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These General Terms and Conditions ("GTC") apply between GoLeanSigma Consulting (hereinafter referred to as GoLeanSigma)
Wasserweg 12
61137 Schöneck
Hessen, Deutschland
Phone +49 176 21525791
Email info@goleansigma.de
Web https://www.goleansigma.de
and users of the mobile device software ("Apps") offered by GoLeanSigma. These terms and conditions govern the terms and conditions for the download and use of the various Apps. By using our Apps, the user agrees to be bound by these TOS.
The range of functions of the Apps may differ depending on the operating system. The functions are available in the respective App Store such as iTunes, Google Play, etc. (hereinafter for all "App Store") described. The hardware and firmware requirements for operating the app on end devices are listed in the App Store.
Updates of Apps will be provided by GoLeanSigma to the extent required by law according to § 327f BGB. GoLeanSigma reserves the right to provide further updates at its own discretion.
In order for the user to be able to download current content to his device with the help of the apps, GoLeanSigma requires a stable internet connection of the user's terminal device. After downloading content within an app, the user can use the content independently of an internet connection (offline).
GoLeanSigma reserves the right to change an app at any time in a way that is reasonable for the user, e.g. to develop it further and improve its quality. This applies to both technical and content-related developments.
With the help of the app, the user can access current content in the form of a self-renewing in-app subscription ("Subscription"). The available terms are displayed in the order options. A Subscription includes the updating of the stock of regulations via an update service.
Billing (see Section 4. Payment Processing) and management of the Subscription are performed exclusively via the User's App Store account. The contract for the (In)App purchase and the subscription is concluded between the User and the respective App Store operator.
The subscription is automatically renewed after the expiration of the minimum contract period. The automatic renewal can be switched off up to 24 hours before expiry via the account settings in the App Store.
A subscription can be terminated via the account settings in the App Store. After termination of the subscription, the already downloaded set of rules can still be used. Content will not be updated after the subscription ends, nor will access to versions of content preceding the last downloaded version.
Payment processing for paid apps and in-app purchases takes place directly with the app store operator via the user account.
A refund of payments made in the App Store by GoLeanSigma is excluded. In this respect, the general terms and conditions/terms of use of the store providers apply.
Any right of withdrawal must be exercised exclusively with the store providers. In this respect the general terms and conditions of business/use of the store providers apply..
GoLeanSigma does not guarantee that entries in the personal watchlist of the app (e.g. notes, bookmarks, etc.) will be saved permanently. Especially after updates these may no longer be available.
GoLeanSigma applies the care usually to be expected from a publisher in the selection, maintenance and up-to-dateness of the content. However, GoLeanSigma does not guarantee the accuracy, timeliness and completeness of the content provided and its selection and compilation. This applies in particular to the extent that GoLeanSigma is dependent on the supply of third-party texts.
As far as the availability of the app depends on services of third parties (especially telecommunication providers) GoLeanSigma does not assume any liability for the availability.
GoLeanSigma is liable without limitation in case of intent or gross negligence,
In the event of a simple negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), GoLeanSigma's liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
GoLeanSigma shall have no further liability.
GoLeanSigma reserves all rights, in particular copyrights and trademark rights, to the Apps and all content provided within the Apps.
In particular, the compiled contents of the App are database works specially created by GoLeanSigma, specifically databases in the sense of §§ 4 para. 2, 87a para. 1 UrhG (German Copyright Act) as well as, if applicable, linguistic works according to § 2 UrhG. The associated programs are also protected by copyright as code by §§ 69a ff. UrhG.
By downloading an app, the user acquires a non-exclusive and non-transferable license, limited in time to the duration of the installation, to download, install and use the app on any compatible terminal device owned or controlled by the user. The right of use also includes any updates (upgrades, patches, etc.).
The user acquires a simple and non-transferable right of use to the content retrieved in the app. The right of use entitles the user to download the content to his end device and to consume the content. It is limited in time to the period of use agreed for the respective content. In particular, the right to use old versions of content in the case of subscriptions ends with the end of the subscription.
The user is not permitted to decompile, reverse engineer, disassemble an app, attempt to derive the source code, decrypt the source code, modify or create derivative works of the app or its content or reuse it in other software. This does not affect the mandatory statutory provisions pursuant to § 69a et seq. of the German Copyright Act (UrhG).
The copyright limitation provisions remain unaffected.
Subsidiary agreements, amendments or supplements must be made in text form in order to be effective. This also applies to the cancellation of the text form.
German substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Place of performance is the registered office of GoLeanSigma. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship is the registered office of GoLeanSigma. GoLeanSigma is also entitled to sue at the general place of jurisdiction of the user.
