General Terms and Conditions of Business. For e-learning courses and live online trainings.
1. Scope of application
(1) These General Terms and Conditions apply to the use of e-learning courses and live online trainings - hereinafter referred to as "Courses" – of company name evaplan Ltd at the University Hospital Heidelberg - hereinafter referred to as "Provider", who is managing the courses in cooperation with Heidelberg Institute of Global Health of the University Hospital Heidelberg.
(2) These General Terms and Conditions shall apply exclusively. General terms and conditions of business including any purchasing conditions of the contractual partner shall not apply and are hereby excluded. The contractual partner's terms and conditions shall not become part of the contract even if the Provider 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(1) The prices, price offers and descriptions quoted or mentioned do not constitute an offer and may be withdrawn or amended by the supplier at any time prior to the express acceptance of your order.
(2) Although the Provider endeavours to ensure the availability of the courses shown, he cannot guarantee that all courses are available at the time of the order. Should the Provider not be able to process or fulfil the contractual partner's order, the Provider can reject it without further liability. In such a case, the Provider will inform the contractual partner of this and refund all payments already made for the product.
(3) An order placed by the contractual partner constitutes an offer addressed to the Provider to participate in the Course selected by the contractual partner under these terms and conditions of use. All orders placed by the contracting party are subject to subsequent acceptance by the Provider. The order for a Course is placed either by means of the registration form provided on the website or via e-mail.
(4) The Provider shall only accept the offer effectively and the contract shall only be concluded when the Provider has forwarded the access information (user name and password) to the contractual partner.
3. Access to the courses and obligations of the contracting party
(1) As a rule, access to the Courses is password-protected by means of remote data transmission using the access data assigned to the contracting party.
(2) The access data are 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 by third parties.
(4) In case of misuse, the Provider is entitled to block access.
(5) The contractual partner is liable for any misuse for which he is responsible.
(6) The contracting party is responsible for creating the technical conditions for access to the Courses, 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 cookies transmitted by the Provider's server, and shall bear all costs in connection with the fulfilment of the technical requirements. On request, the Provider will inform the contractual partner about the browser to be used.
(7) In the event of further development of the software platforms and other technical components of the system by the Provider, it is incumbent upon the contractual partner, after being informed by the Provider, to independently take the necessary adaptation measures for the software and hardware used by the contractual partner.
4. Scope of services / Restrictions of use / Right of modification of the Provider
(1) The contents accessible to the contractual partner within the scope of a Course are specified in the description of services, from which the agreed quality of the course is also derived.
(2) The e-Learning courses are available seven days a week, 24 hours a day, whereby an availability of 98% is calculated for the calendar year. The availability is calculated according to the formula: Availability = (total time - total downtime) / total time. Some courses are available exclusively on the booked dates.
(3) The Provider is entitled to change or limit the contents of the Courses or to exchange contents as well as to modify modules with regard to their contents in an appropriate manner, in particular to reduce or extend them in an appropriate manner. If such a change leads to a significant restriction of a Course available to the contractual partner in accordance with the contract of use, the contractual partner shall be entitled to terminate the contract 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 about the courses in advertising material as well as on the website of the Provider and in the documentation are to be understood exclusively as a description of the content and not as a guarantee or assurance of a quality.
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 shall be granted the simple right to participate in the ordered course, which is limited to the duration of the contract of use and which is not transferable to third parties.
(2) The right to participate during the term of the contract includes access to the course which is the subject matter of the contract as well as the right to retrieve (online) learning content on a data processing device (computer) belonging to the contractual partner or a third party for the contractual partner's own learning purposes.
(3) Participation is limited to the contractual partner. The retrieved documents may only be used by him for his own use during the period of use.
(4) Any commercial transfer, in particular the sale, renting, leasing or lending of courses, their contents or documents is not permitted.
(5) It is not permitted to collect, duplicate, copy onto other data carriers or store on retrieval systems elements of the computer programs belonging to the courses for use by unauthorised third parties.
(6) Use of the e-learning course licence is limited to a period of 180 days from the start of the contract, unless a different duration is specified in the service description.
(7) The Provider is entitled to take technical measures to prevent use beyond the contractually permissible scope, in particular to install appropriate access barriers.
(8) The contractual partner is not entitled to use devices, programmes or other means that serve to circumvent or overcome the technical measures of the Provider. In the event of a breach by the contractual partner, the Provider is entitled to immediately block access to courses and to terminate the contract without notice. Further rights and claims of the Provider, especially claims for damages, remain unaffected.
(9) Not covered by the contract of use is the legal right to produce a copy in accordance with § 53 UrhG.
6. Rights of the provider
(1) The contents provided by the provider are protected by copyright.
