1. general terms and conditions of business of Lumturo AG

Valid from January 01, 2024 for all brands and sub-brands of Lumturo AG.

1.1. Scope and subject matter of the General Terms and Conditions:

The General Terms and Conditions (GTC) of Lumturo AG are an integral part of the contract.

of all services, offers and products provided by Lumturo AG (hereinafter “Lumturo”) for all its contractual partners (hereinafter “clients”). This also includes the brands of Lumturo AG, namely Lumturo Academy (LAC), Lumturo digital Services (LDS) and Lumturo Real Estate Services (LRES).

Deviating provisions shall only apply if they have been expressly agreed between Lumturo and the client in writing without exception. Special or general terms and conditions of contract that contradict these GTC shall not be accepted by Lumturo and shall not be valid in the relationship between Lumturo and the Client.

1.2. Conclusion of contract

The contract between the client and Lumturo is concluded through acceptance of the offer, online registration, order placement, individual contract or direct purchase. The content and scope of services are defined in these GTC or in the cases mentioned above.

1.3. Services from Lumturo

Lumturo provides the services offered and performs them carefully to the best of its ability. Lumturo has the right at any time to change the type, scope, price, conditions and channels of purchase of the services provided by Lumturo and to refuse its services completely and without replacement in the event of late payment or other breaches of duty. Unless otherwise agreed in writing, prices are quoted in Swiss francs (CHF) and are subject to VAT at the statutory rate. The list prices valid on the day the contract is concluded or the prices, expenses and other costs agreed in the offer shall be used for invoicing.

1.4. Obligations of the client

The client undertakes to pay the agreed fee. The client is also obliged to make all arrangements so that Lumturo can provide its services for the client. This includes, depending on the offer booked, the delivery of all information and documents relevant to the offer to Lumturo. Furthermore, the client undertakes to cooperate and support Lumturo.

2 Cancellation and withdrawal

2.1. The following applies to clients with an individual contract:

Cancellation of individual sessions is possible free of charge up to 72 hours before the agreed date. If the agreed appointment falls on a Monday, a withdrawal must be reported to Lumturo by 12.00 noon on the previous Wednesday at the latest. If there is no cancellation or a late cancellation, the client must pay the agreed fee in full. Lumturo has the right to cancel individual sessions at any time without any obligation for compensation, reduction or alternative dates.

2.2. For clients (especially corporates and organizational clients) with a written offer:

2.2.1. Workshops, seminars, presentations and other services

In the case of workshops, seminars, lectures or other services, the following cancellation conditions shall apply after confirmation:

Payment of 50% of the agreed
fee up to 30 days before the start of the order or the execution date

Payment of 100% of the agreed
fee up to 14 days before the start of the order or the execution date

Lumturo has the right to cancel offers or change the venue at any time without incurring any costs for Lumturo.

2.2.2. Courses and training

The following applies to offers with (physical or digital) presence character of the brand “Lumturo Academy”:

Payment of 30% of the agreed course fee up to 60 days before the start of the order

Payment of 100% of the agreed course fee up to 30 days before the start of the order

Lumturo has the right to cancel offers at any time or to change the place of execution, the type of execution and individual components.

The terms of use of Lumturo Academyalso apply to the above-mentioned face-to-face offers and to all other offers of the “Lumturo Academy” brand, in particular to the offers of the digital learning platform of Lumturo Academy.

2.2.3. Room rental

There is no right to cancel free of charge.

Payment of 50% of the agreed fee up to 60 days before the start of the rental period

2.3. The following applies to all types of service provision and contractual relationships:

Lumturo is entitled, in the event of breaches by the client of the verbal and/or written agreements or of legal regulations (e.g. non-payment of the invoice after a reminder, obstruction and disruption of Lumturo in the provision of services, damage to the infrastructure or other damage, breaches of criminally sanctioned regulations, etc.) – even for such breaches that are only rudimentary in nature – to demand compensation from the client (such as non-payment of the invoice after a reminder, obstruction and disruption of Lumturo in the provision of services, damage to the infrastructure or other damage, etc.).) – also for such violations which only occur in part – the client (such as non-payment of the invoice after a reminder, obstruction and disruption of Lumturo in the provision of services, damage to infrastructure, IT or other damage, violations of criminally sanctioned regulations, etc.) to cancel all existing contractual agreements between the parties with immediate effect. Clients must pay Lumturo all damages arising from such an event.

2.4. Force majeure (vis major)

If the timely fulfillment by Lumturo, its suppliers or third parties involved becomes impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, epidemics and pandemics, Lumturo is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period of at least 180 days after its end. If the force majeure lasts longer than 30 days, Lumturo can withdraw from the contract at no cost. Lumturo does not have to reimburse the client for payments already made. Any further claims, in particular claims for damages as a result of vis major, are excluded.

