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proxtalks: October 20, 2026
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General Terms and Conditions
for the TKacademy
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contractual relationships between Thomas-Krenn.AG and the contractual partner (hereinafter "customer") regarding participation in paid or free seminars on the website operated by the Thomas-Krenn-Academy at www.thomas-krenn.com/academy (hereinafter "Thomas-Krenn-Academy" or "Academy").
(2) The customer's terms and conditions do not apply and therefore do not become part of the contract, even if Thomas-Krenn.AG does not expressly object to their validity in individual cases. There are no verbal agreements.
(3) These GTC and all services provided by Thomas-Krenn.AG as part of its Academy are directed exclusively at entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law. They do not apply to business relationships with consumers within the meaning of § 13 BGB.
§ 2 Subject matter of the contract, communication platform, technical requirements
(1) As part of its Academy, Thomas-Krenn.AG enables one or more employees of the customer (hereinafter referred to as "participants") to participate in seminars, workshops and other digital learning courses and further training events (collectively referred to as "seminars"). No specific training or learning success is owed. For some seminars, presentation slides, training materials and other seminar documents (hereinafter collectively referred to as "seminar documents") are also provided.
(2) The seminars are generally offered as online seminars or as so-called webinars (online seminars/webinars and other online meetings, video conferences, including chats and other functions, hereinafter referred to as "online seminars") via the Internet, unless a seminar is expressly marked as a face-to-face event. The scope of services for an online seminar includes granting access via live participation via a communication platform of a provider for online seminars/webinars, online meetings, chats and video conferences (hereinafter "communication platform"; such as Microsoft Teams, GoToWebinar; the respective provider of the communication platform hereinafter "Provider") to be determined by Thomas-Krenn.AG at its own discretion, as well as the retrievability of content there.
(3) In the case of face-to-face seminars, the right is reserved in pandemic situations or other health protection situations to introduce appropriate protective measures to protect all participants and to convert any announced face-to-face seminars into webinars at short notice.
(1) Thomas-Krenn.AG is entitled to make content, organizational and other changes before or during a seminar, provided that the benefits of the announced seminar for the customer are not significantly impaired and that the overall character of the event is preserved. In particular, Thomas-Krenn.AG is entitled to replace an announced speaker with one or more appropriately qualified speakers for good cause (e.g. illness, inability to attend, cancellation on the part of the speaker for reasons for which Thomas-Krenn.AG is not responsible). The replacement of a speaker and minor changes to the seminar schedule do not entitle the participant to a price reduction or to withdraw from the contract.
(2) Each participant shall receive an e-mail with a link to the virtual seminar room on the communication platform of a provider in good time, at the latest one day before the start of the seminar. If a participant does not have the software of the respective communication platform installed, he/she can usually also open the link via a common, up-to-date browser.
(3) The participant is not permitted to pass on the link contained in the e-mail to third parties or to enable third parties to gain knowledge of the seminar in any other way. The nomination of a new participant is only possible in accordance with the requirements of §5 paragraph 2.
(4) Thomas-Krenn.AG assumes no liability and cannot guarantee that the hardware and software environment available on the participant's side and the respective digital medium (PC, laptop, tablet, smartphone or other client) will enable proper participation and execution of the seminar. It is the participant's responsibility to check the technical requirements for participation on their side in good time and to implement appropriate measures (including appropriate software or suitable browser, high-performance Internet connection, options for sound output via loudspeaker or headset; the use of a microphone or webcam is not mandatory).
§ 3 Customer account, registration of the customer
(1) Participation in seminars and the use of Thomas-Krenn-Academy services requires the customer to register by creating a customer account with Thomas-Krenn.AG (hereinafter "customer account"). If a customer account already exists for the Academy websites and for the online store of Thomas-Krenn.AG at www.thomas-krenn.com, this can be used and no new customer account needs to be created. Participation as a guest is not possible. A registered customer can log in to their customer account at any time using their e-mail address and the password they freely chose during registration. Registration alone does not constitute any obligation to use the services of the Thomas-Krenn-Academy.
