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    GBC

    General Booking Conditions for Seminars

    Lead Innovation Management GmbH, November 2022

    Scope

    These General Booking Conditions ("GBCs") apply to all bookings concerning (i) seminars held by Lead Innovation Management GmbH attended online or in-person and/or (ii) the retrieval of digital recordings online of the seminars cited under  (i) above, which an entrepreneur within the meaning of §1 of the Austrian Commercial Code [UGB] (a "customer") performs on the online shop provided on the website https://webshop.lead-innovation.com/ of Lead Innovation Management GmbH (the "shop"). The right acquired by the customer to attend seminars and retrieve digital recordings of seminars online is hereinafter referred to as a "ticket".

    The contractual partner of the customer in relation to all contracts concluded through the shop is Lead Innovation Deutschland GmbH, Unsöldstraße 2, 80538 Munich, email: office@lead-innovation.com, Tel.: +49 89 2555 7134, VAT ID: DE272239695, Commercial register number HRB 244694 ("Lead" or "we").

    The services offered through the shop are available exclusively to entrepreneurs.

    Any deviating terms and conditions of the customer do not apply and are explicitly declared to be ineffective.

    Contract conclusion and technical ordering process

    As the number of participants in the seminars is limited, the presentation of available seminar places in the shop is to be considered as a mere request for the submission of a legally binding offer to conclude a contract between us and the customer (invitatio ad offerendum). First, by completing the online ordering process, the customer, submits a legally binding offer to conclude a contract with us.

    Then, in order to submit a ticket order via the shop, the customer selects the desired event / recording and places it in the online shopping basket. Next, the customer chooses the desired type of payment – unless the ticket to be booked is provided free of charge – and specifies their payment details. The customer is then shown the entries they have just made, which they can now check and, if necessary, amend using standard mouse and keyboard commands.

    By clicking on the button designated for this purpose, the customer concludes the order, thus submitting a legally binding offer to us.

    Immediately after submitting their order, the customer receives an electronic confirmation of receipt that their order has arrived with us to the email address specified by them during the order process. This confirmation of receipt does not yet constitute acceptance by Lead of the customer's offer for the procurement of the ordered tickets.

    The contract concerning the tickets ordered by the customer only comes into effect through a corresponding, separate declaration of acceptance from us in the form of the transmission of a reservation confirmation for the booked seminar or a confirmation of the activation of the booked recording (cf. point 4). The customer is bound by his/her offer for ten working days (i.e. Monday to Friday, except statutory Austrian holidays and Good Fridays) from the time of offer submission.    We can reject orders without justification at any time.

    By submitting an order through the shop

    1. the customer explicitly declares themselves to be an entrepreneur within the meaning of §1 of the UBG and to be submitting the respective order within the context of their entrepreneurial activities, i.e. as company-related business; and
    2. the customer accepts these GBCs. 

    If the declaration of the customer as per lit. "a" above turns out to be incorrect, the customer must fully indemnify Lead with respect to all disadvantages and losses incurred by us as a result.

    The text of the contract concluded with the customer is saved by us. If the customer loses their order documentation, this can be requested from us via phone or email. We will then send the customer a copy of the documentation.

    Prices, means of payment, payment date, and offset exclusion

    The prices stated in the shop are net, exclusive of sales tax and shipping costs to the respective statutory amount. Once the shipping address is specified in the online shop, gross prices including sales tax and shipping costs are displayed prior to concluding the booking. If the booked seminar is one attended in-person, the prices shown also contain the costs of the catering offered.

    Any accommodation costs and parking fees are not included in the ticket price.

    Only the following options are available in the shop as means of payment: Online payment method (ShopPay, PayPal, Apple Pay, GooglePay), credit cards or on account.

    In the case of payment via  online payment method or credit card, the ticket price is immediately due for payment, and the customer explicitly authorizes us to recover the ticket price right from the time the customer places the order, or to charge this price to the selected payment method. If no contract is subsequently concluded, the respective amounts will be returned immediately to the customer via the means of payment used by them to the exclusion of their other claims.

    In the case of payment on account, the customer undertakes to settle the invoice amount within 20 days of receipt of the invoice without any deductions of discounts.

    Proof of purchase for procured tickets will be sent exclusively electronically via email to the address specified by the customer as part of their order.

    We are entitled to withdraw from a contract with the customer after setting a notice period of five days if the invoice amount in question is not settled within one week of the due date at the latest.   

    In the event of default of payment, statutory interest rates apply as per §456 of the UGB. We reserve the right to claim appropriate legal costs as per §1333 of the Austrian Civil Code [ABGB].

    The customer is only permitted to offset against payment claims of Lead if the receivables are legally established or undisputed.

    Delivery, redemption and validity of tickets

    For booked seminars, the customer receives a reservation confirmation at the email address specified during their order. This confirmation simultaneously serves as proof of identity for entry into in-person events.

    If the customer procured a ticket to retrieve a recording, the confirmation of the activation of this recording will similarly be sent to the customer via email.

    The respective confirmation occurs simultaneously with the acceptance of the respective contract by us (cf. point 2) or immediately thereafter; in the event of seminar bookings, this always occurs promptly so that the customer can attend the entire seminar live.

    Booked tickets only permit the one-time attendance of the specifically booked seminar or the retrieval of the specifically booked recording.

