Preamble:

MentorMorphis is a counselling agency that offers personal development coaching for clients. The live coaching and the various motivational offers are represented by a range of diverse programmes which can be booked by the client and, depending on the offer, consist of seminars, lectures but also of individual one-to-one sessions.

1. General provisions
   

    

   • The following contractual provisions (hereinafter: GTC) shall apply to all contracts concluded with the Client (hereinafter: CLIENT) via the online shop of MentorMorphis – owned by Nadeela Menges, Platanenstraße 7, 65933 Frankfurt, Germany (hereinafter: MENTORMORPHIS), collectively referred to as the PARTIES, under the domain https://www.mentormorphis.com. The CLIENT shall be entitled to terminate the contract at any time.
   • These GTC contain special provisions for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTERPRISE). These special clauses for business transactions are marked by an explicit reference to SUBCONTRACTORS and do not apply to transactions with consumers within the meaning of § 13 BGB.
   • MENTORMORPHIS does not recognise any differing general terms and conditions brought forth by the client, unless MENTORMORPHIS has expressly agreed to them in writing.
2. Subject of the contract & conclusion of the contract
   

    

   • The subject of this contract is the booking of coaching or counselling seminars, lectures and individual lessons (hereinafter: CONTENT(S)) held by MENTOR MORPHIS. All agreements between MENTOR MORPHIS and the CLIENT for the purpose of carrying out the counselling and coaching are set out in the specific offer (appointment booking, description on the website or in the shop) of MENTOR MORPHIS.
   • Within the framework of the contract, MENTORMORPHIS commits to provide the offered coaching content to the best of its knowledge. MENTORMORPHIS will be guided by the criteria shown on the page and, in the case of individual lessons, also by the other documents and information provided by the CLIENT. However, MENTORMORPHIS is free to establish further criteria without consulting the CLIENT, provided that these do not conflict with the purpose of the contract.
   • The CLIENT can place the desired CONTENTS in the shopping basket by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping basket. During the ordering process, the CLIENT must enter the necessary contact data for dispatch and payment. The CLIENT can then complete the order by clicking on the button “conclude contract subject to payment”.
   • The CUSTOMER can correct input errors s/he has made by entering the desired quantity in the shopping basket and using the buttons provided. This includes contents erroneously entered into the shopping basket. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the “forward” and “back” buttons of the browser.
   • The presentation of the contents viewable on the MENTORMORPHIS online shop merely represents a non-binding invitation to the CLIENT to book the CONTENTS. By placing an order, the CLIENT makes a binding offer to conclude a contract for the coaching content contained in the shopping basket. MENTORMORPHIS will immediately confirm the receipt of the order via an automated e-mail. The automated order confirmation of the shop system does not constitute a contractual relationship. MENTORMORPHIS will confirm the CUSTOMER’s offer to conclude the contract via a separate declaration of acceptance via e-mail, or by sending the data necessary to be able to use the CONTENT (like login data) within a period of 5 days or 3 working days after the order was placed. Only this separate declaration of acceptance or the receipt of the necessary data within the mentioned period shall trigger the contract to come into effect. Invoicing is equivalent to a declaration of acceptance. Please check the SPAM folder of your e-mail inbox on a regular basis.
   • The CUSTOMER can correct input errors using the buttons provided. In the order process, the CLIENT can correct input errors using the backspace key or the “Remove” key. The order process can be cancelled by closing the browser window.
   • The contract is concluded with MENTORMORPHIS –Owned by Nadeela Menges, Platanenstraße 7, 65933 Frankfurt, Germany. The CLIENT is obliged to notify MENTORMORPHIS immediately of any changes to data relevant to the contract – in particular changes to address data, bank details and/or e-mail addresses.
   • An order can also be made through an individual agreement between MENTORMORPHIS and the CLIENT.An order can be placed after communication via e-mail or via a personal appointment.A contract is generally concluded when the CLIENT sends a request to MENTORMORPHIS.MENTORMORPHIS will then prepare a non-binding offer based on the information provided by the CLIENT and will send it to the CLIENT.If the CLIENT confirms the offer, MENTOR MORPHIS will check the available capacities and confirm or reject the order.
3. Storage of the contract text

The contract text (including the GTC) will be saved by MENTORMORPHIS. The contract information regarding the order will be sent to the CLIENT by a separate text (mail). The GTC can be printed within our Website.

