Terms & Conditions

General terms and conditions

Preliminary remarks

Part One – Legal Relationship between Brilliant-Skills and the User (Coachee)

§ 1 Basic principles & scope of application
§ 2 Contractual basis
§ 3 Rights of Brilliant-Skills
§ 4 Rights and obligations of users
§ 5 Cancellation policy
§ 6 Liability

Part Two – Legal Relationship between Brilliant-Skills and the Organizer (Coach)

§ 7 Contractual relationship, registration, termination
§ 8 Liability of the organizer
§ 9 Liability Brilliant-Skills

Part Three – General Regulations for the Use of the Brilliant-Skills Pages

§ 10 Prices / Terms of payment
§ 11 Warranty
§ 12 Data protection
§ 13 Copyrights and rights of use
§ 14 Applicable law
§ 15 Final provisions
§ 16 Version

Please read these terms carefully before using the Brilliant-Skills GmbH website and services. By using our website or services, you agree to be bound by these terms.

The following General Terms and Conditions (GTC) regulate in their first part the legal relationship between Brilliant-Skills GmbH and its users, who make use of the services offered by the website.

The second part regulates the legal relationship between Brilliant-Skills GmbH and the organizers who provide information about their events on the Brilliant-Skills GmbH website.

The third part contains general information.

Preliminary remarks

Brilliant-Skills GmbH offers on the Internet under the domain “www.brilliant-skills.com” an overview of the events offered by seminar providers, in the field of medical training.
With the help of the search engine on the Brilliant-Skills portal, physicians in particular or other interested parties can quickly and easily locate the respective seminar offerings of the organizers, differentiated by the respective specialty, the time period and the location. The inquiry is passed on to the organizer. The Brilliant-Skills GmbH is only a mediator.

Part One – Legal Relationship between Brilliant-Skills and the User (Coachee)

§ 1 Basic principles & scope of application

1. By using the services offered on the website, the user declares his agreement with the General Terms and Conditions. Users who do not declare their agreement with the General Terms and Conditions are prohibited from using the services of the Brilliant-Skills GmbH website. A use already exists if the user calls up and uses the data of the internet portal without making an own entry. A use of data is therefore already present in the establishment of contact and in the filtering of data via the Internet portal. The use of the Internet portal is subject to the current General Terms and Conditions.
2. These Terms and Conditions shall also apply in the respective current version to all future transactions with the Customer. The current version of the Terms and Conditions is available to anyone on the Internet at https://www.brilliant-skills.com/terms-conditions/ at any time.
3. Brilliant-Skills GmbH does not recognize conflicting GTC or GTC deviating from these GTC, unless the validity of these GTC is expressly agreed to in writing. Brilliant-Skills GmbH reserves the right to change or amend the GTC at any time with legally binding effect. Changes or additions become effective for the customer with the publication on the pages.
4. The website www.brilliant-skills.de is operated by Brilliant-Skills GmbH, An der Schanz 2, D-50735 Cologne, Germany (hereinafter “BS”).
5. BS acts in the context of the presentation of services of third party providers exclusively as an agent of services. In the event of a booking, the service-related contracts are concluded exclusively between the customer and the respective third-party provider / service provider. Special regulations and restrictions (general terms and conditions of the third-party provider) may apply to the selected services. The entire contract processing and the processing of any service disruptions shall take place exclusively between the customer and the third party provider.