(2) When creating a customer account, the customer chooses a personal user name (e.g. e-mail address) and a password. He is obliged to keep the password secret and not to disclose it to third parties, i.e. persons outside his company or persons in his company who are not authorized to represent him.
(3) A customer can delete a customer account at any time under "My account". If personal or company details change, the customer is responsible for updating them. All changes can be made after logging in under "My account".
§ 4 Registration for participation / booking of a seminar, offer and conclusion of contract
(1) Seminar bookings can be made within the registration deadlines stated on the Academy websites. Registration for participation takes place on the respective seminar overview page via the "Register" button. An individual registration is required for each participant. After the customer has registered by creating a customer account in accordance with § 3 or after logging into their existing customer account, the customer is taken to an overview page where they can check and correct existing details. If a customer wishes to cancel the booking process completely, they can also simply close the browser window. Otherwise, after clicking on the "Book now with obligation to pay" button, his declaration becomes binding within the meaning of § 4 paragraph 3 of these GTC.
(2) The presentation and advertising of seminars within the Thomas-Krenn-Academy does not constitute a binding offer to conclude a contract, but rather an invitation to book a seminar (invitatio ad offerendum).
(3) A seminar booking made by the customer by clicking on the "Book now with obligation to pay" button in the last step of the ordering process constitutes a binding offer to Thomas-Krenn.AG to conclude a service contract for the selected seminar. Immediately after placing the order, the customer will receive a confirmation of receipt of the seminar booking at the e-mail address provided. This confirmation of receipt does not constitute acceptance of the customer's contractual offer, but is intended solely to inform the customer that Thomas-Krenn.AG has received their seminar registration. The contract is concluded with a separate order confirmation. The order confirmation does not constitute a contract in favor of third parties in the person of the registered participants of the seminar.
(4) The language provided for the conclusion of the contract is exclusively German.
(5) The contractual provisions with details of the seminars ordered will be sent to the customer by email with the order confirmation. Thomas-Krenn.AG does not store the contractual provisions.
§ 5 Minimum number of participants, nomination of a new seminar participant, deregistration, cancellation of the seminar
(1) A minimum number of participants is generally required for each seminar, which is specified on the Academy website as part of the description of the respective seminar. There is no entitlement to participation in a seminar.
(2) A customer may at any time nominate another participant from the same company in place of the participant registered by him/her without incurring additional costs.
(3) Cancellation of participation in a seminar is possible free of charge up to 15 days before the start of the seminar.
(4) The nomination of a new seminar participant in accordance with paragraph 2 and the deregistration of participation in accordance with paragraph 3 can be made either by e-mail to webcast@thomas-krenn.com or via the sales hotline +49 8551 9150 0.
(5) Thomas-Krenn.AG reserves the right to cancel a seminar if the minimum number of participants specified in paragraph 1 is not reached at least 7 days before the start or for other important reasons for which Thomas-Krenn.AG is not responsible (illness or other absence of the speaker; failure to fulfill the speaker's obligation to Thomas-Krenn.AG; force majeure; unforeseeable obstacles to performance that cannot be overcome by reasonable efforts; technical problems that cannot be resolved in a timely manner; a (hacker) attack on the provider's communication platform by an external third party). Thomas-Krenn.AG is obliged to inform the customer immediately of the cancellation of a seminar and to refund any participation fee already paid.
(6) In the event that a seminar is canceled due to illness of the speaker, Thomas-Krenn.AG will attempt to offer a make-up date as soon as possible.
(7) In the event of a seminar being canceled due to insufficient demand (in particular failure to reach a minimum number of participants in accordance with paragraph 1), Thomas-Krenn.AG will attempt to offer a catch-up date as soon as possible by combining the seminar with an alternative date on the same or a comparable seminar topic.
§ 6 Terms of use and rights of use for online seminars
(1) Thomas-Krenn.AG provides participants in the Thomas-Krenn-Academy with a communication platform and grants the respective participant the necessary simple, non-exclusive right of use as a participant for the duration of the online seminar.
