1. Scope of application
1 The presented general terms and conditions (GTC) regulate the relationship between the provider Thorben Janssen (hereinafter referred to as “provider”) and the customer for all contracts that are concluded via the website of the provider and in other ways, as well as the other use of the website of the provider.
2 The provider provides consulting services and operates a platform on the website thorben-janssen.com on which customers can purchase access to digital content. On the platform, customers can also make use of further services within the scope of a membership.
3 For all contracts between the provider and the customer, the current version of the following GTCs accepted by the customer shall apply. Deviating general terms and conditions of the customer do not apply. They shall not apply even if the customer transmits them to the provider or refers to them in communication with the provider or elsewhere and the provider does not object to them.
4 The current version of the GTC is listed on the thorben-janssen.com website.
2. Platform, access and registration
1 In order to use the platform and the membership services offered, the customer must be registered. A membership contract for the use of the platform with the provider comes into effect when the customer has sent a registration form filled out with his complete and accurate information to the provider and the customer has confirmed his e-mail address by a message sent by the provider to the specified e-mail address.
2 The registration opens a member account and with it the customer accepts the respective applicable GTC.
3 The customer must provide the data requested for his account completely and correctly. The specification of stage names, pseudonyms or other fanciful names within the scope of the personal name query is not permitted.
4 The customer must keep his password secret and carefully secure access to his account. The customer is obliged to inform the provider immediately if there are indications that an account has been misused by third parties.
5 The provider is entitled to interrupt the permanent use due to maintenance work and for other important reasons, provided that the provider notifies the customer in advance within a reasonable period of time. In urgent cases, the advance notification is dispensable.
3. Use of digital content
1 The provider offers the customer access to digital content for a fixed period. For this purpose, the provider offers the customer the granting of a chargeable right of use to the selected content and thus access to this membership content for use in accordance with section 4. If additional services cause further costs besides the membership, this will be explicitly stated.
2 The membership offered on the platform and the additionally presented services represent a non-binding offer in the legal sense. With the booking via the platform, the customer bindingly declares his contractual offer. Input errors can be corrected during the ordering process before sending the order using the usual keyboard and mouse functions. The confirmation of the receipt of the booking takes place immediately.
The offeror may accept the offer
– by giving the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect,
– by activating and providing the service,
– by requesting payment after submission of the customer’s order.
A payment request is also made when the bank details are communicated to the customer or when the customer is forwarded to a payment service provider.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives to acceptance occurs first.
3 The provider uses the service provider CopeCart GmbH for the processing of the contracts, whereby the contractual partner of the customer for the membership contract is the provider.
4 The contract text is stored by the provider in the account of the customer.
5 The customer must provide the contract data requested in the customer account or by other means by the provider completely and correctly, if and insofar as these are not marked as voluntary information. It is forbidden to provide foreign or otherwise inaccurate information when placing an order. If the collected data changes after the order, the customer is obligated to update his account immediately or to otherwise transmit the changed data to the provider.
4. Conditions of use and rights of use
1 For the use of the access offered by the provider, it is necessary that the customer has a computer and Internet access. It is the sole responsibility of the customer to create the aforementioned conditions for use.
2 With access to the services, the provider grants the customer a simple, spatially unlimited right to use the currently displayed digital content in accordance with the scope agreed in the contract for exclusively his own purposes for the agreed period of time. Deviating grants of rights of use are specified in the individual service descriptions.
3 Further rights, in particular to sell and reproduce beyond the extent necessary for the contractual use, are not granted. Any rights of the customer under §§ 69d para. 2 and 3 and 69 e UrhG (German Copyright Act) remain unaffected.
4 The use of digital content of the platform may only take place for own purposes. Further commercial or industrial use vis-à-vis third parties or public presentation is only permitted with the express written consent of the provider. Any duplication or use of elements of the platform in other electronic or printed publications, in particular on other websites, is not permitted without the express consent of the provider. The comprehensive copyright with all powers according to §12 to §27 UrhG (German Copyright Act) to all documents, information and contractual items created in the context of the contract initiation and execution is exclusively entitled to the provider, unless otherwise agreed in writing. Should customers wish to use digital content or materials for such purposes, they may contact the provider.
5 The accesses acquired on the platform are personal, i.e. only one person may use an access. The purchased access cannot be transferred to third parties unless this is expressly permitted by the provider. In particular, it is prohibited to make use available to third parties via the acquired access.
