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Allgemeine Geschäftsbedingungen

Last updated: 2024-09-17.

Definitions

For the purposes of this document, the following terms shall have the meanings set forth below. In particular, any grammatical form (e.g., singular, plural, possessive) of each of the following terms shall have a form-specific meaning corresponding to the defined term. All terms defined below are case-sensitive. The assigned meaning applies if the case of the characters in the term (uppercase or lowercase) exactly matches that of the defined term. For example, the meaning assigned to term that has first character in upper case not necessarily applies (may or may not apply depending on context) to same term with all characters in lower case, unless explicitly defined otherwise. A specific term may be defined either in this section or elsewhere in the document (an "inline definition"). Any terms not defined herein shall have the meaning assigned by applicable law, or if not legally defined, their meaning shall be inferred from the context within this document.

The term "Bedingungen" or "Allgemeine Geschäftsbedingungen"refers to this , the contract-offer, including all updates, modifications, and amendments.

The term "We" or "we" refers to Of Course Ltd, the legal entity that offers the Bedingungen and is party to the Bedingungen. We are incorporated in United Kingdom in accordance with its laws. We have a registered office at Suite A, 82 James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE, United Kingdom and can be contacted using Kontakte.

The term "You" or "you" refer to you, the natural or legal person who has accepted the Bedingungen and/or is party to the Bedingungen.

The term "Bahnsteig" refers to the website (hyperlink) operated by us, and any software used to deliver our products, services, and content.

Any of the terms "Dienst" or "Dienste" or "Produkt" or "Produkte" refers to respectively any or all of both product(s) and service(s) provided by us, particularly through the Bahnsteig, including but not limited to online products, online services, and support.

The term "Dienstleistungen von Drittanbietern" refers to any services, content, or products provided by third parties that may be made accessible to you through the Bahnsteig.

The term "Inhalt" refers to all materials, information, text, graphics, videos, software, and other content, including but not limited to the Kursmaterialien, made available through the Bahnsteig.

The term "Nutzergenerierte Inhalte " refers to any content that you both own and post, submit, or otherwise share through the Bahnsteig, including but not limited to Kurs reviews, comments, or other contributions.

The term "Kurs" refers to the educational Inhalt and Dienst, including lessons, materials, and assessments, provided by us in formats such as video, audio, text, quizzes, and assignments.

The term "Bündel von Kursen" refers to any particular set of Kurse either purchased by you or offered by us.

The term "Kursmaterialien" refers to all content, materials, and intellectual property made available through our Kurse, including but not limited to audio, video, written materials, presentations, assignments, tests, assessments and any other educational content

The term "Benutzer" refers to any natural or legal person accessing or using the Bahnsteig and Dienste, including a visitor, registered user, client or buyer of the Dienste.

The term "Konto " refers to a personal Benutzer account created and/or used by a natural or legal person on the Bahnsteig to access, purchase, and use the Dienste.

The term "Lehrer" refers to any person who creates, provides, or delivers Kurse on the Bahnsteig, whether employed by us or acting as a third-party provider.

The term "Fee" refers to the monetary cost required to buy the Dienste offered on the Bahnsteig.

The term "Datenschutzrichtlinie" or "Richtlinie zum Schutz personenbezogener Daten" refers to our policy governing the collection, use, and protection of personal data as stated in the document of the same name.

The term "Geistiges Eigentum" or "Rechte an geistigem Eigentum" refers to all intellectual property, including but not limited to copyrights, trademarks, patents, trade secrets, and all other proprietary rights associated with the Inhalt and materials made available through the Bahnsteig and Dienste.

The term "Kontakte" refers to contacts section of the Bahnsteig (hyperlink) that is to be used to contact us for any subject matter.

Einräumung von Vertragsrechten

These Bedingungen constitute the contract-offer, a legally binding agreement between you and us, governing your access to and use of both the Bahnsteig and the Dienste.

We hereby both (1) enter into the Bedingungen contract with you under the terms and conditions stated herein and (2), subject to the Bedingungen, revocably grant you (herein referred to as "Einräumung von Vertragsrechten", "Erteilung des Auftrags", "Vertragsvergabe") both (a) the right to access and use Dienste and (b) the non-exclusive, revocable, limited, conditional, personal, and non-transferable license to use the Bahnsteig if, and only if, each and all of these conditions (each herein referred to as "Bedingung für die Auftragsvergabe", "Bedingung für die Vertragsgewährung") are true:

  1. you accept and agree to be bound by the Bedingungen;
  2. you agree that using the Bahnsteig constitutes your request for us to implement pre-contractual measures aimed at entering into additional contracts;
  3. you acknowledge that you have read and understood our Datenschutzerklärung and Datenschutzrichtlinie;
  4. you are at least 16 years of age.

