General terms and conditions
(for reasons of readability and comprehensibility, female formulations are omitted)
The following General Terms and Conditions (hereinafter referred to as GTC) serve the purpose of security, regulate the contractual relationship between LE Security Consulting GmbH (hereinafter referred to as organizer) and the prospective course participant or the course participant (for both hereinafter referred to as participant) and define the conditions under which the participation in a seminar, course or course (hereinafter for all forms course) conducted by the organizer takes place. The organizer provides all services exclusively on the basis of these GTC.
The organizer provides services in the field of security. The various courses are organized in stages and each builds on the previous course.
2. CONCLUSION OF THE CONTRACT
With the participant´s registration for a course, a contract within the meaning of the Swiss Code of Obligations is concluded, subject to the rejection of the organizer (cf. section 3.3). By registering for a course, the participant confirms that he/she has read and understood these GTC and that he/she accepts them unconditionally (cf. Clause 15).
2.1 NEW VERSIONS OF THE GENERAL TERMS AND CONDITIONS
The Organizer reserves the right to modify or amend the GTC at any time by publishing the revised version on the Website and/or informing about it by e-mail. If the Participant continues his/her visits to the Website, this shall be tantamount to acceptance of the new terms of the revised GTC. If the participant does not object to the amended or supplemented GTC within four weeks of their publication, the amended or supplemented terms and conditions shall become effective. If the participant objects within four weeks of their publication, the organizer is entitled to terminate the contract at the time when the amended or supplemented GTC are to take effect. Deviating, conflicting or supplementary terms and conditions, even if known, shall not become part of the contract unless the organizer has expressly agreed to their validity in writing.
2.2 TEILWEISE UNGÜLTIGKEIT
Sollten einzelne Bestimmungen dieser AGB insgesamt oder in einer bestimmten Anwendung nichtig, anfechtbar, nicht durchsetzbar oder unvollständig sein oder werden, bleibt die Gültigkeit der übrigen Klauseln dieser AGB unberührt. Vielmehr werden die fraglichen Bestimmungen durch Vereinbarungen ersetzt, die dem Recht entspricht und dem Willen der Parteien möglichst nahe kommt.
The participant´s registration to a course can be made orally, in writing or via the website and is binding after verification by the organizer and confirmation by the same. Participants who have not registered will be denied access to the course.
If the participant has registered for a course and has to withdraw from the course for important reasons, namely illness or accident, 50% of the respective costs will be charged. If the participant does not take part in the course without cancelling or for reasons other than illness or accident (no-show), he/she must pay the entire costs.
The organizer is entitled not to admit participants to a course without giving reasons.
The organizer reserves the right not to hold the scheduled course if there are too few registrations. The registered participants will receive an alternative date in case of cancellation.
4. INSTRUCTORS / LOCATION
The organizer will have the course conducted by experienced instructors and will provide suitable premises for the course.
5. COURSE COSTS
The course costs are based on the course description published on the website or by e-mail. The costs can be adjusted and changed by the organizer if necessary. Contracts entered into are governed by the conditions at the time the contract is entered into.
5.1 TERMS OF PAYMENT
The course costs must be paid in cash on site before the beginning of the course. There is also the possibility of bank or postal transfer (see below for dates). Payment of course fees must be made at least 10 days before the course. Costs related to the payment procedure, namely postal and bank charges, are to be borne by the participant.
- Postfinance: LE Security Consulting GmbH, Laurent Engler, Hauptstrasse 7, CH - 4312 Magden, IBAN: CH 34 0900 0000 4185 8780 5
The organizer recommends the participant to wear appropriate clothing and footwear according to the requirements in order to avoid injuries and damages.
Participation in a course is generally allowed only in good health. In case of minor ailments, the participant has to inform the organizer before the beginning of the course.
The participant takes part in the course at his own risk and is aware that it cannot be ruled out that bruises or minor injuries may occur during the practical exercises. The participant has to take out a private liability insurance, which he has to prove to the organizer on demand.
The organizer limits his liability to damages caused by intentional breach of contract or gross negligence on the part of the organizer or his auxiliary persons, namely employees or agents and instructors, as well as contractual partners, and only in proportion to the extent to which he has contributed to the occurrence of the damage in relation to other causes. The organizer is liable for simple negligence only if an organ, employee or vicarious agent has violated an essential contractual obligation. The liability is limited to the typically occurring damage. The organizer shall not be liable for defects and disruptions for which he is not responsible, in particular for safety defects and operational failures of third-party companies with which he cooperates or on which he is dependent. Furthermore, the organizer is not liable for force majeure, improper actions and disregard of risks on the part of the participant or third parties, excessive use, unsuitable equipment of the participant or third parties, extreme environmental influences, interventions by the participant or disruptions by third parties that occur despite the necessary current safety precautions. The organizer informs the participant on the website about data protection and other risks as well as about possible safety precautions, which he has to observe. The organizer is not liable for the participant´s breach of duty towards another participant based on contracts concluded between them.
