General terms and conditions.
General Terms and Conditions (hereinafter referred to as “GTC”) of Webinaris GmbH, Bussardstr. 5.2, 82166 Gräfelfing (hereinafter referred to as "Webinaris", "we" or "us").
§1 OVERVIEW
(1) We are active in the following business areas:
a) In the “Education” business area, we distribute books and courses.
b) In the “Software” business area, we offer different online platforms.
(2) Definitions
a) “OP-Webinaris” denotes the online-platform Webinaris.
b) An “operator” is a person who uses one of our online platforms.
c) A “participant” is a person who consumes content made available by operators over one of our online platforms.
d) “Users” are operators and participants.
e) “Fair-use contingent” means the extent of use of functions provided on an unlimited basis that can be reasonably expected.
§2 REGULATIONS FOR THE “EDUCATION” BUSINESS AREA
(1) In essence, product delivery occurs only after the dealer receives payment.
(2) We reserve the following rights:
a) The right to reasonable partial deliveries or reasonable replacement deliveries.
b) The right to retroactively adapt, expand or restrict the content and scope of digital products, such as video courses.
c) The right to withdraw for good cause.
(3) All content provided is copyright-protected material. Reproduction, distribution, editing and/or making publicly accessible any of these contents in whole or in part is expressly prohibited.
(4) It is forbidden to download content to which you have access in a member area.
(5) It is prohibited to grant third parties access to a provided member area or to the content available therein. You are obliged to use a secure password and to prevent third parties from gaining access to it.
(6) In the event of violation of sections (3), (4) and (5), we reserve the right to block you from all content immediately and without compensation. Refund of paid services is excluded in this circumstance. We also reserve the right to claim damages.
§3 REGULATIONS FOR THE BUSINESS AREA “SOFTWARE”
Webinaris reserves the right to change the online platform’s range of functions without notice and without explanation. This applies in particular, but not exclusively, to the provision of new functions and the deactivation of functions that can no longer be provided due to technical or economic circumstances.
(2) Webinaris provides all online platforms within the framework of a fair-use policy. This means that functions provided on an unlimited basis may only be used within the range of reasonably expected usage.
(3) All online platforms are licensed solely to the buyer or account holder. Using accounts jointly with third parties or reproducing third-party content or processes in an account is prohibited.
(4) The content conveyed via an online platform is provided exclusively by the operator. Webinaris only provides the technology and platform and, if applicable, other supportive services.
(5) Webinaris creates, operates and maintains the online platforms, but does not itself act as an intermediary between users.
(6) Services / applications of third parties that are integrated into the OP-Webinaris, and with which a separate contractual relationship exist, are excluded from the subject of this contract.
(7) Operator obligations
a) Operators are responsible for all data, processes and content they store, create or generate in an online platform. b) The operators hereby warrant Webinaris that all data, processes and contents are in accordance with German law and do not infringe the rights of third parties, in particular intellectual property rights such as trademarks, designs, patents, utility models, copyrights or personal rights and also neither infringe competition law nor data protection law and do not infringe criminal law.
c) The operators further warrant refraining from providing any content that glorifies violence or is pornographic.
d) Operators are the sole responsible parties for all personal data they store in an online platform. Operators undertake to comply with the relevant valid legal situation when processing their data and in particular undertake to comply with the relevant valid data-protection provisions.
(8) Granting rights – license
Users hereby grant Webinaris a locally unrestricted license to save content, alter content (in particular by changing the format of videos) and provide such content to participants within the scope of the contract, e.g. to provide webinars. The duration of aforementioned license is limited to the time in which a user holds an account with the respective online platform.
(9) Guarantee of ownership
a) The operator guarantees that she/he is the owner of the necessary rights for publishing content on the online platforms and that it is legally permissible for him to effectively grant Webinaris the rights mentioned in the previous paragraph (Granting rights - license).
b) The operator also warrants that said content is free of third-party rights that could conflict with this contractual granting of rights. The operator warrants that the use of the content in the context of this contract does not infringe any third-party personal rights, in particular that persons depicted, if any, consent to the contractual use of their image.
(10) Exemption from third-party claims
The operator exempts Webinaris of all claims by third parties upon first request, in particular of claims regarding alleged copyright infringement, infringement of competition rights and infringement of intellectual property rights such as in particular trademarks, designs, utility models, patent law, data protection and personal rights, as well as criminally relevant actions, which are raised against Webinaris, its managing directors, shareholders and/or employees in the context of usage of an online platform from Webinaris by the user.
The same applies with regard to claims due to the contractual prohibition to provide content glorifying violence or pornographic content.
The operator hereby warrants notifying Webinaris immediately in text form upon receipt of any third-party claims with regard to the use of an online platform from Webinaris. Webinaris is entitled to take suitable measures to defend itself against third-party claims or to pursue its rights. The exemption also includes the refunding of reasonable costs that Webinaris incurs or has incurred as a result of legal prosecution / defense, including reasonable attorney fees.
