Terms and Conditions

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ . We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.

General Terms and Conditions of Use of One Good Trade UG (limited liability)

§ 1 Scope of application/contractual object

One Good Trade UG (hereinafter referred to as “OGT”) offers numerous stock exchange information, market reports, newsletters, other business-related content, products, webinars, online seminars and seminars (hereinafter referred to collectively as “Content”) on the websites and the web shop at www.wirmachentrader.de and www.education.wirmachentrader.de (hereinafter referred to as “Portals”). Duly registered users can access these contents and use the other free and paid offers currently available on the portals within the scope of their respective availability. Further information on the individual offers can be found in § 2.

These General Terms and Conditions of Business and Use apply to the purchase of all content from OGT and the use of these services on the portals by the duly registered user.

OGT objects to deviating terms and conditions of the user. These only apply if OGT has expressly agreed to their validity in writing.

§ 2 Description of the offers, technical requirements

OGT’s services that require registration on OGT’s portals include the following:

  1. magazines
    OGT magazines are those that can be downloaded free of charge for viewing in the browser or as e-mail subscriptions.
  2. online trading prices
    Through the online trading rates, the user receives the information selected by him. The Online Trading Rates are value-added services for which a fee is charged and can be accessed, in particular, on the www.education.wirmachentrader.de portal.
  3. online seminars
    Online seminars are training courses on the topic selected by the user, which the user can follow interactively via live stream. Online seminars are fee-based value-added services.
  4. webinars
    Webinars are moderated programmes on selected topics, which the user can follow interactively via live stream.
  5. seminars
    Seminars are classroom training sessions on the topic selected by the user that take place at predefined venues. Seminars are value-added services subject to a fee.
  6. extended software functions
    The portals of OGT offer the user the possibility to access various free software solutions. Registered users can, among other things, save and manage individual settings within their user account.
  7. memberships
    Through the memberships, the user receives the information selected by him. The memberships are fee-based value-added services and can be accessed, in particular, on the www.education.wirmachentrader.de portal.
  8. software for trading platforms
    On its website, OGT offers the user the opportunity to purchase software for trading platforms for a fee. The conditions of use depend on the respective trading platform for which the software is purchased.

All OGT products and services are described in more detail on the portals.

Unless otherwise indicated for the respective product, the user requires a functioning computer including input devices (mouse and keyboard), an Internet connection (at least 4 Mbps) and an up-to-date Internet browser for displaying the software and services in order to access the services of OGT. If the user installs additional software and hardware extensions that are not typical for the factory, he bears sole responsibility for them. In such cases, OGT cannot guarantee the unrestricted scope of functions.

In order to receive certain articles or magazines as “eBooks”, the Adobe Reader program of Adobe Systems Inc. in its current version or a comparable program enabling the viewing and saving of PDF documents is also required. The trading platform software is an add-on to the underlying software. These are the trading programs MetaTrader 4, Metaquotes Sdotware Corp. and NinjaTrader 8, NinjaTrader Group LLC. The purchase of the software for trading platforms expressly includes only the add-on and not the trading platform, which the user must provide in the current version. The user also requires a Flash browser plug-in in the current version. Video content will be integrated via the two providers www.amazon.com and www.youtube.com.

The user himself is responsible for setting up the aforementioned technical requirements.

They are not part of the contract with OGT. Any costs incurred for this are to be borne by the user. OGT provides detailed system requirements for all chargeable products and services on the portals in connection with the respective product.

§ 3 Conclusion of contract/validity of the General Terms and Conditions of Business

The present conditions become binding on the user as soon as he has agreed to them (e.g. by clicking on a corresponding checkbox).

3.1 Registration

The use of the offers described in § 2 requires first the registration as a user. This registration is free of charge for the user.

Registration presupposes that the user is a natural person of unlimited legal capacity over the age of 18 who performs the registration for himself or as a representative for a legal entity, who transmits the data requested in the registration form and agrees to these terms and conditions as well as the data protection provisions.

Should there be justified doubts as to age of majority, OGT reserves the right to demand proof of age from the user (e.g. copy of identity card).

The user is obliged to provide all registration details completely and truthfully.