4. Informations about CONTENTS
   

    

   • The CLIENT and the person taking advantage of a CONTENT (hereinafter: PARTICIPANT) do not have to be identical. A booking for a third person is possible.
   • If the PARTICIPANT fails to appear at the date of the CONTENT, the agreed price still needs to be paid.
   • MENTORMORPHIS is entitled to cancel booked CONTENTS with a lead time of 14 working days at the latest, if, for example, the respective speaker is unable to attend due to a sudden, unavoidable event, such as illness having occurred at short notice, or if a set minimum number of participants is not reached, or if other disruptions in business occur, for which MENTORMORPHIS is not responsible.
   • In the event of cancellation of a CONTENT by MENTORMORPHIS, the USER will be refunded any ticket prices / fees already paid, or alternatively. the CLIENT may choose to take advantage of comparable CONTENT on another date according to availability. The refund shall be made by bank transfer. The CLIENT shall inform MENTORMORPHIS of his bank details for this purpose. Cancellation shall be made in text form (e-mail, fax, letter) or by telephone, if necessary also by notification on an answering machine / mobile phone mailbox. Further claims of the CLIENT are excluded.
   • MENTORMORPHIS is entitled to change the time of a certain CONTENT (like a fixed webinar or summit), the date or the speaker, for booked CONTENTS with a lead time of 5 working days, if this is necessary for the implementation of the event or for other compelling reasons. If the PARTICIPANT is unable to attend the CONTENT due to these changes, the CLIENT shall be refunded any ticket prices / fees already paid,or alternatively, the PARTICIPANT may take advantage of the CONTENT at his or her choice on another date subject to availability, provided the changes are not merely minor. The refund shall be made by bank transfer. The CLIENT shall inform MENTORMORPHIS of his/her bank details for this purpose. The change of the event location or the event time or the event date shall be made in text form (e-mail, fax, letter) or by telephone, if necessary also by notification on an answering machine / mobile phone mailbox. Further claims of the CLIENT are excluded.
   • All CONTENTS usually take place as webinars. Webinars take place exclusively via the Internet. If agreed between MENTORMORPHIS and the CLIENT CONTENTS can take place in other locations.
   • Participation in a webinar requires a broadband internet connection and a computer with the latest technical standards. The PARTICIPANT is responsible for compliance with these requirements.
   • Webinars are only available in real time at the scheduled time and cannot be accessed subsequently.
   • The recording of webinar CONTENT by a CLIENT or PARTICIPANT and its dissemination to third parties (including excerpts) is not permitted without the consent of MENTOR MORPHIS.
   • The legal right of withdrawal remains unaffected by the aforementioned regulations.
5. Copyright

All seminar documents and presentations are protected by copyright. All rights to the seminar documents are the exclusive property of MENTORMORPHIS or the respective author or publisher. Reproduction, transfer to third parties or other use, with the exception of use for the personal information of the participant, is only permitted with the prior written consent of MENTORMORPHIS.

6. Prices and shipping costs
   

    

   • The prices are valid on the day of the order as displayed in the online. The prices displayed in the online shop are in euros and include the statutory value added tax. In case of an individual agreement between MENTORMORPHIS and the CLIENT, the price of the individual agreement shall apply.
   • As digital events are involved, no shipping costs are incurred.
   • In individual cases, in the case of cross-border deliveries, further taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may be payable by the CUSTOMER.
7. Terms of payment
   

    

