Terms & Conditions
- The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
- A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
- A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your web site and mobile app.
- A Links To Other Web Sites clause will inform users that you are not responsible for any third party web sites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
- If your website or mobile apps allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA take down notices received and you will take down the content.
- A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.
General Terms and Conditions 1. scope of application These General Terms and Conditions (the "GTC") apply to the conclusion of contracts between macils. management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart (hereinafter referred to as "macils") and users or customers of the platform Share2Perform. The offer of the platform "Share2Perform" is directed to entrepreneurs in the sense of § 14 BGB (hereinafter referred to as "entrepreneurs"), as well as to consumers in the sense of § 13 BGB (hereinafter referred to as "consumers"). 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. An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. All deliveries and services within the scope of the platform "Share2Perform" are provided by macils. management-centrum gmbh exclusively on the basis of these General Terms and Conditions. We do not recognize general terms and conditions of the customer that deviate from these general terms and conditions in whole or in part, unless we have expressly agreed to them in writing. These General Terms and Conditions shall also apply exclusively if we render our services without reservation in the knowledge of conflicting General Terms and Conditions of the customer. Macils is entitled to change or amend these General Terms and Conditions with a reasonable period of notice. The customer has the right to object to such a change. If the customer does not object to the changed terms and conditions within 4 weeks after receipt of the change notice, they will become effective according to the announcement. 2. the platform 2.1 The Platform is accessible on the Internet at https://www.share2perform.com and, if applicable, via software applications that Share2Perform makes available for use with computers and mobile devices (Apps). 2.2 Share2Perform makes the working world of the future tangible. The platform offers training and learning content from our selected best practice partners as well as learning journey events. Some of the content can be accessed digitally (e-learning), some is offered as a livestream at specific times (events and learning journeys) and some can be booked as live events and attended on site (learning journeys, trainings and events). 2.3 Users can register for their own password-protected area on the Website ("User Account"). The user must keep his access data to his user account secret and may not pass them on to third parties. Users are obliged to provide all data required for registration and use of the platform completely and truthfully and to update this data in the event of changes. 3. contractual partners & roles 3.1 Individual users are customers of our platform who have created a user account. Different products can be purchased and stored in this account. The respective access authorizations or participations are limited to this person as a user. 3.2 Companies are customers who use offers of the platform with several employees. For this purpose, a registered coordinator can create users or register participants for events on behalf of the company within the scope of the agreed licenses. 3.3 Best Practice Partners provide content for the platform. They actively participate in the exchange of experience and provide insight into their own implementation work. They provide their experiences, documents and methodological know-how via the trainings, e-learning and events. They train and coach the member companies in the implementation. 3.4 Macils coordinates the best practice sharing between all participants on the Share2Perform platform, organizes and moderates the events and the exchange of experiences and takes over the organizational management and further development of the learning journeys. 4. contents and products 4.1 E-learning: In the area of e-learning, the platform provides content as downloadable courses. These consist of videos, texts, presentations and accompanying material. The content can be available on the platform permanently or only for a limited period of time and is regularly supplemented or replaced by macils with new content. In the course of further development of the platform, the categories will also be adapted. The services of Share2Perform therefore do not include providing certain content or a certain amount of content permanently. The retrieval of content takes place exclusively via the corresponding functions of the platform. For this purpose, the User shall conclude a corresponding subscription. 4.2 Events: In the Events section, events of learning journeys, management meetings, trainings and transfer workshops are offered. This offer is partly broadcast in live stream, partly offered as on-site events for visitors. Memberships are required to attend learning journeys events. 4.3 Individual Events: In some cases, events and trainings are offered as individual events. These can also be booked individually. 5. purchase of content 5.1 With the creation and login of a customer account macils concludes a usage contract for the platform Share2Perform with the customer. This contract runs for an indefinite period of time, unless otherwise specified. Unless otherwise specified, the customer is entitled to terminate the user contract without giving reasons. After termination macils may delete the customer's user account with all content and services he may have posted. The customer then also has no access to already purchased contents anymore. If the customer still has a running subscription at the time of the deletion of his account or has booked an additional service whose term has not yet ended, any amount already paid by him will not be refunded - not even proportionally. Macils is entitled to terminate the user contract without giving reasons with a notice period of two weeks in text form. Paid services will be refunded proportionally. 