General Terms & Conditions

for BECOMING MORE e.U.

 

General Terms and Conditions (GTCs)
for BECOMING MORE e.U.
Status: 16 June 2021

Basic information:

All services offered take place as workshops/trainings/seminars, they serve to impart knowledge and success is not owed.
Coaching takes place according to the guidelines of the life & social counsellors in training under supervision in Austria.
Both mental training and coaching or counselling serve to strengthen clients, but are not a substitute for psychological, psychotherapeutic or medical treatment and it is the clients’ own responsibility to seek these out if necessary. There is no diagnosis or therapy, clients must ensure that they are physically and mentally healthy enough to participate in the services without endangering their own health or that of the participants or the coach.
Participation in mental training and coaching is also a matter of personal responsibility, as is the application of the knowledge imparted. It is hereby expressly pointed out that Manuel David Hunold, MSc., owner of BECOMING MORE e.U., is neither authorised to practise medicine nor can he offer a substitute for it.
Should any individual provision of contracts or the GTCs be invalid, the remaining provisions shall remain in force and the invalid provision shall be replaced by a valid provision that is economically comparable and comes as close as possible to the original intention.
Deviations or exceptions from the GTCs shall only apply if they have been expressly agreed upon and written down between the customer and BECOMING MORE; the remaining provisions of the GTCs shall remain unaffected.
BECOMING MORE reserves the right to change the website and/or the GTCs at any time. In such a case, the GTCs shall apply that were stipulated in the contract with the client at the time, with the exception of changes required by law or by the authorities, which shall also apply retroactively to contracts that have already been concluded.

Services in the area of beatboxing & voice training:

All techniques taught in the training sessions are the sole responsibility of the participants. No liability is accepted for improper use and, in accordance with the nature of what is taught, no guarantee can be given that participants will learn the sounds or techniques, as the practice of these is their own responsibility. The same applies to problems with the vocal apparatus, it is explicitly pointed out that all participants are responsible for their own health and no one should use their vocal apparatus in a way that causes pain or problems. It is the individual’s responsibility to report any existing or during/after service problems with the vocal apparatus or other limitations that could affect the voice and beatbox training before participation and to seek medical attention.

Registrations:

Registrations for all services offered can be made electronically or by telephone. Each form of registration is binding and as soon as one has registered or placed an order, the terms and conditions are automatically accepted.
For all workshops, trainings etc. where a limited number of places are available, there is no guarantee of a place, but the participants who have registered and paid first will be given priority.
BECOMING MORE reserves the right to exclude participants from workshops/seminars/coachings without further reason to ensure the achievement of the goals of all participants and their well-being. If participants use the event to offer their own products or services, disrupt the course despite a reminder or repeatedly fail to follow the trainer’s instructions, they may also be excluded from the event.
If an exclusion takes place before the respective date, 100% of the costs will be refunded. If a participant is excluded from a seminar/workshop/training that is already in progress, there is no entitlement to a refund of the costs.
Required data for registration are first and last name, address, e-mail address and telephone number for private persons and additionally company name for companies.

Terms of payment:

All services are to be paid in advance. Amounts must be received in the account at least two weeks before the date of the workshop/training/coaching/service, otherwise participation in these is expressly not possible.
Payments for workshops that run over several days/weeks (such as the BECOMING MORE Show) can be paid in instalments by arrangement.
Customers will receive account details and payment options with the invoice by email. If bank charges or other processing fees are incurred for payments from abroad, these are to be borne by the client in such a way that the final amount corresponds to the advertised price.
In the event of default in payment (including default for which BECOMING MORE is not responsible), BECOMING MORE reserves the right to charge contractual interest on arrears at a rate of 7% above the base interest rate p.a. Claims for compensation for proven higher interest rates shall not be affected by this. The customer agrees to pay a reminder fee of 25€ per reminder if the need for a reminder arises. Any legal costs incurred and appropriate (reminder fees, collection fees, etc.) shall be borne in full by the customer in the event of late payment.

