terms & conditions

MIO CONSULT GmbH — TERMS AND CONDITIONS

We are MIOCONSULT GmbH, a company registered in Germany under company number HRB 51944 and with our registered office Rödermark.

These Terms (together with our Cookie and Privacy Policy as published on our website from time to time) will apply to any contract between us for the provision of Advisory services, Courses, and Digital Products. Please read these Terms carefully and ensure that you understand them before signing up to any services or making any purchase on our website. Acceptance of these Terms and Conditions is a prerequisite for the provision of services and the supply of Digital Products.

These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that, in making a request for services or a purchase, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

Bookings and purchases made on behalf of a company or other legal entity are made on the basis of having the authority to bind such entity to these Terms and Conditions, in which case the terms “you” or “your” shall refer to that entity.

1. CONTRACT FORMATION

1.1  Our website will guide you through the steps you need to take to book a place on a Course, request advisory services, or purchase a Digital Product. Our booking and purchase process allows you to check and amend any errors before you complete the transaction. Please take the time to read and check the details at each page of the process.

1.2  After you book a place on a Course, you will receive automatically generated e-mails from us acknowledging that we have received your booking and attaching an invoice for the attendance fee for the Course (Course Fee). However, please note that this does not mean that your booking has been accepted. Your booking will only be accepted and the contract will be formed once we have started to process the booking.

1.3  For Digital Product purchases, the contract is formed at the point of successful payment. Delivery of the Digital Product to the email address provided at checkout constitutes fulfilment of our supply obligations.

1.4  We reserve the right, in our sole discretion, not to accept any booking or order. In the event that we do not accept your booking or order, we will inform you by email as soon as possible. If you have paid, we will refund the amount paid by the same payment method used.

2. THE COURSES

2.1  We provide online and instructor-led professional training courses which may be delivered online or face-to-face at course-designated premises. You are responsible for ensuring that you have the appropriate and proper prior knowledge, skill, and experience to attend the Course. You also warrant that you are booking a place on a Course for the purposes of your business or profession and not as a consumer.

2.2  We warrant that the Course will be provided using reasonable care and skill, in accordance with best industry practice and by suitably skilled and qualified instructors. This warranty is in lieu of and excludes all other terms, conditions or warranties implied by statute, law or otherwise.

2.3  You acknowledge that all information contained in the Course is general in nature and based on authorities that are subject to change. Nothing contained in the Course is, nor should be construed as, accounting, legal or tax advice or a professional opinion provided by us.

2.4  We may, in our sole discretion, substitute the proposed Course instructor(s) with another suitably skilled and qualified instructor(s).

2.5  We will send detailed attendance instructions to all attendees before the Course including hotel recommendations if applicable.

2.6  If you require assistance with any administrative matter (e.g. visa documentation, letters of invitation, tax and VAT issues etc.), please contact us using the contact details set out at the end of these Terms and we will do our best to help. We reserve the right to make a charge for such administrative services, which we will notify to you in writing.

2.7  At the end of each Course, you will be provided with an attendance (CPD/CPE) certificate (this will be supplied electronically for Courses delivered online). If at any time you require a hard copy of your certificate to be mailed to you, you will be liable for a minimum fee per certificate of EUR 70 for Airmail postage or EUR 150 for Courier postage.

3. PDF PERSONALISATION AND COPYRIGHT PROTECTION

3.1  All PDF purchases from this website are digitally personalised at point of sale. Each PDF file is embedded with the purchaser’s name, email address, and a unique transaction identifier for the purposes of copyright protection and piracy deterrence.

3.2  This personalisation constitutes processing of personal data under the UK General Data Protection Regulation and the EU General Data Protection Regulation. By completing your purchase you consent to this personalisation.

3.3  The embedded data is used solely for copyright protection purposes and is not shared with third parties. For further information please refer to our Privacy Policy.

4. COURSE MATERIALS

4.1  We will provide or make available online all appropriate course materials in relation to the Course (Course Materials). These may be in written and/or electronic format.

4.2  Other than to the extent that any Course Materials are used or based on content provided by you (Client Content), all intellectual property rights in the Course Materials are owned by or licensed to us and we grant you a limited, non-exclusive licence to use the Course Materials solely for the purposes of the Course and your own personal use. You agree not to make copies of or distribute any Course Materials to any third party.

