Terms & Conditions

Date: June 1st 2023

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I. PREAMBLE

 

1. Preamble

The Blue Ocean Business Club is dedicated to helping its members realize their personal and professional potential.  

 

Members are self-employed, freelancers, founders, entrepreneurs or decision makers within companies and organizations, investors, artists and athletes. 

They have come together because of a common culture of appreciation and recognition for high-quality cooperation with each other and value the connections beyond the professional benefits. 

 

The Blue Ocean Business Club stands for the following basic principles:

1. Community & Mutual Support

2. Growth & willingness to learn

3. Playful ease & fun inside and outside of work

4. Making a meaningful contribution to society

 

Members benefit from 

• Mutual support within the network (assistance, customer potential, collaborations)

• Access to relevant offers from partners

• Unforgettable meetings and exchange of knowledge and experiences both in digital formats and at events

• Access to various training programs for business-relevant areas (for example, sales, marketing, legal, finance, ...)

• Privilege to participate and financial preference for events, such as joint trips or co-workations 

 

The General Terms and Conditions (GTC) of the BOBC shall apply exclusively; the BOBC shall not recognize any terms and conditions of the participants or members that conflict with or deviate from the GTC of the BOBC, unless the BOBC has expressly agreed to their validity in writing. The GTC of the BOBC shall also apply if the BOBC unconditionally renders the services in the knowledge of conflicting or deviating terms and conditions of the participants or members.

 

All agreements made between the BOBC and the participants or members are regulated in writing in this contract.

 

II. MEMBERSHIP IN THE BOBC

 

2. Application for membership

2.1 Application for membership in the BOBC shall be made exclusively online through the website https://blueoceanbusinessclub.com. Any natural person may apply for membership. Natural persons must be of legal age.

 

2.2 The applicant is obligated to provide complete and truthful information in the context of the application or to update the deposited information later in case of changes (e.g. in case of change of name / company or contact data). In particular, only clear names and no pseudonyms or pen names may be used. If the applicant does not comply with these obligations, the BOBC is entitled to refuse the registration or to cancel the membership.

 

2.3 In the case of online registration, the applicant may change and view the data at any time before submitting the application. By submitting the application, the applicant accepts these contractual conditions. The BOBC examines the application and decides on the admission to the best of its knowledge and belief. The BOBC may reject membership applications at any time without giving reasons. If the application is accepted, the applicant will receive a link to complete the registration as a member including payment modalities. 

 

2.4 After the registration the BOBC will send an automatic email with the relevant access data to the email address given by the member during the registration. The access data will be activated after successful collection of the membership fee.

 

2.5 The BOBC reserves the right to deny the member access to the member area or the registration as a member, if the member has previously violated these Terms and Conditions, in particular after a termination according to section 5.2 or in case of persistent default of payment according to section 4.10.

 

3. Services for Members / Membership Fee

3.1 The BOBC currently offers the following services to its members:

 

• Access to the communication platform (currently Circle) for exchange and networking with all members. The platform may vary. 

• Access to the member directory with all data released by the members such as pictures, contact data, short description of the member or the company and linking to social networks (e.g. LinkedIn, Instagram).

• Inclusion in the internal member newsletter

• Meetings and exchange of experiences both in digital formats

• Access to various online events (and privilege to participate and financial preference for paid online events)

• Privilege to participate and financial preference for events, such as joint trips or co-workings, live workshops, etc. 

 

4. Duration of the membership, payments, cancellation

4.1 Duration: The membership amounts to 12 months and starts with the arrival of the first payment.

 

4.2 Extension: The respective basic term is automatically extended by the same term if the membership has not been terminated beforehand with a notice period of 2 weeks to the respective end of the term. BOBC may change the membership fee for each renewal term. BOBC will notify you of any fee changes, each of which you will have the option to cancel. Please refer to the website for the most current terms and conditions. 

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4.3 Membership fee: The current regular yearly membership fee is 3.000€. The membership fee can be increased, however it will never affect current members. Discounts granted will not be paid out.

 

4.4 Partnership discounts

A member’s life or (multiple) business partner(s) can join the club with a 25% discount. Business partners have to be registered in their entity as such.

Discounts granted will not be paid out.

 

4.5 Referral bonuses

For every paying member an existing member has referred to the club, referral points will be credited as described in the referral program displayed on our community platform circle. 

 

4.6 Method of payment: Unless otherwise agreed, the respective membership fee is due for payment in advance after the invoice has been issued. The membership fee can be paid in monthly installments or with a one-time total amount. A change in the method of payment can be requested at hello@bobc.rocks. The fee will then be adjusted to the corresponding payment method. The charged fees are due for payment without deduction upon receipt of the invoice and must be credited no later than the tenth day after receipt of the invoice.

