Terms & Conditions

Use of pocketproject.org

Section 1 Scope of application

(1) These General Terms and Conditions (GTC) shall apply to all contracts entered into via the platform https://registration.thomashuebl.com

between

Sharing the Presence e.V./PP

Wardenburgerstr. 24

26203 Wardenburg

Phone 04407 716094

Email: info@pocketproject.org

www.pocketproject.org

– hereinafter also referred to as “provider” –

and the customers referred to in Section 2 of these GTC (also referred to as “participants”).

(2) The GTC shall apply exclusively. The version valid at the time of application shall be decisive.

Section 2 Conclusion of the contract

(1) The customer may select a course via the website of the provider and register. By registering, and then clicking on “Order and Pay” and then paying, the customer submits a binding application to conclude the contract for participation in the course. Before submitting the registration, the customer may change and view the data at any time. The customer may select a Public Call or an International Lab, and register without payment. 

(2) The provider will then send the customer a confirmation of the registration and, where applicable, payment by email which the customer can print out using the “Print” function. The contract text (consisting of order, and the policies agreed to by the customer upon registration, these might be GTC, Health Declaration, Privacy Policy & Privacy Policy for Courses, Right of Revocation) will be sent to the customer in this email or in a separate email. The text of the contract is stored while maintaining data protection. 

(3) We provide an online platform for the intermediation of appointments between users and external consultants and facilitators. The services shall be provided by the consultants/facilitators at their own discretion. The service offered by Sharing the Presence/PP shall be solely limited to the provision of the technical platform for the intermediation of appointments free of charge and to the transmission of the data provided by the user to the external consultants selected by the user. Sharing the Presence/PP shall not act towards the user as a broker nor as any other kind of agent. In particular, Sharing the Presence/PP shall not be liable to the user for the transmission or a successful brokerage.

(4) The content and scope of any services that may be agreed between the user and the consultant shall be determined by the respective agreement entered into by and between the user and the consultant; any such agreement shall be subject to separate terms and conditions. Sharing the Presence/PP shall not be liable for any services related to an agreement entered into by and between the user and the consultant/facilitator.

(5) The sole person to talk to in connection with the agreement between the user and the consultant, e.g. as to the arrangement of appointments, contract execution or warranty claims, shall be the consultant/facilitator concerned in each case.

Section 3 Prices, terms of payment, cancellation

(1) All prices indicated on the provider’s website include the applicable statutory value added tax.

(2) Travel and overnight stays shall not be included in the price, unless expressly provided otherwise.

(3) The course fee is paid through credit card via Stripe or via PayPal at the choice of the participant. 

(4) The participant shall be entitled to withdraw from the contract in accordance with the following conditions until the beginning of the event (cancellation). Cancellation must be made in text form. Cancellation free of charge ends three months before the start of any event. The date of receipt of the cancellation by the provider shall be decisive. The registration of a substitute participant is not possible. For cancellations by the participant received by the provider at least eight weeks before the start of any event, the provider will charge the participant a processing fee of EUR 100 (including statutory VAT). In the event of cancellations received later, but before the start of the course, by the provider, the provider will charge the participant a handling fee of 50% of the course fee. If a participant fails to attend the event or leaves the event early, the full course fee is charged.

(5) Legal rights of withdrawal, the right to terminate for good cause and the statutory right to withdraw from the contract shall remain unaffected by the provisions above.

Section 4 Health condition of the participant

(1) In addition to the conclusion of the contract, the provider is entitled to make the participation dependent on the health condition of the participant. The participant is required to read and declare their state of health by clicking the Health Declaration at the time of Registration and payment of any course. 

Section 5 – Minimum Age

Users must have a minimum age of 18 years in order to use the services provided by us on the Website.

Section 5 Cancellation of events (rescission), termination and exclusion of participants

(1) The provider reserves the right to cancel the event due to insufficient demand and / or number of participants (less than 20 participants) no later than ten days before the scheduled event date or for reasons of force majeure, such as the sudden illness of the speaker, due to short-term prevention or non-appearance of the speaker through no fault of the latter without the possibility of using a substitute speaker. Participation fees already paid by the participant will be refunded. The participant shall be informed of this without delay. If the event can take place in part only, the fee shall be owed according to the ratio of the partial service already rendered at the time of cancellation of the event to the total scope of the contractually intended service, unless the calculation of the partial service rendered would be unreasonable for the participant, in particular if the partial service rendered is of no value to the participant.

