General terms and conditions of the company KC Fortunefamily Ltd
1. Scope
(1) The following general terms and conditions apply to all legal transactions between KC Fortunefamily Ltd (hereinafter “we” or “organizer”) and its purchasing partner (hereinafter “you” or “participant”). The following terms and conditions apply and are addressed solely and exclusively to participants who are businesses. A participant is a business customer who is concluding a transaction wholly or mainly for use in connection with the participant‘s trade, business, craft or profession, even if the participant is an individual.
(2) For the purposes of the present general terms and conditions, the term “event” shall mean an event / program / training and all online programs offered by the
2. Creation of contract
(1) Some of the events are offered by the organizer via DIGISTORE24. By submitting his/her declaration of participation, the participant agrees to be bound by these terms to the exclusion of all other terms except where the purchase is made via DIGISTORE24, in which case, DIGISTORE24’s general terms and conditions shall also apply. Participation at an event is offered exclusivey to businesses and by submitting his/her declaration of participation, the participant confirms and accepts that is acting in a business capacity as defined above and not in any other capacity.
(2) The organiser makes the participant an offer from which the price and details of the respective event are derived; the offer can be made in writing (e.g. e-mail) or verbally. The contract is concluded upon acceptance by the participant of the offer, which can be declared verbally or in writing, or non-explicitly by paying the agreed price to the organizer. Therefore, the payment is also considered an acceptance of the offer and a confirmation of these Terms. By submitting his/her declaration of participation/making a payment the participant acknowledges that he/she has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the organiser which is not set out in these terms and that participant has no claim for innocent or negligent misrepresentation based on any statement in this contract.
(3) Even with a payment by transferring a deposit amount for participation in an event, par- ticipation is binding, and the participant thereby makes a binding declaration for the pur- chase and Section 2 Paragraph 2 applies. There is no exclusivity, i.e. the organizer can also offer its services to competitors of the participant.
(4) The participant is not entitled to a specific facilitator or mentor
(5) The organizer can change individual components of an event if this is necessary and reasonable for the participant and thus essential parts of the event would not be changed
(6) By participating in an event, the organizer does not promise any concrete or specific success or result, and in this respect, it does not provide any guarantees, unless the success or guarantee is expressly agreed.
3. Payment
(1) The participation fee for the respective event is based on the current price agreement or the event program of the organizer at the time of purchase. Organizer reserves the right to change the prices at any time but changes will not affect participations which have already been confirmed by the organizer. In case the parties agree to a partial upfront payment, the organizer will grant a grace period in which the participant can pay the outstanding amount. After expiry of the payment deadline, the organizer is not bound tot he agreed price and can apply the then valid price for the purchased event
(2) All payments are due and payable immediately after invoicing without any deductions, but in any case, before the commencement of the event, unless another payment term has been expressly
(3) If certain discounts or special offers are advertised, these are limited in time or quantity. There is no entitlement to this.
(4) Prices for each event are exclusive of amounts in respect of value added tax (VAT). Participant shall, on receipt of a valid VAT invoice from the organizer, pay to the organizer such additional amounts in respect of VAT as are chargeable on the supply of the event.
(5) If individual services are not used by a participant through no fault of the organizer, the participation fees as well as any additional agreed fees and costs will still be
(6) Payment options in installments are specified by the organizer in
(7) If the participant is in default of payment, the provider is entitled to refuse performance until all payments due have been made. The organizer is authorised to withhold or interrupt services without being obliged to pay compensation. These rights apply without prejudice to other contractually agreed or statutory rights and claims of the organizer. In this case, the organizer retains the right to payment of the participation fees and costs.
4. General conditions of participation
(1) Participation in an event cannot be divided between different participants. The access to live-Calls, online events shall not be shared with another person.
(2) The participant’s conduct shall be considered contrary to purchase and can be excluded from the event if the participant:
a) disrupts or intends to disrupt the event lastingly, regardless of a warning, or behaves or intends to behave significantly contrary to good morals, or does not follow the instructions of the trainer, so that the smooth operation of the event cannot be guaranteed and further cooperation is no longer reasonable, or
b) is under the influence of alcohol or other narcotic drugs or antidepressants or psychotropic drugs that can impair his ability to react and his physical condi- tion, or
c) carries out advertising of any kind for products or services of the organizer without the prior express written consent of the organizer, or
d) uses or intends to use the event for purposes other than those that are part of the event.
The mentor in charge of the event is authorized to exclude the participant. In the case of exclusion, the organizer retains the right of payment of the participation fees plus any activities/event package fees to be paid and other third-party costs. Further claims for damages and reimbursement claims of the organizer remain unaffected.
(3) Paragraph 2 applies accordingly to physical or health problems of the participant which, in the opinion of the organizer and / or mentor, could impair the proper participation of the participant or other participants.
(4) The mentor is authorized to issue instructions to the participants for the duration and within the framework of the event.