(2) For the use of the software on which the respective communication platform is based (local installation of the software/app or browser-based use), the participant must generally accept further terms of use of the respective provider, which apply directly in the relationship between the participant and the respective provider.
(3) The content of an online seminar is stored and made available on the servers of the respective provider of the communication platform.
(4) A participant must respect copyright when using a profile picture and other media within the communication platform.
(5) Strictly confidential data, in particular health data, may only be exchanged via a communication platform if required / necessary. If this is not necessary, the exchange of this data is not permitted.
(6) When "sharing" the desktop or a window via the communication platform, only the data and information required for the online seminar should be shown. Therefore, only the necessary window or the respective application should be shown or the desktop without file and folder icons, as long as these are not required for the video conference. Also, no notifications about new e-mails should appear on the shared screen. No confidential information should be visible in the background of a video conference.
(7) In addition, the terms of use published by the respective provider with regard to use by participants on its websites or when installing the software or browser-based use, which are agreed directly between the participant and the respective provider, shall apply.
§ 7 Copyrights, use of seminar documents, photo and video recordings
(1) Thomas-Krenn.AG is the owner of all rights of use to all content (such as texts, audio or video data) and seminar documents that can be accessed as part of the seminars.
(2) A participant has a simple, non-exclusive right of use to the available content and seminar documents. It is permitted to save the content and seminar documents on a local hard disk for personal use and to print them out. Passing on the content and seminar documents to third parties is not permitted. Without the prior written permission of Thomas-Krenn.AG, it is not permitted to reproduce the contents and seminar documents in any form, not even for the purpose of teaching, to record them using external programs/tools, to duplicate them, to distribute them, to reproduce them publicly, to publish them on publicly accessible Internet portals or to process them in any other way.
§ 8 Prices, payment, due date, invoicing
(1) All prices are quoted in euros (EUR) plus the applicable statutory value added tax.
(2) Unless otherwise agreed, invoices shall be issued by e-mail after a seminar has been held. The customer must ensure that the invoices are received correctly. The customer expressly agrees that no invoices will be sent to him by post. However, the customer may request that invoices be sent by post at any time. Thomas-Krenn.AG is entitled to charge EUR 1.45 per invoice for this.
(3) Invoice amounts are due for payment immediately, unless otherwise agreed in writing. The date of receipt by Thomas-Krenn.AG is decisive for the date of payment. If the customer fails to pay by the due date, interest shall be charged on the outstanding amounts from the due date at 9 percentage points above the respective base interest rate of the European Central Bank p.a.; the right to claim higher interest and further damages in the event of default remains unaffected.
(4) If payment by direct debit has been agreed, the customer is obliged to issue Thomas-Krenn.AG with a SEPA direct debit mandate for this purpose. Thomas-Krenn.AG shall provide the customer with a corresponding form. The customer must ensure that the account has sufficient funds, provided that Thomas-Krenn.AG notifies the customer in text form of the amount and the execution date of the core direct debit at least three bank business days before the execution date. In the event of a returned direct debit for which the customer is responsible, in particular in the event of an unjustified objection or in the event of insufficient funds in the account despite timely notification of the direct debit by Thomas-Krenn.AG, the customer is obliged to reimburse Thomas-Krenn.AG for the bank charges incurred.
(5) The offsetting of counterclaims by the customer or the withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established or arise from the same order under which the delivery in question was made.
§ Section 9 Liability
(1) The liability of Thomas-Krenn.AG is unlimited within the scope of the statutory provisions for damages
a) arising from injury to life, limb or health caused by an intentional or negligent breach of duty or otherwise by intentional or negligent conduct on the part of Thomas-Krenn.AG or one of its legal representatives or vicarious agents;
b) due to the absence or discontinuation of a warranted characteristic or non-compliance with a guarantee;
c) due to an intentional or grossly negligent breach of duty or otherwise due to intentional or grossly negligent behavior on the part of Thomas-Krenn.AG or one of its legal representatives or vicarious agents.