If any of the Bedingungen für die Vertragszuteilung is not true, then: (1) the Bedingungen contract is either not entered into or terminated automatically and immediately; and (2) Contract rights are either not granted or revoked automatically and immediately; and (3) we do not permit you to access or use the Bahnsteig and Dienste; and (4) you must cease accessing and using the Bahnsteig and Dienste immediately.

Apart from this clause, there will be no additional notice of both the Bedingungen contract termination and the revocation of the Vertragsvergabe if it can be reasonably assumed that you already know, or should have known, that a Bedingung für die Vertragsgewährung is not true.

The Bedingungen apply to all users of the Bahnsteig and Dienste, including but not limited to visitors, registered users, and purchasers.

Any provisions of these Bedingungen may be modified or appended by separate written agreements between you and us. Additional, more specific terms and conditions published on the Bahnsteig for specific Dienste may apply to those Dienste, and in the event of any conflict between the Bedingungen and those more specific terms and conditions, the more specific terms and conditions will govern.

Certain provisions these Bedingungen may be further detailed with corresponding instructions on the Bahnsteig for specific Dienste.

We reserve the right to modify the Bedingungen at any time. Any changes will be effective immediately upon posting on the Bahnsteig. Your continued use of the Bahnsteig and Dienste following the posting of revised Bedingungen constitutes your acceptance of those changes. We encourage you to review the Bedingungen periodically to ensure you understand the terms that apply to your use of the Bahnsteig and Dienste.

Eligibility

By accessing or using the Bahnsteig and/or Dienste, you represent and warrant that you meet the following eligibility criteria:

Age as the Bedingung für die Vertragsgewährung: You must be at least 16 years of age to create an Konto , purchase Kurse, or otherwise use the Bahnsteig and Dienste. Users under the age of 16 are not permitted to directly access the Bahnsteig and Dienste. If you are under 16 years old, your parent or legal guardian must create and manage an Konto on your behalf, and they must be the one to use the Bahnsteig and/or purchase any Kurse or Dienste. The parent or legal guardian will be responsible for use of the Bahnsteig and/or Dienste, and must agree to be bound by the Bedingungen.

Underage access and use of Bahnsteig and Dienste: If you are not at least 16 years of age, no contract shall be deemed formed between you and us. Any attempt to access or use the Platform or Services is strictly unauthorized and illegal. Any such actions will be treated as void and the sole responsibility of parents or legal guardians.

Parental access and Responsibility: For users under 16 years of age, a parent or legal guardian must be the primary holder of the Konto . All purchases, Kurs enrollments, and interactions with the Bahnsteig and Dienste for the underage user must be managed through the parent or guardian's Konto . By creating an Konto and purchasing Kurse for an underage user, the parent or guardian acknowledges their responsibility for supervising the minor's use of the Bahnsteig and Dienste and compliance with the Bedingungen.

Legal capacity: You must have the legal capacity to enter into a binding contract. By using the Bahnsteig or purchasing/using any Dienste, you represent and warrant that you have the full legal authority to agree to and comply with the Bedingungen. If you are entering into this agreement on behalf of a legal entity, you further represent that you have the authority to bind that entity to the Bedingungen.

Accurate information: You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy throughout your use of the Bahnsteig and Dienste. Failure to provide accurate information may result in the suspension or termination of your Konto .

Compliance with laws: You agree to use the Bahnsteig and Dienste only in compliance with all applicable laws, regulations, and the Bedingungen. You shall not use the Bahnsteig and/or Dienste for any illegal or unauthorized purposes, and you agree to refrain from any activities that may disrupt or interfere with the proper functioning of the Bahnsteig or delivery of the Dienste.

Konto Security: You are responsible for maintaining the confidentiality of your Konto credentials and are fully responsible for all activities that occur under your Konto . You agree to notify us immediately of any unauthorized use of your Konto or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your Konto credentials.

Geographic restrictions: The Bahnsteig and Dienste are accessible from various locations worldwide. However, you are solely responsible for ensuring that your use of the Bahnsteig and Dienste is legal in your jurisdiction. We reserve the right to restrict access to the Bahnsteig and/or Dienste in certain jurisdictions if required by local laws or regulations.

Konten

Creation and authentication: To access and use the Bahnsteig, including enrolling in Kurse and utilizing other Dienste, you must create a user account through a third-party authentication service, such as Telegram or other supported platforms (hereinafter referred to as "Konto des Messaging-Diensts "). By using a Konto des Messaging-Diensts to sign up or sign in, you authorize us to use certain information of your Konto des Messaging-Diensts for managing your access to Bahnsteig and Dienste.

Single identity: Your Konto des Messaging-Diensts will serve as your sole Konto for the Bahnsteig and Dienste. You may not create multiple Konten or attempt to misrepresent your identity by using different Konten für Messaging-Dienste . We reserve the right to suspend or terminate any Konten found to be in violation of this policy.

