1. Subject Matter of Contract The present Terms and Conditions for services of Deutsche Börse AG relating to training courses govern the performance of training services and the sale of learning software. The contractual services and the terms of participation are specified in the relevant catalog published (available as hardcopy or on the internet at http://deutsche-boerse.com/academy). The contracting parties are Deutsche Börse AG and the participants admitted to the training course or the purchasers of learning software (hereinafter collectively referred to as “Customers”). 2. Registration; Formation of Contract A contract with respect to participation in one of the training courses speciefied or regarding the ordering of learning software 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 (1) The nature and scope of the training services are outlined in the course descriptions contained in the catalog. The course contents may be subject to minor modifications without notice. (2) Provided that the training courses described in detail in the catalog are face-to-face sessions, Deutsche Börse AG shall conduct the training courses either on its own premises, on the premises of the participant or at external venues (e.g. conference centers). Venue and time of face-to-face sessions will be specified in the confirmation of registration. 4. Ordering of Learning Software In addition to training courses, Deutsche Börse AG also offers learning software as outlined in the catalog. These can be computer-based Trainings (CBT) or Web-based Trainings (WBT).
(1) Software packages may, in each case, be used on only one computer. Copies may be made solely for the purpose of creating a back-up file. If authorization to make copies has been given (multiple user license) and this has been specified on the order form or on the order confirmation, or in another contractual document, the conditions of use shall also apply to each of the additional licenses. Each program contains a copyright notice or a reference to proprietary rights, which must be adopted for each copy. The conditions of use contained in the software package supersede these General Terms and Conditions. The documentation included in the software package may contain special licensing information being a constituent part of the usage right.
(2) The CBTs shall be delivered, carriage paid, to the delivery address at the ordering party's risk. CBTs in their original package may be returned up to two weeks following the expiry of the revocation right without giving reasons. The purchase price shall be refunded. In the event of CBT software defects, Deutsche Börse AG shall initially be entitled to make a replacement delivery provided that the defective CBTs are returned. Should the replacement delivery also be defective, Deutsche Börse AG shall grant the ordering party the right to demand, at the ordering party's choice, either rescission of the contract or a reduction in purchase price.
(3) Deutsche Börse AG shall make WBTs available online using an access code for a period of three months. After this period, Deutsche Börse AG has the right to delete the WBT or to cancel the ordering party's access code. 5. Prices, Price Changes, Terms of Payment (1) The seminar fees shall include the participation in the seminar, comprehensive seminar documentation and refreshments. Not included are the participant's travel and accommodation expenses.
(2) The catalog prices valid on the date of ordering shall apply.
(3) The seminar price shall usually be invoiced, plus value-added tax, prior to the commencement of the seminar. All invoices are payable immediately upon receipt without applying any discounts. Where payment is not received prior to commencement of the seminar, Deutsche Börse AG may refuse the relevant participant’s participation in that seminar.
(4) Ne refunds will be made for services not accepted in their entirety. 6. Copyright Notice Seminar documentation and learning software may not be duplicated, processed, amended, circulated or published in any other way without the written consent of Deutsche Börse AG. 7. Liability (1) Deutsche Börse AG shall be liable for any damage or loss caused intentionally. However, in cases of gross negligence, Deutsche Börse AG shall only be liable to the extent that the damage or loss, which was intended to be prevented by the relevant duty of care, was foreseeable. Deutsche Börse AG shall be liable for ordinary negligence only where a material obligation has been breached whose breach jeopardizes the achievement of the purpose of the contract. 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.
(2) The seminar organizer shall not be liable for any damage to or the destruction or loss of participants' property in connection with the performance of the seminar, unless such damage, destruction or loss has been caused by gross negligence or intent on the part of Deutsche Börse AG.
(3) The statutory liability for injury to life, body or health in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall not be affected.
(4) The right to raise the objection of contributory negligence pursuant to section 254 of the German Civil Code (BGB) shall remain unaffected.
