Status: March 2021
- Greator GmbH, Brüsseler Str. 89-93, 50672 Cologne, Germany, registered in the Commercial Register of the Local Court of Cologne under HRB 77486 (hereinafter "Greator"), organizes seminars, lectures, courses, coachings, consultings and other events (hereinafter collectively "Events" or individually "Event“).
- Greator distributes online digital content, e.g., coaching videos, workbooks, voice memos (collectively "Content“).
- These General Terms and Conditions ("GTC") govern the business relationship between Greator and its customer (“Customer”). Part A applies to all contracts covered by these GTC. Part B contains special provisions for contracts concerning participation in events. Part C contains special provisions for contracts concerning the purchase of Content.
A Common provisions
- Right of revocation for consumers: revocation instructions and sample revocation declaration
- If the Customer is a consumer, he has the right to revoke the contract within 14 days without giving reasons. The revocation period is 14 days after receipt of the booking confirmation. In order to exercise his right of withdrawal, the Customer must inform Greator of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). For this purpose, the Customer may use the model revocation form reproduced below, Section 2.3, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that the Customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period to one of the following addresses:
Brussels St. 89-93
- If the Customer revokes the contract, Greator shall repay to the Customer all payments received by Greator from the Customer without undue delay and no later than within fourteen days from the day on which Greator received the notification of the Customer's revocation of the contract. For this repayment, Greator will use the same means of payment that the Customer used in the original transaction, unless Greator and the Customer have expressly agreed otherwise; in no case will Greator charge the Customer any fees because of this repayment.
- The Customer may use the following sample cancellation:
Brussels St. 89-93
I hereby revoke the contract concluded by me with booking of [...] and confirmation of Greator of [...] for participation in the event/booking of the subscription [note to consumer: please insert appropriate details].
[name of the consumer
Address of the consumer
Signature of the consumer (only in case of communication on paper).
- A significant deterioration of the Customer's financial situation which becomes known to Greator only after the conclusion of the contract and which jeopardizes Greator's claim to counter-performance entitles Greator to immediately call in all claims. Greator is then also entitled to demand advance payment for further services owed and/or, in the case of contracts with entrepreneurs, to withdraw from the contract without setting a deadline or, in the case of contracts with consumers, to withdraw from the contract after the fruitless expiry of a reasonable deadline.
- Statutory provisions on the termination of contracts shall remain unaffected.
- In the following cases, Greator's liability is limited to the damages foreseeable at the time of the conclusion of the contract, which typically arise in the performance of contracts of this type:
- in the event of a culpable breach of cardinal obligations, insofar as this is not due to gross negligence or intent, as well as
- in the event of grossly negligent breach of other obligations, except in the case of gross negligence on the part of a legal representative or vicarious agent of Greator.
- Except in the case of intent or gross negligence on the part of Greator, its legal representatives, executive employees or other vicarious agents, Greator's liability for all damages is furthermore limited to the sum of the participation fee per damaging event.
- Greator is not liable for the timeliness, accuracy and completeness of the event documents or Content.
- All of the aforementioned exclusions and limitations of liability shall not apply to claims under the Product Liability Act (Gesetz über die Haftung für fehlerhafte Produkte - Produkthaftungsgesetz), in the event of intent, fraudulent concealment of defects and for damages arising from injury to life, limb or health.
- Intellectual Property
All hand-outs, slides, presentations and other documents received by the Customer or participant in connection with the Event ("Event documents") as well as Content are protected by copyright and, if applicable, by other intellectual property rights (trademark, patent, design, etc.). Greator grants the Customer or participant a simple, non-transferable right of use to the protected Content for personal use. In particular, it is not permitted to edit, reproduce, distribute, exhibit or publicly reproduce event documents or Content - even in part - for example by making them publicly accessible ("posting on the Internet").
- Changes to the GTC
- Greator reserves the right to amend and adjust the GTC with effect for the future if this is necessary due to changes in the legal, regulatory or technical framework conditions and the amendments are reasonable in good faith, taking into account the legitimate interests of the Customer.