(5) By registering, the participant agrees that pictures, sound and video recordings may be made of him. These can also be distributed and published by the organizer for their own advertising purposes, in print and online media. The organizer does not pass on the recordings to unauthorized third parties.
(6) In the case of on-site events: In order to participate in any event, the participant is re- sponsible for the timely arrival, return journey and compliance with any entry regulations and their timely preparation (e.g., procurement of any necessary documents). The or- ganizer only makes a recommendation from the travel organization. However, the pre- determined activities/event package is mandatory.
5. Safety and Health at Live Events
(1) The participant’s attention is drawn to the fact that the implementation of a live event is not free from risks. Of course, the organizer will do its best during the planning phase, but there are many factors that the organizer may have some or no control.
(2) The following instructions must therefore be strictly observed:
a) Be sure to follow the instructions of the mentor and
b) If you discover or have the feeling that you are not suitable for a measure, please inform the mentor immediately.
c) If you find that other participants are unsuitable (e.g., drunk, scared, ), please inform the mentor as well.
3) If, after the event or after reading the documents / media, you apply or implement the knowledge you have learned or experienced there on your own or with third parties, the organizer can of course not guarantee that the application or implementation is lawful and done correctly.
(4) If you take medically prescribed medication and / or carry out medically prescribed measures or measures based on medical findings, you should not change the medica- tion or measures due to the event you attended without consulting your doctor. This means that the participant cannot deduce from participating in a seminar or coaching that he should stop medically prescribed medication or medical measures without con- sulting his doctor or change the dosage or the prescribed intake.
6. Limitation of Liability
(1) References to liability in this paragraph include every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
(2) To the fullest extent permitted by the applicable law, organizer excludes: (a) all liability for loss, injury or damage to persons or property at the event; (b) all indemnities, warranties, representations, terms and conditions (whether express or implied); and (c) any actual or alleged indirect loss or consequential loss howsoever arising suffered by you or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If organizer is liable to participant for any reason, organizer’s total liability to participant in relation to the event (whether under these terms or conditions or otherwise) is limited to the amount of fees received by organizer.
7. Copyrights
(1) The documents and files handed over to the participant are subject to copyright law even if they have not reached the required level of creation in individual cases. The participant may only use the documents and files for pri- vate use and within the framework of the legal permits.
(2) Photographs during the event by the participant are permitted in the event, provided they only record an insignificant part of the event and in no cases presentations or any other learning or teaching documents. However, the participant is responsible for observ- ing the personal rights of other participants and third parties as well as other rights of third parties (e.g. copyrights, property rights). Film and sound recordings of essential seminar points (content) are completely prohibited.
8. Withdrawal of the organizer
(1) The organizer can postpone an event in terms of time and location if the intended trainer / mentor is absent due to illness through no fault of the organizer and a replacement trainer is not available. In this case, the participant is not entitled to a refund of the par- ticipation fees that have already been paid. The organizer will offer the participant a voucher in the event of a seminar postponement or a relocation of the seminar location. The participant has no other claims.
(2) Paragraph 1 applies accordingly if, through no fault of the organizer, the location rented by the organizer is unavailable and a replacement location cannot be made available in good time.
9. Termination / cancellation by the participant
(1) Participant cannot terminate or cancel his/her participation after this has been confirmed by the organizer. In the event of termination, or failure to attend the event, the full amount of the participant‘s fee remains payable.
10. Force majeure, postponement of the live event
(1) In the event of force majeure (as defined below) that leads to the cancellation or interruption of the purchase or the live event, the organizer can withdraw from the purchase In these cases, the participant receives a voucher that he can redeem for an alternative date offered by the organizer.
(2) To the fullest extent permitted by the applicable law, organizer shall not be liable to participant for any loss, delay, damage or other liability incurred resulting from or arising in connection with the cancellation or date change of the event howsoever arising or any venue change. Partipant acknowledges and agrees that the provisions of this paragraph 10 set out the sole remedy should the event date and/or venue be changed or cancelled and all other liability of organizer is expressly excluded
(3) Force majeure means any event arising that is beyond the reasonable control of the organizer including (without limitation) speaker cancellation or withdrawal, supplier or contractor failure, venue damage or cancellation, health scares, industrial dispute, governmental regulations or action, military action, fire, flood, disaster, civil riot, acts of terrorism or war. prohi- bitions by the stateauthorities, police, etc. to hold the live event; Travel bans by the organizer or speaker; Cancellation of other participants in significant numbers, so that the formative character of the live event is lost.
(4) It is agreed that the conclusion of a contract in the course of an epidemic / pandemic / epidemic or other long-lasting conditions of force majeure does not exclude the possibil- ity of invoking force majeure.
(5) The organizer may (at its sole discretion) change the date or cancel an event at any time for an important reason (to be determined solely by the organizer).