4.3  Other than in relation to Client Content, we indemnify you against all liabilities, costs, expenses and damages relating to any claim that your use of the Course Materials infringes any third party intellectual property rights.

4.4  To the extent that any Course Materials are used or are based on Client Content, you grant to us a licence to use such Client Content and indemnify us against all liabilities, costs, expenses and damages relating to any claim that use of Client Content infringes any third party intellectual property rights.

5. PAYMENT

5.1  In these Terms, “Digital Products” means all PDF documents, frameworks, books, templates, checklists, and other downloadable files available for purchase on our website. “Course Fee” means the fee payable for a Course. References in this section to “Fees” include Course Fees, Digital Product purchase prices, and any other amounts payable under these Terms.

5.2  The price for each Course or Digital Product is as stated on our website at the time of purchase.

5.3  You can only pay using a debit card or credit card. We accept payment by Visa or MasterCard. Funds may also be transferred into our bank account by wire transfer. Payment for Digital Products is processed immediately at point of purchase via our secure payment provider.

5.4  Payment for each Course is required in advance. You may either pay by debit or credit card via our website at the time you make a booking, or you may request that we send you an electronic invoice for the Course Fee by selecting the option “Pay by Invoice”. Payment for Digital Products is required in full at the time of purchase and no invoice option is available for Digital Product transactions.

5.5  An electronic invoice will be automatically generated by our system for every Course booking.

5.6  If you select the “Pay by Invoice” option during the online booking process, you are required to make payment in full 14 days before the start of the Course.

5.7  If you have asked us to assist with any administrative matter, we shall invoice you separately for any administrative charges and full payment of the relevant invoice is required at least 7 days before the start of the Course.

5.8  All Fees quoted are exclusive of VAT or similar sales tax, which we shall add to our invoices and checkout totals at the appropriate rate. You are responsible for payment of any other taxes or charges arising under these Terms. If you are required under any applicable law to withhold or deduct any amount from the payments due to us, you shall increase the sum you pay to us by the amount necessary to leave us with an amount equal to the sum we would have received if no such withholdings or deductions had been made.

5.9  All amounts due shall be payable in the currency as shown on our website or, if different, on our invoice.

5.10  Without prejudice to any other right or remedy that we may have, if you fail to pay any invoice by its due date:

5.10.1  you shall pay interest on the overdue amount at the rate of 5% per annum above the European Central Bank’s base rate at the time of the owed amount. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount; and

5.10.2  we have the right to suspend provision of the Course or any other course which we have agreed to provide until payment has been made in full.

6. CANCELLATION AND REFUNDS

6.1  The cancellation and refund provisions set out in this section apply as follows: clauses 6.2 to 6.10 apply to Course bookings; clause 6.11 applies exclusively to Digital Products. In the event of any conflict, clause 6.11 prevails in respect of Digital Products.

6.2  Course cancellation provisions apply in respect of face-to-face courses. We reserve the right, at our sole discretion, to cancel or reschedule Courses if necessary. We will notify you of any such changes as soon as possible. You will be entitled to a refund of any Course Fees you have paid but will not be entitled to any compensation in the event of such changes.

6.3  If we cancel a Course or reschedule it to a date which is inconvenient to you and you have already paid the Course Fee, we will provide a full refund within 30 days upon your written request, or at your option you may transfer the credit to another Course.

6.4  If you wish to cancel your booking for a Course, you must notify us in writing at least 14 days before the start of the Course.

6.5  If you cancel your booking with less than 14 days’ prior written notice, or do not attend the Course for any reason whatsoever, the whole Course Fee will be due and no refund will be made. We may, at our sole discretion, transfer the credit to another course, in which case an additional administrative charge equal to 20% of the original Course Fee will be payable.

6.6  If cancellation occurs between 15 and 30 days prior to the start of the Course, we will provide a refund equivalent to 60% of the Course Fee (the remaining 40% representing our administration fee). Alternatively, you may transfer the full credit to another course at no extra charge.

6.7  If cancellation occurs more than 30 days prior to the start of the Course, a cancellation fee of EUR 600 applies.

6.8  If you have a credit for a Course Fee due to you having cancelled your booking, you must use this credit within 12 months of the date of your original Course booking.

6.9  You will not be entitled to a refund if you only attend part of the Course. No Course Materials will be provided if you do not attend the Course.

