General Terms and Conditions for orders and bookings
with persolog GmbH

I Scope

1.All offers, deliveries and other services with regard to orders/bookings of goods with us are subject to the following General Terms and Conditions (hereinafter only "Terms and Conditions") in the version valid at the time of the order/booking.

2. Goods within the meaning of these Terms and Conditions are all products, seminars and services that can be purchased/booked with us as part of an order/booking.

3. Our terms and conditions apply exclusively. We do not recognize any conflicting, deviating or supplementary terms and conditions of the contractual partner/customer (hereinafter referred to as "Customer") unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if we render our services without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer.

4. Our terms and conditions apply only to companies within the meaning of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.

II Conclusion of contract

1.In the case of orders/bookings via our online shop or landing pages, the presentation and advertising of goods in our online shop do not constitute a binding offer to conclude a contract, but merely an invitation to the customer to make a binding offer. If the goods are available, the customer can only make a binding offer to order the goods contained in the shopping basket after registering and successfully setting up a customer account in accordance with section VI of these terms and conditions by sending the order by activating the "order subject to payment" or "register subject to payment" button after going through the online ordering process. The offer can only be submitted if the customer has previously accepted these Terms and Conditions by clicking on the corresponding button and has thereby included them in his offer. We will then send the customer an order/booking confirmation by e-mail. The order/booking confirmation constitutes acceptance of the offer. In the case of seminar bookings, the customer will receive a booking confirmation if seminar places are available. When products are ordered, the content of the contract and the approximate delivery date result from the order confirmation, insofar as delivery is required according to the characteristic of the purchased goods.

2. Outside of orders/bookings in our online shop, enquiries from the customer, verbally or in writing, via telephone, fax or e-mail, constitute a binding offer to conclude a contract. We then create an order/booking confirmation which we send to the customer by e-mail. The order/booking confirmation constitutes acceptance of the offer. In the case of seminar bookings, the customer will receive a booking confirmation if seminar places are available. When ordering products, the content of the contract and the approximate delivery date result from the order confirmation, insofar as delivery is required according to the characteristic of the purchased goods.

3. The obligations contained in the provisions of Section 312i (1) sentence 1 no. 1 to no. 3 and sentence 2 BGB are excluded.

III Delivery of goods

1.Insofar as delivery is required according to the characteristics of the purchased goods, the delivery time stated by us in the order confirmation shall be calculated from the time of the order confirmation.

2. Delivery dates and delivery deadlines are always considered to be approximate. They shall be deemed to have been met if the goods have been dispatched by their expiry.

3. If, after conclusion of the contract, the customer requests changes or additions to the order which make it impossible to meet the delivery date, the delivery date shall be extended in accordance with the changes and additions by a period of time which is reasonable for the implementation of these changes and additions.

4. We shall have a right of retention for further deliveries until all previous deliveries have been paid.

5. If the customer orders several goods within the scope of one order for which different delivery times apply, we shall dispatch the goods (unless otherwise agreed) in a joint delivery. In this case, the delivery time that applies to the goods with the longest delivery time applies to the goods order as a whole.

6. When delivering goods, we are entitled to make partial deliveries to a reasonable extent and to invoice these separately.

7. The risk is transferred to the customer when the goods are handed over to the shipping company. Shipment is always carried out on behalf of the customer.

8. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the goods), we shall inform the customer of this without delay and at the same time notify the customer of the expected new delivery deadline. If the goods are also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall reimburse the customer immediately for any consideration already paid by the customer. A case of non-availability of the goods in this sense shall be deemed to be in particular the non-timely self-delivery by suppliers if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in the individual case.

IV Seminars, digital learning products

1.Seminars are offered either as open group seminars or as in-house seminars (each as online or face-to-face seminars) which are individually adapted to the customer's wishes/oriented towards the customer's requirements and take place in closed groups. Open seminars and in-house seminars take place as face-to-face seminars or as online seminars transmitted by video with the software "Zoom" or a comparable tool.

