Terms and Conditions
§ 1 Preamble
The NAME_IHRER_PLATTFORM runs with its website "IHRE_URL" (platform) an internet portal for booking and organizing interactive webinars (online classes). It provides registered users (members) on this platform the technical requirements to set and book webinar offers for communication between the members and to implement webinars and other online events in virtual conference rooms.
§ 2 Field of application
For the contractual relations between NAME_IHRER_PLATTFORM and the members only the following commercial terms and conditions are valid. General terms and conditions of members do not apply.
§ 3 Registration
To use the platform, the free registration as a member is required. Only contractually capable natural persons can register as members.
For registration please use the on the platform provided registration form and fill it completely and truthfully by specifying a username and a password and send it to NAME_IHRER_PLATTFORM. The membership name may not contain contact information as email or internet addresses nor harm the rights of third persons - especially no name or trademark rights - and may not violate moral standards. NAME_IHRER_PLATTFORM is authorized to require documental evidence to prove the indicated data.
By submitting the registration form, the user submits a binding offer to conclude an NAME_IHRER_PLATTFORM membership contract establishing a free basic membership ("free"). The membership agreement is concluded by confirming the registration and the activation of a user account by NAME_IHRER_PLATTFORM. There is no entitlement of the user on a membership agreement.
Each user may register only once.
§ 4 Identity of the contractual partner
The contract is concluded with the NAME_IHRER_PLATTFORM
Authorized representative of the CEO: IHR_NAME
Registration number in the trade register:
§ 5 Services of NAME_IHRER_PLATTFORM
NAME_IHRER_PLATTFORM provides members of the platform the technical options for the communication between teachers and participants and the initiation of contracts and the organization of webinars in a virtual classroom. Each member can use the platform as a teacher and as a participant of a webinar.
Members can create member profiles, set webinar offers and applications, read the webinar offers and applications of other members, book webinars, post quotes on applications, hold presentations in the virtual classrooms and participate in webinars in the virtual classroomsr actively or passively.
NAME_IHRER_PLATTFORM settles payments between participants and teachers as a clearing house (see §10). NAME_IHRER_PLATTFORM does not check the creditworthiness of members.
§ 6 Booking of webinars
The booking of webinars indeed takes place at the platform ""IHRE_URL, but the contracts for a participation on a webinar (webinarcontract) are not concluded with NAME_IHRER_PLATTFORM, but with the respective teacher when he or she confirms the booking. After booking a webinar NAME_IHRER_PLATTFORM transfers the contact data of the contract partner to the respective members.
NAME_IHRER_PLATTFORM does not arrange contracts between the members and makes no announcements on contracts for members. In particular, messages that are sent with the system of NAME_IHRER_PLATTFORM (system messages) are no statements of NAME_IHRER_PLATTFORM on behalf of the members.
The fulfillment of the webinar contracts is in the responsibility of the respective teachers and participants. The teachers are solely responsible for the legality, accuracy, completeness and quality of their webinar offers and their webinars.
§ 7 Cancellation
If a member uses the platform as a consumer, in other words for a purpose that has neither a commercial background nor self-employed business activity, the member can revoke the membership contract as follows:
Consequences of revocation
§ 8 Use of the platform
I. General conditions
The platform must be used only for information about webinars, to participate in webinars and to perform webinars and other online events in the virtual classrooms.
The members are obliged to keep their password secret and so to ensure the access to their member account. If there are any indications that third parties have procured unauthorized access to the member's account, NAME_IHRER_PLATTFORM has to be notified immediately and the password has to be changed by the member.
If the data change that have been deposited with the registry of the member, the member's account has to be updated about this change, immediately.
Since NAME_IHRER_PLATTFORM has only a limited review about the accurancy of the deposited member data, even when written evidence is submitted, the provision of false information is not excluded. Therefore each member has to check the contractors identity by himself or herself.
The member's account may not be transferred to third parties.
Contact data of other members which have become known through the use of the platform may be used only for the (pre-) contractual communication.
On the platform, in the webinars and in other events no data shall be set, no statement shall be made, no information shall be given and no contents shall be transferred which violate law or morality or injure rights of third persons or discriminate persons of other races, of other ethnic origin, of other gender, of other religion or belief, disability, age or sexual orientation.
Members may only advertise on the platform for webinars which also are held on the platform.
You may not do anything, tolerate or encourage anything that might disturb the orderly operation of the platform, in particular the orderly operation in the virtual classrooms.
