Terms and Conditions

Scope and Objective

1. Our terms and conditions shall apply to contracts between us, Innovativkonzept GmbH, Bruchhöfen 4, 27305 Bruchhausen Vilsen, Germany („Supplier”) and individual or corporate clients and trainees or other customers (“Clients” and “Trainees”, together with the Supplier, the “Parties” or individually the “Party”) for the purchase of coaching products offered through the Supplier’s website. For details on the individual coaching products Clients and Trainees may refer to the description of the coaching product on the respective webpage
2. These terms and conditions apply to consumers as well as businesses unless an individual clause includes a differentiation between the two
3. The legal and contractual relationship between the Supplier and the Client or Trainee is governed exclusively by these terms and conditions. The Supplier objects to any contradicting terms and conditions provided by the Client or Trainee. Terms and conditions provided by the Client or Trainee shall not be applicable even when not having been objected to individually and specifically.

Conclusion of Contract

1. A contract regarding the use of the coaching products and access to the coaching materials shall be established upon completion of either one of the following processes:
   1. The Client or Trainee may send a contact request via the contact form on our website. It should include a reference to the coaching product that the Client or Trainee is interested in. Thereafter the Supplier will prepare an individualized offer to be sent to the email address of the Client or Trainee. This offer constitutes a binding offer. The Supplier will be bound to that offer for 7 days. A contract is formed as soon as the Client or Trainee expressly accepts the Supplier’s offer either in writing or via mail.
   2. Certain courses and coaching products may be booked directly on the Supplier’s website. Courses and coaching products displayed for direct booking on the Supplier’s website constitute binding offers. The Client or Trainee may book such course by completing the booking process via click on the button “buy now”.
2. The terms and details of each contract will not be saved and stored by the Supplier

Prices and Conditions of Payment

1. All prices do not include value added taxes (VAT) or other applicable taxes, unless otherwise stated. If applicable, VAT or other taxes that may be incurred must be added to the prices quoted.
2. Payments for directly booked coaching products are due immediately. Clients and Trainees may select the following payment method:
   1. Credit card (Mastercard or VISA)
      In case of the credit card payment being refused by the issuing bank, the Customer is obliged to pay within a period of 10 days after formation of the contract the invoice amount plus all costs incurred due to the refusal of the credit card payment.
3. Payments for coaching products for which the Supplier has sent an individual offer are due prior to the activation of the courses. Costs for the transfer of the amount stated in the offer or invoice shall be covered by the Client or Trainee.
4. Payments for flat rate access or bundle rate access to the coaching materials are due upfront at the beginning of each year of access. Clients and Trainees may transfer the respective amount in advance to the bank account of Supplier.
5. Other methods of payment are not accepted.
6. In Cases of default of payment the relevant provision in German law shall apply.
7. The Client or Trainee shall have a right of retention or right of setoff only regarding those counter-claims that are not disputed or that have been recognized by declaratory judgment or that originate as reciprocal obligation from the same contract as the Supplier’s claims unless the counter-claim relates to a breach of material contractual obligations by the Supplier. If the Client or Trainee is deemed a business in the sense of section 14 of the German Civil Code (BGB), the Client or Trainee may exercise a right of retention only if the counterclaim is based on the same contractual relationship.

Coaching Material – Coaching Process – System Requirements

1. The Client or Trainee will get access online to all study materials regarding the courses purchased by the client or trainee for a period of 12 months after entering the contract, unless otherwise agreed upon. Access will be granted by registering a personal account for each Client and/or Trainee. The registration process requires a valid email address of the Client or Trainee or a user code(username/password combination) provided by the supplier. The personal account login data will be sent to the email address of the Client or Trainee. The login data must be kept secure and shall not be given to any third party. Personal accounts may be blocked or deleted if a Client or Trainee is in breach of the foregoing obligation.
2. A steady internet connection and a laptop or computer are required for the coaching materials to be displayed correctly.
3. The coaching material is available on an e-learning platform optimized for Internet Explorer version 11 or higher, latest versions of Mozilla Firefox, Chrome, Opera mini and Safari browsers.
4. The Client or Trainee shall complete the coaching materials independently. Guidelines by the Supplier as to the order of completion of the material are mere advice.
5. The Client or Trainee may choose at any point in time to complete a test for individual parts or the entirety of the content covered in coaching materials. Only the tests displayed in the personal account are available. Upon completion of a test with at least 80 % correct answers, the Client or Trainee will receive a certificate certifying the successful completion of the tested course.
6. The supplier retains the right to authorize third-parties to fulfill the obligations under this contract and to provide individual or all the services and products that the supplier is obliged to provide under the contract. The Client or Trainee accepts that such third-parties may have their registered office outside of the European Union.
7. Anonymised statistics of the e-learning platform are forwarded to KFW and DEG for evaluations of feedback and user behaviour. If the client or trainee is also a DEG or KFW client, DEG or KFW can request to access the anonymised training results.

