Terms of use for the m&b portal
1. What is the m&b portal?
The m&b portal is a platform for participants in programs of mermaid & broccoli GmbH.
With the booking of a program by your employer you get access to the m&b portal. Here you will find the contents of the booked trainings (according to your learning progress), access to the live sessions, links to digital whiteboards and further information as well as to an extensive collection of methods including templates for download.
The m&b portal is an offer of
mermaid & broccoli GmbH
Siegfriedstrasse 7
50678 Cologne
2. Scope of terms of use
These terms of use apply to the use of the current version of the m&b portal – not to other offers of mermaid & broccoli GmbH.
The duration of use depends on the duration of the booked program. Following the end of the program, the contents of the m&b Portal shall remain accessible to the User free of charge for a period of 3 months. Access beyond this period can be purchased as a subscription with a monthly notice period
3. Registration and usage
After booking a program through your employer, you will receive your personal access data for the m&b portal by email.
The following information is required for registration
- First and last name
- Email address
4. Handling of the access data
Your access and use of the m&b portal is exclusively for registered users. Keep your access data secret.
5. Copyrights and rights of use
We have put a lot of time, energy and experience into the programs and the creation of the materials. For the duration of the use you can use the content for your own workshops, trainings and coaching (non-exclusively). In the methodbox you will find downloadable templates for many methods, which you can use permanently (unchanged) yourself.
Any further commercial use or distribution of the portal content is not allowed.
To the best of our knowledge and belief, we refer to possible rights of third parties on the portal and in all documents. However, we do not assume any liability in case you use documents from the m&b portal for your own purposes.
6. Data security
We process personal data as far as it is necessary for the provision of our services and/or for the operation of the platform portal.mermaidbroccoli.com. The information on data protection in accordance with Art. 13 DSGVO can be found in our Privacy Policy.
7. Changes of the terms of use
We are constantly developing our offer. For this reason, among others, as well as possible legal changes, we will also sometimes adapt our Terms of Use. We may change these Terms of Use at any time, even during an existing contractual relationship. We will inform you about such changes in due time (4 weeks) before the planned entry into effect of the changes. Unless you object within the reasonable period of time specified in the notice of change from the date of receipt of the notice, the changes will be valid as agreed upon from the expiration of the period of time.
In the change notification, we will inform you of your right to object and of the consequences of an objection. In the event of an objection, we shall be entitled to terminate the contractual relationship with you as of the planned effective date of the changes.
If you subsequently obtain access to the m&b portal again, the then current version of the Terms of Use will be agreed upon, which will then become part of the contract for your access.
We are entitled to change the services and contents offered by us on the m&b portal. In this case the same conditions apply as for the change of the terms of use.
8. Warranty
The legal warranty applies.
9. Blocking of access
We may temporarily or permanently block your access to the m&b portal if we have concrete evidence that you have violated these terms of use or applicable law.
10. Liability
In accordance with the applicable legal provisions, we shall be liable without limitation for all damages caused by us in connection with the provision of the contractual services in the event of intent or gross negligence. In addition, we shall only be liable if we have breached a material contractual obligation in the provision of our services. An essential contractual obligation is defined as an obligation the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which you may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
In this case, however, we shall only be liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, or for a defect following the assumption of a guarantee. Our liability under the Product Liability Act remains unaffected.
These provisions shall also apply to the personal liability of employees, representatives and vicarious agents.
11. Final provisions, applicable law, place of jurisdiction
Changes and additions to this user agreement must be made in writing. Should provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.
The place of jurisdiction is Hamburg. The law of the Federal Republic of Germany shall apply.