6 When using the access (in particular the discussion and comment functions), appropriate behaviour and reasonable manners must be observed; in particular, the use of third parties must not be impaired by inappropriate or offensive comments or similar.
7 With regard to any materials and content made available on the platform for this purpose, the customer grants the provider a simple right of use in each case for advertising and marketing purposes for and on the platform, and in particular for permanent use and storage on the platform. The provider may revoke this right of use by notification in text form.
5. Contents, materials and information offered
1 The content, material and information presented during the videos or consultations is content, material and information created and made available by the provider itself or on its behalf or publicly accessible.
2 The contents presented within the services of the povider merely represent independently developed,
exemplary solution procedures and learning and consulting contents. Despite conscientious preparation of the
videos and consulting contents, the presented content and summaries do not claim to be complete. In
particular, there is no legal claim against the provider to the successful completion/passing of any
examinations/certificates based on the acquisition of access to the content offered on the platform.
3 The provider has the right to technically edit, prepare and adapt offers and contents on the platform in such a way that they can also be displayed on mobile devices or software applications of third parties. The provider reserves the right to add further interfaces to the platform in the future at its own discretion and to improve technical functions. Likewise, functions can be removed at the provider’s discretion if this only means a minor change in performance and no change in the agreed overall functionality. If justified interests of the customer (e.g. in the case of a significant change in performance to the detriment of the customer) can be adversely affected by a change in performance, the provider shall notify the customer of this change in performance in writing or by electronic means before it takes effect and shall point out to the customer in this notification his special right of termination regulated below and the consequences of not exercising the right of termination. In this case, the customer has the right to terminate the contract prematurely with a notice period of 14 days from the date on which the change takes effect (special right of termination).
6. Consulting services
1 Depending on the separate agreement, the provider shall make consulting services available to the customer. These services in accordance with section 6 are independent of the membership contract via the platform.
2 The customer shall provide the provider with all documents and information necessary for the fulfilment of its tasks completely and in such a timely manner that the provider has a reasonable processing time.
3 The place of performance for the services to be rendered by the provider is the location of the provider’s branch office or the location of the provider’s out-of-town consulting office.
4 The provider is not bound with regard to the working hours and the place of work.
5 If the provider performs the agreed services on the customer’s premises, the customer shall provide appropriate work rooms and work equipment for the performance of the agreed services in good time and free of charge.
6 The embodied work results may only be used by the customer within the scope and for the purposes of the respective agreement and may not be made accessible to third parties outside the purpose of the contract.
7 The provider shall remain entitled to the joint use and any other use of its ideas, concepts, experience, techniques, expert opinions and other work results used or developed in the performance of the Services.
8 The contracting parties undertake to maintain strict secrecy about all confidential processes, in particular business or trade secrets of the other contracting party, which come to their knowledge within the framework of the contractual relationship and neither to pass them on nor to exploit them in any other way. In cases of doubt, the contracting parties are obliged to ask the other contracting party for consent before such disclosure. Furthermore, both contracting parties are obliged to comply with the relevant provisions of data protection law.
The Parties shall not be obliged to maintain confidentiality of such information which becomes generally known, is disclosed by a third party without breaching a confidentiality obligation towards the Party concerned or is required to be disclosed due to statutory obligations.
7. Prices, payment and supply
1 Accessible contents of the platform can be accessed via the account area.
2 Payment shall be made on the platform by means of the payment options offered and, unless otherwise stated, by advance payment.
3 The provider shall provide the customer with the digital content that is the subject of the contract by activating it in the customer’s account. Shipping costs do not arise for this. The activation of the contents takes place within 48 hours. The period for the activation begins with payment in advance.
4 Individual contents can be further edited and supplemented by the provider after activation.
5 In the case of other consulting services, invoicing shall be based on actual expenditure at the hourly rate of the provider unless expressly agreed otherwise.
8 Term and termination
1 The provider grants the customer access to the respective content offered for a limited period of time. The time limit will be announced and recorded before the conclusion of the contract.
2 The term of the contract for the use of the access offered by the provider is based on the presented conditions of the membership version and begins with the day of activation.
After expiry of the contractually agreed term, the access is extended by the respective previously agreed term and can be terminated to the end of the term.
