Terms of use for GoToWebinar

Rödl Global Digital Services GmbH, as the IT service provider of the Rödl & Partner Group (which comprises Rödl Rechtsanwälte Steuerberater Wirtschaftsprüfer Unternehmens- und IT-Berater GbR with its registered office in Nuremberg, Rödl Holding GbR with its registered office in Nuremberg, and Rödl Langford de Kock LP with its registered office in Atlanta, Georgia, USA, as well as their associated enterprises as per Articles 15 et seq. of the German Stock Corporation Act), provides companies of the Rödl & Partner Group  (hereinafter referred to as "we", "us", "Rödl & Partner" or "Provider") with the "GoToWebinar” software. GoToWebinar enables Rödl & Partner to deliver presentations to larger local or global audiences via the Internet. Rödl & Partner offers its clients, their employees and vicarious agents as well as potential clients (hereinafter collectively referred to as "you", "User" or "Users", "Participant") the use of "GoToWebinar" (hereinafter referred to as "Service”, "Webinar", "Event") subject to the following terms and conditions:
 

1. General information

1.1 Rödl & Partner offers Users the "GoToWebinar" service. Rödl & Partner offers this service only to users within the meaning of Article 14 of the German Civil Code [BGB], i.e. natural or legal persons or partnerships with legal capacity which, when concluding a legal transaction, act as part of their business activity or are self-employed, as well as their employees and vicarious agents. These Terms of Use apply exclusively to the provision of this Service by Rödl & Partner. In order to use the Service, the User must register for it. By registering to use the Service, the User agrees that the following Terms of Use are binding and govern the relationship between the User and Rödl & Partner.
 
Any general business terms of the User that are contrary to or deviate from these Terms of Use shall not apply, even if Rödl & Partner does not object to them.
 
1.2 The information included in the Webinars or the content presented as part of the Webinars does not constitute legal advice by Rödl & Partner or by the speaker. The Webinars have been prepared to the best of our knowledge and level of expertise. Because of the complexity and the changing nature of the respective legal matters, all liability and warranty in this regard is hereby disclaimed.
 
1.3. Rödl & Partner reserves the right to amend these Terms of Use with effect for the future. In such a case, Users will be notified of the amendment to the Terms of Use.
 
1.4 All necessary technical requirements, e.g. requisite hardware and software, telecommunications equipment and Internet providers, shall be provided by every participant at their own expense. Where Rödl & Partner recommends the use of certain hardware and software, this does not constitute a guarantee or warranty for its functionality.
 
1.5 Where the term "Webinar(s)" is used in these Terms of Use, it refers equally to webinars offered for a fee and those offered free of charge, unless the wording explicitly differentiates between webinars available for a fee and free webinars.
  

2. Registration, Holding the Webinar

2.1 By registering for the Webinar, a contract for participation in the Webinar is concluded between the User and the respective company of the Rödl & Partner Group offering the Webinar.
 
Information on the registration and cancellation options concerning a Webinar is provided to the User either before he/she registers for the Webinar by the respective organiser of the Webinar (hereinafter also referred to as "Rödl & Partner Employee" or "Contact Person") in the respective invitation to register sent by e-mail or by post, on the corresponding event page via which the User is invited to register or, at the latest, in the confirmation of registration for the Webinar. The same applies to any terms of payment in the case of webinars for which a fee is charged. Payment for webinars offered for a fee is always made against invoice issued after participation in the Webinar. The invoice will specify the applicable final gross price (a net price plus statutory VAT). Users do not receive any confirmation and/or notification if they themselves have cancelled their registration for participation in the Webinar.
 
The number of participants in a Webinar is limited. If the maximum number of participants for a Webinar is reached, registration for this Webinar will no longer be possible, unless another User cancels his/her participation.
 
2.2 After registering for the Webinar, you will receive a registration confirmation by e-mail from the organiser. The e-mail will also contain a link to access the respective online Webinar. Users also usually receive a reminder email one day as well as one hour before the start of the Webinar with the information when the Webinar is to be held.
 