6.10  For any self-paced Courses delivered online, the Course shall be deemed to have started on the day you log in to the online learning system for the first time. If you cancel or otherwise withdraw from participation in the Course after having logged into the learning system, no refund will be due and no further Course Materials will be provided to you.

6.11  All sales of Digital Products are final. No refund will be made in respect of any Digital Product once the file has been delivered to the email address provided at the time of purchase. By completing your purchase you acknowledge that delivery to that email address constitutes fulfilment of our obligations and that you have lost any right of cancellation that may otherwise apply under applicable consumer protection legislation in respect of digital content supplied on those terms. It is your responsibility to ensure that the email address provided at the time of purchase is correct and accessible. We accept no liability for non-receipt of a Digital Product resulting from an incorrect or inaccessible email address supplied by you.

7. PUBLICITY

We may wish to include the names and photographs of some of our clients in our marketing materials and web presence. Please let your Course instructor know if you do not wish photographs of yourself to be taken and used in this way. If we wish to use your name in this way, we will contact you and request your permission in writing.

8. LIMITATION OF LIABILITY

8.1  Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or for damages or liability resulting from fraud or fraudulent misrepresentation.

8.2  Subject to clause 8.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for loss of profits, loss of business, loss of anticipated savings, loss of or damage to goodwill, loss of or corruption of data or information, or any indirect or consequential loss.

8.3  Subject to clauses 8.1 and 8.2, our total liability to you arising under or in connection with these Terms shall be limited to the amount paid by you in respect of the specific Course or Digital Product giving rise to the claim.

9. ACCESSIBILITY AND EQUAL OPPORTUNITIES

9.1  We aim to provide training at high-quality venues which offer accessible and appropriate facilities for customers with special needs or disabilities. If you have any specific needs, please contact us to discuss your requirements in detail.

9.2  We are committed to promoting equal opportunities for all attendees and ensuring that each attendee receives equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. We will not tolerate any breach of this clause by our employees, any agents acting on our behalf, or by other attendees.

9.3  If you feel that you have been unlawfully discriminated against, please notify us as soon as possible. You may do this by notifying the Course instructor during the Course or by using our contact details as set out below. We will take your complaint seriously and will take measures to resolve it as soon as possible.

9.4  If we become aware that any attendee is in breach of clause 9.2, we reserve the right to refuse to allow the attendee to participate in a Course.

9.5  In the interests of the safety and comfort of all Course participants and instructors, we require all attendees to observe reasonable standards of behaviour. We reserve the right to refuse to allow an attendee to participate in a Course if, in our sole opinion, the attendee has displayed an unreasonable standard of behaviour or is deemed to be violent, threatening, abusive or disruptive.

9.6  If we do not allow an attendee to participate in a Course for the reasons set out in clauses 9.4 or 9.5, no refund will be due to that attendee.

10. GENERAL

10.1  These Terms may only be modified, amended, or supplemented in writing signed by both parties.

10.2  You may not assign, transfer, or deal in any other manner with any of your rights and obligations under these Terms without our prior consent.

10.3  No failure or delay by either party to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy, nor prevent the future exercise of any right or remedy.

10.4  If any of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

10.5  Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties or constitute either party the agent of the other party.

10.6  No one other than a party to these Terms shall have any right to enforce any of them.

10.7  Any notice given by either party under these Terms shall be in writing and may be delivered personally, sent by registered or recorded delivery post or internationally recognised overnight courier, or may be sent by email. Delivery shall be deemed to take place on the signature of a delivery receipt (if delivered personally, by post or courier) or at 9 am on the first business day after transmission (if sent by email).

10.8  These Terms and any dispute or claim arising out of or in connection with them or their subject matter or contract formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Switzerland. The parties submit to the exclusive jurisdiction of the courts of Switzerland.

11. COMPLAINTS PROCEDURE

11.1  We are committed to providing high-quality Courses and Digital Products to all customers. If you have any concerns, queries or complaints in relation to a Course, please initially discuss these with the Course instructor. If you feel it is inappropriate to discuss the issue with your Course instructor or this does not resolve the issue, please contact us using the contact details set out below. We aim to respond to and resolve any issues as soon as possible.

11.2  Our courses are held at locations determined between us and the Client.

MIO CONSULT GmbH — CUSTOMER CONTACT

If you have any questions concerning these Terms, email via the MIOCONSULT GmbH contact page.