henri Meijer Consultancy shall neither make available any personal data of the User to other third parties without the explicit consent of the User, except to the extent that Henri Meijer Consultancy is required to disclose any data pursuant to applicable law.
13. Final provisions
13.1 If the User is a corporation, limited liability company, commercial partnership or otherwise, operate a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code, Handelsgesetzbuch, HGB) or if the User is a legal entity or special fund organized under public law, the courts in Berlin, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, the User or we may file suit before any court of competent jurisdiction under applicable law.
13.2 The law of the Federal Republic of Germany shall apply exclusively, excluding, however, its rules governing the conflict of laws and not including the United Nations Conventions on Contracts for the International Sale of Goods (CISG).
13.3 Contract amendments, additions, and ancillary agreements, unless otherwise specified in these Terms and Conditions, require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement
13.4 In the event that individual terms should in their entirety or partially be or become invalid or impracticable, the validity of the remaining terms shall not be affected. Instead of the invalid or impracticable terms, the Parties will agree upon such reasonable terms that correspond as closely and legally possible to what the Parties – if they had considered the matter initially in light of such invalidity or impracticability – would have agreed upon according to the sense and purpose of these Terms. The same shall apply to omissions. Henri Meijer Consultancy, January 2019 Impressum Henri Meijer Consultancy Boyenstrasse 40, 10115 Berlin Mail: firstname.lastname@example.org
UST-ID: 34/439/01877 Online Dispute Resolution website of the EU Commission In order for consumers and traders to resolve a dispute out-of-court, the European Commission developed the Online Dispute Resolution Website: www.ec.europa.eu/consumers/odr
Legal disclaimer The contents of these pages were prepared with the utmost care. Nonetheless, we cannot assume liability for the timeless accuracy and completeness of the information. Our website contains links to external websites. As the contents of these third-party websites are beyond our control, we cannot accept liability for them. Responsibility for the contents of the linked pages is always held by the provider or operator of the pages. Data protection In general, when visiting the website of www.henrimeijer.com
, no personal data are saved. However, these data can be given on a voluntary basis. No data will be passed on to third parties without your consent. We point out that in regard to unsecured data transmission on the internet (e.g. via email), security cannot be guaranteed. Such data could possibly be accessed by third parties. Liability for Content The content of our websites was created with great care. We can't take any guarantee for the accuracy, completeness, and timeliness of the content. As a service provider, we are responsible for the content of these pages according to § 7 paragraph 1 of the TMG. According to §§ 8 to 10 of the TMG, we as service providers are not obliged to monitor transmitted or stored information or to investigate circumstances that indicate illegal activity. Responsibility for the removal or blocking of the use of information under general legal provisions is unaffected. A liability is only possible from the date of knowledge of a specific infringement. Upon notification of such violations, we will remove the content immediately. Liability for Links Our site contains links to external websites over which we have no control; therefore we cannot accept any liability for these websites. The respective provider or operator is responsible for the content of the linked sites. The linked sites were checked at the time of linking for possible violations, and illegal content was not present at the time the link was set on our site. A permanent control of the linked pages is unreasonable without concrete evidence of a violation of the law. Upon notification of violations, we will immediately remove such links. Copyright The content and other work on these websites are subject to German copyright. The reproduction, adaptation, distribution or any kind of exploitation outside the limits of copyright require the written consent of the respective author. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site is created by the operator, the copyrights of third parties are respected (in particular the content of third parties is identified as such). Please notify us should you become aware of any copyright infringement, and we will remove the content immediately upon notification of any violations. Copyright Henri Meijer Consultancy 2020