2. Seminars as well as further education and training courses are also offered digitally within the framework of e-learning programmes (hereinafter only "digital seminars"), which the customer or participant can start and carry out at any time via the "persolog Acad-emy”.

3. The target group and the content of the individual seminars, as well as the respective services provided within the framework of these, can be found in the respective seminar or programme description. Accompanying seminar documents are issued to the customer or participant in paper form or sent in electronic form if this is expressly stated in the respective seminar description. If seminar documents are issued or sent, this is usually done before or at the beginning of the seminar, in individual cases also during or at the end of the seminar.

4. When participating in an online seminar, the customer or participant will receive further information by e-mail after paying the seminar price, but no later than the day before the appointment. The e-mail will include technical requirements for hardware and software, the necessary instructions for using "Zoom" or a comparable tool, the planned time of the online seminar and the access code that enables the customer or participant to access the online seminar on an internet-enabled device (PC, laptop, smartphone, tablet) to track in real time. To do this, the customer or participant must first download the "Zoom app" or the "Zoom program" or a comparable tool. It is not necessary for the customer or participant to create a Zoom account; it is sufficient to install the software on their end device. The code is intended exclusively for the customer or participant and may not be passed on. It only entitles the customer or participant to receive the transmission once. It is also not permitted for third parties to take part in the transmission together with the customer or participant. In the event of violations, the right to participate in the transmission shall expire; however, the payment obligation shall remain in effect. The same applies to recordings in sound and/or image and storage on data carriers. If the transmission of the online seminar is not or not properly possible due to in-sufficient technical requirements or incorrect operation of the customer or participant, there is also no claim for reimbursement or renewed attendance of the next online seminar on the same topic.

5. Any necessary travel to and from seminars must be organised by the client at his own expense.

6. Catering for customers or participants during breaks in the seminar (e.g. snacks, drinks) are included in the seminar price if this is expressly stated in the seminar description.

7. If and insofar as this is expressly stated in the seminar description, the customer or participant will receive a certificate of participation after taking part in the seminar. The certificate of participation shall be provided to the customer or participant at the end of the seminar either electronically or in paper form, sent in electronic form within 7 working days to the e-mail address provided by the customer or participant during the booking process or made available as a download.

8. We reserve the right to unilaterally revoke the confirmation of the booking of a seminar (booking confirmation) and to cancel or reschedule the seminar. In this case, the customer or participant can attend the new or another date/seminar or cancel the booking. In the latter case, the seminar price already paid will be refunded to the client. Further claims are excluded.

9. We are entitled to hold our face-to-face seminars as online seminars if the holding of face-to-face seminars is restricted or prohibited by official orders. In this case, the custom-er has the exclusive choice between rebooking the face-to-face seminar for a later date or participating in the online seminar that replaces the face-to-face seminar. The customer does not have the right to cancel the seminar free of charge. The customer will be informed about the change from the face-to-face seminar to the online seminar be-fore the booked date. The decision to participate in the online seminar is deemed to have been made if the customer does not request a rebooking by e-mail 48 hours be-fore the start of the online seminar

9. A rebooking of the seminar is possible free of charge, with the exception of digital seminars, if it is made up to 30 days before the start of the seminar. In the case of a re-booking to another date, we charge a processing fee of 50 euros per seminar up to 11 days before the start of the seminar. If the rebooking is made later, we charge 10% of the seminar price, but at least 50 euros per seminar. The date on which we receive the customer's written declaration is decisive in each case. The customer is free to nominate another participant in order to avert a rebooking. If prior certification with the persolog® Personality Factor Model (or another certification of persolog GmbH) is required for the event, the substitute person must fulfil this requirement.

9. We are entitled to hold our face-to-face seminars as online seminars if the holding of face-to-face seminars is restricted or prohibited by official orders. In this case, the custom-er has the exclusive choice between rebooking the face-to-face seminar for a later date or attending the online seminar which replaces the face-to-face seminar. The client does not have the right to cancel the seminar free of charge. The customer will be in-formed about the change from the face-to-face seminar to the online seminar before the booked date. The decision to participate in the online seminar shall be deemed to have been made if the client does not request a rebooking by e-mail 48 hours before the start of the online seminar.