 

4.7 The Customer shall receive invoices in electronic form by email.

 

4.8 Credit Card Information: You authorize BOBC to collect your payment method and use it in connection with your active membership. BOBC may, to avoid interruptions to your service, participate in programs supported by your credit card provider to attempt to update your payment information. You grant BOBC permission to charge your account with the updated information BOBC receives.

 

If your primary method of payment fails, you authorize BOBC to charge another method of payment to your account. If you have not provided BOBC with a substitute payment method(s) and payment cannot be made, or if all payment methods in your account fail, BOBC may suspend your membership. You may edit your payment information at any time on your user account page at: https://blueocean-businessclub.com/my-account.

 

4.9 Arrears: If the member is behind payment with 2 months, the entire (remaining) membership fee is due for payment immediately. In addition, the BOBC is entitled to give notice of termination at the end of the agreed membership or optionally for cause (4.8).

 

4.10 Termination: The membership can be terminated at any time without naming a reason, at the latest 2 weeks to the end of the current membership year.

The termination must be made in writing (letter, e-mail) and is informal. 

The BOBC as well as the member may terminate the contractual relationship at any time without notice for good cause. An important reason for the BOBC is in particular a violation of the provisions of clauses 2.2 and 7.4 (untruthful statements), 4.4. (payment of the membership fee), 5.1 (making the login accessible), 5.2 (inadmissible contents), 5.5. (multi-level marketing and similar forms of distribution), 5.6 (incorrect granting of rights) or 7.1, 7.2 and 7.10 (inadmissible uses) of these GTC as well as in cases in which the BOBC has a reasonable suspicion that the membership data entered is incorrect or that of a third party. There will be no refund of membership fees already paid.

 

4.11 Pausing: In difficult situations, the BOBC offers members the possibility to pause their contribution and thus their membership for up to 1 month, unless agreed upon otherwise.

The pausing requires a personal agreement between the BOBC and the member. This can take place by telephone or in person. The member is encouraged to approach the club on their own responsibility. It is the BOBC's decision to accept the request for pause. The BOBC is under no obligation to do so. 

 

If the BOBC decides to deny the pause request, the dues payment may be deferred for up to 3 months and is then payable in a maximum of 2 installments thereafter. If approved, membership will be paused over the appropriate pausing period and attached to the remaining term. For the period of the pause, all services on the part of the Club will be stopped accordingly and will not be guaranteed again until the membership is active again. 

Difficult situations can be, for example:

• The company is experiencing an economic crisis

• Unemployment.

 

5. Duties of the members

5.1 The member is obliged to keep his access data strictly confidential and not to make them accessible to third parties. Should there be suspicion or certainty that a third party has had access to the access data, the BOBC is to be informed immediately by email. Should the access data of another member become known, it is forbidden - even in case of permission by the other member - to log in with these access data instead of the own. The member is liable for all culpably caused damages, which result from a misuse of his access data up to the notification to the BOBC.

 

5.2 Members may independently publish contents, in particular pictures and texts, for the purpose of their own presentation in the internal member area or have them displayed there. However, it is strictly prohibited to publish or display or send content that violates applicable law or enables or promotes legal violations. In particular, it is strictly prohibited to provide links to other websites, chargeable telephone numbers, SMS short codes and third-party URLs, to post content that infringes third-party rights, in particular copyright and personal rights (e.g. personal information about a third party), and to send disparaging or offensive remarks or spam, to post or send data that are capable of causing damage to BCB or third parties (e.g. viruses, Trojans, dialers); or to post content that promotes commercial or financial interests other than the mere self-presentation or the interests of a third party. 

 

5.3 If contents are provided in the member profile which, in the opinion of the BOBC, violate the aforementioned prohibitions, and the BOBC becomes aware of this, the BOBC shall in particular be entitled to refuse publication of the content concerned, if the BOBC becomes aware of the violation beforehand, to eliminate the violation by complete deletion of the content concerned, to temporarily or permanently block the registration or the access to the member area without notice, to terminate the concluded contract on the membership without notice; as well as to inform the responsible authorities, in particular police and public prosecutor's office, within the legally provided framework and to transmit all necessary data, as far as the BOBC is entitled or obliged to do so.

 

5.4 As far as contents are illegal in the opinion of a member, in particular violating a right of a member, the member is requested to inform the BOBC about this immediately by email, stating his contact details and concrete designation of the contents in question. In case of complaints the BOBC will check the content in question after receipt of the data and information required for identification and examination of the complaint and, if necessary, remove it from the website or block access to this content. Further claims against the BOBC due to third party content, in particular claims for damages, shall not exist.

