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Terms and conditions

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Conditions

Terms and Conditions, Privacy Policy

I. Scope of application
These General Terms and Conditions (GTC) govern the conclusion, content and execution of contracts regarding the use of the learning platform offered by DEFENSE TACTICS (hereinafter referred to as the "Provider") by the customer / contractual partner. Through this platform, the e-learning courses offered by the provider - hereinafter referred to as "courses" - as well as other services and service packages can be used. These terms and conditions apply exclusively. It can be referred to these terms and conditions of both a framework contract and individual contracts from. These terms and conditions then apply as an integral part of the respective contracts. General terms and conditions including any terms and conditions of purchase of the contractor shall not apply and are hereby excluded. Contractual terms of the contracting party will not be part of the contract even if the provider does not expressly object to them. Written individual agreements precede these terms and conditions. With the order, the contracting party agrees to the validity of these terms and conditions.

II. Registration / Contract conclusion
The quoted or quoted prices, price quotations and descriptions are not an offer and may be withdrawn or modified by the supplier at any time prior to the express acceptance of your order. Although the provider endeavors to ensure the availability of the prices shown, there can be no assurance that all prices will be available at the time of order. Should the provider not be able to process or fulfill the order of the contracting party, the provider can reject this without further liability. If this occurs, the provider will inform the other party and refund all payments already made for the product. In the case of partial impossibility, any purchase price paid will be refunded on a pro rata basis. The same applies when purchasing multiple courses as a bundle / bundle. The order of the customer takes place online. The offer to conclude a purchase contract lies in the binding submission of the order after the customer has placed the products in his shopping cart and confirmed his selection by clicking on the button marked "buy now". The customer can change his details at any time until clicking on the "buy now" button. The contract is concluded when the provider sends the customer an order confirmation by email. The access information (username and password) will be provided to the other party after receipt of payment. We cooperate with the service provider Digistore24 (https://www.digistore24.com) and provide our services in connection with Digistore24.

III. Access to the courses / platform
Access to the courses and the platforms is password protected by means of remote data transmission using the access data assigned to the contracting party. The access data is only valid for one user. The customer is obliged to keep the access data and passwords secret and to prevent unauthorized use by third parties. In case of misuse the provider is entitled to block the access. The Contracting party is liable for any misuse for which he is responsible. The contractual partner is responsible for providing him with the technical prerequisites for access to the courses and platforms, in particular with regard to the hardware and operating system software used, the connection to the Internet, including the connection speed, the current browser software and the acceptance of the server of the provider transmitted cookies and in this respect bears all costs in connection with the fulfillment of these conditions. The provider will inform the contracting party on request about the particular browser to be used. In the case of the further development of the software platforms and other technical components of the system by the provider, it is incumbent on the customer, after information by the provider, to make the necessary adjustments to the software and hardware used by the contractor independently.

IV. Scope of services
The contents accessible to the contracting party in the context of a course are specified in the product description, which also gives the agreed quality of the course. The scope of the other services results from the agreement between the supplier and the customer. The provider's services are generally available 24 hours a day, seven days a week, with an availability of 98% calculated on the calendar year. Availability is calculated according to the formula: Availability = (total time - total downtime) / total time. The provider is entitled to change the content of the courses, to restrict or to exchange contents as well as to modify modules with regard to their content, in particular to reduce or expand them appropriately. Statements and explanations to the courses and other services of the provider in advertising materials and on the website of the provider and in the documentation are to be understood as a description of the condition and not as a guarantee or assurance of a property.