Cancellations, absences, cancellation conditions:

Cancellations of appointments within 48 hours prior to the appointment must be made by email with a valid reason (illness with proof, emergencies, unforeseeable events beyond own control). Cancellations for individual sessions must be communicated by email at least 48 hours in advance of the agreed appointment time. If a cancellation is made within 48 hours of the appointment without good reason, the right is reserved to charge 50% of the price for the agreed appointment as a cancellation fee. In case of unexcused absence, 100% of the costs will be charged.
Participation in seminars/workshops/retreats/training (all group settings) may be subject to a handling fee of 25% of the fee. If cancellation is made within 2 weeks of the start date, 50% of the agreed fee will be charged, later cancellations will be charged 100% of the agreed fee. It is possible to give the place to a substitute participant, as long as this is communicated, no cancellation fees will be charged.
If payment is made in instalments, there must also be a valid reason for exemption from payment of the remaining instalments, otherwise the right is reserved to also charge the above-mentioned cancellation fees. Furthermore, as seminars, workshops, training courses, programmes etc. are in themselves a completed product, there is no right to a refund of payments already made or to a waiver of outstanding fees in the event of cancellation, absence or interruption; the entire fee for the product must always be paid unless there is a valid reason as mentioned above. Here, too, there is a possibility of transferring the remaining units to substitute participants without additional costs.

Changes of dates on the part of BECOMING MORE:

We reserve the right to make changes to the date and time of events, participants will be notified in good time by email. Postponement of dates may occur for valid reasons, participants have no right to the implementation of seminars/workshops/coachings. Furthermore, an alternative date will be offered within 6 months at the latest and participants will not be entitled to a waiver of costs or any claims such as expenses, financial losses, etc. If BECOMING MORE cancels an appointment without an alternative date, the costs will be refunded at 100%. In case of force majeure (extraordinary events which cannot be foreseen, such as pandemics, war, natural disasters, illnesses, etc.) BECOMING MORE reserves the right to suspend services until the force majeure has ceased.
Local
Unless otherwise agreed, all services take place online via Zoom or comparable video call apps. The use of these is subject to the respective terms and conditions of the apps themselves. Participants are expected to ensure that they have a stable internet and audio connection. If a lack of these causes problems or missing services, this is the responsibility of the participants and they are not owed a make-up or extension of appointments/units. If services take place offline, the rules, policies and house rules of the respective locations or facilities apply. Should a change of location become necessary, this will take place due to factual and/or factual reasons and participants will be informed promptly. If possible, a change of location will be made to a comparable new location that is as close as possible to the original location. Such a change does not give rise to any legal claims.
Online Services
Online services (courses) are created by BECOMING MORE, can be found embedded on the website and can be purchased, however, the terms and conditions of the respective hosting company apply. Payment is made via their payment system, which is also indicated in the purchase process. The right is reserved to change the provider without justification.

Copyright:

If the participant receives scripts, workbooks, working materials etc., these will be provided electronically as pdf files, the costs for which are already included in the agreed prices for the services. All documents are subject to the copyright of BECOMING MORE or Manuel David Hunold. All methods, models etc. have source references and participants must respect and ensure that the copyright and the sources are respected.
Copying and passing on to third parties is not permitted.
All content (texts, photos, videos, audios, logos, branding) on the website as well as the associated social media portals are subject to the copyright of Manuel David Hunold, BECOMING MORE e.U. or third parties. Reproduction or use outside of private purposes is expressly prohibited. Exceptions will only be made by arrangement and must be stipulated in writing.

Liability:

No liability is accepted for personal well-being or personal possessions. All participants act on their own responsibility, the knowledge imparted is to be applied by the participants themselves and no liability claims can be made in this respect. By registering for the services offered, participants automatically confirm that they are in normal mental and physical health, will only carry out practical exercises as long as their own health permits, will act on their own responsibility, will seek professional help if necessary and are adequately insured. If a participant is undergoing medical treatment, including psychotherapy, it must be clarified with the therapist in advance whether participation in workshops etc. is possible.
The same applies to all content on the website and the linked social media channels. The content provided is updated regularly, but due to its nature it is always subject to change and no guarantee is given for its accuracy, completeness, continuity or up-to-dateness. No liability whatsoever is assumed with regard to this content either; users of the website or social media channels act on their own responsibility as mentioned above. The same applies to links to other websites, no liability is assumed for their content, the respective operators of these websites are responsible for it.