- Greator will notify the Customer of the changes by e-mail no later than two weeks before the planned entry into force of the new version of the GTC. If the Customer does not object to the validity of the new GTC within this period and (a) he or the participant takes part in the event or (b) he continues to receive Content, the new version of the GTC shall be deemed accepted. In the event of an objection, Greator expressly reserves its rights of termination. Greator will again separately inform the Customer of his right to object, the deadline for exercising it and the legal consequences of silence and objection.
- Data privacy
- General provisions
- Unless otherwise stipulated, declarations as well as amendments and supplements to the contract must be made in writing. Any waiver of the written form requirement must also be made in writing.
- For declarations to Greator in text form, the Customer must use the e-mail address specified in the booking documents.
- These GTC as well as the contracts concluded between Greator and the Customer are exclusively governed by the laws of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods (CISG). Mandatory statutory provisions of consumer protection in the respective national law applicable to the Customer remain unaffected.
- The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with contracts with entrepreneurs first out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/
Greator is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship including these GTC, also concerning effectiveness, termination and cancellation, is - if the customer is an entrepreneur - Cologne.
B Participation in events
- Booking and conclusion of contract
- The Customer can book participation in an event for himself or for one or more third parties.
- If the Customer books participation for a third party, the contract is concluded between the Customer and Greator. This contract is neither a contract in favor of third parties in the sense of Sect. 328 Civil Code (BGB) nor a contract with protective effect in favor of third parties.
- Greator shall provide the Customer with detailed information on the event, in particular on the scope of services, price and booking deadline, prior to booking (all such information "Booking documents"). Insofar as the Booking Documents do not contain any provision, the GTC shall apply. Insofar as provisions in the Booking Documents deviate from those of the GTC, the former shall apply.
- The contract between Greator and the Customer on the participation in the event is concluded by Greator by confirming the Customer's booking in text or written form.
- Greator sets a minimum and a maximum number of participants for all events. If Greator has more bookings than there are places available, Greator will decide on participation at its reasonable discretion.
- The fee for participation in the event ("Participation Fee") includes, unless otherwise specified in individual cases, only the personal participation of the Customer or of third parties whose participation the Customer has booked.
- Travel and accommodation are not included in the scope of services.
- Prices and payment
- The amount of the participation fee can be found in the booking documents.
- Unless otherwise agreed, Greator will invoice the Customer for the participation fee immediately after conclusion of the contract. Upon receipt of the invoice, the participation fee is due and payable within two weeks without deductions to the account designated in the invoice.
- All agreed fees are net. Any VAT incurred shall be shown separately on the invoice and shall be paid together with the respective fee.
- The Customer is entitled to set-off against a payment claim of Greator as well as to withhold payments to Greator only if its counterclaim has been legally established or is not disputed or is acknowledged by Greator.
- Cancellations of the Customer
- In the event of cancellations by the Customer received by Greator up to one month prior to the date of the event, Greator will charge the Customer an amount equal to 50% of the participation fee as a cancellation fee. In the event of cancellations by the Customer received after this time or in the event of no-show, Greator will charge the Customer an amount equal to 100% of the participation fee as a cancellation fee. In each case, the Customer is entitled to prove that Greator has not incurred any damage.
- Greator will allow the participation of substitute participants within the scope of available capacities and at its reasonable discretion without charging additional fees. The Customer must notify Greator in text form of any substitute participant without delay, but no later than on the 8th day before the event. Greator will inform the Customer without delay, but no later than on the 4th day prior to the event, whether or not the named substitute participant may participate in the event.
- The Customer may not cancel the booking of annual programs. However, if the Customer or a Participant booked by the Customer does not wish to attend an individual Event, the Customer or the Participant may attend the same Event on an alternative date ("Alternative Date") if Greator allows the Customer or the Participant to do so. The decision in this regard shall be made by Greator at its reasonable discretion. The Customer must notify Greator of its or the Participant's intention to attend on the Alternative Date in text form without undue delay, but no later than on the 8th day prior to the Alternative Date. Greator will then inform the Customer without delay, but no later than on the 4th day before the alternative date, whether he or the Participant may participate in the alternative date or not.