Toolboxes and Additional Material

1. The Client or Trainee may purchase further tools and material either provided by the Supplier or third party services. Any such offers that require an additional purchase are clearly labeled.
2. If such offer redirects the Client or Trainee to a third party website, a contract for the purchase of that product can only be formed on that third party website and only with the third party. In such cases the Supplier acts only as an intermediary and will not be party to that contract. The supplier is not liable for tools and products designed and offered by third-parties.

Contract Duration – Termination

1. Unless otherwise specified, contracts allowing access to the coaching materials will terminate automatically after 12 months. Clients or Trainees wishing to have further access must renew their contract.
2. Clients and Trainees may at any point in time choose to delete the individual account even before a booked coaching product term ends. However, no payments received by the Supplier will be reimbursed in the latter event. Upon deletion of the account, all data connected to that account will be deleted irreversibly unless the Supplier is held by law or order of a public authority to store such data.

Obligations of Clients and Trainees

1. Only complete and accurate data may be transferred to the supplier or entered into input masks on webpages of the supplier. Clients and Trainees are responsible for the accuracy and completeness of data entered by the Client or Trainee into the input masks on the Supplier’s input masks or the input masks of the payment service provider. The Supplier may refuse the processing of any inquiry if the data entered by the Client or Trainee is inaccurate, incomplete or insufficient. The Supplier reserves the right to recover from the Client or Trainee any damages caused by the Client’s or Trainee’s deliberate entering or transmitting of inaccurate data.
2. Single-user licenses may only be used by one user. The supplier retains the right to terminate the contract and to refuse access to any materials if the client or trainee has granted access to the single-user license to a third person or entity
3. All property rights, rights of use and intellectual property rights regarding content, display, logos, graphics and pictures on the supplier’s webpages, software and databanks remain with the supplier or the respective holder. The reproduction, transfer, publication or other use of parts of the content or the content in its entirety requires prior written consent be the Supplier. The Client or Trainee will be liable for any damages incurred by the supplier due to claims by third parties based on a violation of any of these rights by the Client or Trainee.

Exclusion of Liability

1. The Supplier does not offer any formal warranties in the legal sense. The coaching products are guidelines and outline good practices but do not guarantee a specific result or profit.
2. Claims for damages by the Client or Trainee shall be excluded subject to the exceptions set forth in the following. The exclusion of liability does not apply in cases of statutory obligatory liability, especially in cases involving the Supplier’s intentional or grossly negligent breach of duty or intentional or grossly negligent breach of duty of a vicarious agent or representative of the Supplier. In such cases, the liability is limited to typical and foreseeable damages. The exclusion of liability also does not apply in the event of injury to life, limb and health of the Buyer or in the event of a material breach of contractual obligations, which reasonably must be performed to achieve the objective of the contract. In all other cases the Supplier shall not be liable for damages.
3. The exclusion of liability applies also to claims for damages brought forward by a Client or Trainee against vicarious agents or representatives of the Supplier.
4. The Supplier’s website includes links and references to websites of third parties. These websites are not administered or run by the Supplier. The Supplier has no influence on what content is displayed on those third party websites. The Supplier is not liable for any of the content on those third party websites nor does the Supplier adopt the content or views displayed on the third party website. The Supplier does not assess the content of third parties’ websites. The Supplier is not aware of any breach of law due to the content of the linked third party websites.

Forms of Declarations

All legally relevant declarations regarding the contractual relationship of the Client or Trainee and the Supplier shall be made in text form

Jurisdiction and Applicable Law

1. The Law of the Federal Republic of Germany shall exclusively apply to all legal relations between the Client or Trainee and the Supplier unless consumer protection rules in the Client’s or Trainee’s home country or country of permanent residence offer superior consumer protection (Art. 6 VO [EG] 593/2008). The applicability of the United Nations Sales Convention shall be excluded. These stipulations shall also apply if the Client or Trainee is a foreigner or its registered office is located abroad.
2. The statutory provisions in German law regarding jurisdiction shall apply unless otherwise specified in the following.
3. Provided the Client or Trainee is an enterprise, a legal entity or a special public fund, or has no general place of jurisdiction within the Federal Republic of Germany, or changes its general place of jurisdiction or place of residence to a place outside of the Federal Republic of Germany, or its place of residence is not known by the time the complaint is filed, the Supplier’s place of registered office shall be the sole place of jurisdiction for all disputes arising from the contractual relationship. This shall also apply if the place of residence of the Client or Trainee is unknown at the time of an action being filed.

Implementation of the Directive on Alternative and Online Dispute Resolution

1. The European Commission provides a platform for alternative and online dispute resolution regarding consumer contracts, which can be found here: http://ec.europa.eu/consumers/odr/.
2. The email address of the Supplier is mail@sustainability.training.