2.3 Webinars are held online at fixed times (date, time, duration) with simultaneous participation of moderators/speakers and participants.
 
In order to use the Service, the User must activate the Webinar access link provided to him/her. After activation, the User is in the "webinar room". When joining the Webinar, participants are automatically muted. At the beginning of the Webinar, we will inform you, among other things,  whether the Webinar will be recorded. If the Webinar is recorded, the recording is usually made available to Users after the Webinar. The recordings are then available from a GoToWebinar video library maintained by the organiser. You can ask questions in a chat window, which the speaker will be able to see either during or at the end of the Webinar. You can also raise the so-called "virtual hand" (hand message). The mute function will be switched off by the organiser as soon as you raise your virtual hand. If the mute function is off, you can speak directly to the speaker.
 
Please note also that you can download documents (e.g. latest laws in PDF format) from the documents area, if they have already been uploaded by Rödl & Partner.
 
At the end of the Webinar, Users are usually requested to give feedback.
 

3. Programme changes, cancellation

3.1 We reserve the right to make necessary changes to the programme, e.g. if the speaker falls ill or if the situation requires so. We will make every effort to notify you of any such changes as soon as possible.
 
3.2 Should the speaker cancel his/her participation or the minimum number of participants for a Webinar, to be determined individually by every Provider, not be reached before the date of the event, we reserve the right to cancel the event. The same applies in cases of force majeure, such as strikes or natural disasters or in the event of other circumstances that make it impossible for us to hold the event on the announced date(s). We will notify you thereof as soon as possible. In such cases, any participation fees paid will be refunded to you. If you suffer futile expenses or other disadvantages as a result of the cancellation, Rödl & Partner will not assume any liability for this – except in cases of intent and gross negligence.
 

4. Liability

4.1 Liability of Rödl & Partner is limited to intentional acts or gross negligence of Rödl & Partner or its vicarious agents, unless

• in the case of a breach by Rödl & Partner or its vicarious agents of an essential contractual obligation the fulfilment of which is the basic prerequisite enabling proper performance of the contract and on the meeting of which the User always may and does rely; or
• in the case of a breach by Rödl & Partner or its vicarious agents of an obligation leading to an injury to life, limb or health.
• In addition, Rödl & Partner’s liability is unlimited in the scope of any assumed warranties and in the scope mandated by the Product Liability Act.

 
4.2 The User shall be liable for all claims resulting from the use of the Service by the User, and indemnifies and holds Rödl & Partner harmless from all claims that third parties may raise against Rödl & Partner due to the use of the Service by the User.
 
4.3 Rödl & Partner reserves the right to claim damages due to unauthorised use of the Service by the User.
 

5. Scope of Service, Rights of Rödl & Partner

5.1 Rödl & Partner offers Users the "GoToWebinar" service. Rödl & Partner does not guarantee permanent availability or trouble-free operation of the "GoToWebinar" software.
 
5.2 All copyrights, rights of use and other property rights remain vested with Rödl & Partner or third parties, where the content, contributions or images are subject to copyright or other property rights of third parties. You are only entitled to use the content offered as part of the Webinars for your own purposes, to print it out or save it as a file. You are not entitled to make the Webinars or the content and presentations contained therein available to third parties for further use in the Internet, intranets or extranets. Reproduction and resale of the content for commercial purposes are expressly prohibited.
 
5.3 Rödl & Partner is entitled to suspend or terminate the provision of the Service at any time and without prior notice. This applies, in particular, where there is any suspicion of inadmissible use of the Service or any threat to the Service or to the IT infrastructure of the Rödl & Partner Group.
 
5.4 Rödl & Partner will be entitled to log the use of the Service for the purpose of the provision and use of the Service, for accounting purposes, controlling abuse and for clarifying any suspected criminal activity. The log can include, in particular, the date, the time, the User's assigned IP address, and all data operations (e.g. downloading) performed by the User.
 

