Terms and conditions of use
These General Terms and Conditions (GTC) are applicable to business relations between CURADEN AG (hereinafter: “CURADEN” or “we”) and consumers (hereinafter "Customer" or "Customers" or “you”) in the latest version that is available when you open the website or apply or register to any seminar, training, coaching or educational event (hereinafter "Seminar").
A “consumer” for the purposes of these GTC means any individual who enters into legally binding transactions for purposes that are not primarily commercial and/or attributable to independent business activities.
Applications and registrations may be placed exclusively by Customers who are at least 18 years of age or have obtained the signature of their legal representative.
Exclusively these General Terms and Conditions are applicable. CURADEN will not recognize any of the Customer's terms of conditions that contradict and/or differ from the present GTCs unless CURADEN expressly consents to such terms in writing in the specific case.
Every application to a Seminar requires registration as a Customer. Multiple registrations under different names or addresses is prohibited.
CURADEN may revoke its authorization at any time without stating any reasons. In that case, CURADEN is entitled to block and delete the user name and associated password immediately.
3. FORMATION OF CONTRACT
By applying to a Seminar orally, by e-mail, telephone, fax or other channel of communication, the Customer makes an offer to enter into a binding agreement with CURADEN. The Customer will receive a confirmation of receipt of the application ("Confirmation of Receipt of Application"). That confirmation does not constitute acceptance of the application but merely informs the Customer that CURADEN has received the application. CURADEN will inform the Customer of any errors in the information about the Seminar and make the Customer a corresponding counter-offer where appropriate.
The contract with CURADEN is formed when CURADEN expressly accepts the Customer's application by sending a registration confirmation ("Registration Confirmation") or when CURADEN sends a Seminar documentation to the Customer.
CURADEN's acceptance is subject to the legality of the application and the availability of the Seminar. If CURADEN cannot accept the Customer's application to the Seminar the Customer will receive a notice of unavailability instead of a Registration Confirmation.
4. PRICES AND PAYMENT OF THE SEMINAR FEE
The prices in effect at the time of registration and application to the Seminar shall apply. We reserve the right to price and program changes. The prices do not include additional forwarding expenses (if any) arising between CURADEN and the Customer. All prices contain the Value Added Tax (VAT) at the legal rate, where applicable.
In the application process, CURADEN accepts only the payment methods displayed to the Customer (in the application forms to a Seminar). CURADEN reserves the right to agree with its Customers in writing to payment methods other than those displayed.
CURADEN may demand without stating any reasons cash in advance. The application will be processed after receipt of payment.
The Seminar fee and forwarding expenses (if any) are due and payable upon formation of the contract. If cash in advance by bank transfer is agreed upon, the payment is due and payable immediately after formation of the contract, unless the parties have agreed to a later due date.
If the Customer defaults on payment, CURADEN is entitled to charge a flat-rate reminder fee specified in the ordering process. The foregoing is without prejudice to CURADEN's right to claim further compensation, particularly for the costs of debt enforcement through a collection agency or attorney.
5. CANCELLATION, DEREGISTRATION AND SEMINAR EXCLUSION
An application confirmed by CURADEN (by sending a Registration Confirmation) obliges the Customer to pay the Seminar fee. Failure to pay the Seminar fee is not considered as a cancellation.
Customers are entitled to cancel their application or of consent to enter into the agreement, without stating any reasons. Any notice of cancellation must be given by the Customer in writing (e.g., by letter, e-mail, fax) to the address specified in section 9 below or by e-mail to firstname.lastname@example.org.
Depending on the cancellation date, we can waive all or part of the course fee. Please note the following regulation:
For cancellations up to 30 days before the Seminar starts, we can waive or refund 100% of the Seminar fee. This will reduce to 50% in the case of cancellation up to 15 days before the Seminar. If the cancellation is made 14 days or less before the Seminar starts or if the Customer does not attend the Seminar (“Nonappearance”), the entire Seminar fee is due no costs shall be refunded unless otherwise agreed with CURADEN. Seminar or lessons not attended cannot be made up and will not be refunded.
CURADEN reserves the right to exclude one or more Seminar participants from a Seminar in the following cases: (i) the entire Seminar fee is due, i.e. neither a pro rata refund nor a remission of the Seminar fee is made; or (ii) in serious cases (e.g. defamation, harassment, deliberate damage to property, etc.).
6. SEMINAR ORGANISATION
For organizational reasons we reserve the right to postpone or merge Seminars, to change the location or to shorten Seminars with a percentage refund of the Seminar fee. If a Seminar leader fails, CURADEN may change the Seminar leader or appoint a substitute.
In order to be able to conduct our Seminars under optimal conditions, CURADEN defines a minimum and a maximum number of participants for each learning offer. If the number of participants is insufficient, CURADEN may hold or cancel the Seminar at its own discretion and the Seminar fees will be waived or refunded..
In individual cases, if a class is understaffed, we may conduct the Seminar subject to the consent of the Seminar participants, but increase the Seminar fee accordingly or, where it makes sense, reduce the number of lessons at the same price.
7. VIDEO AND AUDIO RECORDINGS
Video or audio recordings may not be made on all the premises of CURADEN without the express consent of CURADEN and course participants.
8. INSURANCE AND LIABILITY
For all Seminars organized by CURADEN, our liability is subject to the applicable statutory provisions. CURADEN’s liability is excluded in cases (i) of ordinary negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) losses from late delivery, and (v) any actions or omissions by CURADEN's vicarious agents, whether based in contract or in tort. .
The Customer is therefore responsible for sufficient insurance coverage. The Customer uses the facilities of CURADEN at his/her own risk. CURADEN cannot be held liable for theft or loss of property.
CURADEN shall not be held liable for any misprints in advertising materials, data errors on the website, incorrect price tags, errors in product illustrations, photographs, descriptions or other texts, e.g., in coupon or discount campaigns, or late or omitted deliveries.
Offeror and contract partner for the offers on this websites:
Curaden AG, Amlehnstrasse 22, CH-6010 Kriens, Tel. +41 (0) 319 45 00
10. PRIVACY, COPYRIGHT, TRADEMARKS
All rights to trademarks, images and copyrights are held by CURADEN or its partners. Downloading, storage, copying, printing of data, images and PDF files, even in excerpts, is prohibited without CURADEN's written approval. All rights reserved. Any use by the Customer for purposes other than the intended use of the relevant product is prohibited.
11. FINAL PROVISIONS
If any individual provisions of these GTC, including the present clause, is or becomes inoperative in whole or in part, or if an omission is found in these terms and conditions, then the validity of the rest of the GTC shall not be affected thereby. The inoperative or missing provisions shall be replaced by the applicable statutory provisions or, in the absence thereof, by such provisions as reflect the meaning and purpose of the inoperative provision