(6) As an alternative to the cancellation of the event, organizer shall be entitled but not obliged (in its sole discretion) to either: (i) provide alternative facilities or venue for the event; and/or (ii) reschedule the event. Any of the fees received by the organizer shall be applied to any rearranged or rescheduled event held pursuant to this paragraph and participant shall not be entitled to object to such rearranged or rescheduled event or have any right to claim any compensation in respect thereof. If organizer is unable or elects not to rearrange or reschedule the event, then organizer can offer a voucher that the participant can redeem for another live event or other services provided by the organizer within 2 years.
(7) Subject to the provisions above, If, by reason of any force majeure, organizer is delayed in or prevented from performing any of its obligations under this terms, then such delay or non-performance shall not be deemed to be a breach of this terms and no loss or damage shall be claimed by participant by reason thereof. Organizer‘s obligations shall be suspended during the period of the delay or non performance and organizer and participant shall each use reasonable endeavours to mitigate the effect of the force majeure event.
11. Data protection
(1) As far as this is necessary for the establishment, implementation or termination of a cus- tomer relationship, the organizer will collect, process and use the personal data of the participant. Otherwise, he will only collect, process and use personal data with the prior consent of the participant. His personal data will only be used for the purpose and scope stated in the consent. For example, the organizer will only inform the participant about his products and services with the appropriate consent. The participant can revoke his consent at any time with effect for the future. After receipt of the revocation, the organizer will delete his data. Please send the revocation to the following address: E-Mail: hallo@fortune-family.com
(2) The collection, processing and use of personal data is carried out by the organizer or service providers commissioned by him. In this case, it is ensured that the service pro- viders comply with the relevant statutory data protection rules and the obligations arising from this data protection notice. Service providers can be commissioned, for example, in the context of the dispatch of goods or advertising materials.
(3) Otherwise, no third party has access to the participant’s personal data. In particular, the organizer will not sell these or exploit them in any other way. He will only process the data in response to official or legal requirements as well as in the event of legal notifica- tion obligations, in particular transmit it to the state authorities.
(4) The organizer deletes the personal data if the business purpose associated with the data no longer applies or the relevant statutory data protection regulations require this.
(5) At the request of the participant, the organizer will block personal data in whole or in part. As far as technically possible, the participant can exclude the processing and use of his data for certain areas in this way.
12. Special provisions for media (e.g., books, etc.)
(1) The warranty for the delivered goods is limited to a replacement delivery.Claims to cancel the purchase or for price reduction are excluded, provided that a replacement delivery takes place within a reasonable period of time. Objections due to defects in the goods can be made within 8 days. If the inspection of the defective goods reveals that the defects can be traced back to the fault of the buyer (e.g., damage due to improper handling), the buyer bears the costs of the replacement delivery.
(2) An exchange of the ordered goods is only possible in the event of incorrect delivery or manufacturing defects. In the case of returns, the invoice must be enclosed, otherwise processing is not possible, or the proof of purchase must be proven by other suitable means, unless the customer ordered directly from the organizer / supplier by The organizer will bear the costs fro the returnment of a defective product, howver, limited to the standard delivery costs.
(3) Unless otherwise agreed, delivery will be made from the warehouse to the delivery ad- dress specified by the participant / customer. The delivery takes place with the Deutsche Post (DHL). For deliveries to other countries, the appropriate shipping route will be se- lected and the shipping costs will be invoiced according to expenditure.
(4) The purchase also takes place via Digistore24 and their specified terms and conditions and other terms and conditions apply here. We reserve the right to make price changes prior to the conclusion of the purchase contract and errors are excluded.
(5) A guarantee that certain products will fulfill the purpose requested by the customer is not Τhe terms implied by s. 15, 16 and 17 of the Sale of Goods Act 1994 are, to the fullest extent permitted by law, excluded from this agreement.
(6) The delivered goods remain the property of the organizer / supplier until they have been paid for in full.
13. Amendments to these terms and conditions
(1) Orgnizer reserves the right to amend these terms and conditions from time to time. However, participant will be subject to the terms and conditions in force at the time of declaration of particpant’s participation.
14. Place of performance
The place of performance is the location of the event.
15. Applicable law
These terms shall be governed by the laws of the Republic of Cyprus, , excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law/CISG) and the Courts of the Republic of Cyprus shall have exclusive jurisdiciton. Nothing in this paragraph shall prevent or restrict organizer from pursuing any action against participant in any court of competent jurisdiction.
16. Ineffectiveness of individual provisions
Should a provision of these terms and conditions be ineffective, the effectiveness of the re- maining provisions will not be affected. In such a case, the parties undertake to replace the invalid or unenforceable provision by a valid or enforceable provision which comes as close as possible to the meaning and purpose of the economic intent. The same applies to any legal loopholes in these terms.
17. No assignment
Participant cannot assign, transfer, mortgage, charge, subcontract, delegate or deal in any other manner with any of its rights and obligations under this agreement.