(2) All resulting rights, in particular those of reprinting, translation, reproduction by photomechanical or similar means, storage and processing by means of EDP or their distribution in computer networks - even in part - are reserved by the provider or the authors and licence holders.
(3) The contractual partner does not receive any ownership or exploitation rights to the content or programmes provided.
(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 contracting party for participation in a course is specified in the service description.
(2) The remuneration for participation in a course must be paid in advance in each case.
8. Liability for defects, guarantees and assurances
(1) A material defect shall be deemed to exist if the course does not have the contractual quality as defined in clause 4.1 and its suitability for use in accordance with the contract is thereby cancelled or reduced. An insignificant limitation of the suitability remains out of consideration.
(2) The contractual partner must notify the Provider immediately in writing of any defects, faults or damage that occur.
(3) The Provider shall remedy defects within a reasonable time period after receipt of a comprehensible description of the defect by the contractual partner.
(4) A right of termination due to failure to grant use in accordance with § 543 Par. 2 No. 1 BGB (German Civil Code) only exists if the defect is not remedied within a reasonable period of time or is to be regarded as having failed.
(5) No guarantee is given that the use of the Courses does not infringe the property rights or copyrights of third parties or that it does not cause damage to third parties. The provider is not aware of any such rights.
(6) The Provider assumes no liability that the Courses are suitable for the purposes of the contractual partner.
(7) The right of the contractual partner to demand compensation for damages in accordance with the provisions of clause 9 below, if the legal requirements are met, remains unaffected.
9. Limitation of liability
(1) The liability of the provider for damages and reimbursement of expenses is limited to 5,000 euros, regardless 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 behaviour or fraudulent intent on the part of the provider or its vicarious agents, as well as for damage based on the violation of obligations for the fulfilment of which the provider has assumed a guarantee and for damage resulting from injury to life, body or health or for damage for which liability is assumed according to 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 whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may rely. In the event of a breach of a cardinal obligation, a claim for damages shall be limited in amount to the damage that was typical and foreseeable at the time of the breach of duty as a possible consequence of the breach of contract (typically foreseeable damage), provided that none of the cases mentioned in clause 9.2 applies.
(4) The strict liability of the Provider for defects already existing at the time of conclusion of the contract according to § 536a par. 1 half. 1 BGB (German Civil Code) is excluded.
(5) The statute of limitations for claims for damages shall be governed by the statutory provisions.
(6) A change in the burden of proof to the disadvantage of the contractual partner is not associated with the above provisions.
(7) The above provisions shall also apply in favour of the Provider's employees and vicarious agents.
10. Termination of contracts / withdrawal / cancellation / cancellation costs
(1) The agreed rate has a fixed term in accordance with clause 5.6 of these terms and conditions.
(2) In the case of Courses with certain dates, the contract shall automatically terminate upon the end of the training. Premature ordinary termination is not possible. For the courses with fixed dates, 50% of the participation fee will be due as cancellation fees in the event of cancellations received by the organizer later than 2 weeks prior to the beginning of the training course. In the case of cancellations received by the organizer later than 1 week prior to the beginning of the event, in the case of absence from the event or in the case of cancellation of participation, the full participation fee shall be payable. It is possible to name a substitute participant as long as the Course has not yet been started and the participant fulfils the admission requirements. Possible rights of revocation of the participant have priority.
(3) The participant shall be entitled to prove that the Provider has suffered no or only minor damage from the cancellation.
(4) The right of each party to extraordinary termination for good cause remains unaffected.
(5) Upon termination of the contract the Provider is entitled to immediately block the access of the contractual partner to the respective course.
(6) Any termination must be made in writing, in the case of extraordinary termination for good cause, stating the reason for termination. The absence from the course shall in no case be considered as a termination.
(7) No payments will be refunded in the event of cancellation of courses.
11. Choice of law / Place of jurisdiction / Collateral agreements / Written form
(1) German law shall apply exclusively to legal disputes arising from or in connection with this contract.
(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 shall be Heidelberg.
(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 the Provider.
(2) There is no right to participate in the Course with a limited number of participants.
(3) The Provider reserves the right to cancel an announced Courses due to a lack of participants or the illness of the teaching staff or other disruptions in business operations for which he is not responsible. In this case, participation fees already paid will be refunded; no further claims shall exist.
Revocation instruction and revocation form (end consumer).
Right of revocation. You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter, fax or e-mail). You may use the model revocation form, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal. If you revoke this contract, we must reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will we charge you for this refund.
If you have requested that the service should commence during the cancellation period, you will be required to pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us that you exercise your right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
Sample revocation form.
I/we (*) hereby 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 the case of communication on paper)
(*) Delete as appropriate.
End of revocation instruction.
Last updated: 26.10.2020