Management and security: You are solely responsible for maintaining the security and confidentiality of your Konto des Messaging-Diensts credentials, including any authentication tokens, passwords, or security settings associated with that Konto . Any activity conducted through your Konto des Messaging-Diensts will be considered as having been performed by you. If you suspect unauthorized access or any breach of security regarding your Konto , you must immediately notify us.

Personal data protection: By using your Konto des Messaging-Diensts to access the Bahnsteig and Dienste, you consent to our use of your Konto information in accordance with our Datenschutzrichtlinie. We will only access and use the minimum amount of information required for Konto creation, authentication, and provision of the Dienste. Your Konto information will not be shared with third parties without your explicit consent, except as required by law.

Correct information: You agree to provide correct and up-to-date information during the registration process. Should any changes to your Konto des Messaging-Diensts information occur (e.g., changes in your email address), you must update your details within your Konto des Messaging-Diensts to ensure continued access to the Bahnsteig and Dienste. We will not be liable for any issues arising from outdated or incorrect information of your Konto .

Termination: You may terminate your Konto at any time by deactivating your Konto des Messaging-Diensts or discontinuing its use for accessing the Bahnsteig and Dienste. However, any outstanding obligations (such as payment for purchased Kurse) will remain enforceable, and termination of your Konto will not relieve you of any prior contractual obligations. We reserve the right to suspend or terminate your Konto at our sole discretion, including but not limited to cases of fraud, misuse, or violation of the Bedingungen.

Third-party service: Your use of a Konto des Messaging-Diensts for authentication is subject to the terms and conditions of the respective third-party service provider. We are not responsible for any actions or policies of the third-party service provider, and you acknowledge that your legal relationship with that provider is independent of your legal relationship with us.

Inactivity: We reserve the right to suspend or terminate Konten that have been inactive for an extended period. You will be notified of such action, and continued access may require re-authentication via your Konto des Messaging-Diensts .

Purchases and payments

Pricing: The prices for individual Kurse and Pakete von Kursen are displayed on the Bahnsteig or provided via a case-specific quote, depending on the type of enrollment and the specific requirements of the Benutzer. All prices are listed in the applicable currency and include any applicable taxes unless otherwise specified. We reserve the right to change pricing at any time; however, any changes will not affect purchases that have already been completed.

Payment methods: All payments for Kurse and Pakete von Kursen must be made through a third-party payments service provider. We do not collect or store any payment details, including credit card information. Accepted methods of payment are those supported by the payments service provider, and may include credit or debit cards, bank transfers, or other payment methods, depending on the provider's policies and regional availability.

Purchase and start of the Kurs: Once a purchase has been completed, you will receive a confirmation email or notification outlining the details of your enrollment. The Kurs is considered "started" once you have accessed the Kursmaterialien or participated in any scheduled session or assignment related to that Kurs. The purchase is considered final once Kurs has been started, and start of the Kurs is treated as a binding allocation of resources on our side. This includes but is not limited to reserving Lehrer time, Kursmaterialien, and access to the necessary infrastructure.

Refunds: Due to the non-reversible commitment of resources, no refunds are available for any Kurs that has started, including any Kurs in the Bündel von Kursen. In particular, no refund is available for any Kurs once the Benutzer has accessed any portion of the Kursmaterialien or attended any sessions of that Kurs. Complete refund is available for any Kurs that has not started.

In particular, stated refund policy applies to Kurse in a Bündel von Kursen: Complete refund is available for any Kurse in a Bündel von Kursen that have not been started. No refund is available for any Kurse in a Bündel von Kursen that have been started.

Cancellation: Full refunds are available if a Kurs or Bündel von Kursen is canceled by you prior to the start of any Kurs. Cancellations must be made by following the instructions provided on the Bahnsteig or contacting our support team. Once some Kurse in the Bündel von Kursen have been started, the prorated refund policy for Bündel von Kursen, as described above, will apply.

Scheduled start and enrollment: Certain Kurse may require specific scheduling for your enrollment to accommodate class sizes, Lehrer availability, or other capacity planning considerations. These requirements, including possible deadlines for scheduling or specific conditions tied to Kurs delivery, will be detailed on the Bahnsteig. By enrolling in such Kurse, you agree to comply with any scheduling or capacity-related conditions specified at the time of enrollment.

Access to Kursmaterialien: Upon successful purchase and confirmation of enrollment, you will be granted access to the relevant Kursmaterialien as described on the Bahnsteig. Access to Kursmaterialien is generally provided for the duration of the Kurs or as otherwise specified. We reserve the right to modify or update the content of any Kurs as necessary to improve quality or respond to educational developments.