(2) Thomas-Krenn.AG's liability is limited to compensation for foreseeable damages typical of the contract for such damages that are based on a slightly negligent breach of material obligations by Thomas-Krenn.AG or one of its legal representatives or vicarious agents and that have occurred to the customer. Material obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may rely.
(3) In cases of slight negligence, liability for all other damages, in particular indirect damages and loss of profit, is excluded.
(4) Liability under the Product Liability Act and the General Data Protection Regulation (GDPR) remains unaffected.
(5) In the event of the justified cancellation of a seminar in accordance with § 5 paragraph 5, Thomas-Krenn.AG will only reimburse any seminar fees already paid by the customer if a catch-up date in accordance with § 5 paragraphs 5 and 6 is not possible or if the participant refuses to participate in this catch-up date. Further claims are excluded.
(6) We assume no liability and do not guarantee that the online seminar can be carried out properly within the specific hardware and software environment of the digital medium used by you (PC, tablet, smartphone).
(7) The above restrictions also apply in favor of the legal representatives and vicarious agents of Thomas-Krenn.AG if claims are asserted directly against them.
§ 10 Retention of title
Any seminar documents delivered remain the property of Thomas-Krenn.AG until full payment has been received.
§ 11 Data protection
(1) Thomas-Krenn.AG collects, processes and uses personal data of the customer, in particular its participants, within the framework of the statutory data protection regulations, in particular on the basis of consent (Art. 6 para. 1 lit. a GDPR), for the fulfillment of contractual obligations (Art. 6 para. 1 lit. b GDPR) or on the basis of legal requirements (Art. 6 para. 1 lit. c GDPR). Additional information on this can be found in the privacy policy of Thomas-Krenn.AG at https://www.thomas-krenn.com/de/unternehmen/impressum/datenschutz.html.
(2) Further information on the personal data processed in the context of conducting seminars, chats and video conferences on the basis of a platform can be found in the data protection information published for the use of the respective platform:
- For the Microsoft Teams communication platform, the "Microsoft Teams Privacy Notice" attached to these GTC as Annex 1 shall apply in addition.
- For the GoToWebinar communication platform, the "GoToWebinar Data Protection Notice" attached to these GTC as Annex 2 also applies.
§ 12 Place of jurisdiction, applicable law, place of performance
(1) The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is the registered office of Thomas-Krenn.AG in D-94078 Freyung. For customers who have their general place of jurisdiction in Germany, the above shall only apply if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer moves their domicile or habitual residence outside the scope of the German Code of Civil Procedure after conclusion of the contract or if their domicile or habitual residence is unknown at the time the action is filed. Thomas-Krenn.AG is also entitled to sue the customer at their general place of jurisdiction.
(2) The substantive law of the Federal Republic of Germany applies.
(3) The place of performance for all obligations arising from the contractual relationship is Freyung, unless otherwise specified.
§ 13 Severability clause
Should a provision of the contract or these GTC be invalid or contain a loophole that needs to be filled, this shall not affect the validity of the remaining provisions. In place of the invalid provision and to fill a loophole, those legally effective provisions shall be deemed to have been agreed which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these GTC if they had been aware of the loophole.
Appendix 1
Terms of Use and Privacy Policy Microsoft Teams
§ 1 Terms of use
(1) With the "Microsoft Teams" application, Thomas-Krenn.AG offers speakers and participants at the TKacademy a platform for online seminars/webinars, online meetings, chats and video conferences. The following terms and conditions apply to the use of Microsoft Teams.
(2) Participants are not pseudonymized when using Teams. The first and last name of a participant will also be transmitted to Thomas-Krenn.AG, the speakers and the other participants when using Teams.
(3) When using a profile picture and other media within the communication platform of a provider, a participant must respect the copyrights.
(4) Strictly confidential data, in particular health data, may only be exchanged via Microsoft Teams if required / necessary. If this is not necessary, the exchange of this data is not permitted.