To use the platform, especially for the organization of a webinar and for the participation in a webinar and other online events, the compliance of the following technical conditions are required:
- a standard DSL connection
- an Internet browser (e. g. 'Internet Explorer' from version 7 on, Chrome or 'Mozilla Firefox')
- the program 'Adobe Flash Player 10'
- for active participation: headphone and microphone
- for passive participation: speaker
The members agree to comply with the technical minimum requirements and to check if the connection to the virtual conference rooms can be established in good time prior to a webinar or the participation in a webinar. In case of technical troubles they further agree to remedy existing malfunctions early enough whose rectification they are responsible for. If a connection cannot be established, NAME_IHRER_PLATTFORM must be informed in time. You can contact NAME_IHRER_PLATTFORM via the contact information in the imprint of the website or via the service hotline 0241 – 400 476 80.
II. Use of the platform as a participant
Only those members who have booked the webinar may attend these. For other persons the active or passive participation is not allowed.
III. Use of the platform as a teacher
Teachers are allowed to perform their webinars and other online events only if a compliance with the minimum technical requirements is guaranteed (see § 9 I Nr. 4)
You are obliged to describe the content of you webinar in your webinar offers and to inform about the beginning of the webinars, the minimum number of participants and the registration fee.
The teachers are solely responsible for compliances with the legislation in force. NAME_IHRER_PLATTFORM draws particular attention to the observance of relevant rules of distance selling law, the teleservice law, tax law, the provisions of the price regulation, the Distance Learning Protection law and the obligations in electronic commerce.
The webinars, which are offered and booked on the platform are to be held in the virtual classrooms of NAME_IHRER_PLATTFORM.
If a webinar has not been booked yet, it can be changed or deleted by the teachers. The deletion of a webinar offer that has already been booked is only possible through NAME_IHRER_PLATTFORM.
NAME_IHRER_PLATTFORM is authorized to delete a webinar offer or a webinar or other online events from the platform, if there is an evidence of violation against § 9 INo. 3 of the terms and conditions by setting offers or the implementation of webinars and other online events. A webinar offer or a webinar can also be deleted if the minimum number of participants is not achieved at the start of the event or if the webinar was not fullly conducted. A claim for the publication in the marketplace does not exist.
If a teacher cancels a webinar, which was already booked by the minimum number of participants, the teacher has to notify NAME_IHRER_PLATTFORM and the participants about this. Upon notification of cancellation the webinar will be deleted from the platform.
To ensure a trouble-free flow of payments (see § 11), the teachers oblige that their current bank account is deposited at NAME_IHRER_PLATTFORM. In case that a teacher is responsible for a chargeback or incorrect entries, the teacher is obligated to pay the resulting costs within 14 days on the specified account of NAME_IHRER_PLATTFORM. Without prejudice to other rights NAME_IHRER_PLATTFORM is entitled to disable the teachers' account if such paymant has not been made on time and if NAME_IHRER_PLATTFORM has threatened the teacher with a lock of his account by a writing or per email 14 days before. If it is not reasonable for NAME_IHRER_PLATTFORM to observe the waiting period, NAME_IHRER_PLATTFORM is allowed to disable the members' account immediately and without prior notice.
IV. Use of the platform as an affiliate
You automatically take part in the NAME_IHRER_PLATTFORM affiliate programm, as soon as you publish your affiliate link. In this case you agree that you also take part in the affiliate contest for marketing purposes and that your first name, last name and your profile image may be published, if you are one of the winners.
§ 9 Member profile and evaluation of the teachers
NAME_IHRER_PLATTFORM can classify members who are active as a teacher professionally (or in addition) within a period of six months, as experts and label his or her profile accordingly. The classification as an expert can only be made if NAME_IHRER_PLATTFORM gets submitted relevant written certificates for the professional or part-time activity as a trade certificate and training certificates, employment contract or billings from other seminar providers and a copy of the identity card or passport. There is no claim to become classified as an expert.
§ 10 Exclusion of a member
NAME_IHRER_PLATTFORM can exclude a member and his or her account as well as delete all his or her webinar offers and webinars, if NAME_IHRER_PLATTFORM has indications that the member transgresses essential obligations of the terms and conditions or if the member has been assessed negatively, repeatedly. NAME_IHRER_PLATTFORM will inform the member about the planned exclusion via email to give him or her the possibility to response. In the case of urgency, NAME_IHRER_PLATTFORM is not obligated to this. In every case, NAME_IHRER_PLATTFORM will take account of the member's legitimate interests. The right of extraordinary termination remains unaffected.
§ 11 Technical availability
Due to technical reasons, NAME_IHRER_PLATTFORM cannot guarantee permanent full availability of the servers on which the platform is operated. At times, the availabilty of the platform may be limited - especially because of necessary maintenance or repair work. NAME_IHRER_PLATTFORM will inform all members about the implementation of planned maintenance work and its extent in time by an information on the platform. If the system breaks down unpredictably, NAME_IHRER_PLATTFORM will notify the members if possible about the extent and the duration of the outage.