6. Scope of Use

6.1 The User will be entitled to use the Service exclusively for the purposes described in these Terms of Use, unless such use is in breach of the provisions of law, the accepted principles of morality, or these Terms of Use.
 
6.2 Inadmissible is any use of the Service that is likely to damage the interests or the public standing of Rödl & Partner or the Rödl & Partner Group.
 
In particular, the User may not:

• distribute – as part of or with the aid of the Webinars – any content which violates personal rights and the copyright, data protection and criminal laws;
• distribute – as part of or with the aid of the Webinars – statements or images which are insulting, defamatory, anti-constitutional, racist, sexist, violence-glorifying or pornographic;
• perform actions which are likely to jeopardise the existence or the operation of GoToWebinar and/or of the data centre of the Rödl & Partner Group.

  

7. Obligations of the User

7.1 The User shall keep his/her access data confidential, shall not disclose them to third parties and shall protect them from unauthorised access. In the event the access data are lost or are suspected or known to be abused, the User shall immediately change his/her access data and notify Rödl & Partner thereof.
 
7.2 The User shall have in place the hardware required for the use of the Service and shall ensure that the hardware deployed by the User for the use of the Service is suitable and in working order, and that no safety risks for the operation of Rödl & Partner and for GoToWebinar arise from such hardware.
 
The User is responsible for ensuring that his/her hardware and software, as well as his/her data are sufficiently protected outside GoToWebinar, e.g. against malware and unauthorised access by third parties.
 
7.3 The User is responsible for the content retrieved or downloaded by him/her as part of the Webinars.
 
7.4 When using the Service, the User is obliged to comply with the provisions of law and the obligations contained in these Terms of Use.
 

8. Data Protection

For holding the Webinars Rödl & Partner uses the GoToWebinar software of the provider LogMeIn Ireland Limited acting as a processor. The processing of personal data by LogMeIn Ireland Limited (as the processor) is based on Article 28 GDPR. Personal data are processed to the extent permitted by law in Germany, the European Union and the USA. Data are transferred to the USA and processed there by LogMeIn as the processor on the basis of the EU-US Privacy Shield and the relevant EU standard contractual clauses. In this context, please also refer to the data protection regulations of LogMeIn: https://www.logmeininc.com/de/gdpr/gdpr-compliance.
 
During registration, the following personal data are, in particular, processed on the infrastructure of the LogMeIn company: first name, last name, company name, address, and e-mail address. The basis for the processing is Article 6(1) lit. b or lit. f of the General Data Protection Regulation (GDRP).
 
During and after the Webinar, statistical data will be transmitted to Rödl & Partner. If you participate in a Webinar, ask or answer a question during the Webinar, in addition to your registration data, we collect information in particular about the duration of your participation, interest in the Webinar and questions you asked.
 
An encrypted connection will be established between you and the organiser of the Webinar. We record the audio information (voice) transmitted during such a Webinar session. Participation in the Webinar and during the Webinar is anonymous.
 
You can end the session at any time by simply closing the browser window or exiting the programme. If your organiser ends the session, your participation in the session is automatically ended as well.
 
Personal data are erased in accordance with the statutory retention periods.
Rödl & Partner will only use the data for purposes other than those stated above or transfer it to other third parties if this is legally permissible or the User has expressly consented to it.
 
In addition, the Privacy Policy of Rödl & Partner shall apply (www.roedl.de/ppe and www.roedl.com/data-privacy-statement).
 

9. Final provisions

Should any provision of these Terms of Use be or become invalid or unenforceable, in part or in whole, this shall not affect the validity of these Terms of Use and their remaining provisions.
 
The interpretation and implementation of these Terms of Use shall be governed by German substantive law.
Insofar as is permitted by law, the exclusive place of jurisdiction is Nuremberg.