   • MENTORMORPHIS only accepts the payment methods offered during the order process in the online shop. The CUSTOMER selects their preferred method of payment from the available payment methods.
   • Payment shall be made on account. MENTORMORPHIS shall issue an invoice to the CLIENT within 14 days after the conclusion of the EVENT. The net purchase price (without deductions) is due for payment immediately, at the latest within 14 days of the invoice date. The statutory provisions regarding the consequences of default in payment shall apply.
   • If a delivery is made via payment by credit card, the CUSTOMER, by disclosing his credit card details, authorises the relevant credit card company to charge the full invoice amount, including any delivery and shipping costs incurred, when due. At the end of the ordering process, the CUSTOMER is requested to enter his credit card number, the expiry date of the credit card and the check digit in the corresponding form. Depending on the amount of the payment or the type of delivery, the CUSTOMER may be asked for a second required authentication feature by displaying the website of the credit institution. The CUSTOMER must then verify the payment transaction with his/her personal second authentication feature such as password, PIN, TAN (One Time Pin) or biometric data such as fingerprint or face scan using a special banking or payment app. The type of identification used depends on the respective payment service provider (e.g. the CUSTOMER’s credit card institution). In this case, the debit is initiated with the order confirmation. For more information, please contact your credit provider.
   • If a payment is made via PayPal of the company PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and legitimise himself with his PayPal access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER. The PayPal payment method can also be used to pay without a PayPal user account. With regard to the guest function of PayPal, the provisions available via the payment method shall apply. If the CUSTOMER selects payment by credit card in PayPal, he/she may be asked for a required second authentication feature by displaying the website of the credit institution, depending on the amount of the payment or the type of delivery. The CUSTOMER must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. You can find more information on the Paypal website at https://www.paypal.com/de/webapps/mpp/home.
   • CUSTOMERS who are ENTERPRISES in the sense of §14 BGB (German Civil Code) are only entitled to set-off rights if the counterclaims have been legally established, are undisputed or acknowledged by MENTORMORPHIS or if the conflicting claims are based on the same legal relationship. The prohibition on offsetting does not apply to CLIENTS who are consumers within the meaning of § 13 BGB.
8. Delivery and shipping conditions – information on the calculation of the delivery date
   

    

   • The delivery of the CONTENT shall be effected by the dispatch of the dial-in data to the CLIENT and holding the respective booked event.
   • The date of the event shall be specified separately for the respective CONTENT. When booking individual sessions, MENTORMORPHIS will contact the CLIENT and coordinate the details of the event individually.
   • Orders can be placed by all customers from the European Economic Area and, if applicable, the other countries indicated in the online shop and/or in the shipping costs table.
   • In the event of delays in delivery, MENTORMORPHIS shall inform the CLIENT immediately.
9. Right to cancel

Consumers are generally entitled to a statutory right to cancel. The legal regulations regarding any existing right to cancel are contained exclusively in the cancellation policy, which is available to the CUSTOMER as part of the ordering process.

10. Obligations of the CLIENT to cooperate
    

     

    • The CLIENT is obliged to provide MENTORMORPHIS with information, content and documents (e.g. images, texts, information) required in the course of the project (in particular in the case of individual coaching) in a timely manner and free of charge in digital form and in the file formats and resolutions defined by MENTORMORPHIS.
    • The CLIENT shall indemnify MENTORMORPHIS upon first request from claims for damages and reimbursement of costs of third parties based on the fact that templates were provided to MENTORMORPHIS by the CLIENT for use within the contract. MENTORMORPHIS does not check the contents, works and templates provided by the CLIENT to determine whether the CLIENT has sufficient rights of use or whether the contents, works and templates infringe the property rights (patents, trademarks, design rights, etc.) of third parties.
    • All data, information and documents provided by the CLIENT shall be treated with care by MENTORMORPHIS, protected from access by third parties and only used to achieve the purpose of this contract.
11. Liability
    

     

    • The CLIENT’s claims for damages or reimbursement of futile expenses against MENTORMORPHIS shall be governed by the following provisions without regard to the legal nature of the claim. The liability of MENTORMORPHIS according to the product liability law remains unaffected (§ 14 ProdHG).
    • The liability of MENTORMORPHIS is excluded – regardless of the legal grounds – unless the cause of damage is based on intent and/or gross negligence of MENTORMORPHIS, the employees, the representatives or the vicarious agents of MENTORMORPHIS. Insofar as the liability of MENTORMORPHIS is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of MENTORMORPHIS.
    • MENTORMORPHIS is liable for damages resulting from injury to life, body or health, which are based on an intentional, grossly negligent or negligent breach of duty by MENTOR MORPHIS or a legal representative or vicarious agent of MENTORMORPHIS, according to the legal provisions.
    • If MENTORMORPHIS at the very least negligently breaches an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability of MENTORMORPHIS is limited to typically occurring damages, i.e. to such damages whose occurrence must typically be expected within the scope of the contract. An essential contractual obligation in the aforementioned sense is one, whose fulfilment makes the proper execution of this contract possible in the first place and on whose compliance the CLIENT regularly relies on and may rely on in the future.
    • MENTORMORPHIS assumes no liability for damages or losses to the data stored or transmitted within the framework of the contract processing due to misuse by third parties, unless MENTORMORPHIS has acted intentionally or at least grossly negligently in this respect.
12. Termination
    