10. The client may cancel open group seminars with the exception of digital seminars. Such cancellation is free of charge up to 30 days before the start of the seminar. If the cancellation is made up to 14 days before the start of the seminar, the client shall pay 50% of the seminar price. In the event of cancellation less than 14 days before the start of the seminar, the full seminar price must be paid. The date of receipt of the customer's written declaration by us shall be decisive in each case. The client is free to nominate another participant in order to avoid cancellation. If prior certification with the persolog® Personality Factor Model (or another certification of persolog GmbH) is required for the event, the substitute person must fulfil these prerequisites.

11. The client may rebook open group seminars with the exception of digital seminars. Such a rebooking of the seminar is possible free of charge if it is made up to 30 days before the start of the seminar. In the event of a rebooking on a different date, we charge a processing fee of 50 euros per seminar up to 11 days before the start of the seminar. In the event of a later rebooking, we will charge 10% of the seminar price, but at least 50 euros per seminar. The date on which we receive the customer's written declaration is decisive in each case. The customer is free to name another participant in order to avoid a rebooking. If prior certification with the persolog® Personality Factor Model (or another certification of persolog GmbH) is required for the event, the substitute person must fulfil this requirement.

12. In-house seminars may not be cancelled free of charge, in deviation from Clause 10. If a cancellation is made up to 21 days before the start of the seminar, the customer must pay 25% of the seminar price. Cancellations up to 15 days before the start of the seminar are possible against payment of 50% of the seminar price. Cancellations within 14 days prior to the start of the seminar are subject to payment of the full seminar price. In all other respects, the provisions of Clause 10 shall apply.

13. In deviation from Clause 11, in-house seminars can be rebooked free of charge up to 21 days before the start of the seminar if the parties agree on a different date. In the event of a later rebooking on a date agreed by both parties, we shall charge 25% of the seminar fee. If, in the event of a rebooking, no agreement is reached between the parties on another date within 1 week of receipt of the rebooking request, the rebooking shall be treated as a cancellation in accordance with Clause 12. In all other respects, the provisions of Clause 11 shall apply.

14. Digital seminars cannot be cancelled or rebooked.

15. Cancellation or rebooking requests by the customer must be made in writing and should be addressed to:

persolog GmbH
Königsbacher Street 51
75196 Remchingen
Tel: +49 (0) 7232-3699-0
E-Mail: mail@persolog.com

Cancellation or rebooking requests are only deemed to have been made and firmly booked with our confirmation of the new desired date.

Digital seminars and e-learning products cannot be
cancelled or rebooked.

16. There is no legal entitlement to the conduct of the booked seminar by the speaker named in the seminar description. We reserve the right to substitute the named speaker with another one of our speakers for given reasons, such as illness or other reasons for not being able to attend.

17. The right to participate in our seminars acquired upon conclusion of the contract is not transferable.

17. For participation in a seminar in virtual reality (hereinafter referred to as "VR Seminars"), the "Terms of Use VR Seminars" shall apply in addition.

V Prices and terms of payment

1.The prices stated by us at the time of the conclusion of the contract shall apply.

2. Our prices are quoted in euros plus the applicable statutory VAT and plus shipping costs. In the case of the delivery of goods, the corresponding shipping costs are specified during the ordering process and are to be borne by the customer.  From an order value of 300 Euro we deliver free of charge within Germany and Austria. The choice of shipping route and shipping method is at our discretion.

3. Payments are made as follows:

a) Invoice, payable within 14 days of receipt of invoice;

b) Cash in advance, payable immediately after receipt of the invoice;

c) via the service provider Mollie or another payment service provider named by us before the order/booking. The payment options and conditions provided there apply.

4. Payments shall only be deemed to have been effected upon final crediting to our account.

5. We are entitled to demand advance payment for all deliveries and services. In the case of advance payment, our performance shall only take place after the payment has been credited in accordance with Clause 4.

