Terms and Conditions for E-Learning Courses and Live Trainings
Terms and Conditions for E-Learning Courses and Live Trainings
(1) These Terms and Conditions apply to the use of e-learning courses - hereinafter referred to as "Courses" - and live trainings (this includes both face-to-face events and online seminars in real time) - hereinafter referred to as "LT" - of Copteruni GmbH - hereinafter referred to as "Provider".
(2) These General Terms and Conditions apply exclusively. General terms and conditions including possible terms and conditions of purchase of the contractual partner shall not apply and are hereby excluded. Contractual terms and conditions of the contractual partner shall not become part of the contract even if the supplier does not expressly object to them.
(3) By placing an order, the contractual partner agrees to the validity of these General Terms and Conditions of Business
2. Conclusion of Contract / Availability of Courses
(1) The prices, price offers and descriptions quoted or mentioned do not constitute an offer and may be withdrawn or amended by the provider at any time prior to the express acceptance of your order.
(2) Although the Provider endeavors to ensure the availability of the courses shown, the Provider cannot guarantee that all courses will be available at the time you place your order. If the Provider is unable to process or fulfill the Contractual Partner's order, the Provider may reject it without further liability. Upon occurrence of this case, the Provider shall inform the Contractual Partner thereof and refund all payments already made for the product.
(4) The Provider shall only effectively accept the offer and the contract shall only be concluded when the Provider has sent the access information (user name and password) to the Contractual Partner.
3. Access to the Courses and LT and Obligations of the Contractual Partner
(1) In general, access to the Courses and to the LT shall be password-protected by means of remote data transmission using the access data assigned to the Contractual Partner.
(2) The access data is only valid for one user.
(3) The contracting party is obliged to keep the access data and passwords secret and to prevent unauthorized use of the courses and LT by third parties.
(4) In case of misuse, the provider is entitled to block access.
(5) The contracting party is liable for any misuse for which he is responsible.
(6) The Contractual Partner shall be responsible for creating the technical prerequisites for access to the courses and the LT, in particular with regard to the hardware and operating system software used, the connection to the Internet including ensuring the connection speed, the current browser software and the acceptance of the cookies transmitted by the Provider's server, and shall bear all costs in connection with the fulfillment of these prerequisites. The Provider shall inform the Contractual Partner on request about the browser to be used in each case.
(7) In the event of further development of the software platforms and other technical components of the system by the Provider, it shall be incumbent on the Contractual Partner, after being informed by the Provider, to take the necessary adjustment measures for the software and hardware used by the Contractual Partner on its own.
4. Scope of Services / Restrictions on Use / Provider's Right to Make Changes
(1) The content accessible to the Contractual Partner within the scope of a course shall be specified in the service description, which shall also specify the agreed nature of the course.
(2) The e-learning courses shall generally be available seven days a week, 24 hours a day, with an availability of 98% calculated for the calendar year. The availability is calculated according to the formula Availability = (total time -total downtime) / total time. The LT are available exclusively on the booked dates.
(3) The Provider is entitled to change, limit or exchange the content of the courses as well as to modify modules appropriately with regard to their content, in particular to reduce or expand them appropriately. If such a change leads to a significant restriction of a course available to the Contractual Partner in accordance with the User Agreement, the Contractual Partner shall be entitled to terminate the Agreement without notice. The right of termination may be exercised within a period of eight weeks from the occurrence of the material restriction.
(4) Statements and explanations regarding the courses in advertising materials as well as on the website of the Provider and in the documentation shall be understood exclusively as a description of the quality and not as a guarantee or assurance of a property.
5. Rights of Use / Period of Use / Consequences of Misuse of Rights of Use
(1) Within the framework of the contract of use and the following provisions, the contractual partner receives the simple right to participate in the ordered course or LT, which is limited to the duration of the contract of use and is not transferable to third parties.
(2) The right to participate during the term of the contract includes access to the contractual course or LT as well as the authorization to retrieve learning content (online) on a data processing device (computer) belonging to the contractual partner or a third party for own learning purposes.
(3) Participation is limited to the contractual partner. The documents retrieved may only be used by him/her for his/her own use during the period of use.
(4) Any commercial transfer, in particular the sale, rental, leasing or lending of courses, their contents or documents is not permitted.
(5) It is not permitted to collect elements of the computer programs belonging to the courses for third-party use by unauthorized third parties, to duplicate them, to copy them onto further data carriers or to store them on retrieval systems.
(6) The use of the e-learning course license is unlimited and valid for life, unless a different duration is specified in the service description. If Copteruni GmbH discontinues its operation, all course contents will be made available for download for a period of 14 days and all authorized contractual partners will be notified.
(7) The Provider is entitled to take technical measures to prevent use beyond the contractually permitted scope, in particular to install appropriate access blocks.
(8) The Contractual Partner shall not be entitled to use devices, programs or other means that serve to circumvent or overcome the Provider's technical measures. In the event of a violation by the Contractual Partner, the Provider shall be entitled to immediately block access to courses and to terminate the contract without notice. Further rights and claims of the Provider, in particular claims for damages, remain unaffected.
(9)The legal right to make a copy according to § 53 UrhG remains unaffected.
6. Rights of the Provider
(1) The contents provided by the Provider are protected by copyright.
(2) All rights justified thereby, in particular those of reprinting, translation, reproduction by photomechanical or similar means, storage and processing with the aid of EDP or their distribution in computer networks - including excerpts - are reserved for the Provider or the authors and license holders.