If the user moves his domicile or usual place of residence out of the territory of the Federal Republic of Germany after the conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement is the registered office of GoLeanSigma. The same applies if the user has his domicile or habitual residence abroad.
Deviating or supplementary terms and conditions of the user will not become part of the contract, unless GoLeanSigma has expressly agreed to their validity.
The EU Commission provides an internet platform for online dispute resolution ("OS platform") atec.europa.eu/consumers/odr/.This platform serves as a contact point for the out-of-court settlement of such disputes arising from online sales contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
General Terms and Conditions for Apps, as of 01.03.2022
These general terms and conditions ("GTC") apply to all contracts between GoLeanSigma Unternehmensberatung - hereinafter referred to as GoLeanSigma - and the buyer or purchaser - hereinafter referred to as CUSTOMER - for analog or digital services such as consulting, seminars, workshops and webinars (hereinafter collectively referred to as "training"). These GTC do not apply to prefabricated digital content (e.g. video courses).
In-house seminars are training events held at the CUSTOMER's premises on site or at premises rented by the CUSTOMER. The CUSTOMER is responsible for the organization of the seminar including the necessary seminar equipment (e.g. projectors, etc.), the invitation as well as the catering of the participants. GoLeanSigma only provides the speaker and the seminar materials.
Open seminars and workshops re training events offered and organized by GoLeanSigma at different locations in Germany. GoLeanSigma provides the meeting rooms, technical equipment, seminar materials and certificates of attendance.
Webinars means live digital training events.
Unless otherwise stipulated below, the following applies: Offers made by GoLeanSigma in e-mails, brochures or on the Internet do not constitute a binding offer to conclude a contract, but only a non-binding invitation to the CUSTOMER to submit an offer to conclude a contract.
By clicking the button "Book with obligation to pay" or by registering by e-mail, telephone, fax or other means of communication, the CUSTOMER makes a binding offer to conclude a contract for the services included in the registration process. Even a confirmation of receipt of the registration by e-mail does not constitute an acceptance of the offer.
The contract is not concluded until GoLeanSigma accepts the CUSTOMER's offer by means of a separate declaration of acceptance or, at the latest, upon provision of the respective service.
In case of in-house seminars GoLeanSigma will provide the CLIENT with an individual seminar offer upon the CLIENT's request. Unless otherwise stated, such an offer is valid for 21 days from its receipt by the CLIENT. The contract is concluded when the CUSTOMER places the order.
All prices are end user prices in Euro including the applicable VAT.
GoLeanSigma will invoice the remuneration agreed with the CLIENT on the (last) training day. In case of multiple training days GoLeanSigma reserves the right to request reasonable advance payments. Unless otherwise agreed, invoices are due for payment without deduction at the time of receipt.
If the CLIENT is in default of payment, GoLeanSigma is entitled to charge a processing fee and interest on arrears at the statutory rate.
The in-house seminar fee includes the booked training as well as the training materials.
The CUSTOMER shall provide appropriate catering (lunch, coffee breaks and soft drinks) as well as the local conditions (premises, equipment, etc.) specified in the offer.
The participation fee includes the booked training, seminar documents and - if offered - catering. Travel, accommodation and other expenses shall be borne by the CUSTOMER.
In the case of registration at short notice (within 14 days of the start of the training), seminar documents may only be provided by e-mail.
Certificates of attendance will be sent by GoLeanSigma after the seminar or handed over to the participants at the end of the seminar.
To participate, the CLIENT must meet the technical requirements explained by GoLeanSigma during the registration process (e.g. stable internet connection, current browser version, loudspeaker or headset, etc.).
Any failure of the technical requirements of the CUSTOMER, if necessary also during the webinar, does not release the CUSTOMER from the contractual obligation to pay. The CUSTOMER is obliged to keep the access data carefully, not to pass them on to unauthorized third parties and to protect them from access. The CUSTOMER shall also be obliged to keep the registration data provided, in particular the contact data, up to date.
The following fees apply in the event of cancellation:
In the case of in-house seminars, instead of cancelling the seminar, the participant can be rebooked for another date - if available - free of charge in consultation with GoLeanSigma. Rebooking is only possible once within the current calendar year.
Cancellations are subject to the following fees:
This also applies in case of no-show of the registered participant.
In the case of open seminars, it is possible to name a substitute participant free of charge at any time instead of cancelling.
The following fees apply in the event of cancellation:
In the case of webinars, it is possible to nominate a substitute participant free of charge instead of cancelling.
The date of receipt by GoLeanSigma applies for compliance with cancellation deadlines. Cancellation fees will be offset in the appropriate amount against any fee deposits already made.
