Terms and Conditions for Webinars
Scope of Application, Provider
1. These Terms and Conditions apply to all contracts for participation in webinars offered via the website https://discoveriesofamom.com (hereafter “Website”). The provider is Johanna Kazungu, Florentiner Str. 9, 70619 Stuttgart, Email: johanna@discoveriesofamom.com, Phone: 0711 9122 0864, VAT ID: 95176/36282.
Subject Matter of the Contract
2. The subject of the contract is the provision of an online seminar (webinar) conducted live via the Zoom platform and recorded. The recording will be made available for time-limited streaming for a period of one week after the live event. Downloading the recording is explicitly prohibited.
Contract Conclusion, Scope of Services
3. The contract is concluded upon acceptance of the booking by the provider. Services include the live delivery of the webinar, the provision of the recording for one week for streaming only, and the instructional materials mentioned in the product description. There is no performance monitoring (e.g., success guarantee, learning outcome assessment).
Payment Terms
4. The participation fee must be paid in full before the start of the first webinar date. Accepted payment methods are: PayPal or bank transfer to the account specified in the booking confirmation. Payment is only considered received when the amount has been transferred to the provider’s PayPal account or bank account.
Cancellation/Right of Withdrawal and Money-Back Guarantee
5. Insofar as the webinar is provided as a complete service and the start of service delivery has begun with the express consent of the participant before the expiration of the withdrawal period, there is no statutory right of withdrawal according to §312g para. 2 no. 9 BGB. Additionally, the provider offers a voluntary money-back guarantee in the amount of the paid participation fee:
- (a) For webinars/courses lasting 6 months or longer: a 30-day guarantee applies — the participant can request a refund within 30 days of the webinar’s start.
- (b) For all other webinars/courses: a 7-day guarantee applies — the participant can request a refund within 7 days of the webinar’s start.
6. Refunds are only issued in the amount actually received by the provider (bank transfer or PayPal balance). Actual bank or PayPal fees are deducted from the refund. If transfer fees are incurred, these are deducted from the refund amount. The refund will be processed within 14 days of receipt of the cancellation/withdrawal declaration to the account specified by the participant. The provider may refuse the refund until it receives proof of the refund account chosen by the participant.
Performance in Case of Default and Alternative Performance
7. Illness or unavailability of the participant: If a registered participant cannot attend the live session (e.g., due to illness), the provided recording is considered alternative fulfillment of the contractually owed service. There is no claim for a replacement date or further refunds due to non-participation, provided the recording has been made available.
8. Provider’s unavailability: If the provider cannot conduct the webinar on the agreed date, she will offer a replacement date in a timely manner. If participating persons do not or cannot attend the replacement date, the provided recording is considered alternative fulfillment. Claims for refunds only arise in accordance with the money-back guarantee if still applicable (see Section 5).
Usage Rights, Instructional Materials, Confidentiality
9. The provider grants the participant a non-exclusive, time-limited right to participate in the webinar and to access the provided instructional materials for personal use. The instructional materials and all content are — unless explicitly marked otherwise — protected by copyright.
10. Instructional materials are provided in write-protected format (e.g., PDF with protection). Copying, reproducing, sharing, publishing, or providing to third parties is prohibited. Violations entitle the provider to claims for injunction and damages.
Recordings, Data Protection
11. The webinar will be recorded. By making the booking, the participant consents to the technical creation of the recording and its use for the purposes named in Section 2. Participant videos/audio are only published with separate consent; this will be clarified separately before the webinar begins. Information about data protection, data processing, and rights of affected persons are described in the Privacy Policy on the website.
Liability
12. The provider is liable under statutory provisions for intent and gross negligence, as well as for breach of essential contractual obligations (cardinal duties). In the case of simple negligence, the provider is only liable for breach of essential contractual obligations and is limited to the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected. The provider assumes no liability for failures on the participant’s side, internet connections, Zoom disruptions, or technical problems on the participant’s end.
Technical Requirements
13. To participate in live webinars, an internet-enabled device, a functioning internet connection, and potentially the installation of Zoom software are required. Technical problems on the participant’s end do not give rise to a claim for refund, provided the provider makes the recording available as an alternative.
Prices, Currency, Invoicing
14. All prices are in euros and are final prices including statutory VAT (where applicable), unless otherwise stated. Invoices are sent electronically by email.
Termination, Contract Termination
15. A webinar contract once concluded ends upon provision of the agreed services (live webinar and provision of the recording). Extraordinary termination for good cause remains unaffected.
Final Provisions, Jurisdiction, Applicable Law
16. Modifications or amendments to these Terms and Conditions require written form. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected; in place of the invalid provision, a valid regulation shall apply that comes closest to the intended economic purpose.
17. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a merchant, legal entity under public law, or public law special fund, the exclusive place of jurisdiction for all disputes is the provider’s place of business; otherwise, statutory places of jurisdiction apply.
Contact and Acceptance of Terms and Conditions
18. By registering/paying, the participant confirms that they have read and accepted these Terms and Conditions.