Welcome to DK Closers GmbH (“DK Closers,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern access to and use of the website dkclosers.com, including its content, booking functions, applications, communications, resources, communities, and other website-based services (collectively, the “Site”).
By accessing or using the Site, you agree to these Terms to the extent applicable.
The Site is operated by:
DK Closers GmbH
Äußere Weberstraße 90
02763 Zittau
Germany
Email:
[email protected]
DK Closers provides business-growth and sales-related services to companies and entrepreneurs, including sales strategy, offer positioning, sales systems, sales-team development and management, marketing support, lead conversion, recruiting, training, and sales operations.
Unless expressly stated otherwise, information and materials made available through the Site are provided for general business and informational purposes.
DK Closers reserves the right to modify, update, restrict, or discontinue individual functions or content of the Site where there is a reasonable basis for doing so, taking into account the legitimate interests of users.
The Site is intended primarily for entrepreneurs, companies, and persons acting in connection with their commercial or independent professional activities.
If you use the Site on behalf of a company or other legal entity, you represent that you are authorized to act on behalf of that entity.
Where mandatory consumer-protection provisions apply to a user, those statutory rights remain unaffected by these Terms.
DK Closers may publish or discuss testimonials, case studies, revenue figures, sales figures, return on advertising spend (“ROAS”), performance information, client experiences, and other examples of business results.
Such information describes particular circumstances or historical examples and does not constitute a guarantee, warranty, or binding representation that identical or comparable results will be achieved in another business.
Actual results may depend on numerous factors, including the relevant offer, pricing, market conditions, product or service quality, fulfillment, reputation, advertising expenditure, lead quality, sales performance, implementation, customer behavior, competition, and general business conditions.
Unless expressly agreed otherwise in a separate written agreement, DK Closers does not guarantee any particular revenue, profit, sales volume, ROAS, number of customers, or other business result.
Any contractual performance guarantee expressly contained in a separate written agreement remains unaffected.
Content provided through the Site is intended for general informational and business purposes.
Unless expressly agreed as part of a separate professional engagement, information on the Site does not constitute legal, tax, accounting, investment, medical, regulatory, or other regulated professional advice.
Users remain responsible for obtaining appropriate professional advice where required for their individual circumstances.
When submitting an inquiry, application, booking request, or other information through the Site, you agree to provide information that is accurate and not intentionally misleading.
DK Closers may use the contact details you provide to respond to your inquiry, administer a requested appointment or application, provide requested information, and otherwise communicate with you in connection with the purpose for which you contacted us.
Advertising and direct-marketing communications will be sent only to the extent permitted by applicable law or on the basis of any consent required by applicable law.
Where consent is the legal basis for a marketing communication, such consent may be withdrawn at any time with effect for the future. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.
Further information regarding the processing of personal data is provided in our Privacy Policy.
The Site may only be used in accordance with applicable law and these Terms. In particular, users may not:
Any statutory rights to use, analyze, reproduce, or otherwise process material that cannot lawfully be restricted by agreement remain unaffected.
Unless otherwise indicated, content made available by DK Closers through the Site—including text, graphics, logos, branding, videos, photographs, designs, documents, training materials, software, frameworks, methodologies, workflows, and other materials—is owned by DK Closers or used under appropriate authorization and may be protected by copyright, trademark, and other intellectual-property laws.
Users are granted a simple, non-exclusive, non-transferable right to access and use Site content for its intended purpose and, where applicable, for their own internal business purposes.
No intellectual-property rights are transferred to the user unless expressly agreed otherwise.
Reproduction, publication, distribution, commercial exploitation, modification, or other use beyond the intended use of the Site requires prior authorization unless such use is permitted by mandatory law.
Where a user receives information from DK Closers that is identified as confidential or that, by its nature and the circumstances of disclosure, would reasonably be understood to be confidential, the user shall not disclose that information to unauthorized third parties or use it for purposes unrelated to the reason for which it was provided.
Confidential information may include non-public pricing information, sales methods, business strategies, training materials, client information, business plans, systems, scripts, processes, workflows, and other proprietary information.
These obligations do not apply to information that:
More specific confidentiality obligations contained in a separate agreement shall take precedence.
The Site may contain links to or integrations with third-party services, including scheduling systems, payment providers, communication platforms, community platforms, advertising platforms, social-media services, and analytics providers.
Such third-party services are operated independently and may be subject to their own contractual terms and privacy policies.
DK Closers is not responsible for third-party content or services except to the extent responsibility arises under mandatory applicable law.