Rewards from recommenders:

It is possible to offer potential referrers of customers the prospect of a bonus. The amount of this depends on the service ultimately purchased by the recommended customer and is agreed in advance, unless something has already been announced on the website. The payment of the referral premium will be made as soon as the service has been completed with the customer and/or the customer has paid the full price of the service; there may be no cancellation/withdrawal from the service, otherwise the premium will be forfeited. This means that the premium entitlement arises as soon as the referred client completes the last unit (as long as payment and other requirements have been met); a partial premium does not arise in the case of partial completion of services.
In addition to payment in cash value, there is the possibility of claiming services in the amount of the value at BECOMING MORE. Recommenders undertake to act in a legally compliant manner when recruiting potential customers and may not pretend not to receive a bonus. It is prohibited to post links to the website, including referral links, on illegal websites or radical, pornographic, discriminatory, fraudulent or violence-glorifying websites. The use of bots or spam and mass mailings to advertise BECOMING MORE is also prohibited. The recommender cannot recommend himself/herself and a bonus will only be paid if new customers are recommended, unless otherwise agreed. BECOMING MORE reserves the right to refuse or reclaim premiums if the recommender has acted contrary to contract or morality, e.g. in case of attempted or actual fraudulent obtaining of premiums or misuse of the recommendation system; furthermore, recommenders and persons concerned can be excluded from all services and the premium programme without legal claim in this context.
As soon as a claim for a reward arises, the recommender will be informed in order to initiate either the payment or the use of services as a reward. The choice must be made by the recommender within 6 months of the premium claim, otherwise all claims will be forfeited completely and definitively.
Monetary values will only be transferred to the account of the recommender by bank transfer in euros, provided that a corresponding invoice is issued which includes the IBAN of the recommender. If payment of the cash value was requested, the invoice must be submitted within 6 months of the premium claim, otherwise it will be waived in its entirety without exception. Any expenses or other fees incurred in connection with the bank transfer must be borne by the recommender. The same applies to the settlement of any taxes or fees arising from the premium.
BECOMING MORE reserves the right to change, pause or terminate the referral programme at any time and without notice. This is the case, for example, in the event of a customer stop, illness or other technical or legal reasons.

Anonymity and data protection:

Emails and electronic messages, all content of coaching, training and seminars/workshops are treated confidentially. No personal data will be shared with third parties and clients have the option to be assigned a nickname/pseudonym during services. Participants assure with their participation that no data of other participants will be passed on to third parties.
If BECOMING MORE takes photos, screenshots, videos or audio recordings during events, participants will be informed of this in advance. These recordings will be sent to the participants afterwards – but can also be used for advertising purposes. BECOMING MORE e.U. retains all rights to recordings. Consent to this can be revoked by email.
Private photos taken by participants must ensure that all persons pictured have given their express permission in advance.
BECOMING MORE e.U. reserves the right to pass on the necessary data of the customers within the scope of order processing for accounting activities, the same applies to payment reminders or dunning letters, which can be passed on to collection agencies.
Data will not be passed on for any other purpose. You have the right to request free information about the storage of your data or to have it deleted. If you wish to do so, please send us a request by e-mail.
See also: https://www.becoming-more.com/privacy/

Legal declaration and place of jurisdiction:

Should legal disputes arise from the contract, the competent court at the headquarters of BECOMING MORE in Vienna shall have exclusive jurisdiction, irrespective of the amount in dispute; the contract is based on Austrian law.
Should legal regulations or the rights of third parties be violated, please notify me without cost note. Subsequently, the respective contents will be removed or corrected immediately, without the need for you to engage legal counsel. The involvement of legal counsel for the purpose of a warning with costs does not reflect its real or presumed will and violates § 13 para. 5 UWG (pursuit of extraneous goals as the dominant motive for initiating proceedings) and the duty to mitigate damages. In the event that costs are claimed and/or legal counsel is called in without prior notice, these are rejected in their entirety and the right is reserved to call in legal counsel in order to file a counterclaim on the basis of the above provisions.