General terms and conditions of use
1. Scope / Definitions
The following general terms and conditions apply to all services provided by BIZLEARN - Blended Learning Consulting & NX Training (hereinafter referred to as Bizlearn or Contractor) for the customer (hereinafter referred to as customer) in connection with the development, support and use of web-based e-learning offers.
Deviating general terms and conditions or declarations by the customer will only become part of the contract if and to the extent that this has been expressly agreed between BIZLEARN and the customer. Otherwise they will not become part of the contract even if BIZLEARN does not contradict them.
Web-based e-learning refers to the provision of learning content online via the Internet.
Customer means the individual or legal person who uses or orders content provided by BIZLEARN. Customers' users are all third parties to whom the customer authorizes the use of content or services from BIZLEARN for whatever legal reason.
Content refers to all visual, written or acoustic data and services, information or materials, digital content and goods, including software, provided by BIZLEARN.
Depending on the respective contract, the customer can get access to software. This is operated as Software as a Service (SaaS). The software and the infrastructure are operated by BIZLEARN. The customer has the option of using the software as a service.
Application refers to the use of the content made possible for the customer.
2. Conclusion of Contract
The presentation of the content on the website or in any other way by BIZLEARN does not constitute a legally binding contract offer on the part of the contractor.
The contract for individual services comes about through an order from the customer and its written confirmation by BIZLEARN.
With the conclusion of the contract the customer accepts these conditions.
3. Granting of Rights
With the conclusion of the contract in accordance with the present conditions and the contract, the customer receives a simple, non-exclusive, non-transferable and time-limited right to use the content. He may only use them within the scope of these conditions.
The copyright to all content of any type or embodiment belongs solely to BIZLEARN or, if indicated accordingly, to the respective author or manufacturer. The customer and his employees are not permitted to reproduce, copy, record in data processing media and / or make them accessible to third parties in whole or in part without the prior written consent of BIZLEARN.
The customer has no right to the transfer of the software, the source code or parts thereof.
4. Rights and duties of the customer
The customer is responsible for the timely provision and maintenance of his internet connection and functional software and hardware that enable the use of the content.
The customer undertakes to inform BIZLEARN immediately of any disruptions in the use of the content.
The customer undertakes to keep access data carefully and to keep it secret from unauthorized third parties. The customer undertakes to inform BIZLEARN immediately if there is a suspicion that unauthorized third parties may gain knowledge of access data. The customer is obliged to pay the agreed remuneration with his access data even if the content is used by unauthorized third parties or to reimburse any resulting damage, unless the customer is not responsible for the unauthorized use. The customer is responsible for proving that he is not responsible for the unauthorized use.
The customer is obliged to comply with all safety regulations communicated by the contractor.
The customer is obliged to provide correct information about his identity and to provide a correct and permissible e-mail address and to update this constantly.
The customer is obliged to provide correct data for payment processing and to update this constantly.
The customer may not use the content in a way that violates applicable law or the rights of third parties. In the event of a violation, the customer releases BIZLEARN from all claims by third parties, including authorities, due to this use by the customer. The customer assumes all costs incurred by BIZLEARN, including legal defense costs.
The customer undertakes to use the offers and content made available by BIZLEARN only in such a way that any impairment or damage to the software and other content, the server and damage to BIZLEARN is excluded in any other way.
If third parties (e.g. employees of the customer or other users) use the content of BIZLEARN in the context of the concluded contract, the customer is liable for ensuring that these third parties comply with the customer's obligations towards BIZLEARN in the same way.
5. Performance of BIZLEARN
Depending on the respective e-learning offer, BIZLEARN grants the customer access to the necessary content, in particular the software, via the Internet and / or provides services. The respective services owed by BIZLEARN are regulated in the concluded contract.
BIZLEARN does not act as a provider. The customer is responsible for establishing their own Internet access.
BIZLEARN will maintain the data connection of its own server to the Internet and ensure that the access is not inoperable for reasons for which BIZLEARN is responsible.