The subject of the respective order is the implementation of the booked training or other agreed services, but not a specific success.
The instructors/trainers will conduct the training exclusively in the name of and on behalf of GoLeanSigma. If the CUSTOMER is interested in additional and/or follow-up trainings with the assigned instructors/trainers, the booking as well as new orders must be made through GoLeanSigma for a period of 24 months since the end of the training.
The receipt of a certificate of attendance is only possible if a participant has attended the entire training throughout. It is not possible to split the course among several participants. Partial booking is only possible in exceptional cases and upon request.
The training courses are carefully and conscientiously prepared and conducted by the instructors/seminar leaders. GoLeanSigma assumes no liability for the timeliness, accuracy and completeness of the materials or the conduct of the training.
GoLeanSigma is entitled to subcontract parts of an order to third parties, even without the consent of the CLIENT.
All training courses shall be in accordance with the binding scope and content set out in the individual offer, subject to any necessary changes of an organizational or content-related nature, provided that such changes do not significantly alter the overall character of the training course. GoLeanSigma may, at its sole discretion, replace the initially scheduled instructor(s) and/or seminar leader(s) with equally qualified individuals.
GoLeanSigma is entitled to cancel or postpone training courses in agreement with the customer for reasons beyond its control, in particular if the minimum number of participants is not reached, in case of illness of the speaker/trainer or other failures through no fault of GoLeanSigma (e.g. maintenance work, internet failure, etc.). Notification shall be made immediately by e-mail to the CUSTOMER's existing contact details.
Cancellation through no fault of GoLeanSigma does not lead to compensation claims of the CLIENT for wasted expenses (e.g. travel expenses, room rental). Furthermore, this does not lead to a right of withdrawal of the CLIENT. Rather, both parties shall endeavor to determine a prompt replacement date.
GoLeanSigma expressly reserves all rights to the documents, results, calculations, etc. created by its employees or by the speakers/trainers, in particular copyrights and trademark rights. Seminar documents or parts thereof may not be reproduced or made publicly available without the consent of GoLeanSigma, but may only be used for private or other own use.
With the exception of certificates issued by GoLeanSigma, trademarks of GoLeanSigma Publishing may not be used without the consent of GoLeanSigma.
Where applicable, training sessions may be photographed or videotaped. These recordings will only be made available to the participants of the training. If the CLIENT does not agree to a recording of his person or the upload of the contents, he has to contact the trainer.
If the recordings are used for advertising purposes, GoLeanSigma will obtain the consent of the CLIENT separately.
The CLIENT has the right to set-off or retention only if his counterclaims are legally established or recognized in writing by GoLeanSigma and if the conflicting claims are not mutual performances.
The aforementioned exclusion of the right of retention does not apply if the CUSTOMER is a consumer according to § 13 BGB.
Consumers have a statutory right of withdrawal in the case of distance contracts (contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract). A consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period for services (seminars, workshops and webinars) is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must contact us,
Wasserweg 12
61137 Schöneck
Phone +49 176 21525791
Email info@goleansigma.de
Web https://www.goleansigma.de
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment. If we have already started providing the service at your request during the withdrawal period, you shall pay us a reasonable amount that corresponds to the proportion of the services (seminars, workshops and webinars) already provided by the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you wish to cancel the contract, please fill out and return this form).
To GoLeanSigma Management Consulting, Wasserweg 12, 61137 Schöneck, Hesse, Germany, Tel.: +49 176 21525791, E-Mail: info@goleansigma.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date(s)
(*) Delete where not applicable.
GoLeanSigma is liable without limitation in case of intent or gross negligence,
In the event of a breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation) due to simple negligence, GoLeanSigma's liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
GoLeanSigma shall have no further liability.
Subsidiary agreements, amendments or supplements must be made in text form to be effective. This also applies to the cancellation of the text form.
German substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Place of performance is the registered office of GoLeanSigma. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship shall be the registered office of GoLeanSigma. GoLeanSigma is also entitled to sue at the CUSTOMER's general place of jurisdiction.
In case the CLIENT moves his domicile or habitual residence outside the territory of the Federal Republic of Germany after the conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement shall be the registered office of GoLeanSigma. The same applies if the CUSTOMER has his domicile or habitual residence abroad.
The wording of the agreement and these terms and conditions in German shall prevail.
Deviating or supplementary terms and conditions of the CUSTOMER shall not become part of the contract, unless GoLeanSigma has expressly agreed to their applicability.
The EU Commission provides an internet platform for online dispute resolution ("OS platform") atec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online sales contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
GTC Consulting and Training,