General Terms and Conditions of Business and Use with Customer Information

 

Table of contents

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1. Scope of validity

2. Services of the provider

3. Conclusion of the contract

4. Right of withdrawal

5. Prices and payment terms

6. Falling short of the minimum number of participants or exceeding the maximum number of participants for online live courses

7. Changes or cancellation of online live courses

8. Content of the services and teaching material

9. Granting of rights of use to digital content and transfer

10. User content

11. Duration and termination of subscription contracts

12. Liability for defects

13. Liability

14. Applicable law and legal venue

15. Severability clause

16. Alternative dispute resolution

 

 

1) Scope of validity

1.1 These General Terms and Conditions of Business and Use (hereinafter "GTCs") of Andreas Kretz (hereinafter the "provider"), apply to the use of the website of the provider (hereinafter the "website") and the learndataengineering school operated by him on the platform teachable.com (hereinafter the "online school") by a consumer or entrepreneur (hereinafter the "customer") as well as for all contracts on the participation in online live courses and the delivery of digital content (hereinafter the "services"), which a customer concludes with the provider with regard to the services presented on the website or in the online school.

The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 Entrepreneur within the meaning of these GTCs is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A consumer within the meaning of these GTCs is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

1.3 Digital content within the meaning of these GTCs is all data that is not contained in a tangible medium and that is produced in digital form and provided by the provider with the granting of certain rights of use regulated in more detail in these GTCs.

1.4 The subject matter of the contract may be – depending on the service description of the provider – both the one-time purchase of services and the purchase of services by way of recurring service provision (hereinafter "subscription contract"). In the case of a subscription contract, the provider undertakes to provide the customer with the contractually owed service for the duration of the agreed contract term at the contractually owed time intervals.

 

2) Services of the provider

2.1 On the one hand, the provider makes the website and online school available for use and, on the other hand, holds live online courses and delivers digital content via its website and online school. The contents of the online live courses and the subject matter of the digital contents result from the respective service description on the website or in the online school. With regard to the online school, however, the provider only provides its corresponding content and services on the teachable.com platform, the customer's access to the teachable.com platform itself and thus also to the provider's online school there as well as the use and availability of the teachable.com platform is not the subject of the provider's services and responsibility, the provisions of the teachable.com platform and its corresponding agreements with the customer apply to this. 

2.2 Insofar as the provider holds online live courses, it shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the provider shall provide the customer with the information and dial-in data necessary for the customer's access by means of suitable application software before the start of a video conference. For error-free participation in the online video conference, the customer's system must meet certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for compliance with the system requirements. The provider shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the customer.

2.3 The provider shall provide its services itself or through qualified personnel selected by it. In doing so, the provider may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the provider's descriptions, the customer has no claim to the selection of a specific person to provide the commissioned service.

2.4 The Provider shall render its services with the greatest care and to the best of its knowledge and belief. However, the Provider does not owe a certain success. In particular, the provider does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance target. This depends not least on the personal commitment and will of the customer, over which the provider has no influence.

2.5 Insofar as the provider delivers digital content, delivery shall be effected by providing an online video stream or, in the case of other digital content (e.g. documents such as Word or pdf files), by making them available for viewing in the browser and/or for downloading, in each case using appropriate technical means. For the proper reproduction of the stream, the customer's system must meet certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for compliance with the system requirements. The provider shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the customer.

 

3) Conclusion of the contract

3.1 With regard to the mere use of the website or the online school, the customer already acknowledges and accepts the provisions applicable to this in these GTCs by using it. 

3.2 The chargeable services described on the website or in the online school of the provider do not represent binding offers on the part of the provider, but serve to submit a binding offer by the customer. Registration for such services requires an existing user account of the provider's online school and/or the teachable.com platform. The customer can register with the provider's online school by entering the data requested in the registration form (name and email address) and a password to be defined in the registration process itself. At the same time, the customer must agree to these GTCs and the data protection provisions of the provider as well as the terms of use and data protection provisions of the teachable.com platform. After submitting the registration, the customer will receive an email at the email address provided in its registration requesting it to confirm the email address by means of an activation link. With the confirmation of the email address, the registration process of the user account with the online school of the provider is completed and the contract of use between the customer and the provider including these GTCs has come into effect. 

3.3 The customer can submit his offer for chargeable services of the provider via the respective online form provided on the website of the provider or in his online school. In doing so, the customer, after either registering for the first time or entering the access data of its existing user account of the online school of the provider or of the teachable.com platform, as well as entering the payment data and its billing address and, if applicable, different delivery address, submits a legally binding contractual offer with regard to the selected service by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the provider by telephone, fax, e-mail or post. By submitting an offer, the customer acknowledges and accepts the validity of these GTCs and the other provisions relating to the selected service.

