Terms and conditions

The following General Terms and Conditions (GTC) govern the use of the services provided by experts and online course creators (hereinafter referred to as “DSS”).

 

Scope of application and applicable law

§1 Scope of application

§1.1 The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs with DSS Marketing Management Khalifa BA Balila Building Office M7, Abu Hail Dubai, UAE PO Box 1288 Dubai (hereinafter referred to as DSS). Legal transactions can be concluded in person, by post, via WhatsApp/Telegram, by email, in an initial consultation, or via the website.

§1.2 Only the terms and conditions listed here apply. Any deviating conditions must be agreed to by DSS in writing.

 

§2 Applicable law and consumer protection regulations

§2.1 The law of the United Arab Emirates – Dubai applies.

§2.2 In the event that the customer is a consumer within the meaning of § 13 BGB (German Civil Code) under German law and has their habitual residence in a member state of the European Union, the law of the UAE shall also apply. By purchasing a product from DSS Marketing Management LLC, the contractor expressly agrees that the place of jurisdiction for all disputes arising from DSS contracts is Dubai, UAE, and that only the laws of Dubai apply to the purchase contract.

§2.3 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§2.4 The version of these General Terms and Conditions valid at the time of booking applies.

§2.5 The prices valid at the time of booking apply. If certain discounts or promotional offers are advertised, these are limited in terms of time or quantity. There is no entitlement to them.

 

Conclusion of the contract, payment terms, term of contracts, and vouchers

§3 Subject matter of the contract

§3.1 The subject matter of the contract is digital products and online courses. All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.

 

§4 Prices, payment terms, and due dates

§4.1 Our prices are net prices. Statutory VAT is levied in the country in which the recipient of the service is located.

§4.2 An invoice is always sent to the customer by email in the form of a PDF document, including the General Terms and Conditions. Depending on the product, the payment terms and methods are either displayed directly by the payment provider or specified in advance in a DSS contract.

§4.3 Access to the respective products is contingent upon prior receipt of payment. Once the payment or deposit has been booked, the customer is entitled to the purchased product.

§4.4 In the case of an agreed installment payment, the price is increased compared to the original price. The customer has the right to pay the full amount in part or in full at any time before the end of the agreed period. If an installment is paid late, DSS is free to block the account for this period. In the event of a further delay, DSS is free to terminate the contract.

§4.5 If internal dunning procedures are unsuccessful, DSS is free to transfer the outstanding claim to a lawyer for collection. In this case, additional costs for the use of legal representation will be charged.

§4.6 The customer is not entitled to assert payment claims or a right of retention against DSS or to offset them, unless these are undisputed or titled counterclaims.

 

§5 Conclusion of the contract

§5.1 The following applies to bookings made verbally, by telephone, in writing, by email, SMS, WhatsApp, or a messenger service: If an invoice is sent directly by DSS by email as a PDF, the contract is immediately legally binding. In this case, the only payment method is bank transfer. If the booking is made via the payment provider Digistore24, the terms and conditions, payment methods, and payment terms prevailing there apply.

 

§6. Contract term and termination

§6.1 The respective term of the contract depends on the product or subscription booked.

§6.2 The extraordinary right of termination of each party remains unaffected. DSS has an extraordinary right of termination in particular if there are more than two instances of late payment, if there has been an intentional violation of the provisions of these General Terms and Conditions and/or if prohibited actions have been committed intentionally or negligently, or if the relationship of trust has been permanently disrupted.

§6.3 Termination of a subscription must always be in writing and confirmed by DSS by email. Notice of termination must be submitted at least two weeks before the end of the term. Verbal notices of termination are not legally valid.

 

Details on the range of services and cancellation conditions

§7 Scope of services and unused services

§7.1 The scope of services of the product depends on the product purchased.

§7.2 Some course formats include live group sessions. All live calls are recorded and are available to participants of the respective course for the duration of the contract.

 

§8 Right of withdrawal for consumers

§8.1 As a consumer, the customer has a right of withdrawal in accordance with the instructions listed in the appendix.