9. DATA PROTECTION
The organizer and the participant undertake to observe the provisions of the Data Protection Act and the Data Protection Ordinance and the guidelines set out herein. The participant shall provide the organizer with all information required for the services in accordance with the contract. The participant guarantees that all data provided by them are true and complete. The use of the website of the Organizer is possible with a pseudonym. The participant has to give his civil name as well as the current residential address within the scope of the registration, but can give a pseudonym (nickname) which is visible for other persons. The participant shall immediately notify the organizer of any changes of address and other necessary information, or shall immediately change the information in the ´User data´ section of the website. When registering, the participant chooses a password. The participant is obliged to keep his password secret. The data provided by the Participant shall be used by the Organizer only within the scope of or for the purpose of fulfilling the contract, subject to the exceptions stated below. By agreeing to these GTC, the participant consents to the following activities of the organizer:
- The organizer processes and uses personal data of the participant, such as name, password and e-mail address, for the implementation and processing of its offer specified in these GTC.
- The organizer processes the usage data, among other things, with the help of cookies, for example, to assign a user ID.
- The organizer processes personal data for appropriate marketing measures, for example to send e-mails with general information or advertising (e.g. newsletter). The participant can unsubscribe from this information at any time.
- The organizer may process the participant's data if it serves to detect and stop information provided with fraudulent intent, as well as illegal use or use of the organizer's services in violation of the contract. For this purpose, the organizer may also determine usage data, among other things with the help of cookies, and process it in such a way that from the total stock of all current information, those can be identified for which there are actual indications of misuse.
- The organizer may, if necessary, process personal data for the clarification of misuse of the website and for legal, in particular criminal prosecution, even after the end of the contractual relationship and transmit it to authorities, in particular law enforcement agencies, as well as third parties whose rights have been violated. This applies if there are tangible indications of misuse and an overriding interest in clarifying the facts.
11. PHOTO AND FILMING
Photographing, filming as well as recording of moments or other recordings in picture and sound with any kind of technical aids (photo-, video-, digital-, DVD-, UMD-camera as well as cell phones) are strictly prohibited before, during and after a course. This applies on the one hand to the entire location of the respective course itself, on the other hand also to the areas directly or indirectly connected with the location, such as parking lots, changing rooms, entrance areas, etc.. In case of violation of this prohibition, the technical equipment used will be confiscated by the organizer, the recording(s) will be deleted and the equipment will be returned to the offending party. Furthermore, the offending participant will be banned from the premises immediately. The organizer and any person whose personal rights have been violated expressly reserve the right to take civil and criminal action.
The Participant represents and warrants that
- a) he is authorized to enter into and comply with this contract
- b) the information provided by him within the framework of the conclusion of the contract about his person and other circumstances relevant to the contract are complete and correct
- c) he has taken out liability insurance
- d) he complies at all times with his obligations hereunder as well as with any laws, regulations and directives that apply or may apply
- e) in particular, he follows the instructions of the instructor. If the participant does not follow the instructor's instructions, the instructor and the organizer are entitled to exclude the offending participant from further participation in the course after prior warning. The immediate exclusion from a course in case of serious violations of safety regulations or instructions of the instructor is expressly reserved. The course fees will not be refunded in such cases.
- f) he/she will not misuse the knowledge, in particular the techniques, tactics and strategies learned, and will use them exclusively within the framework of the applicable legislation, namely in a self-defense or self-defense assistance situation.
- g) He/she has not been convicted of any criminal offense, namely violent offenses, and he/she is not aware of any ongoing police investigations or prosecution proceedings against him/her. The organizer can demand a police certificate of good conduct (extract from the central criminal register) from the participant at any time.
Alle Rechte an Schulung, Programmen, Leistungen, Verfahren, Software, Technologien, Marken, Handelsnamen, Erfindungen, Photos, Filmen bzw. Filmsequenzen und allen Materialien, die zum Veranstalter gehören, insbesondere auf der Website publiziert sind oder waren, liegen ausschliesslich beim Veranstalter. Der Veranstalter ist Inhaber sämtlicher Urheberrechte an den oben genannten Rechten, sofern das Urheberrecht nicht einem Dritten zusteht. Unzuläussig sind Vervielfältigung, Verbreitung, Bearbeitung, Umgestaltung, Speicherung, Übertragung auf weitere Datenträger oder â€“anlagen der Programme, Leistungen, Verfahren, Software etc.
The original German language version of these GTC may have been translated into other languages. In the event of any inconsistency between the German language version and other language versions of this Agreement, the German language version shall prevail.
15. ELECTRONIC SIGNATURE
The Participant hereby acknowledges and agrees that by clicking on the ´SUBMIT´, ´SEND´ button or similar buttons or links designed by the Organizer to express agreement with the foregoing, the Participant enters into a legally binding contract (see section 2 above). The Participant hereby consents to the use of electronic communications for the following purposes: to enter into contracts, to place orders (e.g., clothing), to electronically deliver notices, policies and transaction records initiated or wholly executed by the Organizer. Participant further hereby waives any rights or requirements under any law or regulation in any jurisdiction requiring an original (non-electronic) signature or delivery or retention of non-electronic records to the extent permitted under binding jurisdiction.
Participant expressly represents and agrees that it has read these TOS and understands and unconditionally accepts the rights, obligations and conditions described herein. By clicking the ´SUBMIT´, ´SEND´ button or proceeding with the registration process on the Website, the Participant expressly agrees that he/she is bound by these TOS and he/she grants the Organizer the rights set forth herein.
16. FINAL PROVISIONS
These GTC and the entire legal relationship between the participant and the organizer shall be governed by Swiss law, namely the Swiss Code of Obligations (OR). The parties shall endeavor to settle any difficulties arising from the performance of this contract amicably. As far as permissible, the place of jurisdiction for all disputes arising in connection with the organizer is Rheinfelden (AG).