Once all requested data has been entered, an activation e-mail will automatically be sent to the e-mail address provided by the user. The user then clicks on the registration link contained in this activation e-mail to confirm his registration. After clicking on the registration link, the user will receive a confirmation e-mail. Registration is now complete. The user contract with OGT is concluded once registration has been completed. The user thus has access to the free content of the portals.

If the user does not complete the registration by clicking on the registration link within 5 days after sending the activation e-mail, the order will be cancelled automatically and completely free of charge.

There is no legal claim to registration. OGT is entitled to refuse the acceptance of the registration request and thus the conclusion of the user contract without giving reasons. The user will receive the confirmation e-mail or the rejection at the latest 5 days after clicking on the registration link.

3.2 Utilization of paid memberships

The use of the additional services offered on the portals within the framework of membership (cf. § 2 number 7) are made available by way of subscription and require the conclusion of a separate contract (hereinafter referred to as “subscription contract”).

a) The presentation of memberships on OGT’s website constitutes an initially non-binding invitation to the user to submit an offer. By clicking on the corresponding button “Buy Now”, the user submits a binding offer to OGT to conclude the subscription contract for the memberships. However, the offer can only be submitted and transmitted if the user accepts these conditions.

b) The request is only possible for successfully registered (cf. section 3.1) users.

c) After placing an order, the user receives an automatic e-mail confirming receipt of the order by OGT. This confirmation of receipt does not constitute acceptance of the offer. It is merely intended to inform that the order has been received by OGT.

d) The contract with OGT is only concluded when OGT accepts this offer by sending the access data to OGT, or at the latest when the user receives service components by e-mail. Irrespective of the right to reject a user as a customer of the memberships without stating reasons, the acceptance or rejection of the offer shall take place at the latest within five days of the order being placed by the user.

e) The user has the opportunity to test each paid membership of OGT once for a maximum of 14 days against a reduced registration fee of 1€. After the user has tested a certain payable membership once at a reduced rate of 1€, OGT reserves the right not to grant a further reduced test phase for 1€ for the membership already tested by the customer. At the end of the test phase, the paid membership continues with the agreed term, whereby the test phase is not counted towards the term. These regulations for the test phase leave any existing legal revocation rights of the consumer (see § 8) unaffected. Any revocation periods begin with the conclusion of the contract and thus already at the beginning of the test phase.

3.3 Use of seminar and online seminar offers

In the event that OGT makes use of seminar and online seminar offers, OGT and the user shall conclude a separate contract subject to payment.

The user shall first submit a non-binding request for participation in the online seminar or seminar of OGT. Upon his request, the User shall receive Users first receive an automatic e-mail confirming receipt of their request. The e-mail contains a registration link. By clicking on this link, the user makes a binding offer to OGT to conclude the contract for the seminar/online seminar service. OGT accepts this binding offer by sending a confirmation of contract with further information on the event to the user by e-mail. Notwithstanding the right to refuse a contract without stating reasons, OGT shall confirm or refuse the contract within five working days of the user clicking on the registration link.

3.5 Contract language – contract text

The language available for the conclusion of the contract is German.

The user shall receive confirmations of receipt, order confirmations including these terms of use by e-mail. In addition, OGT shall not store any separate contract texts which would be accessible on the Internet by the customer after conclusion of the contract. The content of the contracts concluded with OGT therefore follows from these General Terms of Use together with the confirmation of the contract, which is sent to the customer by e-mail.

For the purchase of certain products as well as for the use of any trading opportunities, deviating General Terms and Conditions or extensions may apply, which the customer must expressly agree to in the portal. Even if such products and services are ordered, the contractual information shall be made available to the customer prior to conclusion of the contract and shall not be stored separately on the Internet.

§ 4 Prices

4.1 Final prices

The prices quoted on the portals at the time of the conclusion of the contract shall apply. They are to be understood as final prices including value added tax and any ancillary costs.

4.2 Special regulations for memberships, price adjustment

In the case of memberships, the prices are to be understood as a one-off payment for the contractually agreed minimum contract term.