§ 2 Contractual basis

1. The subject of the contract between the user and BS regulated in these GTC is the mediation of further and continuing education courses. BS provides its users on this Internet portal an online platform through which third party training and education courses can be booked through mediation to the respective organizer there.
2. Through the booking, therefore, between the user and BS only an intermediary contract is concluded. The booking confirmation sent by BS to the user following the booking request is merely a summary and confirmation of receipt of the booking request. The booking confirmation must be checked immediately after sending for accuracy and completeness, otherwise there may be errors in the context of the mediation relationship and / or the mediated course, for which the user is then responsible. The contract brokered by BS between the user and the organizer is concluded when the organizer has confirmed the requested event legally binding.
3. Notification of course offerings from third-party providers/service providers is non-binding.
4. The registration constitutes a contract offer. The registrant must provide all information required for the execution of the contract.
5. The activity of the BS is limited exclusively to mediation services. The proper fulfillment and/or implementation of the mediated course as such is not part of the contractual obligations. In particular, BS does not constitute and shall not be deemed to constitute a recommendation or confirmation of the quality, qualification or learning content of available courses.
6. The contract is concluded by declaration of acceptance (confirmation of registration). From the registration confirmation results the start and course location of the event.
7. Upon conclusion of the contract, contractual rights and obligations are established between the third-party provider / service provider and the registrant. In particular, the participant expressly acknowledges these GTC.
8. Registrations will be processed in the order in which they are received.

§ 3 Rights of the BS

1. BS reserves the right to review the content displayed on the pages and delete it without a reason. BS respects the rights of the users, as far as the actions of the users do not lead to an infringement on their part.
2. If a user violates the General Terms and Conditions or if there is a reasonable suspicion of a violation, BS is entitled to exclude the respective user from the services of the Internet portal and to immediately delete the data transmitted by him. Before excluding the user from the Internet portal, BS shall request the user to refrain from the actions in breach of contract by setting a reasonable deadline. If the user does not comply with the request, he can be excluded without further notice. If the violation of the user is so serious that BS can no longer be expected to maintain the user relationship, the user relationship can also be terminated without setting a deadline. This is particularly the case in the event of a violation of statutory provisions.
3. BS takes steps to secure unauthorized duplication of the media, but cannot completely rule out the possibility of theft.

§ 4 Rights and obligations of users

1. The user undertakes to keep his access data secret from third parties and to protect it from unauthorized access. The user shall be liable for any unauthorized use for which he is responsible. The user must inform BS immediately if he suspects that his access data is being misused by third parties. The user also undertakes not to transmit any data and information whose content violates the rights of third parties (in particular personal rights, rights to a name, trademark and copyright rights and other ancillary copyrights) or violates existing laws of the Federal Republic of Germany (e.g. Copyright Act, Civil Code, Criminal Code, Trademark Act, Basic Law, Protection of Minors).
2. This applies in particular to links to other Internet pages, references to offers in printed works or digital media, which the user makes. The user grants BS the right to use the content displayed on the website without any restrictions in terms of space, time or content, provided that this is in line with the corporate purpose of BS. In particular, BS may reproduce and distribute the content in any form and make it available to the public. A reproduction of the offers of BS is only permitted with the prior consent of BS.
3. In case of violation BS will take both civil and criminal action against the respective user. The use of the data used on the Internet portal for the purpose of mass e-mailing (so-called spaming) is prohibited. BS reserves the right to claim damages, including non-material damages, from users who engage in spamming using data from the Internet portal. The user is obliged to provide truthful information during registration. If the user’s details change, in particular name, address, e-mail address, telephone number or bank details, the user is obliged to inform BS of the change immediately by changing the details. If the user fails to provide this information or provides false data from the outset, in particular a false email address, BS may, insofar as a contract has been concluded, withdraw from the contract.
4. The User shall indemnify BS against all claims asserted against BS by third parties due to the violation of these GTC or other statutory provisions by the User. The user shall reimburse BS for all costs, in particular costs of legal prosecution and defense. In addition, the user is obligated to provide BS with all necessary documents and information required to protect its interests.

§ 5 Cancellation policy

1. Right of revocation
   Consumers have the following statutory right of revocation: You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons (§ 312d para. 1 in conjunction with § 355 BGB). A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). The time limit begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfillment of our information obligations pursuant to § 312 d paragraph 2 BGB in conjunction with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Act to the Civil Code. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to Brilliant-Skills GmbH, An der Schanz 2, D-50735 Cologne, Germany.
2. Consequences of revocation:
   In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the services received and benefits (e.g. benefits of use) cannot be returned or surrendered in whole or in part or only in a deteriorated condition, you may be required to pay compensation for the loss in value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
3. Special note:
   The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer has exercised his right of withdrawal.