- Changes and cancellation of events
- Greator reserves the right to change the event within reasonable limits for the Customer, in particular to replace announced speakers with others or to change the venue.
- Greator reserves the right to cancel the event for valid reasons, e.g. due to the inability of a speaker to attend, disruptions at the event location, closure of the event location, official orders or decrees or force majeure.
- Greator undertakes to inform the Customer immediately about any cancellation and changes of the event, in particular a change of the speaker.
- Reasonable changes to the event do not entitle the Customer to a reduction in price or to withdraw from the contract.
- In case of cancellation of an event Greator will refund the paid participation fee. Further claims are excluded. In particular, Greator will not reimburse any 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.
- Personal rights
By participating in the event, the Customer or participant consents to Greator taking photographs and film footage of him or her during the event and to Greator exploiting such footage for all known and unknown types of use without restriction and free of charge. The consent is not limited in time or space.
- Exercise of the right of withdrawal for consumers at events
If the Customer books an event that begins within the cancellation period, the Customer thereby requests Greator to begin providing the services during the cancellation period. If the Customer revokes the contract in this case, the Customer shall pay Greator a reasonable amount. A reasonable amount is an amount that corresponds to the share of the services that Greator has already provided up to the time of receipt of the notice of revocation, taking into account the total scope of the contractually agreed services.
C Content purchase
- User contract
- The contract concluded between Greator and the Customer for the use of the Content runs for an indefinite period of time, unless otherwise specified.
- Unless otherwise specified, the Customer is entitled to terminate the user contract at any time and without giving reasons.
- After termination, Greator may delete the Customer's user account with all content and services that the Customer may have posted. The Customer will then also no longer have access to Content that has already been purchased. If, at the time of deletion of the Customer's account, the Customer still has a current subscription or has booked an additional service whose term has not yet ended, any amount already paid by the Customer will not be refunded - not even on a pro rata basis.
- Greator is entitled to terminate the user contract without giving reasons by giving two weeks' notice in writing, if applicable - in the case of subscriptions - at the earliest at the end of a 30-day subscription period, unless otherwise specified.
- Greator offers subscriptions without minimum terms. Subscriptions are automatically renewed indefinitely for one month at a time, beginning on the day the Customer subscribed, until cancelled by either the Customer or Greator.
- Greator is entitled to terminate any subscription at the end of the monthly subscription period by giving two weeks' notice in text form.
- The current price and subscription models for the purchase of Content and the respective scope of services can be found on the website www.greator.com.
- Unless otherwise stated, all prices include the applicable sales tax.
D Disclaimer and Medical Information
Greator is not licensed to educate in the field of health, wellness, fitness and nutrition related information. All products are intended for educational purposes only. As such, they are not a substitute for professional medical advice, diagnosis or treatment, nor do they claim to be complete or accurate. If you have questions about your own health, you should always consolidate with a physician or other health care professional.
The content is used at your own risk. Greator is not liable for injury to life, body or health resulting from the consumption or use of the content provided or due to linked content.
Nothing stated or posted by or available through Greator is intended to be, and shall not be relied upon as, medical or advisory. In addition, Greator is not responsible for the efficacy, nor the proper application of any content provided or linked to.
By agreeing to and using Greator's website, products and services, it is acknowledged that no content is intended or designed to cure and diagnose, treat or prevent any disease or condition. It is also acknowledged that Greator does not provide emergency services to treat possible harm to the body or mind.
The services or products made available through Greator may not be suitable for everyone. By using them, you agree to use the services and products responsibly. They should not be used or consumed while driving, operating heavy machinery or performing other tasks, as they require attention and concentration and may cause relaxation and emotional reactions.
In all other respects, liability is excluded. Insofar as Greator's liability is limited or excluded, the limitations or exclusions shall also apply to the personal liability of Greator's employees, legal representatives and vicarious agents.