OGT is entitled to adjust the subscription price of the memberships at any time and subject to a notice period of at least 6 weeks if and to the extent that this price adjustment is motivated by compensation for increased or reduced total costs. The price adjustment shall lead to a reduction or increase of the price, depending on whether the total costs of OGT have increased or decreased. These total costs consist in particular of fees for copyrights and ancillary copyrights, costs for the maintenance and operation of the IT infrastructure and software required to call up the service, costs for licensing and supplying course and master data, wage and ancillary wage costs, costs for customer administration as well as general administrative costs. Should the cost increases lead to price increases of more than 5 percent within a reference period, the customer shall be entitled to an extraordinary right of termination for the point in time at which these become effective. The termination must be received by OGT within one month of notification of the price increase.

Notwithstanding the foregoing, OGT shall be entitled to adjust the prices accordingly in the event of a change in the statutory value-added tax or in the event of other changes with regard to the taxation of the services offered.

§ 5 Services

5.1 General services

The scope and content of the services offered by OGT can be found in the respective service descriptions on the portals. A contract confirmation with all contract components will be sent by e-mail after the conclusion of a contract for fee-based services.

5.2 Special regulations for seminars and online seminars

Seminars and online seminars come into being when a minimum number of participants as indicated in the respective offer on the portal has bindingly registered. OGT reserves the right to cancel a seminar or online seminars if, for reasons for which OGT is not responsible, e.g. the speaker fails without replacement, the minimum number of participants is not reached (at the latest 2 weeks before the start), the venue is not available or in the event of force majeure (e.g. strike, terrorist attack, etc.).

In any case, OGT shall endeavour to inform the registered participants in good time of cancellations and necessary changes, e.g. in the event of a change of lecturer, and to offer an alternative date if possible. The legal rights of the user remain unaffected.

OGT reserves the right to make changes for technical reasons – such as updating requirements or further development – provided that this does not change the essential character of the seminar/web seminar. Insignificant changes, changes of speakers as well as reasonable changes to the venue or course of the event do not entitle the participant to a reduction in price or to withdraw from the contract.

In case of cancellation of a seminar or online seminar as well as in case of withdrawal, seminar/online seminar fees already paid by the user to OGT shall be refunded in full.

5.3 Newsletter

The user is offered various free e-mail newsletters on the OGT portals. The e-mail address provided by the user during registration is used to send the newsletter. OGT will only send the newsletters if the user has expressly consented thereto.

In addition to editorial content and industry news, the newsletters may also contain advertising from OGT or third parties. The user will find more details on this in the data protection declaration.

Each newsletter contains a link to unsubscribe from the newsletter. In the event of technical or other problems, technical support for unsubscribing is available to the users at the e-mail address info@wirmachentrader.de

5.4 Comment and chat functions

OGT portals offer the possibility to respond to editorial content in the form of comments. Various chat options are also available. OGT is entitled to exclude registered users and customers of paid memberships and online trading courses from the use of these communication offers without giving reasons. For the comment and chat functions, the rules of conduct according to § 20 of these terms of use apply to the user.

§ 6 Obligations of the User

6.1 Responsibility for access data

The user assures OGT to provide all data required for ordering or registration truthfully and completely and to inform OGT immediately of any changes to his personal data (address, telephone, e-mail, etc.). The user should send this information by e-mail to info@wirmachentrader.de or by post to One Good Trade UG (haftungsbeschränkt), Asbecker Dorfstraße 1b, D-58708 Menden.

Without prejudice to other statutory provisions, OGT is entitled to refuse the provision of services to the user in whole or in part and to block the access of the respective user to the services if false information was provided during registration or in the event of misuse (e.g. multiple registrations, forwarding of access data to third parties) by the user. OGT may provide the User’s data record with a so-called blocking notice in order to exclude the User from using the Services in the future, in particular from re-registering.

Irrespective of this, OGT shall be entitled to extraordinarily terminate membership contracts (cf. Section 3.2) and to withdraw the registration if false information was given at the time of registration, registration requirements are not met or no longer apply, there is a case of abuse (e.g. multiple registrations) by the user or if the user repeatedly violates the rules for the use of OGT’s communication services.

The unlawful disclosure of third-party data is not permitted.

The user is obliged to keep his access data (user name and password) secret and to prevent unauthorised use of the access granted to the user by third parties. If the user becomes aware of any misuse of the access data, he shall notify OGT thereof without delay. In the event of misuse, OGT shall be entitled to block access to the content. The user shall be liable for any use and/or other activity carried out under his access data in accordance with the statutory provisions.