3.4 The provider may accept the offer of the customer within five days by sending the customer a written confirmation of registration or a confirmation of registration in writing (fax or email) or by having it sent by the teachable.com platform, whereby the receipt of the confirmation of registration by the customer is decisive in this respect. If the provider does not accept the offer of the customer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound to its declaration of intent. In the event that a live online course is held, the same shall apply in the event that the course selected by the customer begins before expiry of the acceptance period and the provider does not accept the customer's offer at the latest 1 hour before the start of the course, unless otherwise agreed between the parties.

3.5 When an offer is made via the provider's online form, the text of the contract is stored by the provider or the teachable.com platform after the conclusion of the contract and transmitted to the customer in writing (e.g. email, fax or letter) after the customer's offer has been sent. The provider does not make the text of the contract accessible beyond this. The data on the ordered service is archived by the teachable.com platform and can be accessed free of charge by the customer via its respective password-protected user account by providing the corresponding login data.

3.6 Before binding submission of the offer via the online form, the customer can continuously correct its entries using the usual keyboard and mouse functions.

3.7 Only English is available for the conclusion of the contract.

3.8 Contact by the provider for the purpose of contract execution or by third parties commissioned by the provider to execute the contract shall generally take place by e-mail. The customer must ensure that the e-mail address provided by it when submitting the offer is correct so that e-mails sent by the provider or third parties commissioned by him to process the contract can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the contract can be delivered.

 

4) Right of withdrawal

More detailed information on the right of withdrawal can be found in the provider's instructions on withdrawal at https://learndataengineering.com/p/right-of-withdrawal

 

5) Prices and payment terms

5.1 Unless explicitly designated or marked otherwise, the mere use of the website and the online school of the provider is free of charge for the customer.

5.2 Content and services of the provider that are subject to a charge are explicitly designated as such or marked accordingly. Unless otherwise stated in the provider's service descriptions, the prices quoted are total prices which include the statutory value added tax.

5.3 Various payment options are available to the customer, which are indicated on the website or in the online school of the provider. The payment processing is carried out by the teachable.com platform, so that its terms of payment and agreements with the customer must also be observed for this.

5.4 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the provider is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).

5.5 In the case of payment by means of a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/ad/webapps/mpp/ua/legalhub-full?locale.x=en_AD.

 

6) Falling short of the minimum number of participants or exceeding the maximum number of participants for online live courses

6.1 The provider may determine a minimum and/or maximum number of participants for its online live courses. If a minimum or maximum number of participants is stipulated, the provider shall explicitly refer to this in the course description.

6.2 If the minimum number of participants is not reached or the maximum number of participants is exceeded, the provider may withdraw from the contract by giving notice to the customer no later than seven days before the start of the course. If several services are the subject of the contract, the withdrawal by the provider in the aforementioned cases is limited to the service affected by the shortfall of the minimum number of participants or the exceeding of the maximum number of participants ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. The provider shall send the customer his notice of withdrawal immediately after becoming aware that the number of participants has not been reached or has been exceeded, but no later than seven days before the start of the course.

6.3 If the provider exercises its right of withdrawal in accordance with the above clause, the customer may request participation in another online live course of at least equal value if the provider is able to offer such a course from its range at no extra charge to the customer. The customer must make its request to the provider immediately after receipt of the provider's declaration.

6.4 If the customer does not exercise its right in accordance with the above clause, the provider shall immediately refund to the customer any fee already paid for participation in the online live course concerned. In doing so, the provider shall use the same means of payment that the customer used for the original transaction, unless explicitly agreed otherwise.

 

7) Changes or cancellation of online live courses

7.1 The provider reserves the right to change the time, instructor and/or content of the online live courses, provided that the change is reasonable for the customer, taking into account the interests of the provider. Reasonable changes are only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the provider contrary to good faith. The provider shall inform the customer in good time in the event of a change in time, course instructor and/or course content.

7.2 In the event of a significant change in services, the customer may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the provider is able to offer such a course from its range of services at no extra charge to the customer.

7.3 If several services are the subject of the contract, the withdrawal by the customer in the aforementioned cases is limited to the service affected by the change ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. The customer may only withdraw from the entire contract if it has no interest in the remaining agreed services.

7.4 The customer shall assert the rights pursuant to the above clause immediately after informing the provider about the change in services.

7.5 The provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor. In the event of cancellation of the online live course, the provider will endeavour to find a replacement date; if such a replacement date does not materialise, the provider will refund any participation fee already paid for the cancelled online live course.

 

8) Content of the services and teaching material

8.1 The provider is the owner of all rights of use which are necessary for the provision of the services. This also applies with regard to teaching materials which may be provided to the customer in connection with the provision of the services.

8.2 Any teaching material accompanying the performance (e.g. teaching documents) shall be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.