§ 6 Liability

1. BS does not warrant the timeliness, accuracy or completeness of the content published on the Website, its legality, decency or compliance with copyright laws in connection with the content published on the respective Website. BS expressly reserves the right to remove pages or links on the Website that violate existing laws and legal norms; are, in its opinion, racist, sexist, hard pornographic or glorifying violence; are, in its opinion, likely to offend the moral, religious or ideological feelings of its users. Any misuse, whether knowingly or unknowingly, of any data on the Website is strictly prohibited. Claims by third parties to the intellectual property of the BS must be rejected.
2. BS shall not be liable in any way for any errors or omissions that may appear on this website, and reserves the right to make changes without notice. In general, BS cannot be held liable for any damages that may arise from the use of the website, whether indirect, incidental, consequential or financial, such as loss of income, loss of profit, or loss of use, arising from or relating to the use of the website, nor damages arising from contracts, gross negligence, injustice, statutes, equity, in court or otherwise. Claims for damages arising from impossibility of performance, for non-performance, for positive breach of contract, for culpa in contrahendo and for tort against BS are excluded, unless the damage was caused intentionally or by gross negligence. The exclusion of liability shall not apply in the event of damage resulting from injury to body, life and health or in the event of liability under the Product Liability Act or in the event of the assumption of guarantees or a procurement risk.
3. For contracts that are concluded through the mediation or the Internet portal of BS, BS assumes no warranty and no liability. Only the agreements between the respective parties apply. BS assumes no contractual obligations in this regard and makes no guarantee promises. The user is liable according to the statutory provisions.

Part Two – Legal Relationship between BS and the Organizer (Coach)

§ 7 Contractual relationship, registration, termination

1. The entry in the database of the BS is possible for providers of medical education and training courses and seminars of all kinds. If the organizer has bindingly registered on the pages of the BS and has received a confirmation of registration, the organizer can log on to the pages of the BS using the access data provided to him and set up and continuously edit his entire offer of events. For this purpose a form is provided to the organizer by BS. This form is to be used by the organizer and to be filled out completely.
2. If a potential coach wants to be included in the BS network of offers, he/she must fill in the form provided on the BS website with his/her surname, first name, address, profession, specializations, awards, website, landline number, mobile phone number, preferred communication channels, times when he/she can be reached and e-mail address.
3. An e-mail will be sent to the e-mail address specified in the registration with the notification that a registration of a new BS coach has been made via this e-mail address. By the binding registration the interested coach recognizes this contract regulation. By clicking on a link transmitted in the mail, the coach gets to his personal account in the member area. There he sets a password for his account, with which he can log in directly in the future and make changes to his account and his course offers at any time.
4. Through the binding registration certainly commits the coach,
   • to provide all information about himself/herself and his/her professional experience and about the course offerings to the best of his/her knowledge and belief and to be liable for any damage caused to BS or a coachee by false information,
   • to conduct its courses in the manner it presents and to make transparent and communicate its knowledge and skills,
   • to respond to inquiries about its course offerings that reach it via BS within 7 days of receiving notification from BS. In particular, this concerns a binding feedback at which times within the three time periods specified by a coachee he can set up a course. In the course of a request, BS transmits to the coach anonymized data on the profession and experience level of the interested party according to the information provided by the latter,
   • to keep the possible time slots for a course designated by him free for 10 days after sending his re-registration and not to schedule them otherwise in such a way that a course implementation is no longer possible
   • to indicate three possible time periods for him to conduct a requested course, should he not be able to conduct the course at any of the three time periods named by the interested party,
   • to have all course offers formulated by him checked by BS. He will be informed by mail about the result of the check and, if applicable, the inclusion of the course in the course catalog,
   • to receive advice on course content and compensation ideas from BS in a video meeting,
   • not to hold courses with coachees referred by BS without the knowledge and involvement of BS or to establish other direct business relationships with coachees in the context of training requests bypassing BS,
   • to respond personally to requests from BS for an individual course offer as soon as possible (usually within five working days) after receiving the corresponding mail from BS by mail to BS, call to BS or WhatsApp to BS,
   • to determine the content, form and duration of the course when creating an individual course offering. It is left to his assessment and experience to design the course as he deems necessary and reasonable to achieve the respective course objective. For this purpose, he also determines his compensation expectation, which he communicates to BS for the determination of the course price by BS. He also defines three time periods in which he could conduct the course,
   • according to the recommendations of BS to contact the coachee in advance of the course, if necessary.
5. The activation or publication of the courses and provider information takes place immediately after completion of the registration/entry in the database and verification by BS. The BS database is generally available to the organizer 24 hours a day for online access via the Internet. Short maintenance work may prevent access for a short time.
6. In order to ensure the uniformity of the advertised events with regard to education and training, a check of the organizer and the event content is carried out by BS Against this background, BS reserves the right to exclude or reject individual organizers from registration in justified exceptional cases.