§8.2 The withdrawal period begins with the conclusion of the contract. The contract is concluded at the moment the customer receives the confirmation email of the purchase including the invoice. The customer may withdraw from the purchase free of charge within 14 days, provided that the product has not yet been used. If the customer’s personalized login details have already been activated, consumption of the product begins and the right of withdrawal is thereby revoked.

§8.3 For certain subscription products, DSS offers the customer a 14-day free trial period. DSS is free to limit the content for this period. For these products, the subscription begins automatically after this trial period, provided that the customer does not submit a written cancellation to DSS.

 

§9 Right of use for digital content or documents from the online course

§9.1 Access to the online course/digital product is personal and non-transferable. Sharing access is strictly prohibited.

§9.2 Audio/video and PDF files and other documents may only be accessed (downloaded) and printed for personal use. All rights of use to files and documents are reserved by DSS. The samples, documents, audio files, and videos may not be reproduced or made available to third parties, either free of charge or for a fee. The documents are also not intended for use in consulting. No parts of videos, group calls, or various courses may be filmed or recorded.

§9.3 Therefore, the creation of copies of files or printouts for third parties, the transfer or forwarding of files and documents to third parties, or any other use for purposes other than personal study, whether for a fee or free of charge, requires the express prior written consent of DSS during and after completion of the course.

§9.4 Furthermore, video courses may not be filmed and published in the same form with the same content, either free of charge or for a fee.

§9.5 If the aforementioned rights of use are violated, DSS has the right to demand a penalty of €5,000.

 

§10 Collection, storage, and processing of personal data

§10.1 Specific data is required to execute and process a booking. Depending on the product, this data is obtained from the mandatory fields on Digistore24 or the mandatory fields in the DSS contract.

Digistore24 privacy policy: https://www.digistore24.com/page/privacy/1/de

 

§11 General information about DSS products

§11.1 Participation in the online courses is based on cooperation between the customer and DSS.

§11.2 Participation requires a willingness to learn on one’s own responsibility. DSS does not promise any specific success for these processes. DSS is merely a process facilitator and provides assistance, templates, and instructions. The implementation and decision-making are the sole responsibility of the customer. No refunds will be given if success is not achieved.

 

§12 Confidentiality of both parties

§12.1 DSS undertakes to maintain confidentiality regarding all confidential information of the customer during the duration of the course and also after its completion. This also applies to private matters of the customer and other participants in the group sessions.

§12.2 The customer is obliged to maintain confidentiality regarding all information to be treated as confidential that becomes known to them in the course of the cooperation. This also applies to private matters of other participants in the group sessions.

 

§13 Liability for content

§13.1 The files, videos, and documents provided by DSS are up to date at the time of creation. Should changes occur over time, DSS will endeavor to incorporate these updates into its products. If this is delayed, there is no right of withdrawal or termination for this reason.

§13.2 DSS reserves the right to optimize and adapt the content at any time.

 

§14 Limitation of liability

§14.1 DSS shall be liable for intent and gross negligence. Furthermore, it shall be liable for negligent breach of duties, the fulfillment of which is essential for the proper execution of the contract and the breach of which jeopardizes the achievement of the purpose of the contract. In the latter case, DSS shall only be liable for foreseeable damage typical for this type of contract. DSS shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb, or health. Liability under the Product Liability Act shall remain unaffected.

§14.2 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. DSS is therefore not liable for the constant and uninterrupted availability of the service. Should failures occur, DSS will always endeavor to remedy them as quickly as possible. Regular maintenance windows will be announced.

 

Final provisions and place of jurisdiction

§15 Amendments to these General Terms and Conditions

§15.1 These General Terms and Conditions may be amended if there is an objective reason for the amendment (e.g., changes in the law, adjustments to offers, changes in case law, or changes in economic conditions). The customer will be informed immediately of any significant changes. If the customer does not agree to these changes, they have the right to withdraw within 14 days. After this period has expired, these new provisions shall become an effective part of the contract.

 

§16 Final provisions

§16.1 The terms and conditions set out here are complete and final. Amendments and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract – whereby email (text form) is sufficient.

§16.2 The place of jurisdiction for all disputes is Dubai, United Arab Emirates.

§16.3 Should individual provisions of this contract be or become invalid, this shall not affect the remainder of the contract. The scope of services agreed in the provision shall then be adjusted to the extent permitted by law.