8.3 The customer may only use the content of the services, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. Without the separate permission of the provider, the customer is in particular not entitled to record, reproduce, pass on, sub-license or otherwise distribute or make publicly accessible, process, rent, lease, lend or otherwise make available to third parties or reverse engineer, decompile or disassemble the contents of the services or parts thereof, unless such authorisations have been explicitly granted by the provider or in accordance with the provisions of these GTCs. Sections 69d and 69e UrhG (German Copyright Act) remain unaffected.

 

9) Granting of rights of use to digital content and transfer

9.1 The transfer of digital content is effected by providing an online video stream or, in the case of other digital content (e.g. documents such as Word or pdf files), by making them available for viewing in a browser and/or for downloading, in each case using appropriate technical means.

9.2 Unless otherwise stated in the content descriptions on the provider's website, the provider grants the customer the non-exclusive right, unlimited in time and place, to use the digital content provided exclusively for the agreed purposes and in accordance with these GTCs.

9.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Provider can also provisionally allow the use of the contractual contents before this time. A transfer of rights does not take place by such a provisional permission.

 

10) User content

10.1 Insofar as the customer, within the context of its use of the website or the online school or the utilisation of the services of the provider, contributes or provides or posts its own statements, active contributions, data, information or other content (hereinafter "user content"), it alone is responsible for this content and its correctness, completeness as well as the observance of legal regulations, contractual agreements and legal interests of third parties.

The customer indemnifies the provider from any liability towards third parties for its user content presented and/or offered on or with the help of the website or online school of the provider. In the event of a legal claim against the provider by a third party, the customer undertakes to make available to the provider without delay all information and materials required for the assessment of the facts and the legal situation.

10.2 The provider is not obliged to check user content for correctness, completeness, infringements of rights or violations of the law without a specific report. In response to specific reports of violations of these principles or requirements, the provider shall initiate the necessary measures, such as verification. The provider shall inform the customer of such measures and, if necessary, obtain the customer's opinion. If the customer does not provide sufficient evidence of correctness, completeness or legality within a reasonable period of time set for it, the provider is entitled to always comply with requests for removal and injunctive relief without this being considered a breach of the obligations arising from the contractual relationship with the customer. In the case of obvious violations, the provider shall be entitled to do so even without obtaining a statement from the customer.

10.3 With the placement or provision of user content, the customer grants the provider the right to use this user content in the ways necessary for the placement and provision on the website and in the online school of the provider and the retrieval by third parties as well as the improvement of the website and online school as well as services, in particular to store, reproduce, pass on, edit, modify, hold ready, transmit, publish and make publicly accessible the user content.

In addition, the customer grants the provider rights of use to the same extent in order to train or inform its partners, representatives, employees, agents, suppliers or licensors with user content or parts thereof, as well as to use user content or parts thereof within or outside the teachable.com platform for external presentation or other information purposes. To the extent that such use of user content takes place outside the teachable.com platform and unless otherwise agreed with the customer, the provider will make every reasonable effort to remove elements that identify the customer as a person, e.g. by removing the name or hiding the face, or that represent or contain other personal, private or sensitive data.

10.4 The customer is solely responsible for making sufficient backups of its user content. The provider shall be liable for the loss of or damage to or restoration of user content in accordance with the provisions of these GTCs at most if such loss, damage or expense could not have been avoided even through reasonable data backup measures by the customer.  

 

11) Duration and termination of subscription contracts

11.1 Subscription contracts are concluded for a limited period of time for the contract term indicated in the respective service description on the website or in the online school of the provider and end automatically after expiry of the contract term.

11.2 The right to extraordinary termination for a compelling reason without complying with a notice period remains unaffected. Compelling reason shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

11.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).

 

12) Liability for defects

The statutory liability for defects shall apply.

 

13) Liability

The provider shall be liable to the customer from all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

13.1 The provider shall be liable for any legal reason without limitation

- in cases of intent or gross negligence

- in cases of intentional or negligent injury to life, body or health

- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect

- on the basis of mandatory liability such as under the German Product Liability Act

13.2 If the provider negligently breaches a material contractual obligation arising from an agreement on chargeable content or services, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.

13.3 In all other respects, liability on the part of the provider is excluded.

13.4 The above liability provisions shall also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

 

14) Applicable law and legal venue

14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

14.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

14.3 Insofar as the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from the legal relationship between the parties shall be Würzburg, Germany.

 

15) Severability clause

Should individual provisions of these GTCs or of the contracts concluded on the basis thereof be or become invalid or unenforceable in whole or in part or should they contain a loophole, the validity of the remaining provisions shall not be affected thereby.

 

16) Alternative dispute resolution

16.1 The EU Commission provides a platform on the internet for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

16.2 The provider is neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.

  

These GTCs were last updated on 06.10.2021.