6.2 Notification of access disruptions

The user must notify OGT immediately if he does not receive regular communications from OGT (e.g. invoices) or other communications or mailings from OGT which the user had to expect in the circumstances of the case within the period which is usually estimated for the agreed transmission.

6.3 Further obligations of the user

The user is responsible for providing and maintaining the technical prerequisites for the proper and error-free use of OGT’s services (see also § 2, last paragraph). This also applies to the hardware and operating system software used by the user. The user is hereby expressly informed that before ordering services from OGT he must ensure that he has the necessary technical prerequisites to use the services. The system requirements for the services can be found in the portals of OGT.

It is the user’s responsibility to take the necessary precautions to secure his system and his own data, in particular to use the usual security settings of the browser, to carry out regular data backups and to use up-to-date protection software to protect against computer viruses.

§ 7 Duration of contract

7.1 General information

The user can cancel the free services at any time by unsubscribing, provided that he does not use any paid services for which access to the portals is required at this time.

7.2 Special regulations for paid memberships

For memberships, the contract periods specified in the respective contract shall apply, beginning with the conclusion of the contract. If a minimum contract period has been determined, the contract shall be automatically extended after expiry of the minimum contract period by the contractually agreed contract period, but by a maximum of one year, unless one of the parties terminates the contract in writing (by e-mail or post) by observing a notice period of 4 weeks before expiry of the minimum contract period or the respective extension period (the date of receipt shall apply). A termination of the contract before the end of an agreed minimum contract period is not possible. OGT reserves the right to agree to premature termination in individual cases; there is no legal entitlement to such termination. However, the right of both parties to terminate for good cause shall remain unaffected.

The contractual relationship shall end when the termination becomes effective. The user may no longer use his access. OGT reserves the right to block the access data (user name and password) as soon as the termination becomes effective.

§ 8 Revocation – Revocation instructions

If the user is a consumer, i.e. a natural person who concludes the contract for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity (cf. § 13 BGB), depending on the type of services provided by OGT, a statutory right of revocation may apply, about which OGT informs as follows:

8.1 Cancellation policy for contracts for services (cf. § 2 numbers 3 to 7):

Cancellation policy

right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us,

One Good Trade UG

c/o customer service

Asbecker Dorfstrasse 1b

58708 Menden

or e-mail: info@wirmachentrader.de

by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this Agreement. You may use the attached sample withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall repay to you all payments we have received from you immediately and at the latest within 14 days of the date on which we received notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

If you have requested that the Service be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notified us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement. A sample revocation form is available to the user for download as a pdf file.

Premature expiry of the right of revocation

In the case of a contract for the provision of services, your right of revocation shall expire prematurely if OGT has provided the service in full and has only begun to provide the service after you have given your express consent and confirmed that you are aware that you will lose your right of revocation with OGT’s complete performance of the contract.

Non-existence of the right of revocation

Pursuant to § 312g Para. 2 No. 9 BGB, the right of revocation does not apply to services in connection with leisure activities if the contract provides for a specific date or period for the provision of such services (e.g. tickets for lecture events which are provided on a specific date or within a specific period).

8.2 Cancellation Policy for Contracts for the Delivery of Digital Content (cf. § 2 clauses 1. and 2.):

Cancellation Policy

right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us,

One Good Trade UG

c/o customer service

Asbecker Dorfstrasse 1b

58708 Menden

or e-mail: info@wirmachentrader.de

by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this Agreement. You may use the attached sample withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall repay to you all payments we have received from you immediately and at the latest within 14 days of the date on which we received notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

Special notes

If you have requested that the service be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notified us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total scope of the services provided in the Agreement. A sample revocation form is available to the user for download as a pdf file.

Premature expiry of the right of revocation

If you order digital content, your right of revocation expires prematurely if you expressly agree with the order that the execution of the contract will begin before the expiry of the revocation period and that you are aware that you lose your right of revocation through this agreement with the start of the execution of this contract.

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back.)

To: One Good Trade UG

c/o customer service

Asbecker Dorfstrasse 1b

58708 Menden

by e-mail: info@wirmachentrader.de

I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following services ():

Ordered on ()/ received on ():

Name(s) of consumer(s):

Address of the consumer(s):

Signature of consumer(s) (only for paper notifications):

Date:


(*)Delete as appropriate.