6. In the event of default in payment, we shall be entitled to demand interest on arrears at the statutory rate. The assertion of further damages caused by default remains unaffected by this.

7. The customer may only offset a claim against us if it is undisputed by us or has been legally established. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The customer shall not be entitled to a right of retention due to partial performance in accordance with Section 320 (2) of the German Civil Code (BGB).

VI Registration and creation of a customer account

1.An order/booking via our online shop is only possible after registration and successful creation of a customer account. There is no entitlement to registration and creation of a customer account.

2. The creation of a customer account is subject to the following conditions:

a) Only natural persons with full legal capacity and power of representation may register. If the power of representation of the registered authorised representative expires, a new authorised representative must be appointed as contact person without delay.

b) When registering the customer account, the full company or business name or the name of the entrepreneur together with the e-mail address must be provided and a password (access data) must be selected. The customer is responsible for ensuring that the information provided by him/her during registration is true and complete. If a customer provides incorrect or incomplete information, we are entitled to terminate and delete the customer's account without notice.

c) Under no circumstances is the customer entitled to disclose his access data and in particular his access password to third parties. If third parties nevertheless gain access to the customer account or if the customer has other indications of misuse of his account, the customer must inform us immediately and change his access data. In the event of misuse, we reserve the right to delete the account immediately and to take legal action.

d) Multiple registrations with the same e-mail addresses of a customer are not permitted.

3. We can block or delete a customer account at any time if it is misused or if illegal, anti-competitive, criminally relevant or immoral acts are committed via the customer account.

4. After completing certification, certified persolog trainers have the opportunity to purchase print and online products of the respective model at trainer conditions in the persolog webshop. Registration in the store is required for this.

VII Copyright and property rights, rights of use

1.The products and contents provided by us are protected by copyrights or other rights of us or third parties and may only be used within the scope of the contractually agreed purpose of use. For the use of these products and contents, the customer acquires, under the condition of payment of the purchase/seminar price owed and due, for himself and, to the extent of his order/booking and the individual contractual agreement, if applicable also for other designated authorised users, the simple, non-exclusive, non-sublicensable right of use to the respective products and contents for his own purposes, which right cannot be transferred to third parties. The right of use allows the customer read access to the content of the product as well as downloading, one-time saving and one-time printing of content.

2. Any use beyond that specified in section VII.1 of these Terms and Conditions is excluded and requires the prior separate written consent of the respective rights holder, unless such use is permitted by mandatory statutory provisions. In particular, the customer or other authorised users are prohibited from copying the products and contents provided - including excerpts thereof - removing copyright notices or brand designations, modifying or changing the products and contents, copying the products and contents to other data carriers or networks, creating and using reproductions and any transfer against payment or free of charge, any making available or any form of commercial use. The customer may not use any means to overcome or circumvent these measures.

3. When purchasing eBooks, the respective product description and the following regulations apply in addition:

a) We make the eBook available to the customer for download after the conclusion of the contract.

b) With the download of the eBook, the customer acquires a simple, non-exclusive, non-sublicensable right of use to the eBook that is not transferable to third parties and is unlimited in time. An acquisition of rights to the content or the eBook itself is not associated with this.

c) The customer is entitled to download the eBook a maximum of three times and to save it on up to three end devices. The customer can call up the eBook on the end devices as often as desired.

d) The transfer of the eBook, copies of the eBook or contents of the eBook to third parties is not permitted. Likewise, the customer is not entitled to make the eBook, copies or content of the eBook publicly accessible, to post it on the Internet or in networks or to resell it.

e) The customer is not entitled to change the content of an eBook in terms of content or editing. The customer may not remove or change trademarks, copyright notices, digital watermarks. The customer may not remove or circumvent protective measures against copyright infringements.

f) We are entitled to block the possibility to download the eBook again in accordance with section VII.4.c of these terms and conditions, insofar as we become aware that the customer is in breach of the aforementioned terms and conditions.