(5) The following must be observed when sharing the desktop: Only what is necessary for the meeting should be shown. Therefore, only the necessary window or the respective application should be shown or the desktop without file and folder icons, as long as these are not required for the video conference. Also, no notifications about new e-mails should appear on the shared screen. No confidential information should be visible in the background of a video conference.
§ 2 Data protection information
(1) Purpose of processing: Thomas-Krenn.AG offers speakers and participants in the TKacademy a platform for online seminars/webinars, online meetings, chats and video conferences (hereinafter collectively referred to as "Microsoft Teams Meeting") based on the Microsoft Teams application.
(2) Controller: Thomas-Krenn.AG, Speltenbach-Steinäcker 1, 94078 Freyung, Germany, is the controller responsible for the processing of Microsoft Teams Meetings.
(3) The provider of the Microsoft Teams websites (subpages on www.microsoft.com), via which the Teams software can be downloaded or via which browser-based use of Microsoft Teams is possible, is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (hereinafter "Microsoft"). Data processing by Microsoft when accessing the Microsoft Teams website is governed by the privacy policy published by Microsoft, which is currently available at https://privacy.microsoft.com/de-de/privacystatement.
(4) Personal data: When Microsoft Teams meetings are held, the following personal data is generally processed:
- Displayed first and last name ("Display Name"),
- e-mail address,
- profile picture,
- Camera image / video data,
- Audio data (via microphone),
- personal data contained in the texts when using the chat function.
In addition, metadata about the meeting is processed, such as date, time, meeting ID, country identifiers or telephone numbers.
(5) The scope of the personal data processed in accordance with paragraph 4 depends on the information that a participant provides before using Microsoft Teams. For example, a user can also switch off or mute the camera or microphone at any time using the corresponding buttons in Microsoft Teams.
(6) Scope of processing: Thomas-Krenn.AG uses Microsoft Teams to conduct online seminars/webinars, online meetings, chats and video conferences.
(7) Legal basis for data processing: Thomas-Krenn.AG processes personal data when conducting Microsoft Teams meetings on the basis of Art. 6 para. 1 lit. b) GDPR, insofar as the Microsoft Teams meetings are conducted within the framework of existing contractual relationships or for the purpose of fulfilling the contract. In the event that no contractual relationship exists, the legal basis is Art. 6(1)(f) GDPR, as there is a legitimate interest in the effective conduct of Microsoft Teams meetings. Personal data of employees of Thomas-Krenn.AG are processed within the framework of the provisions of employee data protection separately communicated to the employees or on the basis of the aforementioned legitimate interest on the basis of Art. 6 para. 1 lit. f) GDPR. Automated decision-making within the meaning of Art. 22 GDPR is not used.
(8) Forwarding of data: Personal data processed in connection with the holding of Microsoft Teams meetings will not be passed on to third parties unless they are intended to be passed on. They are intended for disclosure in particular if they serve to enable participants to communicate with each other or to be identified.
(9) Data processing outside the EU and EEA: Data processing outside the European Union (EU) and the European Economic Area (EEA) does not take place when Microsoft Teams meetings are held insofar as the data processing location is limited to Microsoft data centers in the EU. However, it cannot be ruled out that data may be routed via data processing locations outside the EU and EEA. Data processing outside the EU and EEA can also take place in particular if a participant is located in a third country and can, for example, see the first and last names of other participants and their camera image. The data is encrypted during transport via the Internet within Microsoft Teams and protected against unauthorized access by third parties.
(10) Data protection officer: The data protection officer of Thomas-Krenn.AG can be contacted as follows:
Thomas-Krenn.AG
The Data Protection Officer
Speltenbach-Steinäcker 1
94078 Freyung
datenschutz@thomas-krenn.com
Tel: 02203 - 1045 7141
(11) Rights as a data subject: The rights as a data subject can be found in the privacy policy of Thomas-Krenn.AG at https://www.thomas-krenn.com/de/unternehmen/impressum/datenschutz.
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