§ 9 Cancellation / Rebooking of Seminars / Online Seminars

Irrespective of any statutory right of withdrawal (cf. § 8), it is possible to withdraw in writing from a registration for a seminar/online seminar: If the cancellation is received 14 days prior to the start of the event at the latest, the full price will be refunded; up to the 3rd day prior to the start of the event, the price will be reduced to 50 percent; if the cancellation is even later, the seminar is not attended or the participant leaves the event prematurely, the full price will be charged. The user is at liberty to prove that OGT has suffered no or less damage as a result of the cancellation than the aforementioned flat-rate damage.

The date of the postmark shall be decisive for compliance with the deadline. It is possible to nominate a replacement participant. The statutory right of revocation remains unaffected.

Cancellation can be made in writing by e-mail or by post. The cancellation is to be addressed to:

One Good Trade UG

Asbecker Dorfstrasse 1b

58708 Menden

E-mail: info@wirmachentrader.de

§ 10 Redeeming vouchers

OGT offers promotional vouchers at irregular intervals. Promotional vouchers are all vouchers which cannot be purchased and which are issued as gifts within the framework of advertising measures with a certain validity period.

These promotional vouchers are only redeemable for the products specified on the voucher, only during the specified period and only via the regular order process of OGT. Unless otherwise stated on the promotional voucher itself, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit cannot be charged. The promotional voucher is not transferable to third parties.

Promotion vouchers can only be redeemed before the order is completed and once. They cannot be charged retroactively. In addition, they cannot be combined with other vouchers or offset against existing offers.

A refund of a promotion voucher in the case of a revocation is basically not possible. OGT also reserves the right to exclude customers with outstanding claims against OGT from voucher campaigns.

§ 11 Invoicing, due date

11.1 Invoicing

Membership fees are to be paid in advance for the respective contract period. Invoices will be sent by e-mail in PDF format. The user undertakes to send the agreed price immediately upon receipt of the invoice.

The seminar/online seminar fees are due upon invoicing. The invoice will be sent by e-mail in PDF format. The user undertakes to transfer the agreed price immediately upon receipt of the invoice.

When purchasing tickets for lecture events, payment and invoicing may be made to and by a third party. The data protection regulations of the third party provider shall apply with priority for this data.

11.2 Payment

Bookings of online seminars, online trading courses, seminars and webinars can be paid by bank transfer (invoice).

For the ordering of online seminars, online trading courses, seminars and products, OGT offers in addition to the above payment method the payment option via PayPal and Stripe. However, the user is not entitled to a specific method of payment.

Details of the payment options can be found on the portals.

§ 12 Default

The user shall be in default at the latest upon expiry of the payment period. Unless otherwise specified below, the statutory default provisions shall apply.

12.1 Right to refuse performance

In the event of default of payment by the user, OGT shall be entitled, among other things, to withhold the performance of the services contractually incumbent on OGT, in particular to discontinue the dispatch of “ePapers” and to block access to premium services (including memberships and access to online trading courses). In the case of seminars/online seminars, this means that the user is not allowed to participate in the seminar/online seminar. After the outstanding claims have been settled, the service will be resumed or access will be reopened. OGT reserves the right to further and more extensive claims, in particular compensation for damages caused by delay and damages due to any extrajudicial legal action, as well as the declaration of extraordinary termination, should the legal requirements be met.

In the event of default in payment, the invoice amounts not yet due shall also be payable immediately if the default is the result of a serious breach of contract by the user.

12.2 Assertion of interest on arrears

If the user is in default of payment, OGT shall be entitled to demand default interest at a rate of 5 percent p.a. above the base interest rate announced by the European Central Bank. If OGT has demonstrably incurred a higher damage caused by default, OGT shall be entitled to assert this.

12.3 Assertion of dunning charges

If a reminder is issued, reminder fees of 4 euros per reminder will be charged and due immediately. The user is at liberty to prove that OGT has incurred no damage or less damage than the aforementioned flat-rate damage as a result of the reminder.

§ 13 Retention

The user is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 14 Warranty – Rights in case of defects

With regard to the services offered free of charge by OGT and the free online magazines and newsletters, the provisions of §§ 599, 600 BGB apply accordingly.