     

    • Contracts with MENTORMORPHIS can be terminated according to the legal regulations. The rights of MENTOR MORPHIS according to § 628 BGB remain unaffected.
    • The right of the PARTIES to terminate a contract extraordinarily for good cause (e.g. § 626, 627 BGB) shall remain unaffected. In particular, each PARTY may terminate the contract, if the performance of the contract or the purpose of the contract is jeopardised by the culpable conduct of the other PARTY to such an extent that the terminating PARTY can no longer reasonably be expected to maintain the contractual relationship. An important reason exists in particular if insolvency proceedings are initiated against the assets of the other PARTY, or if the opening of insolvency proceedings is rejected due to lack of assets.
13. Confidentiality
    

     

    • MENTORMORPHIS and the CLIENT undertake to treat as confidential all items (e.g. information) which are legally protected or contain business or trade secrets or are designated as being confidential by the other contracting party, prior to or during the performance of the contract, even after the termination of the contract, unless MENTORMORPHIS and the CLIENT have agreed otherwise. Other reasons that are not covered by this clause are information that:

• have been made public without the violiation of this clause;
• have been publicly available before the conclusion of the contract without a violation of this clause;
• have been developed independently and without knowledge of the legally protected subject matter and/or the trade and business secrets;
• have been made known to the CLIENT by a source other than MENTORMORPHIS without breach of confidentiality;
  • The disclosure of the legally protected objects and/or business and trade secrets shall not transfer ownership or any rights of use thereto.
  • The CLIENT needs to store and secure these legally protected objects and/or business and trade secrets in such a way that access by third parties is excluded.
  • The CLIENT may only make the contractual items accessible to employees and other third parties who require access to perform their official duties. S/he shall instruct these persons regarding the requirement for confidentiality with regard to the performance of the contract. The disclosure of application documents to third parties or within one’s own group of companies is prohibited, unless MENTORMORPHIS expressly agrees to the disclosure in writing or the disclosure is stipulated contractually (e.g. in the offer).

14. Data storage and protection
    

     

    • MENTORMORPHIS shall take all technical and organisational measures necessary to ensure the security of the USERS’ data in the MENTORMORPHIS portal.
    • In addition, the data protection provisions of the privacy policy on the website https://mentormorphis.com
15. Notice pursuant to Art. 14 ODR Regulation
    

     

    • CLIENTS who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the option of conducting an online conciliation procedure in the event of a dispute on the EU portal “Your Europe” (https://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognised conciliation body. For this purpose, they can use the EU online conciliation platform at the URL: https://ec.europa.eu/consumers/odr/.
    • The online conciliation procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative option of resolving differences that may arise in the context of a contractual relationship.
    • Other national regulations for the implementation of arbitration procedures remain unaffected by the above provisions.
16. Notice pursuant to § 36 VSBG
    

     

    • CLIENTS who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the option of seeking alternative dispute resolution within the meaning of § 36 of the VSBG.
    • The alternative dispute resolution procedure is not a mandatory prerequisite for calling upon the competent courts of law, but is an alternative option of resolving differences that may arise in the context of a contractual relationship.
    • MENTORMORPHIS shall not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.
17. Final provisions
    

     

    • The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
    • In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
    • If the CLIENT is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of MENTORMORPHIS in Frankfurt (Main), Germany.
    • The same applies if the CLIENT is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought. The right of MENTORMORPHIS to also bring an action before a court at another statutory place of jurisdiction remains unaffected by this.