§ 8 Liability of the organizer

1. The organizer assumes responsibility for the content of the individual event offers and event descriptions entered by him. He guarantees that his information does not violate any rights of third parties and that his content does not violate applicable law, legal and official prohibitions or morality. The organizer guarantees that the data entered by him has been created by him and that he is authorized to make this data and information available for the purpose of publication on the pages of the BS. The organizer is liable for the truthfulness of all published information and indemnifies BS from all claims of third parties due to non-compliance with the above regulations.
2. BS has the right to delete event offers or other content that violates the above regulations as well as those that have religious, sexist, extremist or inhuman content from the BS database. In case of multiple violations of these regulations, the BS has the right to exclude the organizer and to dissolve the cooperation for cause. Furthermore, the BS has the right, in agreement with the respective organizer, to editorially revise contributions of the organizer.
3. The organizer agrees that booking requests received via BS will be forwarded to him primarily by mail, but also by mail or telephone. The organizer will check these booking requests as soon as possible and issue a confirmation or cancellation in an appropriate form.
4. The organizer has no binding legal claim to the inclusion of his course offer in the Internet portal.

§ 9 Liability BS

1. BS assumes no liability for disruptions within the Internet or the transmission paths here.
2. There is no claim to uninterrupted and trouble-free operational readiness of the Internet portal and/or their access. Possible claims for damages are limited to the amount paid by the specific seminar provider for the online provision and maintenance of the seminar offer.
3. BS assumes liability for indirect damages or lost profits only if these are due to intent or gross negligence on the part of the legal representatives or vicarious agents of BS. The proof of damage and causation is the responsibility of the organizer.

Part Three – General Regulations for the Use of the BS Pages

§ 10 Prices / Terms of payment

1. BS mediates services of third party providers against payment via its own online platform. The prices result from the respective description page and / or the respective order form. All prices include the applicable statutory value added tax.
2. The prices consist of the remuneration request of the coach plus a commission of BS. The exact amount of the commission will be communicated to the service provider by BS.
3. Other costs, such as travel & accommodation costs, are not part of the quoted price.
4. When ordering, the customer must ensure that the details of all data correspond to the desired data on the invoice. Subsequent changes on invoices can not be made.
5. Corporate customers who do not have their company headquarters in Germany, but within an EU country, will receive a VAT-exempt invoice when registering as a corporate customer and providing the company data and a valid VAT ID. The customer is responsible for the correct indication and input of the UST-ID. In case of entering a wrong UST-ID, the customer is liable for all resulting damages, e.g. tax-related.
6. The customer shall not be entitled to withhold payments unless it has a statutory right of retention arising from the same contractual relationship.
7. Immediately after the videoconference, the interested party will receive an email with all the data about the course as well as a request for payment.
8. The coachee has five business days after receipt of this mail to transfer a deposit of the course fee in the amount of 20% of the final price to the escrow account named by BS. The remaining 80% of the final price is due 30 days before the start of the course.
9. Only after the receipt of the down payment of the course fee BS informs the coach about the realization of a course and the concrete personal data of the coachee.
10. At the same time, BS confirms the course to the coach on the terms discussed.
11. If the coachee does not transfer the money within the set period, the feasibility commitment by BS expires. BS then no longer guarantees that the coach can carry out the course at the agreed time.
12. In the event of non-payment of the balance, BS will retain the 20% deposit and cancel the course.