With regard to services subject to a charge, the user is generally entitled to the statutory warranty rights subject to the following conditions:

Unless expressly stated otherwise, statements and explanations regarding OGT’s services are to be understood exclusively as a description of the quality and not as a guarantee or assurance of a quality.

A material defect shall be deemed to exist if OGT’s services do not exhibit the contractual quality and thereby the suitability for the contractual use is cancelled or reduced. An insignificant limitation of the suitability remains out of consideration.

OGT shall provide subsequent performance at the user’s request as soon as a comprehensible description of the defect is submitted. If the user sets a deadline for subsequent performance, this must be reasonable.

The user’s right of termination due to non-granting of the use shall only exist if the defect is not remedied within a reasonable period of time or is deemed to have failed in accordance with the statutory provisions.

§ 15 Liability

15.1 Insofar as users post content in discussion forums, so-called streams, chats or blogs and give advice there, it is exclusively a matter of content for which the users concerned are responsible. In this respect, OGT merely makes the medium technically available and is not responsible for the accuracy, correctness or reliability of these contents. In particular, OGT shall not be liable for any loss or damage incurred by the user as a result of the user relying on such information.

15.2 If the User suffers damage as a result of the loss of data, OGT shall not be liable for such damage, regardless of any involvement, to the extent that the damage would have been avoided if the User had properly, regularly and completely backed up all relevant data.

15.3 Otherwise, OGT, its legal representatives and vicarious agents shall only be liable in the event of injury to life, limb or health or in the event of a breach of material contractual obligations (cardinal obligations), i.e. such obligations the fulfilment of which is essential to the proper performance of the contract and on the observance of which the user may regularly rely, and the breach of which on the other hand endangers the achievement of the purpose of the contract. OGT shall also be liable for damages resulting from the absence of warranted characteristics as well as for other damages resulting from an intentional or grossly negligent breach of duty by OGT, its legal representatives or vicarious agents.

15.4 In the event of a breach of essential contractual obligations (cf. Section 15.3), OGT shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.

15.5 Further claims of the user for damages are excluded. The provisions of the Product Liability Act shall remain unaffected.

§ 16 Data collection and data protection

16.1 OGT collects customer data within the framework of the execution of contracts. OGT shall in particular observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the user’s consent, OGT will only collect, process or use the user’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

16.2 In addition, OGT’s general data protection declaration, which can be downloaded from http://education.wirmachentrader.de/datenschutzbelehrung/, shall apply.

§ 17 Risk note

The information and services on the OGT portals are addressed to registered and unregistered users. However, the offers which the user finds on the portals of OGT are expressly not directed at persons in countries which prohibit the provision or retrieval of the contents therein, in particular not at US persons within the meaning of Regulation S of the US Securities Act of 1933 and Internet users in Great Britain, Northern Ireland, Canada and Japan. Each user is responsible to inform himself about any restrictions before calling up the portals and to comply with them.

In particular, OGT draws attention to the particularly high risks associated with transactions involving warrants, derivatives and derivative financial instruments. Trading in warrants or derivatives is a financial futures transaction. The considerable opportunities are offset by corresponding risks, which can result not only in a total loss of the capital invested, but also in additional losses. For this reason, this type of transaction requires in-depth knowledge of these financial products, the securities markets, securities trading techniques and strategies.

Insofar as OGT carefully examines stock exchange or economic information, prices, indices, prices, news, market data and other general market information, OGT makes no claim to the accuracy, completeness or timeliness of the content. It is the user’s responsibility to check the accuracy, completeness and topicality of this data. This applies in particular, but not exclusively, to course data from third party sources. The information mentioned does not constitute an invitation to buy, hold or sell securities and derivative financial products and does not constitute an individual advisory or information relationship. They do not constitute legal, tax or other advice and cannot replace such advice.

Before making investment decisions, the user should carefully inform himself about the opportunities and risks of the investment. A positive performance of a financial product in the past can in no way be taken as an indication of future earnings. OGT accepts no liability for the information provided, which OGT considers to be trustworthy, for trading suggestions provided or for their completeness.

Readers and participants in multimedia events such as webinars, online seminars, seminars or lecture events who make investment decisions or carry out transactions on the basis of the published content act entirely at their own risk.