2.5. Warranty

Lumturo does not guarantee the result / goal to be achieved. It only guarantees the provision of the promised services in accordance with the standard of care customary in the industry. Any warranty is excluded in its entirety.

2.6. Availability and support (best-effort principle)

All services of the platform of Lumturo Academy and all other services of Lumturo are provided according to the best-effort principle within the scope of technical and operational possibilities. There is no entitlement to uninterrupted availability of the platform at all times or to round-the-clock support (24/7).

Maintenance work, security updates or technical faults can lead to temporary restrictions. Lumturo endeavors to keep such interruptions as short as possible.

Liability claims for damages resulting from temporary unavailability or restricted usability are excluded – subject to gross negligence or intent.

2.7. Liability

Lumturo accepts no liability for the statements and information contained in advertisements, brochures, advertisements, offers, shared links, Online content and the like. Lumturo rejects any liability that may arise in connection with the provision of its services to the client, insofar as it is a matter of slightly or moderately negligent breaches of duty of care.

2.8. Insurance

Any insurance coverage of the client and its employees or participants (illness, accident, liability, etc.) is the responsibility of the client. Lumturo rejects any liability. Clients and tenants of premises are fully liable for any damages and claims that arise or could be asserted by these parties, authorized participants and persons. Lumturo has the full right to assert and enforce its claims against clients and tenants of the premises.

Lumturo is only liable for damage to the client that can be proven to have been caused intentionally or through gross negligence. These damages must be proven and substantiated by the client. Liability for consequential damage and indirect damage is excluded in all cases. Liability for any indirect damages and consequential damages is fully excluded.

Liability for direct damages is limited to the sales price of the service concerned. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The client is obliged to report any damages to Lumturo immediately in writing and with reasons. Any liability for auxiliary persons is limited to the same extent.

2.9. Intellectual property rights

The contents of the services provided by Lumturo and all natural and legal persons commissioned by it or in a contractual relationship are protected by copyright. The use and payment of the services, results, products, etc. by the client do not result in the transfer of intellectual property rights.

Lumturo only grants the client the right of use of the developed concept or the provided service, result, product or similar, limited to the one-time execution and expressly restricted to the individual person. All rights, including those of translation, reprinting and reproduction of this work or individual parts thereof, are expressly reserved. No part of this work may be reproduced in any form (by photocopying, digital reproduction or any other process), including for educational purposes, or processed, copied or distributed using electronic systems without the written permission of the publisher.

Infringements will be punished with a contractual penalty of at least CHF 50,000 per individual case. Further claims for compensation by Lumturo against the client arising from the infringement of copyright remain unaffected by this.

2.10. Privacy

Personal data is processed in accordance with the provisions of the Data Protection Act. By accepting the agreement, contracts, online registration, direct purchase or any other contact, clients agree that Lumturo may store and use the data (personal data, booked courses, payment behavior, etc.) for administration, marketing, advertising, etc.. Address details may be published within the framework of the organization, e.g. as a list of participants. These rights of use shall survive the termination of the contract. The client has the right to refuse advertising from Lumturo at any time. The client agrees that Lumturo may use photos or videos taken in its own rooms or rooms used by Lumturo and at events, as well as the names and first names on the internet and in particular in social media, for the duration of the agreement and for ten years thereafter, as desired and free of charge. The client has the right to prohibit such use at any time. The client will be informed verbally or in writing before photos and videos are taken.

The client fully agrees to the storage and utilization of his data by Lumturo.

Lumturo takes reasonable measures to protect the data it stores. Access to stored data by third parties at Lumturo or a contractual partner of Lumturo does not lead to liability on the part of Lumturo and its contractual partners.

Furthermore, our privacy policy applies to separate offers and in particular to the platform of the Lumturo Academy.

2.11. Declaration of confidentiality

The parties agree to maintain confidentiality with regard to all information, in particular with regard to the concepts, solutions and conditions developed. The clients are obliged to take all measures to protect this data from unauthorized access, even beyond the duration of the contractual relationship.

2.12. Invoicing, terms of payment and default

The client undertakes to pay all invoices in full. The client undertakes to pay the amount owed within 30 days of electronic delivery of the invoice at the latest. If the client does not meet his payment obligation within the payment period, he shall be in default upon expiry of this period without a reminder. The default interest rate is 5%. The client fully agrees to paperless invoicing and to the possible risks arising from the form of unprotected electronic data transmission.

3. final provisions

3.1. Contract language

The general contract language is German. The terms and conditions have been drawn up in the original language and contract language German. All terms and conditions in other languages have been automatically translated using technical aids for the purposes of courtesy only. In the event of discrepancies, translation errors or different interpretations, only the terms and conditions in the contract language German shall apply.

3.2. Severability clause

Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any regulatory gaps.

3.3. Applicable law, place of jurisdiction

These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at Lumturo’s registered office shall have jurisdiction. The general contract language is German.

Changes are expressly reserved and are possible at any time.

© Lumturo AG, 01.01.2024