VIII Warranty

1.In the case of contracts for the delivery of goods, the customer shall be entitled to the rights and claims under the statutory law on liability for defects. Claims for liability for defects shall become statute-barred within 12 months of handover of the goods, unless longer limitation periods are mandatorily provided for by law.

2. In connection with liability for defects in software, it must be taken into account that error-free functioning of the software cannot be realised under all application conditions. Liability for defects is therefore excluded if the software is operated on a system which does not meet the minimum requirements stated on the packaging or in the documentation, unless the customer proves that the defect would also exist if the software had been used on a system which met these minimum requirements.

IX Liability

1.We shall be liable in accordance with the statutory provisions insofar as the customer asserts claims for damages or reimbursement of expenses which are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

2. We shall be liable in accordance with the statutory provisions if we culpably breach an essential contractual obligation; in this case, however, the liability for damages shall be limited to the typically occurring damage foreseeable at the time of conclusion of the contract.

3. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

4. Unless otherwise stipulated above or within our Terms of Use, liability - regardless of the legal nature of the asserted claim - is excluded. This applies in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for property damage pursuant to § 823 BGB.

5. The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Insofar as the liability for damages towards us is excluded or limited, this shall also apply with regard to the personal liability for damages of the aforementioned persons.

X Retention of title

1.In the event of the delivery of goods, the goods shall remain our property until full payment of all claims arising from the business relationship between us and the customer.

2. Insofar as the respective law in whose area the goods are located does not permit a reservation of title, we are entitled to exercise all rights that we can otherwise reserve to the goods. The customer is obliged to cooperate in all measures which we wish to take to protect our right of ownership or, in its place, any other security interest in the goods

XI Data protection

1.The required customer and delivery data will be collected, processed and stored by us in accordance with the provisions of German data protection law. The data will be used for the fulfilment of the contract and in this context will also be passed on to third parties where necessary.

2. The customer may object to the use of data going beyond the performance of the contract at any time in text form to us, e.g., by e-mail to datenschutz@persolog.com

3. In addition, our data protection declaration applies at https://www.persolog.de/allgemeine-geschaeftsbedingungen/datenschutz/.

XII Place of performance, place of jurisdiction and applicable law

1.The place of performance and jurisdiction for all obligations arising directly or indirectly from the contractual relationship is the location of our registered office in 75196 Remchingen. We are also entitled to take legal action at the customer's place of business.

2. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Status: May 2023

General Terms and Conditions of Use for digital memberships of persolog GmbH

I Scope

1.The following Terms and Conditions in their entirety apply to all offers, deliveries and other services regarding digital memberships within the "persolog Academy" in each case in the most current version. Our General Terms and Conditions of Use (hereinafter referred to as “Terms of Use”) shall also apply to all future business transactions.

2. Our Terms of Use apply exclusively. We do not accept any conflicting, deviating or supplementary terms and conditions of the contractual partner/purchaser (hereinafter only referred to as "Customer"), unless we have explicitly agreed to their validity in writing. Our Terms and Conditions of Use shall also apply if we provide our services without reservation in the knowledge of conflicting or deviating conditions of the Customer.

3. Our Terms and Conditions of sale shall only apply to companies within the meaning of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.

II Conclusion of contract

1.The contents on our homepage and in its other publications for presentation and/or advertising purposes do not represent a binding offer, but merely an invitation to the Customer to submit a binding offer. The Customer submits a binding offer to order the digital material and offers contained in the shopping cart by activating the "Buy now" button after having gone through the online ordering process. The offer can only be submitted if the Customer has accepted these Terms of Use by clicking on the "Accept General Terms of Use" button and thereby including them in his offer.

2. We will then send the Customer a confirmation of the order by email. The order confirmation represents the acceptance of the offer. The content of the contract is derived from it.

3. The obligations arising from § 312i section 1 sentence 1 no. 1 to no. 3 and sentence 2 BGB shall not apply.

III Requirements of admission, description of services

1.For ordering and using digital memberships, the Customer requires a valid e-mail address and a high-performance internet connection.