OGT assumes no liability for the content of external links. The operators of the linked sites are solely responsible for their content. OGT shall not be liable for the contents of such websites to the extent permitted by law.

§ 18 Copyright

OGT is the owner of all industrial property rights, in particular trademark rights, copyrights and ancillary copyrights, these portals, the documents, texts, graphics, software and the working documents issued in the context of the subscriptions (hereinafter collectively referred to as “contents”). OGT permits the storage and transfer of the contents in databases which are intended exclusively for the private purposes of a user. Any duplication, making available to the public, processing, distribution and other use of the contents as a whole or in parts, other than for private purposes, requires the express written consent of OGT.

The linking to one of OGT’s portals requires the express written consent of OGT.

§ 19 Content provided by the user

19.1 If the user posts his own content on the portals of OGT (texts, chart analyses, photos, videos, pictures), he agrees that the content posted in this way may be copied, distributed and publicly reproduced free of charge on the Internet and in print. In addition, the user declares that he owns all copyrights and other rights to the content posted and that the persons depicted on the graphic content posted, who are not only accessories to a location or part of depicted meetings, elevators or similar events, agree to the publication.

19.2 The user undertakes to comply with the legal requirements for all content posted on the portals of OGT. In particular, the user undertakes not to post any illegal, grossly offensive, pornographic, youth-endangering, extremist, violence glorifying or trivialising content, defamatory statements or other punishable content. The placement of advertising content and advertising of any kind is, unless otherwise provided, completely prohibited.

19.3 The user shall indemnify OGT against all claims and costs of third parties (including legal costs for the defence of OGT) upon first request which result from culpable violations of these terms and conditions and obligations of § 20 of these Terms of Use by the user, or from lack of rights to the posted content. OGT shall immediately inform the User of any claims by third parties and give the User the opportunity to comment on the attack. The user is obliged to make all information and documents available to OGT in order to defend himself against the claims of third parties.

19.4 OGT reserves the right not to publish or subsequently remove User content posted on the portals without stating reasons.

19.5 All content posted on OGT portals is to be understood as a personal statement by the user. They in no way reflect the opinion of OGT. There is no legal claim to publication on the part of the user.

§ 20 Changes to OGT products

OGT’s offer is continuously adapted, optimised and changed. The same applies to the content of the portals.

§ 21 Changes to the General Terms and Conditions of OGT

OGT reserves the right to amend these General Terms and Conditions of Business and Use at any time with effect for the future. If OGT changes these General Terms and Conditions of Business and Use after the user has accepted them for the first time, the new provisions shall only become effective with the user’s renewed consent. Consent shall also be deemed to have been given if the user continues to use the OGT service after becoming aware of the change. The current version of the General Terms and Conditions of Business and Use can be viewed, downloaded and printed under http://education.wirmachentrader.de/ or https://wirmachentrader.de

§ 22 Final provisions

22.1 If the User is a merchant or a legal entity under public law or if the User does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the User and OGT shall be the registered office of OGT. In all other cases, OGT or the user may bring an action before any court competent on the basis of statutory provisions.

22.2 Amendments or supplements to the contract between the user and OGT must be made in writing. The requirement of written form can only be waived by a written agreement of the contracting parties.

22.3 German law shall apply to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer (cf. § 8), the mandatory consumer protection provisions that apply in the country in which the user has his habitual residence shall also apply if they offer him further protection.

22.4 Should a provision be invalid, this shall not affect the legal validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that corresponds to the intended purpose and purpose of all parties and is feasible in terms of its content.

22.5 In the event of a conflict, it is possible to settle the dispute quickly and inexpensively online via the Internet platform of the EU Commission. The link to the so-called “OS platform” pursuant to Art.14 para.1 of Regulation (EU) No. 524/2013 is: https://ec.europa.eu/consumers/odr/

If you need help, we are at your disposal:

One Good Trade UG (limited liability)

represented by Felix Hövelborn

Asbecker Dorfstrasse 1b

58708 Menden

phone: +49 151 144 99869

E-mail: info@wirmachentrader.de

Register court: Arnsberg

Commercial Register No. HRB 11966

VAT ID No. DE313369608

Status: June 2019