+49 (0) 251 203 195 30
1.1 These General Terms and Conditions (GTC) apply to all legal transactions of edyoucated GmbH, hereinafter also referred to as"edyoucated", "we", with its contractual partner, hereinafter referred to as "Participant" or "you", in particular for such legal transactions (including the provision of services of the edyoucated Learning Community), which are concluded via the websiteapp.edyoucated.org.
1.2 These GTC apply regardless of whether you act as a consumer, entrepreneur or merchant. Some special features apply to consumers, which we may refer to at the appropriate points in these GTC.
1.3 A consumer or customer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB).
1.4 Individual agreements between us in offers, order confirmations, declarations of acceptance, etc. shall take precedence over the provisions of these GTC.
2.1 We offer a platform on which learning paths with digital continuing education offerings are curated and made available for individual continuing education for a fee ("SaaS Services"). The individual materials of the learning paths are provided by other providers, for which additional costs may be incurred in some cases.
2.2The content focus of our courses & tutorials can be viewed on the course offerings page.
3.1 To use our services, your free registration as a user is required.Only natural persons with unlimited legal capacity can register as users.
3.2 To register, the registration form provided on our website must be filled out completely and truthfully, stating a username, and sent to us. Your username must not infringe the rights of third parties or offend common decency and must not contain any contact information (e.g. e-mail or Internet addresses). We are entitled to request written evidence to verify the data provided.
3.3 By submitting the registration form, you make a binding offer to us to conclude a usage contract for a free basic membership. The user contract is concluded by our confirmation of the registration and the activation of your user account.
3.4 Each user may only register once.
3.5 After successful registration, you can obtain information about our service portfolio, in particular about our courses and tutorials, and purchase them via our booking process as part of individual packages.
3.6 The following minimum technical requirements are necessary to use our services:
· Standard DSL connection
· Current Internet browser(Chrome / Firefox / Safari / Brave)
· Headphones µphone
3.7 You have the possibility to rate our services, especially provided materials as well as our courses and tutorials. These evaluations may only contain truthful information and only refer to the implementation, content as well as the quality of the service. We do not review the ratings. However, we are entitled to delete evaluations that violate the aforementioned provisions.
3.8 We have the right to exclude you from using our services and to delete your member account as well as all services booked by you if we have reasonable grounds to believe that you are (or have been) in breach of the material obligations of these Terms and Conditions. We will inform you about the planned exclusion by e-mail and give you the opportunity to comment. In any case, we will take your legitimate interests into account. The right to extraordinary termination remains unaffected.
4.1 The contract for the use of services to be purchased between us is concluded as follows:
· On our website you will find information about the content, dates and costs of the services offered by us. This information does not constitute an offer to conclude a contract for the use of services such as courses or tutorials.
· Only by submitting the relevant booking form, you make a binding offer to us to conclude a contract for the booking of the relevant services.
· Before submitting the booking form, we will inform you that the booking is subject to costs and give you the opportunity to take note of these general terms and conditions.
· Furthermore, before sending the booking form, we give you the opportunity to check your entries and correct them if necessary.
· After sending the booking form, we will send you a confirmation of receipt of your booking to the e-mail address you provided. This confirmation of receipt also represents acceptance of your offer to book the service.
· In this e-mail or in a separate e-mail, we will send you the text of the contract(consisting of the order, GTC and order confirmation and invoice) (contract confirmation).
· With the full payment of the purchased services, you get immediate access to the services (especially courses and tutorials).
5.1 The type and amount of remuneration for the purchased service will be communicated to you as part of the booking process. It is due for payment within 14 days after receipt of a proper and verifiable invoice, which is usually sent together with the confirmation of receipt.
5.2 Payment of the fees for the booked services must be made to our bank account. This can be found in the attachments to the confirmation of receipt. Payment can be made in particular via the following payment options:
· VISA and MasterCard
· Purchase on account
· SEPA direct debit
5.3 We will provide you with the specific modalities of processing the purchase via one of the aforementioned means of payment during the ordering process. We do not charge a separate fee for any of the mentioned means of payment.
6.1Services purchased by you, in particular courses and tutorials, are generally available to you for the duration of the subscription you have chosen. During this time, you can access and use the corresponding content online. After expiration of your subscription, your access to the corresponding online course or tutorial will be blocked.
6.2 We reserve the right to make changes to the exact program, layout and process of our services as well as to the focus of the content.
6.3 If you do not (or cannot) make use of the entirety of the contractual services or individual services, we are generally not obligated to refund the participation fee. We will only refund the participation fee paid (on a pro-rata basis, if applicable) if you can credibly prove that you were unable to attend.
7.1 The duration of the contract is based on the duration of the service you have booked.
7.2 Since we make our services available to you for retrieval immediately after completion of the payment process, you have no right of withdrawal, termination or cancellation from the time our services are activated.
8.1 If you use our services as a consumer, you may revoke the contract concluded between us for our services as follows:
8.2 Revocation policy
You may revoke your contractual declaration in text form (e.g. letter, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312 e paragraph 1 sentence 1 BGB in conjunction with Article 246§ 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.
The revocation is to be sent to:
Phone: +49251 508 536 80
8.3Consequences of revocation
If you effectively revoke the contract or individual bookings, we will reimburse you for all payments we have received from you in connection with the revoked service/booking without delay and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. In no case will you be charged any fees because of this repayment.
8.4 Special notes
The right of revocation expires as soon as the service to which the revoked booking relates has been performed.
- End of the legal cancellation policy -
8.5 Sample revocation form
(If you wish to revoke the contract/service/booking, you can complete and return this form to us. However, you are not obliged to comply with this form).
Phone: +49251 508 536 80
I/we (*)hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
Ordered on(*) / Received on (*): ______________________________
Name of consumer(s): ________________________________
Address of consumer(s): _____________________________
Signature of consumer(s): ___________________________
(only incase of notification on paper)
(*) Delete as applicable.
9.1 Our liability arising from the contract concluded between us, irrespective of the legal grounds, for your damages that do not result from injury to life, body or health, shall be limited in amount to the damages typically foreseeable at the time of conclusion of the contract, insofar as the damage was not caused by us or by a legal representative or vicarious agent either intentionally or through gross negligence.
9.2 This limitation of liability shall not apply if the damage is due to a culpable breach of material contractual obligations by us or by a legal representative or a vicarious agent. An essential contractual obligation is an obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely on.
For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our services are operated. From time to time, the availability of our website or individual services may therefore be limited -in particular due to the necessary performance of maintenance or repair work.We will inform you in time about the performance of planned maintenance work and its scope by means of a notice on our website. Should the system fail unexpectedly, we will inform you about the extent and duration of the failure as soon as possible.
If you act as a company or are a merchant in the sense of the German Commercial Code(HGB), our registered office is the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the competent court shall apply.
Information on online dispute resolution for consumers: We refer to the possibility of online dispute resolution (so-called "OS platform"). Consumers can use the OS-platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The OS-platform can be accessed at the following link:http://ec.europa.eu/consumers/odr.
We are willing to participate in the resolution of disputes through this OS-platform.
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
Status: May 2020