(3) The contractual partner does not receive any ownership or exploitation rights to the provided contents or programs.
(4) Trademarks, company logos, other marks, or protective notices, copyright notices, serial numbers, as well as other features serving to identify the provider or the party granting the right of use or individual elements thereof may not be removed or changed.
7. Remuneration / Adjustment of Remuneration / Terms of Payment
(1) The remuneration to be paid by the contractual partner for the participation in a course or LT is specified in the service description.
(2) The remuneration for the participation in a course or LT is to be paid in advance in each case.
8. Liability for Defects, Guarantees and Warranties
(1) A material defect shall be deemed to exist if the course does not have the contractual quality within the meaning of Section 4.1 and the suitability for the contractual use is thereby nullified or reduced. An insignificant restriction of the suitability remains out of consideration.
(2) The contracting party has to report occurring defects, disturbances or damages to the provider immediately in written form.
(3) The provider remedies defects after receipt of a comprehensible description of the defect by the contracting party within a reasonable period of time.
(4) A right of termination due to non-granting of use pursuant to Section 543 (2) No. 1 of the German Civil Code (BGB) shall only exist if the defect is not remedied within a reasonable period of time or is deemed to have failed.
(5) No warranty is assumed that the use of the courses will not infringe upon the property rights or copyrights of third parties or cause damage to third parties. The Provider is not aware of any such rights to date.
(6) The Provider assumes no liability that the Courses are suitable for the purposes of the Contractual Partner.
(7) The Contractual Partner's right to claim damages in accordance with the provisions of Section 9 below shall remain unaffected if the statutory requirements are fulfilled.
9. Limitation of Liability
(1) The liability of the Provider for damages and reimbursement of expenses shall be limited to 750 Euro, irrespective of the reason for liability.
(2) The limitation of liability according to clause 9.1 does not apply if a damage is based on intentional or grossly negligent conduct or malice on the part of the Provider or its vicarious agents, as well as for damages based on the breach of obligations for the fulfillment of which the Provider has assumed a guarantee and for damages arising from injury to life, limb or health or for damages for which liability is assumed under the Product Liability Act.
(3) In the event of a breach of a cardinal obligation, the Provider shall also be liable for slight negligence. Cardinal obligations in this sense are essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may rely. In the event of a breach of a cardinal obligation, the amount of a claim for damages shall be limited to the damage that was typical and foreseeable as a possible consequence of the breach of contract at the time of the breach of obligation (typically foreseeable damage), unless one of the cases mentioned in Section 9.2 applies.
(4) The strict liability of the Provider for defects already existing at the time of the conclusion of the contract pursuant to Section 536a para. 1 subpara. 1 BGB is excluded
(5) The limitation of claims for damages shall be governed by the statutory provisions.
(6) A change in the burden of proof to the detriment of the contracting party is not associated with the above provisions.
(7) The above provisions also apply in favor of the employees and agents of the provider.
10. Termination of Contracts / Withdrawal / Cancellation / Cancellation Costs
(1) The agreed course has a fixed term in accordance with Section 5.6 of these Terms and Conditions.
(2) In the case of LT, the contract ends automatically at the end of the educational measure. An early ordinary termination is not possible. For LT, in case of cancellations received by the organizer later than 2 weeks before the start of the event, 50% of the participation fee will be due as cancellation fee. In case of absence from the event or cancellation of participation, the full participation fee is due. The nomination of a substitute participant is possible as long as the LT has not yet started and the participant fulfills the admission requirements. Possible cancellation rights of the participant have priority.
(3) The participant has the right to prove that the organizer has incurred no or only minor damage from the cancellation.
(4) The right of each party to extraordinary termination for cause remains unaffected.
(5) Upon termination of the contract, the provider is entitled to immediately block the contract partner's access to the respective course.
(6) Each cancellation must be made in writing, in the case of extraordinary termination for cause, stating the reason for cancellation. Absence from classes shall not be considered as termination in any case.
(7) In case of cancellation of courses, no payments will be refunded.
11. Choice of Law / Place of Jurisdiction / Subsidiary Agreements / Written Form
(1) For legal disputes arising from or in connection with this contract, German law shall apply exclusively.
(2) For merchants or persons without permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract is 29664 Walsrode, Germany.
(3) There are no verbal collateral agreements.
(4) Supplementary or deviating agreements must be in writing to be effective. The written form requirement can only be waived by written agreement.
12. Other provisions for live online training.
(1) The registration is binding as soon as it is confirmed in writing by Provider.
(2) There is no right to participate in LT with a limited number of participants.
(3) The provider reserves the right to cancel an announced LT due to insufficient number of participants or illness of the teaching staff as well as other disruptions in business operations for which the provider is not responsible. Already paid participation fees will be refunded in this case, further claims do not exist
Cancellation policy and cancellation form (for consumers).
Right of withdrawal.
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Copteruni GmbH, Lange Straße 27, 29664 Walsrode, Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by mail or an e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
Model withdrawal form
(If you wish to revoke the contract, please fill out and return this form).
- To Copteruni GmbH, Lange Straße 27, 29664 Walsrode, Mail: email@example.com
- I/we (*) revoke the contract concluded by me/us (*) for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable. End of revocation policy. Status: 31.12.2020
In case of doubt or discrepancies, the wording of the German language version of these terms and conditions shall apply.
Lange Straße 27