5.2 Subscriptions Share2Perform offers subscriptions with different terms. The current price and subscription models for the purchase of Content and the respective scope of services can be found on the website www.share2perform.com. Unless otherwise stated, all prices are in euros plus the applicable sales tax. Subscriptions are concluded exclusively via the corresponding functions of the platform. For this purpose, a user enters all data required for the conclusion into the respective masks and completes the registration by pressing the correspondingly labeled button. The user will then receive an e-mail confirmation of the conclusion of the subscription. Subscriptions shall have the initial term specified on the platform when they are concluded. Unless it is terminated by the User or macils in text form (e.g. by e-mail) no later than 14 days prior to the expiry of the initial or extended term, the subscription shall be automatically extended by the period of the respective initial term, but in no case by more than one (1) year. Legal rights of both parties to extraordinary termination for cause remain unaffected. The payment process for the specified subscription is carried out by means of the payment options specified on the platform via external payment service providers to which the user may be forwarded by the platform. The prices for subscriptions may be changed by macils with a reasonable notice period of at least one month. If the customer does not object to this change within this period, the change shall be deemed approved. 5.3 Use of the content The content is made available to users via their user account on the website and, where applicable, in the apps as a video stream. To play the video streams, there may be technical requirements that must be met by the user's terminal device, software and Internet connection. The download and permanent storage of the content on end devices of users are not permitted. Macils or its licensors are the sole owners of all rights to the website, the apps and the content offered via the platform. Within the scope of the subscription, members receive a limited, non-exclusive, non-transferable and non-sublicensable right for the duration of their membership to access and view the content available on the platform in each case on their end devices without modification within the scope of the technical possibilities provided by the platform for their own purposes. Users are prohibited from copying the content (in particular by circumventing any existing copy protection) and making it available to third parties for use in any form online or offline. 6 Participation in events 6.1 Booking of events. A membership is required for participation in learning events. These memberships regulate the number of participations in different events as well as the number of persons participating. Companies appoint a coordinator who can book events and participants on the platform. Individual users (consumers) can book events in their account. Individual events and workshops can be booked on the platform individually even without membership. Share2Perform provides the Customer with detailed information on the event, in particular on the scope of services, price and booking deadline, prior to booking. Insofar as the booking documents do not contain any provision, these GTC shall apply. As far as provisions in the booking documents differ from those of the present GTC, the former shall apply. The contract between macils and the customer regarding the participation in the event is concluded by macils confirming the customer's booking in text or written form. Macils sets a minimum and a maximum number of participants for all events. If there are more bookings than available seats, macils decides about the participation according to the order of receipt. As the events provide deep insights into the procedures of the best practice partners, macils explicitly reserves the right to refuse participation for competitive reasons. The amount of the participation fee can be found in the booking documents. 6.2.Cancellations of the customer In case of cancellation by the customer up to 4 weeks before the event, a handling fee of 80,- € plus VAT will be charged. Thereafter, or in the event of non-appearance of the participant, the full participation fee will be charged. A substitution of the registered participant is of course possible. If possible, please inform us of the name change in advance. The customer cannot cancel the booking of learning trips and annual programs. 6.3 Changes and cancellation of events Macils reserves the right to change the event within reasonable limits for the customer, especially to replace announced speakers with others or to change the venue. Macils reserves the right to cancel the event for valid reasons, e.g. due to the prevention of a speaker, disturbances at the event location, closure of the event location, official orders or decrees or force majeure. In case of cancellation of an event macils will refund the paid participation fee. Further claims are excluded. In particular, macils will not reimburse possible costs in connection with services that the customer or participant has booked with other service providers (e.g. hotels, tour operators) in connection with the event. 6.4 Personal rights During our events, photographs are taken and, if necessary, filmed. By taking part in the event, the customer or participant agrees that photographs and films may be taken of him or her during the event and that these may be used without restriction and free of charge in all known and unknown ways. The consent is not limited in time and space. 6.5 Confidentiality declaration All persons involved in events must treat all information, business transactions and documents that become known during the performance of the tasks as confidential towards third parties. This obligation shall remain in force even after the event has ended. The workshop documents as well as other electronic contents provided, e.g. source code within the scope of exercises etc., contain information and contents protected by copyright and may not be used for purposes other than the execution of the workshops as well as knowledge enhancement of the participants. They may not be reproduced, processed or used for public reproduction without written permission. Participants are not allowed to take photos or make video or audio recordings of the events. 