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Terms and conditions

General Terms and Conditions for Services of Deutsche Börse AG relating to Training Courses

General Terms and Conditions of Deutsche Börse AG relating to participation in fee-based face-to-face training courses and fee-based and free web-based training

April 2017

1. Subject matter of contract

These General Terms and Conditions govern the performance of fee-based face-to-face training courses and exams (fee-based face-to-face training courses and exams (hereinafter referred to jointly as “face-to-face training courses”) and fee-based and free web-based training (hereinafter referred to as “WBT”) (face-to-face training courses and WBT hereinafter referred to jointly as “training courses”) by Deutsche Börse AG. The contractual services and the terms of participation for each training course are specified in the applicable catalogue (available as a hardcopy or for downloading, on the internet for fee-based face-to-face training courses at www.deutsche-boerse.com/cma).

2. Registration; formation of contract

A contract with respect to participation in one of the training courses specified is entered into by the
customer by completing and sending the registration form, either by e-mail, fax or in writing, and the
forwarding of a confirmation of registration, or a confirmation of the order placed by Deutsche Börse AG.

3. Training services

3.1 The nature and scope of the training services are outlined in the service descriptions contained in the catalogue in accordance with Clause 1; the course contents may be subject to modifications without notice, if and insofar as the participant can be reasonably expected to accept such modifications.

3.2 In the case of face-to-face training courses, however, Deutsche Börse AG always reserves the right to move the venue and/or time of training events or to replace the announced instructor/course leader by another person. Deutsche Börse AG shall notify the participant of any relocation, change in time, cancellation or replacement.

3.3 Deutsche Börse AG shall conduct the face-to-face training courses described in detail in the catalogue either on its own premises, on the premises of the participant or at external venues (e.g. conference centres). The venue and time of face-to-face training courses will be specified in the confirmation of registration.

3.4 Deutsche Börse AG shall make WBTs available online using an access code for the period of time specified in the catalogue (hereinafter referred to as “access period”), starting from the day of registration. The participants shall define the access code themselves during the registration process. The access code must not be disclosed to third parties. After the access period ends, Deutsche Börse AG has the right to delete the WBT and/or to cancel the participant’s access code.

4. Prices, price changes, terms of payment

4.1 The participation fee for each face-to-face training course shall include participation, comprehensive training documentation and refreshments. The participant shall bear all other costs, in particular travel, subsistence and hotel expenses.

4.2 Participation in a WBT solely includes online access to the training course in question.

4.3 The training fees specified in the latest catalogue on the date of ordering shall apply; value-added tax shall be payable on top of them.

4.4 The fees for face-to-face training courses shall be invoiced to the participant before the course in question commences. These fees shall be payable without deduction as soon as the invoice is received. If Deutsche Börse AG has no record of payment being received prior to commencement of the face-to-face training course, Deutsche Börse AG may refuse the participant’s participation in the course in question.

4.5 The training fees for fee-based WBTs shall be invoiced to the participant following registration. These fees shall be payable without deduction as soon as the invoice is received.

4.6 No refunds will be made for services not accepted in their entirety.

4.7 Subject to the foregoing, Deutsche Börse AG and the respective author do not warrant that the training documentation is up-to-date, correct and complete and shall not assume any liability for its not being so.

5. Copyrights

Training documentation and contents of a WBT may not be duplicated, processed, amended, circulated or published in any other way without the written consent of Deutsche Börse AG.

6. Liability

6.1 Liability on the part of Deutsche Börse AG for breaches of duty through slight negligence shall be excluded, unless they relate to damage due to injury to life, body or health or warranties or other claims that cannot be contracted away are affected, in particular claims under or in accordance with section 288 (6) sentence 1 of the German Civil Code (BGB); Deutsche Börse AG shall be liable for such damage in accordance with the statutory provisions. Liability on the part of Deutsche Börse AG for a breach of duties that jeopardises the achievement of the purpose of the contract and of duties whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and on the fulfilment of which the participant may regularly rely (“cardinal obligations”) shall also remain unaffected. In such cases, Deutsche Börse AG shall only be liable vis-à-vis participants for any typical and foreseeable damage or loss. To the extent that Deutsche Börse AG is under an obligation to compensate for unavailing expenditure, the foregoing shall apply mutatis mutandis.

6.2 If liability is excluded in accordance with Clause 6.1 above, that shall also apply to the personal liability of agents of Deutsche Börse AG.

6.3 Deutsche Börse AG shall not be liable for any damage to or the destruction or loss of participants’ property in connection with the performance of the face-to-face training course, unless such damage, destruction or loss has been caused by gross negligence or intent on the part of Deutsche Börse AG.

6.4 The right to raise the objection of contributory negligence pursuant to section 254 of the German Civil Code (BGB) shall remain unaffected.

7. Rescission, substitute participants, changes in bookings

7.1 Deutsche Börse AG is entitled to rescind the contract relating to performance of a face-to-face training course if there is an insufficient number of participants enrolled in the course by 14 days before the date the course commences. A number of less than ten participants shall be deemed to be insufficient. However, Deutsche Börse AG may, at its discretion, opt on a case-by-case basis to proceed with any face-to-face training course having a lower number of participants. Where participants have already paid training fees to Deutsche Börse AG, said fees shall be refunded in full. Any further claims of participants are excluded.