2. Connection fees for internet as well as any other costs arising from the conclusion of a mobile phone contract are to be borne by the Customer and are not part of the digital memberships.
The digital contents of the "persolog Academy" can be accessed and digitally used by customers via the "persolog Academy" website at onlineacademy.persolog.com.

3. Digital membership includes access to the "persolog Academy" website (onlineacademy.persolog.com) via PC/Mac/notebook, smartphones and tablets.

4. Temporary interruption of digital memberships is not possible.

5. The digital membership is private and refers exclusively to the authorized user communicated by the Customer. The transfer of rights to third parties is not permitted.

IV Digital content availability

1.The contents accessible via the internet are always available to the Customer. However, availability at any time 7 days a week and 24 hours a day is neither guaranteed nor assured.

2. In the event of temporary interruptions of supply due to necessary maintenance work or system‐ related internet disturbances at third‐party providers or third‐party user operators as well as in the event of force majeure, access may be temporarily interrupted.

3. There is no claim to certain contents. We are entitled to remove, change, improve and/or supplement provided contents at any time.

V Registration and access authorization

1.Digital memberships require the Customer’s registration. Thereby, the Costumer needs to name the person authorized to use the service with e‐mail addresses.

2. The Customer receives access data to access the digitally provided content. Access information must be kept in a safe place and may not be passed on to third parties. Use by third parties employed by the Customer is permitted, but only for a one‐time use for a limited period of time within the framework of a specific event of the Customer.

3. We may block or delete an access if it is misused or if illegal, anticompetitive, criminal or immoral acts are committed via the access.

VI Fees and payment modalities

1.The fees of our price list which was valid at the time of the conclusion of the contract shall apply.

2. If, after the conclusion of the contract, the digital contents of the membership are expanded more than only insignificantly, we are entitled to increase the fees appropriately, namely in proportion to the expansion that has occurred. The increase shall be in effect at the beginning of the second month after the month in which the Customer has received notification of the change. The Customer is entitled to terminate the contract for exceptional reasons within six weeks of being notified of the fee increase, with effect from the time the fee increase comes into force. If the Customer does not exercise this right and if the Customer was informed of this legal consequence when being informed of the fee increase, the contract shall be continued at the changed prices.

3. Unless otherwise stated in the order confirmation, our prices are exclusive of the statutory value added tax applicable at the time.

4. The billing of the contractual relationship shall be carried out by the service provider digistore24 or another payment service provider named by us before the order. The payment options and conditions provided there shall apply.

5. In the event of default by the Customer, we are entitled to block access to the digital membership until all due claims from the entire business relationship with the Customer, regardless of which legal grounds, have been settled by the Customer. Furthermore, we are entitled to demand default interest at the statutory rate. The assertion of further damages caused by default remains unaffected by this.

6. The Customer may only offset a claim against us if it is undisputed by us or has been legally established. The Customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The Customer is not entitled to exercise a right of retention due to partial performance in accordance with § 320 section 2 BGB.

VII Warranty and liability

1.The statutory warranty applies.

2. We repair technical defects on the "persolog Academy" website within a reasonable period of time. Our responsibility in this respect only extends to the transfer point of the systems operated by us to the internet, but not to the Customer's systems and data transmission lines beyond the transfer point.

3. We do not assume any guarantee for the contents. The Customer has no claim to specific content. We are entitled to remove, change, improve and/or complete provided contents at any time.

4. We apply the usual care for the selection and maintenance of the contents. However, we cannot guarantee the completeness, correctness and topicality of the contents.

5. It is the Customer's responsibility to report any defects, faults or damages immediately.

6. We shall be liable in accordance with the statutory provisions if the Customer asserts claim for damages or reimbursement of expenses based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damages.

7. We shall be liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; in this case, however, liability for damages is limited to the typically occurring damages foreseeable at the time of conclusion of the contract.