Where users voluntarily provide DK Closers with testimonials, reviews, photographs, videos, feedback, or other content for publication or promotional use, the applicable rights of use shall be determined by the authorization given in connection with the submission.
Where a user expressly authorizes content to be used for marketing or publication, the user grants DK Closers the non-exclusive rights reasonably necessary to reproduce, publish, display, and distribute that content for the authorized purpose, including through DK Closers’ websites, social-media channels, presentations, and marketing materials.
The user represents that they are entitled to grant the relevant rights and that authorized use of the submitted content does not knowingly infringe the rights of third parties.
Any rights concerning personal data, a person’s image, withdrawal of consent, or other rights that cannot legally be waived or restricted remain unaffected.
DK Closers endeavors to maintain reasonable availability and functionality of the Site.
However, uninterrupted or error-free availability cannot be guaranteed. Temporary restrictions may occur in particular due to maintenance, security measures, technical faults, telecommunications disruptions, updates, or circumstances outside DK Closers’ reasonable control.
Nothing in this section limits statutory rights or contractual obligations that cannot lawfully be excluded.
DK Closers shall be liable without limitation in accordance with statutory law:
In cases of slight negligence, DK Closers shall be liable only for the breach of a material contractual obligation, meaning an obligation whose fulfillment is essential to the proper performance of the contractual relationship and on whose fulfillment the contracting party may regularly rely.
In such cases, liability shall be limited to the damage that was foreseeable and typical for the relevant contractual relationship at the time the obligation arose.
The foregoing limitations shall also apply for the benefit of DK Closers’ legal representatives, employees, agents, and other persons engaged in performing its obligations.
Mandatory statutory liability remains unaffected.
Users are responsible for their own use of the Site and for content or information they submit through the Site.
If a third party asserts a claim against DK Closers because of content or conduct attributable to a user that unlawfully infringes the third party’s rights, the user shall reimburse DK Closers for reasonable costs and losses resulting from that infringement to the extent the user is legally responsible for it.
This does not apply where the user is not responsible for the infringement.
DK Closers may temporarily restrict or permanently terminate access to the Site where there is reasonable cause, particularly where a user materially violates these Terms, uses the Site unlawfully, compromises the security or operation of the Site, or infringes the rights of DK Closers or third parties.
Where reasonable under the circumstances, DK Closers will take into account the nature and seriousness of the violation before restricting access.
Statutory rights of either party remain unaffected.
These Terms and the legal relationship arising from use of the Site shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), where applicable.
If the user is a merchant (Kaufmann), a legal entity under public law, a special fund under public law, or otherwise falls within a category for which a jurisdiction agreement is legally permissible, the registered office (Sitz) of DK Closers GmbH shall be the exclusive place of jurisdiction for disputes arising out of or in connection with these Terms.
Where an exclusive place of jurisdiction cannot validly be agreed in advance, the applicable statutory rules on jurisdiction shall apply.
Mandatory statutory provisions concerning applicable law and jurisdiction, including mandatory consumer-protection provisions where applicable, remain unaffected.
Before commencing legal proceedings, the parties are encouraged, where appropriate, to attempt to resolve disputes arising from use of the Site through direct communication.
A party wishing to raise a dispute may contact DK Closers at: [email protected].
Nothing in this section prevents either party from exercising statutory rights, seeking interim legal protection, complying with a limitation period, or commencing proceedings where necessary to protect its rights.
DK Closers may amend these Terms where there is an objectively justified reason, including changes in applicable law, regulatory requirements, technical functionality, security requirements, or the services and functions provided through the Site.
The version of the Terms applicable at the relevant time will be made available on the Site together with its effective date.
Amendments shall not retroactively alter contractual rights or obligations unless this has been separately and validly agreed or is permitted by applicable law.
Where applicable law requires advance notification, consent, or another procedure for an amendment to become effective, the applicable statutory requirements shall be observed.
If individual provisions of these Terms are or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected, to the extent permitted by law. The applicable statutory provisions shall apply in place of any invalid or unenforceable provision.
Failure by DK Closers to exercise a right does not constitute a waiver of that right.
Any assignment or transfer of contractual rights and obligations shall be subject to applicable law and any applicable contractual restrictions.
Individually negotiated agreements between DK Closers and a user shall take precedence over these Terms.
Mandatory statutory rights remain unaffected.
DK Closers GmbH
Äußere Weberstraße 90
02763 Zittau, Germany
Email:
[email protected]
Website:
dkclosers.com