V. Rights of Use and Usage Restrictions
Within the scope of the user contract and the following provisions, the contracting party shall receive the simple right to participate in the ordered course and the use of the learning platform, which is limited to the duration of the user contract and not transferable to third parties. The right to participate during the term of the contract includes access to the contractual course as well as the right to access (online) learning content on a data processing device (computer) belonging to the contracting party or a third party for their own learning purposes. Participation is limited to the contracting party. The retrieved documents may be used by him only for their own use during the period of use. Any commercial transfer, in particular the sale, rental, leasing or lending of courses, their content or documents offered via the Learning Platform is inadmissible. It is not permitted to collect, reproduce, duplicate, copy to other media or store on retrieval systems for third-party use by unauthorized third parties elements of the computer programs belonging to the courses or content published via the platform. Regardless of copyright protectability, all users agree that personally generated materials published through the Platform may be used for course purposes. The useful life of the offered service depends on the service description resp. the individually agreed agreement. The dissemination of racist, sexist, degrading, religious views violating content on the platforms offered by the provider is expressly prohibited. Abuse can lead to exclusion. Further legal steps remain reserved. The notice in forums and documents for commercial use is not permitted. Appropriate Posts are deleted. The contracting party is not entitled to use devices, programs or other means which serve to circumvent or overcome the technical measures of the provider. In the event of a breach by the contracting party, the provider is entitled to block access to courses immediately and to terminate the contract without notice. Further rights and claims, in particular claims for damages, remain unaffected. The provider is entitled to take technical measures that prevent use beyond the contractually permissible extent, in particular to install appropriate access barriers.

VI. Rights of the provider
All content provided by the provider or third parties is protected by copyright, unless expressly stated otherwise. This also applies to materials created individually or jointly by participants during the course. All rights hereby established, in particular those of reprinting, translation, reproduction on photomechanical or similar paths, the storage and processing by means of EDP or their distribution in computer networks - also in part - are reserved to the provider or copyright holders and licensees. The contracting party does not receive any ownership or exploitation rights to the content or programs provided by the provider. Trademarks, company logos, other license plates, or protection notices, copyright notices, serial numbers, as well as other features of the identification of the provider or the user of rights of use or of individual elements thereof may not be removed or changed.

VII. Course Fees / Payment Terms
The prices for the offered products, which are listed on the day on which the customer places the order, apply. The prices are binding until the order confirmation by the provider. It attacks the reverse charge procedure. Tax liability of the beneficiary. Prices are subject to change due to changes in taxes, fees, taxes or shipping costs. The orders in the online shop or by agreement must be paid by credit card, PayPal or invoice. Payment must be made in advance. Payments by credit card will be charged immediately after conclusion of the contract. A settlement with counterclaims of the customer is excluded. Further terms of payment can be found on the website of our service partner Digistore24 (https://www.digistore24.com/page/terms).

VII. Warranty
The statutory warranty rules apply insofar as these terms and conditions do not deviate from them. An additional warranty does not exist. A material defect exists if the subject matter of the contract does not have the contractual quality within the meaning of section 4.1 and the suitability for contractual use is thereby suspended or reduced. An insignificant restriction of fitness remains out of consideration. The contracting party has occurring defects, disturbances or damages immediately the supplier over support@defense-tactics.com. The provider corrects any defects after receipt of a comprehensible description of defects by the contracting party within a reasonable period. There is no guarantee that the use of the courses does not infringe the property rights or copyrights of third parties or cause damage to third parties. The provider is so far no such rights known. Any responsibility for the use of the open source components or products is denied. In particular, any warranty of the supplier regarding any representations or representations of merchantability, fitness for a particular purpose, system integration ability, accuracy of the data, title or non-infringement of Third parties completely excluded from open source components or products. The provider does not guarantee that the courses are suitable for the purposes of the customer. The platforms offered may contain links to third party websites. Corresponding pages are not operated and controlled by the provider, which is why any responsibility for these pages is rejected.

IX. Liability
As far as legally permissible, all liability of the provider is completely excluded. The disclaimer of liability does not apply to unlawful intent or gross negligence. In any case, liability of the provider for indirect and indirect damages, in particular consequential damages, lost profits, unrealized savings, additional expenses for the customer, claims of third parties, etc., is excluded. The customer is responsible for the sufficient backup of the data and programs on his devices. The provider is as an operator of the learning platform of any claims of third parties from any failure to comply with copyright.