8. Liability for culpable injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

9. Unless otherwise regulated above or within our Terms of Use, liability is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.

10. The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of the aforementioned persons.

VIII Term and termination

1.The term of the digital memberships is specified in the respective contract. The term of the contract shall be automatically extended by the respective agreed term, unless the membership has been terminated in writing, i.e. in written or text form (e.g. letter, email, fax), by one of the contractual parties at the latest by the last day of the agreed term.

2. The right to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist for us in particular if (i) the Customer has repeatedly violated these Terms and Conditions of Use or other contractual obligations, either seriously or in spite of a warning from us, (ii) the Customer uses the access without authorization or allows it to be used by third parties, (iii) uses the digital contents in an illegal manner, (iv) the Customer does not meet his payment obligations in spite of two warnings, (v) the Customer's financial situation has significantly deteriorated or (vi) insolvency proceedings, at least provisional, have been opened against the Customer's assets or have been dismissed for lack of assets.

3. Upon termination of the contract, we will block the Customer's access to the digital memberships with immediate effect.

4. If the Customer is responsible for premature termination of the contract, we are also entitled to compensation for damages, which may also include compensation for special conditions granted to the Customer or to advertising third parties upon conclusion of the contract.

IX Amendments and transfers

1.Changes of the billing address, the ordered membership module or other data of the Customer must be communicated to us and can be considered at the earliest five days after receipt. Changes to the method of payment – with the exception of account changes – are only possible after the selected payment period has expired.

2. The transfer of membership to another customer requires our consent. A transfer request from both customers must be sent to us in text form. Our consent is deemed to have been given by the execution of the change.

X Copyright and industrial property rights

1.The content made available under the digital membership is protected by copyright or other intellectual property rights of us or third parties. For the use of the digital memberships, the Customer acquires, under the condition of payment of the owed and due remuneration, the simple, non‐exclusive, non‐sublicensable, non‐transferable to third parties and limited to the term of the contract, right to use the respective digital content for his own purposes for the duration of the contract, for himself and within the scope of his order and the individual contractual agreement, if applicable also for other authorized users. The right of use allows the Customer to read or view the digital contents.

2. Any use beyond that specified in section X.1 is excluded and requires the prior separate written consent of the respective holder of the rights, unless such use is permitted by mandatory legal provisions. In particular, the Customer or other authorized users are prohibited from copying the digital contents, even in part, removing copyright notices or brand names, modifying or changing the digital contents, copying the digital contents to other data carriers or networks, creating and using reproductions and any transfer, whether for payment or free of charge, making available or any form of commercial use. The Customer may not use any means to overcome or circumvent these measures.

XI Data protection

1.The necessary customer and delivery data will be collected, processed and stored by us in accordance with the provisions of German Data Protection Law. The data will be used for the fulfilment of the contract and in this context will also be passed on to third parties, if necessary.

2. The Customer may object to the use of data beyond the fulfilment of the contract at any time in text form, e.g., by email to datenschutz@persolog.com.

3. In addition, our data protection declaration applies: https://www.persolog.de/allgemeinegeschaeftsbedingungen/datenschutz/

XII Place of performance, jurisdiction and applicable law

1.Place of performance and jurisdiction for all obligations arising directly or indirectly from the contractual relationship is the location of our registered office in 75196 Remchingen. We are also entitled to take legal action at the Customer's place of business.

2. The law of the Federal Republic of Germany shall apply.

Status: Januar 2021

Conditions of participation for seminars in virtual reality
(VR seminars)

IScope

These terms and conditions apply
to participation in virtual reality seminars (VR seminars) of persolog GmbH in
addition to the General Terms and Conditions of persolog GmbH.

II Services of persolog GmbH

1.The persolog GmbH provides a trained master trainer and, if necessary, a co-trainer for the implementation of the VR seminar.

2. VR glasses are required to conduct the seminar and will be provided by persolog GmbH to the participant on loan and free of charge before the start of the seminar. Regarding the VR glasses, persolog GmbH cooperates with the company kabetec UG & Co. KG as a service provider.