7. payment Share2Perform offers different payment methods to the buyer. These are: Paypal, credit card payment with Master or Visacard, electronic direct debit, instant bank transfer or bank transfer. If the customer purchases a subscription or a product or service that involves partial payments, then this is considered a direct debit authorization that the customer gives us. The amount of payments to be made depends on the product purchased. The payment is due before the performance period. The prices and the agreed payment period are always clearly stated on our order form. In this case, this direct debit authorization is valid for the respective payment method used. By mutual agreement, payment by invoice can be agreed. In the event of a revocation of the contractual declaration by the customer in accordance with § 7 or in the event of a reversal of the contract for other reasons, we shall refund the purchase price already paid. For this repayment, we use the same means of payment that was used in the original transaction. In the case of issuing a SEPA mandate, simultaneous chargeback by the buyer is therefore not necessary. 8. obligations of the customer 8.1 The customer assures that the information provided by him is correct and complete. He commits himself to inform Macils immediately about any changes of the contact data and other data necessary for the execution of the contract (e.g. bank details). 8.3 The customer manages his passwords and other access data conscientiously and takes care to keep them secret. He is obliged to change his passwords regularly, if they are assigned to him he will change them immediately. 9 Warranty and Liability 9.1 The customer has to report defects to Macils immediately and to support Macils in a possible removal of defects to the best of his ability, especially to take all reasonable measures for data security. 9.2 Macils points out that according to the current state of technology it is not possible to create hardware and software in such a way that it works error-free in all application combinations or can be protected against any manipulation by third parties. Macils does not guarantee that hardware and software used or provided by Macils will meet the customer's requirements, will be suitable for specific applications, and further that it will be crash-, error- and malware-free. 9.3 Macils is liable, no matter for which legal reason, only according to the following regulations. 9.4 Macils is liable for intent and gross negligence according to the legal regulations. 9.5 In case of slight negligence, Macils is only liable in case of violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place, and on the compliance of which the customer may regularly rely (cardinal obligation). In these cases Macils is only liable to the amount of the foreseeable, contract-typical damage. 9.6 In cases of slight negligence, liability for all other damages, especially consequential damages, indirect damages or loss of profit, is excluded. 9.7 The above limitations shall not apply in the event of injury to life, limb or health, or in the event of liability under the Product Liability Act. 9.8 As far as the liability of Macils is excluded or limited, this also applies to the liability of employees, other staff, representatives and vicarious agents of Macils. 9.9 In the scope of application of the Telecommunication Act (TKG) the liability regulation of § 44a TKG remains unaffected in any case. 9.10. Macils does not guarantee that the service offer of the platform is continuously available and is in no way liable for failures of the platform of any kind. 10. data protection Share2 Perform processes personal data of the User / Customer and, if applicable, of the Participant in accordance with the data protection provisions, which can be accessed in their current version at www.share2perform.com. 11. right of revocation for consumers 11.1 Cancellation policy for the delivery of digital content If the customer is a consumer, he has the following right of withdrawal: You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (macils management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart, firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 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 for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 11.2 Cancellation policy for the provision of services If the buyer is a consumer, he has the following right of withdrawal: You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (macils management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart, email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 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 for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to the contract compared to the total scope of the service provided for in the contract. 11.3 Sample cancellation form If you wish to revoke the contract, please fill out and return this form. To macils management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart, Germany, firstname.lastname@example.org. - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the 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. Choice of Law / Miscellaneous 12. final provisions 12.1 German shall be the sole language of the contract. 12.2 Place of jurisdiction and place of performance for all services is, as far as legally permissible, Stuttgart. German law shall apply. 12.3 Changes to contractual agreements made must be in writing. 12.4 If individual provisions of the General Terms and Conditions or the concluded contracts are or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provisions or to fill any gaps, an appropriate provision shall be made which comes closest to what the parties intended according to their economic purpose. 12.5 The Share2Perform platform is operated by macils management-centrum gmbh Waldburgstr. 173 D-70565 Stuttgart Registration number 16294 Register court Stuttgart In these GTC's the terms "Share2Perform" and "macils" are both used as contractual partners. Thereby Share2Perfrom is the platform and macils the operating company. Status of the GTC November 2020