(2) For any damage which the participant incurs due to a cancellation of the provider, the provider shall only be liable under the conditions and within the limits of the provisions of the section “Exclusion and limitation of liability” (Section 7 of these GTC).

(3) The provider shall be entitled to terminate for good cause. Good cause exists in particular in the following cases:

– In case of justified doubts about the health suitability of a participant to participate in an event; this applies in particular to physical or mental illnesses, the taking of medication or the consumption of drugs or intoxicants, which might entail a danger to the participant’s or other’s wellbeing on the course;

– In case of conduct in violation of the community, other participants and the Pocket Project Values at events despite prior warning and threat of termination by the speaker or facilitators of the course, in particular in the event of disruption of the event by disturbance or by querulous behaviour;

– Offenses of any kind against the speaker, other participants, or the provider and its staff;

– Discrimination against persons on grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity;

– Abuse of the event for party political, ideological or agitatorial purposes.

Instead of a termination, the provider may also exclude the participant in whole or in part from the event. The provider’s claim for remuneration shall not be affected by such termination or exclusion.

Section 6 Online participation

Our public calls, courses,  and other events are usually run online. The course fee shall include access to the booked offer at least for the period of the course. Unless otherwise agreed, the participant shall be provided with a participation right from the start of the relevant workshop. The creation of the necessary conditions for the use of the offer – in particular a sufficient connection to the Internet, use of a current Internet browser, a functional loudspeaker and, if necessary, a microphone – is the responsibility of the participant.

Section 7 Change reservations

The provider shall be entitled to make necessary changes or deviations in terms of content and organisation before or during the event for justifiable reasons, provided that these do not substantially change the content of the announced event and are reasonable for the participant. Furthermore, the provider shall be entitled to replace the scheduled speakers if necessary (e.g. illness, accident and other short-term prevention) by other persons who are comparable with regard to the announced topic, unless the change is not reasonable for the participant.

Section 8 Exclusion and limitation of liability

(1) The participant’s claims for damages shall be excluded. Excluded from this are claims for damages by the participant arising from injury to life, limb or health or from the breach of essential contractual obligations or due to non-compliance with a guarantee given by the provider or due to fraudulently concealed defects as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and compliance with which the contractual partner may regularly rely on.

(2) The provisions of the Produkthaftungsgesetz [German Product Liability Act] shall remain unaffected.

(3) The restrictions of Para. 1 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

Section 9 Copyright, and Other Intellectual Property Rights, Responsibility for Third-Party Contents

(1) The contents available on the Course Website are protected by copyright or other intellectual property rights. Any related rights shall be reserved. The user shall be bound to comply with existing copyrights and ancillary protection rights and undertakes to refrain from any infringement thereof.

(2) The user may access, use and in case of authorised download store the contents of the online services offered by Sharing the Presence/PP solely for user’s private use. The applicable standard in this respect shall be the definition as provided by Section 53 of the German Copyright Act [UrhG].

(3)The offers of the provider are protected and may not be recorded, filmed, reproduced or distributed, even in part, without the consent of the provider. The provider reserves all rights. The rights of third parties, in particular the speakers, shall remain unaffected by this.

(4) The user shall not be authorised to modify, reproduce for, disclose to, transmit to third parties, sell or use in any other commercial form any items made available for streaming. Copyright information or brand names must not be altered nor removed.

(5) The contents available on the Website have been created partly by Sharing the Presence/PP and partly by third parties such as the consultants. Concerning the third- party contents, Sharing the Presence/PP will conduct no checks for completeness, correctness and lawfulness and shall therefore not assume any liability or warranty for the completeness, correctness and lawfulness of any such contents. This also and specifically applies with respect to the quality of any such third-party contents and their suitability for a particular purpose. The same shall apply accordingly for any linked third-party websites.

Section 10 No provision of treatment services

The contract between the provider and the participant is not the object of reducing physical or mental human suffering or remedying its cause. The events of the provider are expressly not intended to prevent, recognise, cure or alleviate diseases, suffering, bodily harm, physical complaints or mental disorders of a pathological or non-pathological nature. In particular, the provider does not provide any medical history, no assessment of findings, no diagnosis, no therapy and no individual risk assessment of the participant.

Section 11 Final provisions

The contractual relationship between the provider and the participant shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the private international law.

(Status, 24/02/2021)

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for Online Dispute Resolution (ODR) at the URL: https://ec.europo.eu/consumers/odr. We are not obliged and not willing to participate in a dispute settlement procedure before a consumer arbitration body.

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