Changes and cancellations by us: We reserve the right to modify or cancel any Kurse and Pakete von Kursen, including rescheduling start dates or making adjustments to Kurs content, for reasons such as insufficient enrollment, Lehrer availability, or other unforeseen circumstances. In the event of a cancellation or significant modification of a Kurs or Bündel von Kursen by us, you will be entitled to a prorated refund for the canceled Kurse, including any prorated refund for affected Pakete von Kursen as applicable.

Currency and taxes: Payments for Kurse and Pakete von Kursen are typically processed in the currency specified at the time of purchase. You are responsible for any applicable taxes, fees, or currency conversion charges imposed by the payments service provider or your financial institution.

Dispute resolution: Any disputes related to payments or refunds will be handled in accordance with the applicable terms set by the third-party payments service provider. We will cooperate with the provider to resolve payment issues but are not responsible for any delays or errors caused by the payment provider.

Invoices: Invoices or receipts for your purchases will be issued electronically and sent to your registered email address. If required, you may request a hard copy of the invoice by contacting our support team.

Promotional offers: From time to time, we may offer promotional discounts or other offers on Kurse or Pakete von Kursen. These offers are subject to additional terms and conditions and may be revoked or modified at any time at our sole discretion.

Access to the Dienste

Scheduled access: Access to a Kurs may not be provided immediately upon payment due to the time required to allocate and commit the necessary resources, such as instructional capacity, Kursmaterialien, and infrastructure. Benutzer are required to agree on the scheduled start date of the Kurs through pre-sale support, as each Kurs may have different requirements for enrollment and capacity planning.

Pre-agreed start: Before accessing a Kurs, Benutzer must pre-agree on the Kurs start date through coordination with our support team. This step is required to ensure that instructional resources, including faculty availability and other operational factors, are appropriately allocated. You will receive confirmation of the agreed start date via email or notification on the Bahnsteig. Until such an agreement is reached, the Kurs will not begin, and access will not be granted.

Specific conditions: Specific conditions for accessing each Kurs, including the possibility of delays or rescheduling, will be detailed on the individual Kurs page on the Bahnsteig. These conditions may include, but are not limited to, minimum enrollment requirements, scheduling preferences, and any prerequisites necessary to access Kursmaterialien.

Changes to start date: We reserve the right to change the scheduled start date of a Kurs if necessary due to operational constraints or other unforeseen circumstances. If such changes occur, we will notify you promptly and work with you to establish a new start date. You will have the option to cancel the Kurs for a full refund if no suitable alternative date can be agreed upon.

Delivery: Once access is granted, you will have access to the Kursmaterialien and sessions in accordance with the schedule published on the Bahnsteig. Any deviations from the initially agreed delivery timeline due to operational or technical reasons will be communicated promptly.

Technical requirements: Access to the Kurse requires you to have the necessary technical equipment and internet access. It is your responsibility to ensure that you meet the minimum technical requirements as detailed on the Bahnsteig for each Kurs. Failure to meet these requirements does not entitle you to a refund or any adjustments to the schedule.

Access duration: Access to Kursmaterialien is typically granted for the duration of the Kurs as outlined on the Bahnsteig. After the completion of the Kurs, access may be restricted or terminated unless otherwise specified.

Support: During the duration of the Kurs, you may contact our support team for assistance with accessing Kursmaterialien, scheduling issues, or any other inquiries related to Kurs.

Geistiges Eigentum

Ownership of Kursmaterialien: Kursmaterialien are the exclusive property of us or our licensors, and protected by intellectual property laws, including copyright, trademark, and trade secret laws.

Limited license for personal use: Upon enrollment in a Kurs, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Kursmaterialien solely for your personal educational purposes. This license does not grant you any ownership rights in the Kursmaterialien or any rights to reproduce, distribute, modify, display, or perform the Kursmaterialien, except as explicitly allowed by the Bedingungen.

Prohibition of commercial use: You are strictly prohibited from using, sharing, reproducing, distributing, or repurposing the Kursmaterialien for any commercial purposes, including but not limited to creating competing educational products or services, offering similar courses, or using the Kursmaterialien to conduct training programs for third parties.

Competing providers: No competing provider of online courses, training, or other educational services may use or reuse any of our Kursmaterialien in the development, creation, or offering of their own courses, either directly or indirectly. This prohibition extends to any similar service, platform, or organization that offers comparable educational programs or services.

Restrictions on copying and sharing: You may not download, copy, or share any part of the Kursmaterialien unless expressly permitted by us. Unauthorized distribution of any Kursmaterialien, whether online or offline, is strictly prohibited and may result in the termination of your access to the Kurse, without refund, and may subject you to legal action.