7.2 Participants may cancel their participation in any such face-to-face training course and rescind the contract in writing, by fax, by e-mail or online at www.deutsche-boerse.com/cma (60485 Frankfurt / Main, Germany, Fax +49-69 211-1 37 63, e-mail: academy@deutsche-boerse.com) no less than three weeks prior to the commencement of said face-to-face training course. In such cases, Deutsche Börse AG will charge a fee of €50 to cover its expenses; this fee will be offset from the training fee to be refunded. Any training fees already paid above and beyond said fee shall be refunded. Participants have the right to prove that the actual expenses or damage incurred by Deutsche Börse AG are in fact lower. Any further claims of participants are excluded.

7.3 Should participants be unable to participate in the face-to-face training course, they may nominate a substitute participant free of charge. In such cases, the cancellation of the contract entered into with the initial participant will be effected after conclusion of a contract with the substitute participant, and then only with the proviso that the contract between Deutsche Börse AG and the substitute participant on participation in the respective face-to-face training course will be validly concluded no later than three weeks prior to commencement of the face-to-face training course.

7.4 Moreover, if participants are unable to participate in the face-to-face training course date booked, they may – alternatively to the procedure specified in Clause 7.3 – change their booking to another date for the same face-to-face training course up to three weeks prior to the commencement of the booked face-to-face training course. In such cases, the relevant participant will be charged a processing fee of €50. A change of booking within a period of less than three weeks is not possible.

7.5 Where participation has not been cancelled within the time limit pursuant to Clause 7.2., where the contract between Deutsche Börse AG and a substitute participant has not been concluded within the time limit pursuant to Clause 7.3 (provided the contract has been concluded late or has not been concluded at all for reasons for which Deutsche Börse is responsible) or in the event of non-participation in a face-to-face training course, the full training fee shall be payable or the training fee already paid shall not be refunded, whichever may apply.

7.6 A WBT on which the participant has already started working cannot be cancelled.

7.7 If the training fees are not paid on time, Deutsche Börse AG reserves the right to refuse the participant’s participation in face-to-face training courses, block access to WTBs and/or withhold confirmations of participation until all claims resulting from registration for the training have been settled.

8. Data protection

8.1 Pursuant to the Federal Data Protection Act [BDSG], participants are hereby notified that Deutsche Börse AG will store their full address as well as further information related to the order in machine-readable form and process this data electronically for tasks arising from this contract. Deutsche Börse AG guarantees that this data will be treated as strictly confidential.

8.2 Deutsche Börse AG undertakes to treat all personal data received from participants, in particular their names, addresses, age and invoice details, as strictly confidential and to refrain from making such data available to unauthorised third parties, except those data required by national authorities, auditing firms or lawyers to meet Deutsche Börse AG’s legal obligations, or in any event of litigation, and in accordance with data protection laws. Furthermore, by undertaking suitable measures (section 9 of the German Federal Data Protection Act) and by committing its staff to secrecy, Deutsche Börse AG shall ensure that confidentiality is observed for the term during which the services of Deutsche Börse AG are used and thereafter. As soon as participants participate in a WBT exam, their personal exam results will be stored at least until the expiry of the statutory retention periods, and can thereafter be retrieved by participants until they object the storage of their exam results.

8.3 The disclosure of participants’ personal data to unauthorised third parties for any other purposes, in particular for the purpose of consultancy, advertising and market research, is prohibited unless the relevant participants give their express permission to do so.

9. Right of revocation

Participants are entitled to revoke the contract pursuant to section 312 b and section 312 d of the German Civil Code in conjunction with section 355 of the German Civil Code, provided that they are consumers (section 13 of the German Civil Code), i.e. conclusion of the contract cannot be ascribed to their commercial or freelance professional activity. This right shall apply for a period of two weeks. The two-week revocation period shall commence one day after the participant sends the registration form. No reasons for the revocation need to be given. It shall be sufficient to submit the declaration of revocation either in writing or on a permanent data carrier to Deutsche Börse AG, Capital Markets Academy, 60485 Frankfurt/Main, Germany.

10. Settlement of Disputes

Deutsche Börse AG is not obliged to participate in settlement of disputes before a consumer arbitration board according to the German Settlement of Consumer Disputes Act [VSBG] and also does not offer participation in such action.

11. Governing law and legal venue

11.1 All legal relationships based on these General Terms and Conditions shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.

11.2 If the contractual relationship is not formed with a consumer and the choice of legal venue is otherwise permitted under the law, legal venue for all disputes arising from the contractual relationship shall be Frankfurt/Main, Germany. The statutory regulation shall otherwise apply.

12. Written form

The parties agree that any amendments to the terms and conditions shall be made in writing only. This shall also apply to the stipulation in this Clause 12 of the General Terms and Conditions, requiring written form.

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