3. The so-called VR rooms of the company Arthur Technologies GmbH or those of Glue Collaboration will be used as VR software. The necessary password-protected access is provided by persolog GmbH for all participants at the beginning of the seminar.

4. The seminar requires a high-performance internet connection of at least 50 Mbit/s. The internet connection to the VR goggles can be blocked by settings in the company network or router. The participant is therefore responsible for ensuring that he or she can guarantee the internet connection via a hotspot if necessary. Occasional fluctuations in the internet connection do not affect the implementation of the seminar.

5. If permanent technical faults caused by the VR glasses or the software used make it impossible to hold the seminar, persolog GmbH will provide the participant with an alternative date.

III Duties of the participant

1.After receiving the VR goggles, the participant ensures that the checklist sent in the registration confirmation as well as the FAQ are observed, and the instructions contained therein are implemented.

2. The participant observes the introductory video sent in advance by e-mail, including all information and safety instructions.

3. The participant shall ensure a functioning internet service (at least 50 Mbit/s) and is aware that there is no entitlement to reimbursement in the event of internet problems.

4. If software updates are published between the dispatch of the VR goggles and the upcoming VR seminar, the participant undertakes to download the corresponding update. In this case, the participant will receive a separate notification when operating the VR goggles. 

5. The participant undertakes not to pass on personal access data to the VR rooms provided to him/her to third parties. Participation in the VR seminar is only possible in person. Transfer to third parties is excluded.

iV Use at your own risk

1.The use of the VR glasses is at the participant's own risk and responsibility.

2. The participant shall ensure that he/she is in a physically and mentally sound condition that enables him/her to use the VR goggles. The simultaneous intake of alcohol, intoxicants or medications or agents that impair consciousness is prohibited. In case of doubt, the participant must consult a doctor and, if necessary, refrain from participating.

3. The participant ensures a safe use of the VR goggles in a secured environment. He/she shall ensure that he/she still has the necessary attention for his/her environment during the use of the goggles. The use of the VR goggles by the participant while simultaneously caring for persons in need of care (children, persons in need of care, etc.) is prohibited.

V Provision, dispatch and return of the VR glasses

1.The VR glasses will be made available to the participant on loan by persolog GmbH in a hygienic and functional condition. For this purpose, the participant shall provide a delivery address to which the VR glasses can be delivered safely and on time.

2. The VR glasses are shipped and returned via the service provider kabetec UG & Co. KG, 78136 Schonach, who is also responsible for the technical support regarding the VR glasses.

3. The participant shall ensure that the VR goggles can be received in good time by him/her or an authorised receiving agent.

4. The participant shall handle the VR goggles and the technical equipment provided with them with care and shall not damage them. In the event of damage caused intentionally or by gross negligence on the part of the participant, we are entitled to charge the repair costs and, if repair is no longer possible, the new purchase price.

5. After the end of the seminar, the VR glasses are to be returned free of charge by the participant via the service provider. A return note is enclosed in the package.

6. The participant shall ensure that the VR glasses can be collected by a parcel carrier from 8 a.m. on the day following the event. The enclosed return note must be enclosed with the return shipment. The VR goggles and the equipment supplied must be packed carefully. If the participant is prevented from returning the package, he/she can also hand it in at the respective parcel acceptance point using the enclosed return note and thus return the package free of charge. If the two free solutions are not used, the participant is obliged to return the glasses at his/her own expense by insured parcel to the service provider, kabatec UG & Co. KG, Hauptstraße 12, 78136 Schonach. The consignment number must be sent to the following address: Bernd Kaltenbach, bk@kabetec.de.

7. If the equipment is not returned on time, we are entitled to charge rental fees of € 9.00 per day plus VAT from a period of 2 days after the event. If the equipment is not returned within 5 working days of our request, we shall be entitled to demand compensation. This amounts to the amount of the replacement costs. The participant is entitled to prove that we have suffered less damage.

Status: June 2021