Feedback and suggestions: Any feedback, suggestions, or ideas you provide to us regarding the Bahnsteig, Dienste, Kurse, Kursmaterialien, Inhalt will be treated as non-confidential and non-proprietary. We reserve the right to use such feedback without any obligation to compensate you or acknowledge your contribution.

Infringement of Rechte an geistigem Eigentum: We reserve the right to take legal action against any unauthorized use, reproduction, or distribution of our Geistiges Eigentum. Any attempt to exploit our Geistiges Eigentum in violation of the Bedingungen will be met with the full extent of our legal rights and remedies.

Third-party materials: Some of the Kursmaterialien may contain content or resources licensed from third parties. Such third-party content is subject to additional terms and conditions, and you agree to comply with any such terms and conditions provided in conjunction with these materials.

Conduct of Benutzer

Respectful behavior: You agree to conduct yourself in a respectful and lawful manner while accessing and using the Bahnsteig and/or Dienste, including during participation in any of the Kurse, forums, or communication with other Benutzer, Kursleiter, or support staff. Harassment, abusive behavior, discrimination, or any form of offensive conduct will not be tolerated and may result in the suspension or termination of your Konto .

Prohibited activities: You are prohibited from engaging in any of the following activities while using the Bahnsteig and/or Dienste:

  • Illegal activities: Engaging in any activity that violates local, national, or international law, including intellectual property laws, is strictly prohibited.
  • Unauthorized access: Attempting to access Konten , systems, or networks connected to the Bahnsteig without authorization, including hacking, phishing, or any other malicious activities, is strictly forbidden.
  • Disruption of the Bahnsteig and/or Dienste: Interfering with the operation of the Bahnsteig, including but not limited to spamming, transmitting malware, or disrupting the technical infrastructure of the Bahnsteig, is prohibited.
  • False information: Providing false or misleading information during Konto registration, participation in Kurse, or in any communication with us or other Benutzer is prohibited.
  • Impersonation: You may not impersonate any person or entity, or falsely represent your affiliation with any person or entity, including Kursleiter, staff, or other Benutzer.

Protection of Geistiges Eigentum: You agree not to reproduce, distribute, modify, or publicly display any Kursmaterialien unless you have obtained explicit permission from us. Any unauthorized use of the Geistiges Eigentum provided through Kurse is strictly prohibited, as detailed in the Geistiges Eigentum section of the Bedingungen.

Respect for privacy: You must respect the privacy and confidentiality of other Benutzer. You may not share or disclose any personal information of other Benutzer, Kursleiter, or staff without their express consent. Additionally, you must comply with all applicable data protection laws when using the Bahnsteig and/or Dienste.

Compliance with Kurs Rules: You agree to follow the specific rules and guidelines for each Kurs, as set out by the Kursleiter or the Kursmaterialien. Failure to comply with these rules may result in your removal from the Kurs or the suspension of your Konto .

Prohibition of unauthorized commercial use: The Bahnsteig is for personal educational use only. You may not use the Bahnsteig, Dienste, Kurse, Kursmaterialien, or Inhalt for commercial purposes, including advertising, soliciting, or reselling the Dienste, Kurse, Kursmaterialien, or Inhalt without prior written consent from us.

Reporting violations: If you become aware of any violations of the Bedingungen, including inappropriate conduct or misuse of the Bahnsteig, you are encouraged to report such violations to our support team. We reserve the right to investigate and take any necessary action, including suspending or terminating Konten , in response to violations.

Consequences of violations: Any violation of these conduct guidelines may result in the suspension or termination of your Konto , with or without notice, and may include further legal action if necessary. We reserve the right to remove you from Kurse or restrict your access to the Bahnsteig at our sole discretion in response to any breaches of these Bedingungen.

Nutzergenerierte Inhalte

Ownership of Nutzergenerierte Inhalte

You retain ownership of any content you post, submit, or otherwise share through the Bahnsteig, including but not limited to Kurs reviews, comments, or other contributions. By submitting your Nutzergenerierte Inhalte , you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display this Nutzergenerierte Inhalte in any media.

License to use

By posting or submitting your Nutzergenerierte Inhalte on the Bahnsteig, you grant us the right to share, display, and promote this Nutzergenerierte Inhalte as part of the Bahnsteig and Dienste. This includes using your Nutzergenerierte Inhalte for promoting Kurse, Kurs reviews, or other activities related to the Bahnsteig and Dienste.

Responsibility for Nutzergenerierte Inhalte

You are solely responsible for the accuracy, legality, and appropriateness of any Nutzergenerierte Inhalte you submit. You agree that your Nutzergenerierte Inhalte will not:

  • Infringe on any intellectual property rights, privacy rights, or other proprietary rights of any third party.
  • Contain defamatory, offensive, or unlawful material.
  • Include unauthorized commercial promotions, advertising, or spam.