§ 12 Liability
NAME_IHRER_PLATTFORM is not liable for material damage and pure financial losses - on whatever legal reason - that arise in connection with the use of the platform, unless the damage arised from the infringement of an essential contractual duty or some other intentional or roughly careless breach of obligation by NAME_IHRER_PLATTFORM, their legal representatives or their assistants. Material contractual obligations are obligations whose fulfillment allow the proper execution of the contract and make the achievement of the purpose of the contract possible, so the contracting party can trust on, and as well obligations, which are for the protection of the contractor and its contractual legal positions of fundamental importance.
The liability for material damage and pure financial losses as a result of slightly negligent breach of a contractual obligation is limited to the replacement of the predictable damages when the contract was concluded.
§ 13 Set-off
Members may set off against claims of NAME_IHRER_PLATTFORM only with undisputed claims or those declared final and absolute by a court.
§ 14 Release
The members undertake to exempt NAME_IHRER_PLATTFORM from all claims of other members or third parties, which enforce these because of the violation of their rights due to the use of the platform through the respective member against NAME_IHRER_PLATTFORM. This does not apply if the member is not responsible for the violation of rights. The obligation for exemption includes the acquistion of apporpriate legal defense costs.
§ 15 Final clauses
I. Modification of the terms and conditions
NAME_IHRER_PLATTFORM may change these terms and conditions at any time without giving any reasons. The modified terms and conditions will be sent to the members at least three weeks before the scheduled come into force under the typographical emphasis of changes by email.
The members can contradict to the changes within three weeks of receipt of that email. When a member continues the membership without contradicting the changes within this period, the amended terms and conditions are approved. NAME_IHRER_PLATTFORM will point out the consequence of a consistent continuation of the contract in that email.
II. Applicable Law
The law of the Federal Republic of Germany shall apply. If a person concludes a membership contract as a consumer, i.e. for a purpose which cannot be regarded as a professional or commercial activity, the provisions of the state in which the user has his habitual residence are to be granted, insofar as they provide the user with greater protection than the law of the Federal Republic of Germany.
If the member is a merchant, a legal entity under public law or special fund under public law, or the member has no general jurisdiction in Germany, STADT is the jurisdiction for any disputes arising in connection with the membership contract and the use of the platform. This also applies if a member has no general jurisdiction in Germany, moved his residence or usual place of residence after registration from the scope of the Federal Republic of Germany or even if the domicile or the habitual residence is not known at the time of the legal action has been risen.
IV. Severability Clause
The ineffectiveness of a fiscal condition does not affect the validity of the remaining terms and conditions.
As of : AKTUELLES_DATUM
In addition, the following conditions of edudip GmbH shall apply:
§ 1 Fees
I. Participation fees
The fees for the participation in the webinars (participation fees) conform to the contractual agreements between trainer and participant. The payment of the participation fee is due upon a successful booking. If a participant selects direct debit, he or she is responsible for the generated costs in the case of a failed direct debit (currently 5,95 EUR per failed debit). In case of a chargeback when paying by credit card, the participant is responsible for a cancellation fee of currently 47,60 EUR per chargeback.
§ 2 Cancellation charges
If a trainer cancels his paid webinar, he or she has to pay a cancellation charge of 2,50 EUR net per registered participant. If a participant cancels his registration of a paid webinar, the participant has to pay a cancellation charge of 5,95 EUR.
§ 10 Payments
The edudip GmbH is responsible for the payments relating to the payment of the participation fee between participants and trainers with the following provisions. Since the edudip GmbH acts only as a clearing centre the creditworthyness of members is not checked by the edudip GmbH.
The participation fees are to be paid by the participants before the start of the webinar to the edudip GmbH. Once the payment is received by the edudip GmbH, it provides the participant with a link with which it is possible to participate in the booked webinar.
Via the system of the platform, bills of the bookings are sent automatically via email on behalf of the presenter to the participants. The teachers will automatically receive a copy of the respective invoice by email.
Participation fees are paid by the edudip GmbH to the trainer after the conduction of the webinar.
The edudip GmbH is technically able to determine whether a webinar was performed or not. If edudip determines through such a test that a webinar has not been held or if a teacher notifies edudip about a cancellation of a webinar that has already been booked, the claim of a teacher's withdrawal of the participation fee expires and in this case edudip reimburses the participants' registration fee in full return to the participants. This does not apply for a webinar that was deficient or not implemented in full length.