X. Data Protection and Data Security
The provider, assistants and third parties involved undertake to comply with the provisions of the Swiss Federal Data Protection Act at any time. This obligation also includes the necessary technical and organizational security measures. The provider collects, stores and processes only personal data that is required for the provision of services and for the security of operations and infrastructure as well as for billing. The customer gives his consent that his usage behavior is tracked and analyzed. The use of the services is carried out in an anonymous manner. The use of pseudonyms or the like is not permitted. The login name / username is visible to other users. The individual users are specified in the application, partly automatically incurred, partly by the contractors resp. In addition to information entered by users, the "Moodle" software underlying the learning platform logs in a database at which time which users access which components of the course offerings in order to enable users to make optimal use of the offered learning offerings. This is only valid if you use "Moodle". Among other things, depending on the design of the individual course offer, it is also recorded whether and how participants carry out the tasks assigned. All these data are used to carry out the respective course and are the provider as well as the contract partner resp. Any person (such as a teacher, instructor, certification authority, etc.) who may be used by him or her, but not (other than data related to tasks, workshops, and forums) other users or third parties. If a service of the provider is provided jointly with third parties, he may pass on data about the contractual partner to third parties, insofar as this is necessary for the fulfillment of the contract or the invoicing. In compliance with the relevant statutory provisions, the provider is also entitled for this purpose to transmit this data abroad if necessary. When dealing with data, the provider adheres to the applicable legislation. Furthermore, the information of the learning platform Udemy (www.udemy.com) applies if used and our offer is used via this platform. Order-related and other correspondence can be done electronically. It is expressly pointed to the existing during data transmission via e-mail, not under the influence of the provider security risks such as virus transmission, data corruption, data loss or access by third parties. With the order, the customer allows the provider to send documents and other data electronically and also with unencrypted e-mails. Further applies our privacy policy. DSGVO.

XI. Termination / / Withdrawal
The term depends on the performance description resp. the individual agreement between supplier and customer. During a fixed term premature ordinary termination is not possible. The right of each party to extraordinary termination for cause remains unaffected. Upon termination of the contract, the provider is entitled to immediately block the access of the contracting party to the respective course. Private consumers (so-called consumers) residing in the European Union and Switzerland have the right to withdraw from this contract within fourteen days without giving a reason. The revocation period is fourteen days from the date of the contract. For the preservation of the period of time the date of dispatch of the revocation is authoritative. A justification for the revocation is not necessary. The revocation declaration must be sent to: Laumer & Mehle GbR., DEFENSE TACTICS, Schulstr. 12, D-65366 Geisenheim. Or by e-mail to: info (at) defense-tactics.com. If this right of withdrawal is exercised, payments already received will be refunded within 30 days of receipt of the statement. For this repayment, the same means of payment used in the original transaction will be used, unless otherwise expressly agreed. In no case will charges be charged for this repayment. The right of withdrawal does not exist in the case of a contract for the delivery of non-physical digital content, if the provider has begun to execute the contract. With the use of the access data and the use of the subject of the contract before the expiration of the 14-day cancellation period, the customer renounces his right of withdrawal. FOR US-CITIZEN ONLY: With the use of the access data and the use of the subject of the contract before the expiration of the 60-day cancellation period, the customer renounces his right of withdrawal.

XII. Final provisions
The provider reserves the right to adapt these "Terms and Conditions" for future business at any time. The current "General Terms and Conditions" apply at the time the contract is concluded. The customer is not entitled to transfer rights and obligations arising from the contractual relationship between the parties to third parties without the prior written consent of the provider. The invalidity of individual provisions does not affect the validity of the remaining provisions. The contracting parties undertake to replace ineffective provisions with new ones which come as close as possible to the economic purpose of the contract. The legal relationship between the provider and the customer is governed exclusively by German law. The applicability of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods ("Vienna Sales Convention", CISG) is explicitly excluded. The court of jurisdiction is Frankfurt am Main.

Defense Tactics | January 2019

Alternative Dispute Resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

DISCLAIMER
FSK from 18 (no youth release according to § 14 JuSchG FSK)

I hereby certify that I am at least 18 years old. The learned techniques may only be used in self-defense or for emergency aid. The result of the hits or applications can be partly fatal. The abuse entails criminal consequences. I declare that I am fit for sports and can participate in training with the online learning platform Defense Tactics. Defense-Tactics instructors are released from liability for damages resulting from a lack of sporting health.

We would like to point out that we can not guarantee the effectiveness or certain results of our system.

Exercises you do with partners are entirely your responsibility.

You act solely on your own responsibility. We exclude any liability!

You commit yourself with the learned knowledge to do no harm to others and to observe the legal regulations in a self-defense situation.

https://de.wikipedia.org/wiki/Notwehr_(Germany)
https://en.wikipedia.org/wiki/Stand-your-ground_law

We wish you a lot of success and train regularly!
Your Defense Tactics Team


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