(5) Deutsche Börse AG shall not be liable for any losses incurred as a consequence of act of God, riot, acts of war, natural disasters or other events for which it is not responsible (e.g. strikes, lock-outs, disruption of communications, actions by foreign or national governmental authorities) or as a consequence of technical disruptions (e.g. of the EDP system) caused other than by a culpable act. Force majeure also includes computer viruses or intentional attacks on EDP systems by “hackers”, provided that appropriate measures had been taken for their prevention. 8. Rescission, Substitute Participants, Changes in Bookings (1) Deutsche Börse AG is entitled to rescind the contract at short notice if the number of participants enrolled in the seminar at that time proves insufficient. A number of less than 10 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 seminar having a lower number of enrolled participants. Where participants have already paid seminar fees to Deutsche Börse AG, said fees shall be refunded in full. Any further claims of participants are excluded.
(2) Furthermore, Deutsche Börse AG reserves the right to relocate and/or defer seminars or appoint a substitute trainer. Deutsche Börse AG shall notify the participant of any relocation, deferral or cancellation. Any further claims of participants are excluded.
(3) Participants may cancel their participation in any such seminar and rescind the contract in writing, by e-mail or by fax (Neue Börsenstraße 1, 60487 Frankfurt/Main, Germany, Fax +49 69 211-13763, email: academy@deutsche-boerse.com no less than three weeks prior to the commencement of said seminar. In such cases, Deutsche Börse AG will charge a fee of EUR 50 to cover its expenses. This fee will be offset from the seminar price to be refunded. To the extent that the seminar price already paid exceeds said fee, the seminar price shall be refunded. Participants have the right to prove that the actual expenses incurred by Deutsche Börse AG are in fact lower. Any further claims of participants are excluded.
(4) Should participants be unable to participate in the seminar, 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 substitute participant will be validly concluded no later than three weeks prior to commencement of the seminar.
(5) Moreover, if participants are unable to participate on the seminar date booked, they may change their booking to another date up to three weeks prior to the commencement of the booked seminar. In such cases, the relevant participant will be charged a processing fee of EUR 50. A change of booking within a period of less than three weeks is not possible.
(6) Where participation in a seminar has not been cancelled within the time limit pursuant to paragraph 3 above or where the contract between Deutsche Börse AG and a substitute participant has not been concluded within the time limit pursuant to paragraph 4 above or in the event of non-participation, the full seminar price shall be payable or the seminar price already paid shall not be refunded, whichever may apply. 9. Data Protection (1) Pursuant to the Federal Data Protection Act, Customers 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.
(2) Deutsche Börse AG undertakes to treat all personal data received from Customers, in particular their names, addresses, age and invoice details, as strictly confidential and to refrain from making such data available to unauthorized third parties. 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.
(3) The disclosure of Customers' personal data to unauthorized third parties for any other purposes, in particular for the purpose of consultancy, advertising and market research, is prohibited unless the relevant Customers give their express permission to do so. 10. Right of Revocation (1) Customers 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 private and not commercial customers. This right shall apply for a period of two weeks and, in case of services, cannot commence before the contract is signed. The giving of reasons for the revocation is not required. It shall be sufficient to submit the declaration of revocation either in writing or on a permanent data carrier and/or to return the goods to Deutsche Börse AG - Trainingscenter - Neue Börsenstraße 1, 60487 Frankfurt/Main, Germany within two weeks. The two-week revocation period shall commence one day after sending the registration form.
(2) The revocation right does not apply to contracts relating to the delivery of goods prepared according to Customers' specifications or to goods which have evidently been tailored to meet personal requirements, and for the delivery of audio or video recordings or software once the consumer has removed the seals from the data carriers supplied. 11. Governing Law and Legal Venue (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. (2) To the extent permitted by law, legal venue for all disputes arising from the contractual relationship shall be Frankfurt am Main. 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. |