6. Special Conditions for Services
BIZLEARN is not liable for the fact that the commissioned service is suitable for the success of use intended by the customer.
If services are provided at the customer's or at another location specified by the customer, the customer is responsible for ensuring that all requirements are met in order to provide the contractually agreed service. Instruction, guidance and supervision of the BIZLEARN employees employed for services are the sole responsibility of BIZLEARN.
BIZLEARN endeavors to make the content available without disruptions. As a result of maintenance work, further developments and other reasons, there may be restrictions on access and usability. BIZLEARN expressly does not guarantee any specific degree of availability of the content.
BIZLEARN reserves the right to change or add to content at any time without prior notice.
All prices include VAT and other price components such as shipping and delivery costs, unless otherwise stated.
The payment deadlines, payment methods and all other payment conditions are regulated in the respective contract.
A set-off by the customer against the claims of BIZLEARN is only possible with undisputed or legally established claims.
9. Contract term / access restriction / termination
The contract terms result from the relevant information for the contractual services in the contract concluded.
A premature termination or cancellation of the contracts or the use of individual content or applications by the customer before the respective contract term has expired is not possible.
The statutory regulations apply to termination without notice for an important reason.
BIZLEARN is authorized to deactivate the customer's access to the content or to prematurely terminate the contract for good cause if adherence to the contract is unreasonable. This is especially the case when the customer
- Uses the content for illegal purposes,
- Uses the content in a way that is likely to harm BIZLEARN
- Uses the content in violation of security regulations
- Uses the content in violation of common decency
- Substantially violates the contract in any other way
Terminations must be made in writing.
10. Liability / Defects
BIZLEARN assumes no liability for any intended success of the customer and its users with the e-learning offers.
The customer is responsible for compliance with safety regulations and accident prevention regulations.
BIZLEARN is not liable for damage to customer systems or their failure or other consequences of such damage.
Claims for damages by customers and their users are excluded.
Excluded from the exclusion of liability are willful or grossly negligent breaches of duty by the contractor and his legal representatives and vicarious agents, the breach of essential contractual obligations and claims for damages by the customer from injury to life, limb or health.
The customer must report any deficiencies in content immediately.
BIZLEARN's no-fault liability for compensation for defects that existed when the contract was concluded is excluded.
The customer undertakes to treat all information and documents obtained in the context of the cooperation with the contractor or due to the use of the content with absolute confidentiality during and also after the termination of the contractual relationship and not to disclose any unauthorized third parties to the knowledge.
12. Data / data protection
13. Place of Jurisdiction and Exclusive Law
The exclusive place of jurisdiction for all claims arising from the contract between the customer and the contractor and from the use of the content is - as far as legally permissible - the registered office of BIZLEARN. This also applies if the customer does not have a general place of jurisdiction in Germany or if, after the contract is concluded, the customer has relocated his registered office or usual place of residence out of the scope of the Code of Civil Procedure or if his registered office or usual place of residence is not known at the time the action is brought.
German law applies exclusively to the contract and any use of the content.
14. Revocation for consumers
If the customer is a consumer, the following rights of withdrawal apply to the respective contracts:
According to the wording of the law in § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of Cancellation
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must contact us (BIZLEARN, Geschwister-Scholl-Str. 21, 93077 Bad Abbach, GERMANY, Fax +49 3222 64 582 42, Email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of Cancellation
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
Do you require that the services to begin during the withdrawal period, so you have to pay us a reasonable amount in the proportion of up to the time at which you inform us of the right of withdrawal with respect to this contract, services rendered compared to the total amount provided for in the contract services equivalent.
15. Severability / severability clause
Should individual provisions of the contract including these terms and conditions be or become legally ineffective, this does not affect the effectiveness of the remaining provisions. The same applies to loopholes in the contract. Instead of the ineffective or missing provisions, a regulation should apply that best suits the will of the parties in economic terms.