    In place of a registered participant, the customer can also send a substitute attendee to booked seminars. However, tickets procured via the shop cannot be passed on to third parties in return for payment. We reserve the right to decline the redemption of illegally transferred tickets.

    Booked recordings of seminars are available for the customer to view (multiple times as desired) from the first-time of activation of retrieval for a period 6 months. Once this time period expires, Lead reserves the right, exercisable at all times, to deactivate the stream in question; retrieval is no longer possible following deactivation. Lead assumes no liability for temporary failures of the streaming platform over which the respective recording is provided. In the event of the permanent shutdown of the streaming platform during the relevant retrieval period, Lead will endeavor to an economically reasonable extent to immediately provide the recording in question again via an alternative platform and to extend the retrieval period appropriately.

    As part of our declaration of acceptance / reservation confirmation (cf. point 2), we will notify the customer of any further arrangements for seminar attendance or, if necessary, will provide information regarding dial-in codes or links for online seminars or recordings that can be retrieved online.

    Cancelation and rebooking

    The customer can cancel or rebook an ordered ticket for attending a seminar prior to that seminar starting under the following conditions. Tickets for retrieving recorded seminars that have already ended online cannot be canceled.

    Ticket cancelation is only possible if there are still more than 8 weeks between the day of our receipt of the customer's declaration of cancelation and the start of the seminar. Otherwise, cancelations are excluded. In the event of cancelation more than 8 weeks prior to the start of the seminar, we reserve the right – irrespective of the customer's culpability – to levy a flat compensation charge of 80 euros as a cancelation fee and will return the remainder of the ticket amount to the customer immediately.

    Up to a maximum 14 days prior to the start of the seminar, you have the option to submit a request to rebook ordered tickets for attending the seminar upon payment of a flat rebooking fee of 25 euros. We reserve the right to perform the rebooking for the same booked event at a later date if and to the extent that the chosen event is taking place again, there are still free spaces available for the desired rebooking date, and organizational frameworks permit the customer to rebook. However, the customer does not have a legal right to rebook.

    Cancelation by Lead

    We reserve the right to cancel the seminar booked by the customer and to withdraw from the contract with the customer if

    1. the minimum number of five seminar attendees is not reached one week prior to the start of the seminar at the latest; or
    2. circumstances arise which make it impossible to hold the seminar and that are out of our control (e.g. the instructor becomes ill).

    In all cases when a seminar is canceled, the customer will be notified of this without delay. Tickets already paid for will be reimbursed immediately. No further claims of the customer exist.

    Privacy

    The data required for registering for and conducting the seminar is recorded and processed electronically. Data is only forwarded on in compliance with applicable data protection regulations.

    The privacy statement that applies to the shop as amended can be accessed at any time from the shop website.

    Liability

    Any liability of Lead with respect to the customer for losses caused by mere minor negligence – except personal injury – is excluded. Our liability for gross negligence is limited to the violation of major contractual obligations.

    Moreover, our liability for losses caused by gross and minor negligence is monetarily limited to a maximum of the respective ticket price paid by the customer.

    Liability of Lead for consequential damage or lost profits caused by negligence is excluded outright.

    If tickets are provided free of charge, any liability of Lead for losses caused by minor and gross negligence is excluded outright.

    Lead assumes no responsibility for the accuracy and/or completeness of seminar contents, and the customer cannot derive any claims against Lead in relation to this. Instructors and presenters are not attributable to Lead as vicarious agents and §1313a of the Austrian Civil Code is explicitly excluded.

    Warranty

    Mere services are not subject to any liability of Lead under warranty law.

    If we are liable to the customer for a particular achievement, we only guarantee that our service has the explicitly contractually agreed characteristics. We provide no other warranty assurances.

    No warranty applies to tickets provided free of charge.

    §7 of the Austrian Consumer Warranty Act [VGG] does not apply.

    Communication

    The customer undertakes to keep the email address they specified during their order up to date and to notify us immediately of any amendments to the same.

    All legally relevant declarations and other messages from Lead in relation to the respective ticket purchase and/or seminar attendance of the customer can be effectively delivered to the customer to the last email address specified by the customer and are considered to be received by the customer once sent to this address.

    Severability clause

    If one or more of the terms of these GBCs is/are or become invalid and/or unenforceable, this will not affect the legal validity and enforceability of the remaining terms of these GBCs. The legally invalid or unenforceable term is considered to be automatically replaced by one that is legally enforceable and valid and most closely resembles the replaced term in its economic impact as far as possible and legally permissible.

    Court of jurisdiction and choice of law

    for all disputes arising from and/or in relation to a contract to which these GBCs apply, the exclusive competence of the court responsible for Inner City Vienna is agreed. However, we remain entitled to file suits against the customer in the court competent for the location where the customer is based.

    All contracts to which these GBCs apply are subject to Austrian law with the exclusion of the conflict of laws and the UN Convention on Contract for the International Sale of Goods. 

    Exclusion of the ECG

    The application of the terms of sections 9, 10, and 12 of the Austrian E-Commerce Act [ECG] is consensually excluded.

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    Austria

    Sandwirtgasse 12/1
    1060 Vienna
    +43 1 288 73 65 

    Germany

    Unsöldstraße 2
    80538 Munich
    +49 89 2555 7134

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    718 Walt Whitman Rd., Unit #672
    Melville, NY 11747
    +1 516 456 3656

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