§ 11 Warranty

1. BS does not guarantee the conclusion of a contract for training.
2. BS does not assume any warranty for technical defects, in particular for the constant and uninterrupted availability of the website. BS is not liable for the error-free reproduction of the content entered by the user.
3. In case of unavailability of the offer, the user can contact our customer service via .
4. Activities of customers and interested parties aimed at making the use of our services more difficult are prohibited.
5. Users may not systematically extract and/or re-utilize parts of our Service without our express written consent. In particular, users shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of our service for re-utilisation without Brilliant-Skills express written consent.
6. The linking, integration or other connection of our service without the express written consent of Brilliant-Skills GmbH is not permitted.
7. The presentation and functional scope of the service may differ depending on the type of access – for example, via the Internet or via a cell phone application. The right to use the service and its functions exists only within the scope of the current state of the art.

§ 12 Data protection

1. The protection of personal data and the privacy of those affected is taken very seriously by us. In order to ensure the greatest possible protection, it goes without saying that we comply with the applicable data protection regulations.
2. The responsible party and service provider is Brilliant-Skills GmbH, An der Schanz 2, D-50735 Cologne, Germany. You can contact the BS data protection officer at any time with any questions relating to data protection, for example by e-mail at . For further details on the use of your data and the rights to which you are entitled, please refer to our data protection notices.
3. BS collects, processes and uses for the purpose of the course/event processing the personal data of the participant provided in particular with the registration.
4. With regard to this collected and stored personal data, the provisions of data protection law apply.
5. The participant has the right to request information from the organizer about the data stored about him/her.

§ 13 Copyrights and rights of use

1. The object of use is the use of the Internet portal. The even rudimentary reproduction of data – regardless of the data carrier – and its transfer or provision to third parties for commercial purposes and in particular for the commercial exploitation of addresses or for the preparation and production of electronic or printed directories is expressly prohibited without the consent of the BS or the respective organizers.
2. In particular, the user or organizer is prohibited from: copying, modifying, translating, reverse engineering, decompiling or disassembling the software or any part thereof. To create derivative works from the software and the data or to reproduce, modify, translate or create derivative works from written material. Remove or bypass any program encryption or otherwise render it inoperable. To change or remove existing copyright notices or other markings of the software. The user only has a non-exclusive right of use that is limited to his own use and is not limited in time.
3. All publication, reproduction, editing and exploitation rights to the addresses and the software are the exclusive property of BS or the respective organizer. The user may be held liable for all damages incurred by BS due to the infringement of copyrights or other proprietary rights.

§ 14 Applicable law

1. The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CSIG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in an EU state or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.
2. In business transactions with merchants and with legal entities under public law, our registered office is agreed as the place of jurisdiction for all legal disputes concerning these GTC and any individual contracts. In this case, we shall also be entitled, including actions on bills of exchange and checks, to file suit at any other statutory place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.

§ 15 Final provisions

1. The contractual relationship between BS and the user is limited to the mediation relationship. Further contracts that go beyond the services offered by BS via the Internet portal are not concluded between the parties.
2. All declarations from the side of BS or the user and the organizer can also be sent by fax or e-mail, unless other agreements have been made. The user or organizer is obliged to contact BS first in case of any discrepancies in order to reach a clarification.

§ 16 Version

These GTC shall take effect as of July 2021 and shall be valid for an indefinite period of time until the GTC are revised.