3 The right to extraordinary termination for good cause remains unaffected.
4 At the end of the contract, the account will be deleted completely, with the exception of the content created by the customer, provided that this is still in use by other customers. A further exception is the storage of the customer’s data, insofar as gross violations of the customer against legal regulations, rights of third parties or these GTC exist and are necessary for the rights defense or prosecution of the provider. This also serves as a preventive measure to ensure that this customer cannot register again for the platform. An exception continues to exist in the case of a legal obligation to store data.
5 The provider may take the following measures if there are indications that a customer violates legal regulations, third party rights or these GTC, or that the provider has another justified interest, in particular to protect other customers from fraudulent or infringing activities:
a) Deletion of comments, online content or other content,
b) Warning of customers
c) Limitation of use
d) Provisional blocking
e) Final blocking by termination
6 When choosing the measure, the provider shall take into account the legitimate interests of the customer concerned.
7 In particular, the following acts are prohibited:
– if defamatory, incorrect, insulting, obscene, offensive, sexually oriented, threatening, harassing or racist material and/or statements are disseminated or any kind of pornography, texts or image material is offered, provided or otherwise made accessible via the platform,
– if the platform is used to threaten, harass or insult others or to violate the rights (including personal rights) of others or the rights of third parties (trademarks, rights to a name, copyrights, data protection, personal rights, etc.) or the regulations for the protection of minors.
– if interventions in the technical design and maintenance of the use of the platform occur, in particular if software, scripts, viruses, Trojans, automated queries of the databases by software scripts or comparable mechanisms of any kind whatsoever are used within the platform or made accessible to others.
– if advertising, in particular surreptitious advertising, is published.
9. Cancellation policy
Consumers are entitled to a right of revocation in accordance with the following instructions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
Cancellation policy for consumers
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract
In order to exercise your right of withdrawal, you must inform us (Thorben Janssen, Elser Bruch 63, 33106 Paderborn, phone: +49 5254 8089417, E-Mail: [email protected]) 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. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Premature expiry of the right of withdrawal
The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has begun performance of the contract after the consumer has given his express consent to this and at the same time confirmed his knowledge that he loses his right of withdrawal as soon as performance of the contract begins.
__________________________________________________________________________
Cancellation form
(If you wish to cancel the contract, please fill in and return this form).
To Thorben Janssen, Elser Bruch 63, 33106 Paderborn, E-Mail: [email protected]:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 notification on paper)
– date
_______________
(*) Delete as applicable.
10. warranty
The statutory provisions shall apply to the rights of the customer in the event of material defects and defects of title.
11. Liability
1 Liability for damage to legal assets other than life, limb or health is excluded unless the damage is due to intentional or grossly negligent conduct on the part of the provider, one of its legal representatives or one of its vicarious agents or the conduct is also not a breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
2 In the event of a loss of data caused by intent or gross negligence on the part of the provider, the provider shall be liable exclusively for the costs of copying the data from the backup copies to be made by the customer and for restoring the data that would have been lost even if the data had been properly backed up.
3 The aforementioned exclusions of liability shall not apply insofar as claims under the Product Liability Act are concerned, a defect was fraudulently concealed or a guarantee of quality was assumed.
4 The provider shall make its platform available to the customer upon membership with an availability of 99.8%. The availability refers to the average availability during the operating time of each calendar month. The provider reserves the right to interrupt the provision of services in order to perform scheduled and, in case of emergency, unscheduled maintenance work (the Maintenance Windows). The times of the Maintenance Windows shall not be deemed to be operating times within the meaning of the above provisions. The provider shall give the customer seven days’ notice of Scheduled Maintenance Windows. Unscheduled maintenance windows will be announced by the provider to the customer as far as possible and reasonable in advance. Other temporary interruptions of service due to disruptions of the Internet at third-party providers or third-party network operators as well as in the event of force majeure shall also not be taken into account.
5 In the case of consulting services, the provider makes recommendations, the implementation of which is the responsibility of the client.
12. Final provisions
1 The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In relation to a consumer, this choice of law shall only apply insofar as no mandatory statutory provisions of the state in which he has his residence or habitual abode are restricted thereby.
2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the provider. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.
3 The EU Commission provides a platform for the online resolution of consumer disputes arising from the online sale of goods or the online provision of services (ODR platform). The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr. The email address of the provider in this regard is: thorben at thorben-janssen.com