(11) Prohibition of technical interference
The user must refrain from any activity that entails manipulating, impairing and/or overloading the operation of an on online-platform from Webinaris or its underlying technical infrastructure and functionality/access options. These include in particular:
a) the use of viruses, robots, SPAM, worms, trojans or similar in connection with the use of an online platform from Webinaris
b) blocking, overwriting, modifying, copying data and/or other content, insofar as this is not necessary for the proper use of an online platform from Webinaris.
(12) Indemnification from server failure or technical problems
The users are aware that despite regular maintenance, server failure or technical problems can occur. Data may be lost due to server failure or technical issues. It is also possible that individual webinars cannot be held at the specified time or that other functions will not work or will only function to a limited extent. Users are therefore advised to externally back up the data for which they are responsible. If there is an impairment due to server failure or technical problems, Webinaris is only liable for wilful intent and gross negligence.
(1) Technical requirements for using online platforms from Webinaris
To use an online platform as an operator,
a) a laptop or desktop PC with a current operating system and a current version of Google Chrome and
b) a stable internet connection with sufficient bandwidth for the functions used and
c) sufficient free RAM and a sufficiently powerful processor for the functions used, are required.
To use an online platform as a participant,
a) a laptop or desktop PC with a current operating system or a tablet PC or smartphone with a current version of iOS or Android and a current version of Google Chrome, Mozilla Firefox, Opera, Internet Explorer, Microsoft Edge or Safari and
b) a stable internet connection with sufficient bandwidth for the functions used and
c) sufficient free RAM and a sufficiently powerful processor for the functions used, are required.
The installation of unsupported additional software (including pop-up blockers, ad blockers, etc.) as well as unsupported settings in the operating system, browser or other installed software, can lead to limited functionality.
(15) Termination of the service agreement by Webinaris
Webinaris reserves the right to terminate an operator’s membership with any Webinaris online platform at any time, without notice and without any obligation on the part of Webinaris. This applies in particular if there is suspicion that the operator is violating applicable law or the rights of third parties.
This also applies, however, if the operator does not meet his payment obligation towards the retailer or does not meet it completely or in time or if the subscription of a membership with costs has ended.
(16) Blocking and deleting data and content
Webinaris is entitled at any time to block some or all of the data or content that has been generated or saved by operators on an online platform. This applies in particular if there is a suspicion that these violate applicable law or the rights of third parties.
This also applies, however, if the operator does not meet his payment obligation towards the retailer or does not meet it completely or in time or if the subscription of a paid membership has ended. It is then no longer possible to provide the content, including any stored data on participants.
The online platforms enable operators to independently delete all their data and content.
§4 REGULATIONS FOR OP-Webinaris
(1) Scope of services
Webinaris provides the OP-Webinaris, an online platform for hosting webinars.
Webinars are here understood as content conveyed by operators via the internet. This content is consumed by participants.
§5 CONCLUSION OF CONTRACT
(1) You can purchase our products and services for which costs are charged from the retailer DigiStore24 GmbH (In der Kalenberger Graben 7, 31141 Hildesheim, Germany, hereinafter DigiStore24). Your contractual partner is the respective dealer. Service provision is based on the respective retailer’s terms and conditions, which you can view, print and save on the order page.
(2) Insofar as we offer products or services free of charge, we are your contractual partner.
§6 LIABILITY, LIMITATION OF LIABILITY
In case of intent or gross negligence of Webinaris or by Webinaris’s agents or assistants in performance Webinaris is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. Otherwise liability is excluded. Insofar as there is no intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
Webinaris’s liability for culpable damage to life, body or health as well as Webinaris’s liability under the Product Liability Act shall remain unaffected.
§7 DATA PROTECTION
The scope and purpose of processing personal data is stipulated in the Webinaris privacy policy.
§8 CONTRACT ASSIGNMENTS
Webinaris is entitled to assign this contract with all rights and obligations to a company of its choice. The transfer will take effect 4 weeks after the user has been notified accordingly. If this contract is transferred to another company, the user has an extraordinary cause to terminate the contract, which must be exercised within two weeks after notification.
§9 PLATFORM FOR ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr
However, Webinaris is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. (OS platform or in the sense of § 36 VSBG)
§10 RIGHT TO CHANGE
These terms and conditions may be amended with a notice period of 4 weeks.
§11 APPLICABLE LAW AND JURISDICTION
(1) German law applies.
(2) The place of jurisdiction for all disputes arising from and in connection with this contract, regardless of the legal basis, is Cologne, in the event that the user is a merchant or does not have a place of general jurisdiction in Germany.
§12 SEVERABILITY CLAUSE
Should individual provisions of this contract prove to be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the commercial objective which the contracting parties pursued with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract contains any gaps.
§13 LANGUAGE VERSION
The English translation is for your convenience only. In the event that the English-language version differs from the German-language version, the German-language version prevails.
Status October 2023