Moderation and removal

We reserve the right to review, moderate, or remove any Nutzergenerierte Inhalte that violates the Bedingungen, applicable laws, or our community standards, without notice. We also reserve the right to block or suspend Benutzer who repeatedly violate these policies.

No endorsement

We do not endorse, approve, or guarantee the accuracy of any Nutzergenerierte Inhalte . All Nutzergenerierte Inhalte posted by Benutzer reflects their personal opinions and should not be taken as advice or professional guidance. You acknowledge that using or relying on any Nutzergenerierte Inhalte is at your own risk.

Feedback and suggestions

If you provide feedback or suggestions regarding the Bahnsteig, Dienste, Kurse, Kursmaterialien, or Inhalt we may use that information without obligation to you and are under no obligation to keep such feedback confidential.

Third-party rights

You agree that your Nutzergenerierte Inhalte will not violate any rights of third parties, including intellectual property, privacy, and data protection laws. If you post Nutzergenerierte Inhalte on behalf of others, you represent and warrant that you have the necessary permissions to do so.

Richtlinie zum Schutz personenbezogener Daten

Collection of personal data: We collect and process personal data of visitors, users, and customers of the Bahnsteig in accordance with applicable data protection laws. This includes personal data that may be collected during Konto registration, Kurs enrollment, purchases, and interaction with the Bahnsteig and Dienste.

Compliance with the Gesetz zum Schutz personenbezogener Daten: As part of our commitment to safeguarding your personal data, we ensure compliance with all relevant personal data protection laws, including but not limited to the General Data Protection Regulation (GDPR), and other applicable national and international regulations.

Reference to the Datenschutzrichtlinie: The details of how we collect, use, protect, and process your personal data, including your rights related to your personal data, are outlined in our separate Datenschutzrichtlinie document. We strongly encourage you to review our Datenschutzrichtlinie, which can be accessed here.

Your acceptance: By using the Bahnsteig, you acknowledge that you have read and understood our Datenschutzrichtlinie and agree to the collection and processing of your personal data as described therein.

Legal persons acting through representatives

Applicability

The Bedingungen apply to both natural and legal persons accessing the Bahnsteig and/or Dienste. Except for this section, references to "you" or "Benutzer" in the Bedingungen refer to either a natural person or a legal person (such as a company). In the current section "Legal persons acting through representatives", "you" refers only to a natural person.

Representation of legal person

You can use the Bahnsteig and Dienste on behalf of either yourself or a legal person, but not both.

You may use the Bahnsteig and Dienste on behalf of a legal person if, and only if, all of the following conditions are met: (1) you have been authorized by the legal person to use the Bahnsteig and Dienste on behalf of that legal person as their representative; (2) you have notified us (using corresponding input elements of the Bahnsteig) that you are using the Bahnsteig and Dienste on behalf of that legal person; and (3) either that legal person is already bound by the Bedingungen, or your use of the Bahnsteig and Dienste binds that legal person to the Bedingungen. If at least one of these conditions is not met, then you use the Bahnsteig and Dienste in your individual capacity and agree to assume all obligations and liabilities under the Bedingungen personally.

Binding of legal persons

If you are using the Bahnsteig and/or Dienste on behalf of a legal person (such as a company, organization, or other corporate entity) and that legal person has not been bound by the Bedingungen, by accessing or using Bahnsteig and/or Dienste, you:

  • represent and warrant that you act as authorized representative and have the authority to bind that legal person to the Bedingungen;
  • accept the Bedingungen on behalf of the legal person you represent.

Lack of authority

If you do not have the authority to bind a legal person to the Bedingungen, you must not accept the Bedingungen on behalf of that legal person.

If you do not have the authority to use the Bahnsteig and Dienste as representative of a legal person, you must not use the Bahnsteig and Dienste on behalf of that legal person.

If your authority to bind a legal person to the Bedingungen is disputed, invalid, or absent, you agree that all obligations and liabilities incurred during your use of the Bahnsteig and Dienste will be personally binding on you, including any fees, penalties, or damages.

Delegation of use

Once the Bedingungen are accepted by an authorized representative of a legal person, any employee, agent, or representative of that legal person is permitted to use the Bahnsteig and Dienste on behalf of that legal person, provided such delegated use is authorized by that legal person and complies with the Bedingungen. The legal person shall be responsible for all actions performed by its employees, agents, or representatives. The legal person agrees to:

  • ensure that its employees, contractors, or agents using the Bahnsteig and Dienste comply with the Bedingungen and that any breach by its representatives is attributed to the legal person;
  • be responsible for all payments, invoicing, and other financial obligations related to the use of the Bahnsteig and Dienste; in case of disputes, the legal person, not its individual employees, shall be deemed the contracting party for financial obligations.