 

5.5 The member is in particular strictly forbidden to practice MLM (multi-level marketing), network marketing, recommendation marketing, direct sales or similar forms of sales at events of the BOBC or to advertise for such or similar forms of distribution using the name of the BOBC and/or his status as a member of the BOBC or to recruit or approach other members of the BOBC for such business using his position as a member of the BOBC or to arrange contacts to providers of such forms of distribution.

 

5.6 The member agrees to comply with the rules of conduct on our member portal. The latest version of these rules can be viewed by the member at: https://member.blueocean-businessclub.com/c/getstarted/guidelines.

 

5.7 The member grants the BOBC permission to use trademarks or company logos of the member free of charge for marketing purposes of the BOBC, as far as such are published within the scope of its own presentation. The member assures his authorization to grant the permission.

 

5.8 Furthermore, with the acquisition of membership, the member grants the BOBC permission to publish his/her image (photo) for marketing purposes of the BOBC.

 

5.9 If, due to a culpable violation on the part of the member against these GTC, in particular against the obligations determined in 5.1, 5.2, 5.5 and 5.6, claims of third parties are asserted against the BOBC, the member shall be obliged to indemnify the BOBC against all claims of third parties in this respect as well as further damages, costs and expenses incurred in this connection (including the reasonable attorney's fees and court costs incurred in a defense against the claim).

 

6. Rights of use

6.1 The member acknowledges that the website as well as the contents of the BOBC, other members or other third parties displayed and callable thereon are protected by intellectual property rights (industrial property rights) - in particular copyrights. The member shall not be entitled to use contents of the BOBC, of members or other third parties made accessible within the framework of the website, especially contents displayed on the website, beyond the contractual purpose, in particular to copy, store, process and/or distribute them, unless this is done with the express prior written permission of the BOBC.

 

6.2 Among other things, the member shall not be permitted, without the prior written consent of the BOBC, to use the website or parts thereof (in particular contents, e.g. 6.2 The member shall not, without the prior written consent of the BOBC, integrate the website or parts thereof (in particular contents, such as photos) by way of linking or framing into own or third party internet offers or display them in any other way, copy or reprogram the website or parts thereof (in particular contents, such as photos); or offer services on the internet, against payment or free of charge, which refer to the website and through which the erroneous impression is created that the user thereby receives advantages or that the service is rendered with the consent of or in cooperation with the BOBC.

 

III. EVENTS OF THE BOBC

   

7. Booking of events of the BOBC

7.1 The BOBC offers both members and non-members various events. When booking, the participant can change and view the data at any time before submitting the booking. The booking can only be submitted and transmitted if the participant accepts these contractual terms and conditions by clicking on the button "I have read and understood the GTC and fully agree with their validity". 

 

7.2 The number of participants in the events is regularly limited. The booking of the participant to the event shall be made in the order of reception of the registrations by the BOBC.

 

7.3 Should the event already be fully booked or not take place in the announced form, the participant shall be informed thereof.

 

7.4 The participant shall be obliged to truthfully provide the personal data required upon registration. Should the data to be provided upon registration change in the meantime, the participant shall be obliged to inform the BOBC thereof without delay.

 

7.5 After receipt of the participant's registration, the BOBC shall send a registration confirmation, insofar as the BOBC accepts the registration, or a cancellation (e.g. if no more free places are available). This confirmation of registration or cancellation will be sent exclusively to the email address given at the time of booking. Only with a confirmation of registration the contract is concluded under inclusion of these GTC.

 

7.6 The participation of non-members in live and online events of the BOBC is limited to a maximum of two times.

 

7.7 The cost contribution incurred for the booked event (plus the statutory value added tax) includes the services specified in the respective event program. Detailed information about the event and the cost contribution can be found in the respective event program.

 

7.8 Invoices are issued automatically with the confirmation of registration. The charged fees are settled by default with the deposited payment method. Optionally, an alternative payment method can be stored at the time of purchase. The charged fees are due for payment without deduction upon receipt of the invoice and must be credited no later than the tenth day after receipt of the invoice.

 

7.9 All rights of use of event documents handed out shall remain with the BOBC and/or the respective originator. The participant is only allowed to use them for their own information and follow-up purposes. In particular the duplication, passing on or other utilization of the event documents or their contents, also in parts, is prohibited.

 

7.10 The BOBC may name participants registered for events and - if provided by the participant - also display a photo of the participant. Photos or film recordings of participants made at an event may be used by the BOBC on its website and in newspaper articles or film contributions (e.g. television, YouTube) reporting on BOBC events. By registering for an event, the participant gives his/her consent to these uses. The consent can be revoked at any time with effect for the future. The revocation must be in text form.