Transfer of personal data

When acting on behalf of a legal person, you agree not to submit any personal data of yourself or others (such as employees), except when such data is explicitly required by the Bedingungen or instructions of a specific Dienst.

A legal person is required to notify us if data transferred to us contains any personal data and identify that personal data. In the absence of such notice, we will assume that any data submitted in connection with the legal person's use of the Bahnsteig and Dienste is non-personal data attributable to the legal person, except when personal data is explicitly required by the Bedingungen or instructions of a specific Dienst.

Discounts

If for a specific Kurs we offer group discounts based on the number of persons who take the Kurs together in the group, the discount is calculated based on the number of natural persons in the group.

Corporate training

If specific Kurse are advertised by us for corporate training programs, a legal person must be bound by the Bedingungen for those Kurse to qualify as corporate training.

Disclaimers

Accuracy of Kurs information

While we strive to ensure that the information provided within Kurse, including Kursmaterialien and descriptions, is accurate, up-to-date, and complete, we make no representations or warranties, express or implied, regarding the accuracy, completeness, or usefulness of such information. The content provided in Kurse is for educational purposes only and may not reflect the most current developments in the relevant field.

No guarantees of results or outcomes

We do not guarantee any specific results or outcomes from taking Kurse, including but not limited to certification, employment, or other professional advancements. The effectiveness of any Kurs or the achievement of any personal or professional goal is subject to various factors beyond our control, including your own effort, prior knowledge, and the evolving standards of the industry or field in question.

Third-party materials and links

Our Kurse may include materials provided by third parties or links to third-party websites or resources. We do not endorse, verify, or take responsibility for the accuracy or completeness of any content provided by third parties. Accessing third-party content is at your own risk, and we are not liable for any issues arising from such use.

No warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We provide the Bahnsteig, Dienste, Kurse, Kursmaterialien, and Inhalt "as is" without any guarantees of any kind.

Changes to Kurse

We reserve the right to modify, update, or discontinue any Dienst, Kurs, or Inhalt at any time without prior notice. This may include, but is not limited to, changes to Kurs schedules, Kursleiter, materials, or pricing. We will not be held liable for any inconvenience or loss incurred as a result of such changes.

Limitation of liability

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Bahnsteig, any of the Dienste, Kurse, Kursmaterialien, or Inhalt, including but not limited to damages for loss of profits, loss of data, or other intangible losses, even if we have been advised of the possibility of such damages.

Limitation of liability

Liability cap

To the fullest extent permitted by applicable law, our total liability to you for any claims arising out of or relating to the Bedingungen, your use of the Bahnsteig, or any Kurse provided by us, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount you paid for the Dienst or Kurs that gave rise to the claim. In no event shall our liability exceed this amount.

Exclusions of indirect damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from your use of the Bahnsteig and/or Dienste, your participation in any Kurs, or your reliance on any information provided by us, even if we have been advised of the possibility of such damages.

Exceptions

Nothing in the Bedingungen limits or excludes any liability that cannot be limited or excluded by law, including but not limited to liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.

Force majeure

We shall not be held liable for any delay or failure to perform our obligations under the Bedingungen due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, or interruptions in internet or communication services.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your use of the Bahnsteig and/or Dienste;
  • Your violation of the Bedingungen or any applicable laws or regulations;
  • Your infringement of any third-party rights, including intellectual property rights;
  • Any Inhalt you submit to the Bahnsteig, including Nutzergenerierte Inhalte ;
  • Any dispute between you and any third party.

Cooperation in defense against legal claims

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you agree to cooperate with us in such defense. You shall not settle any claim without our prior written consent.

Notification

You agree to promptly notify us of any claim, demand, or action for which indemnification is sought.

Survival

This indemnification obligation will survive the termination of the Bedingungen and your use of the Bahnsteig and/or Dienste.

Governing law and dispute resolution

Governing law for interpretation

For the purposes of regular interpretation, performance, and compliance with this agreement, the contract shall be interpreted in accordance with the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the party interpreting or applying the contract (the "Applicable jurisdiction"). This governing law applies without regard to the conflict of law principles of that country.

Governing law for disputes

In the event of a formal dispute or legal claim, the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the defendant (the "Applicable jurisdiction") shall govern the interpretation and enforcement of the contract, without regard to its conflict of law principles.

Dispute resolution

Mediation

In the event of any dispute, claim, or controversy arising out of or in connection with the Bedingungen or the use of the Bahnsteig and Dienste, the parties agree to first attempt to resolve the matter amicably through mediation. Mediation shall be conducted in accordance with the mediation procedures and laws of the Applicable jurisdiction. Mediation may take place remotely or in any format agreed upon by both parties.

Legal actions

If the dispute is not resolved through mediation within 30 days of notice, either party may initiate formal legal proceedings in the court located in the district (or city) of the defendant's place of residence or registered office within the Applicable jurisdiction. If no such court exists in the district or city, the proceedings shall be brought in the court of the province or region where the defendant's place of residence or registered office is located. If there is no such court at the provincial or regional level, the proceedings shall be brought in the court of the country where the defendant resides or is located. These courts shall have exclusive jurisdiction over all disputes, claims, or controversies arising out of or relating to the Bedingungen, and both parties consent to the personal jurisdiction of these courts.

Waiver of class actions

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class action or other representative action.

Termination of Dienste

Right to terminate: We reserve the right to suspend or terminate your access to the Bahnsteig and/or Dienste at any time, with or without notice, if we reasonably believe that you have violated the Bedingungen, applicable law, or any other policy governing the use of the Bahnsteig and/or Dienste.

Grounds for termination: Your access to the Bahnsteig and Dienste may be terminated for any of the following reasons:

  • Violation of the Bedingungen, including failure to comply with the User conduct or Geistiges Eigentum clauses.
  • Providing false or misleading information during Konto registration or at any time during the use of the Bahnsteig and/or Dienste.
  • Engaging in any activity that is harmful to other Benutzer, our system, or that interferes with the normal functioning of the Bahnsteig.
  • Misuse or unauthorized reproduction, distribution, or sharing of Kursmaterialien in violation of our Geistiges Eigentum provisions.
  • Non-payment of any fees or charges due for the Dienste you have subscribed to or purchased.
  • Effect of termination: Upon termination, your rights to use the Bahnsteig and services will immediately cease. You may also lose access to any Kursmaterialien, progress, or content associated with your Konto . Any termination does not entitle you to any refunds, unless otherwise specified in our refund policy.

Voluntary termination: You may terminate your Konto and cease use of the Bahnsteig and Dienste at any time. To do so, you must send a written notice to our support team via the contact methods listed on the Bahnsteig. Please note that any voluntary termination does not entitle you to a refund for any unused portion of the purchased Dienste or Kurse.

Survival of Bedingungen: Certain provisions of the Bedingungen, including but not limited to Geistiges Eigentum, Limitation of liability, and Governing law, will survive termination and remain enforceable.

Reinstatement: We reserve the right, at our sole discretion, to reinstate access to the Bahnsteig and Dienste after termination. Reinstatement may be subject to conditions, such as adherence to specific guidelines or the payment of outstanding fees.

Force majeure

Definition of force majeure: We shall not be liable for any failure to perform or delay in performing any of our obligations under the Bedingungen where such failure or delay is due to circumstances beyond our reasonable control (hereinafter "Ereignis höherer Gewalt"). Such events include but are not limited to:

  • Acts of God (natural disasters such as earthquakes, floods, hurricanes, or other extreme weather events)
  • War, invasion, or acts of terrorism
  • Civil unrest, riots, or disturbances
  • Government orders, laws, or regulations, including restrictions due to pandemics, quarantines, or public health emergencies
  • Strikes, labor disputes, or other industrial action
  • Interruptions or failures of electricity, internet, or telecommunications services
  • Fires, explosions, or other accidents

Suspension of performance: If a Ereignis höherer Gewalt occurs, our obligations under the Bedingungen will be suspended for the duration of the event. We will make reasonable efforts to resume the Bahnsteig and Dienste as soon as the event ends, but we cannot guarantee the timeframe for resumption.

Notification: We will endeavor to notify Benutzer of the occurrence of any Ereignis höherer Gewalt as soon as is reasonably practicable. Benutzer are encouraged to stay informed via our official communication channels regarding the status of the Bahnsteig and Dienste during such events.

No liability: We are not liable for any loss, damage, delay, or failure to fulfill our obligations due to a Ereignis höherer Gewalt. This includes any inability to access Kurse, delays in Kurs schedules, or any other disruptions caused by such events.

Right to terminate: If a Ereignis höherer Gewalt lasts for more than 60 days, either party has the right to terminate the Bedingungen by providing written notice to the other party. In the event of such termination, any prepaid but undelivered Dienste may be refunded in accordance with our refund policy, provided no portion of the Dienst has already been delivered or consumed.

Severability

If any provision of the Bedingungen and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permissible by law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The remaining provisions will continue in full force and effect.

Entire agreement

The Bedingungen constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No amendment or modification of the Bedingungen shall be effective unless in writing, communicated to you, and accepted by you through your continued use of the Bahnsteig and/or Dienste.

Bedingungen in multiple languages

The Bedingungen may be available in multiple languages. In the event of any discrepancy, inconsistency, or conflict between the Bedingungen in English and the Bedingungen in any other language, the Bedingungen in English shall prevail.

Version

Last updated: 2024-09-17. Version string: 5v1.0.0AAAAAADe6v______7_________-f_v______3________38.