   

8. Withdrawal from booked events

8.1 A withdrawal from a booked event is possible free of charge up to 7 days before the beginning of the event. Excluded from this are trips organized by the BOBC, such as co-workings. Here the deadline is a maximum of 14 days before the start of the trip. We reserve the right to charge the member for any special expenses, such as cancellation costs.

 

8.2 If a cancellation is made later, the full cost contribution is due for payment. If a substitute participant is provided for a registered participant, no cancellation costs shall be incurred. 

 

8.3 The declaration of withdrawal as well as the registration of a substitute participant must be made in text form (e.g. letter, e-mail) to the BOBC. For the calculation of the deadlines according to the aforementioned clauses, the date of receipt by the BOBC shall be decisive.

   

9. Cancellation of event / change of speakers

9.1 In the event of the cancellation of the scheduled speaker of an event, the BOBC may provide a suitable substitute speaker and / or adapt the organizational procedure of the event in order to avoid cancellation of the event. As far as necessary for the proper participation in the event (e.g. in case of time changes), the registered participant of the event will be informed about changes in due time.

 

9.2 If an event has to be cancelled, e.g. due to an insufficient number of participants, cancellation of the speaker without replacement or similar important reasons, the participant will be informed immediately. Any fees already paid for the event will be refunded or if agreed kept for the future occurrence of the event.

 

IV.   GENERAL PROVISIONS

 

10. Cancellation policy for consumers

10.1 Right of revocation

You may revoke your contractual declaration within 14 days without giving reasons by means of a clear declaration in text form (e.g. letter, email). The period begins after receipt of this instruction in text form, but not before the conclusion of the contract. The timely dispatch of the revocation before the expiry of the revocation period shall be sufficient to comply with the revocation period. The revocation is to be sent to the address given in the imprint on the website.

 

10.2 Consequences of revocation

If you revoke this contract, the BOBC will reimburse you all payments it has received from you, including any delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 

If you have requested that the service should still begin during the revocation period, you shall pay the BOBC an appropriate amount, which corresponds to the proportion of the services already rendered up to the point in time at which you inform the BOBC of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided for in the contract. 

 

10.3 Exclusion of the right of revocation

Your right of revocation shall expire prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation. 

Furthermore, the right of revocation shall not apply if, when concluding the contract, you are acting predominantly in the exercise of your commercial or self-employed professional activity and you are therefore to be regarded as an entrepreneur.

   

11. Data protection

11.1 The collection, processing and/or use of personal data shall be carried out in strict compliance with the provisions of data protection law and only if you have consented or if this is permitted by law. The data protection information of the BOBC shall apply. The member / participant assures to have read this data protection information and to agree with it. The privacy policy can be found on the website of the BOBC at https://blueocean-businessclub.com/private-policy. 

 

12. Liability

12.1 Except as otherwise set forth in the Additional Terms, in no event will BOBC be liable to you or any third party for any special, intangible, incidental, indirect, consequential, exemplary or punitive damages of any kind or nature whatsoever, including loss of use, loss of data, loss of goodwill, loss of revenue or loss of profits, regardless of the cause; (B) based on any theory of liability, including breach of contract or warranty, negligence or other tort; or (C) arising out of any other claim related to your use of, or access to the Services or Software. In the event of gross negligence, willful misconduct by BOBC or BOBC's employees, or death or personal injury, BOBC's liability shall not be limited or excluded by any provision contained in these Terms.

 

12.2 Responsibility for posted contents, data and/or information of the members

The BOBC does not assume any responsibility for contents, data and/or information posted by the members on the webpage of the BOBC as well as for contents on linked external websites. In particular the BOBC does not guarantee that such contents are true or can be used for a certain purpose.

 

12.3 BOBC specifically disclaims all liability for actions arising out of your use of the Services or Software. Your access to and use of the Services and Software is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use of or access to the Services or Software.

   

13. Amendment of the GTC

13.1 The BOBC reserves the right to amend these GTC from time to time. The BOBC shall then notify the changes made. These amendments shall be deemed accepted if these amendments are not objected to in text form (e.g. letter, email) within 4 weeks from receipt of the amendment notification, whereby the BOBC shall expressly point out the consequence of a failure to object in the amendment notification.

 

14. Limitation

14.1 Insofar as liability for damages not based on injury to life, body or health of the participant or the member is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the accrual of the claim.

 

15. Final Provisions

15.1 With the binding registration as a member or booking of an event the user declares to have read these GTC and to agree with their validity.

 

15.2 Subsidiary agreements, amendments and additions to the contractual relationship must be made in text form. This also applies to a waiver of this text form requirement.