General Terms and Conditions WBT


0. Note gender-sensitive language

The "gender-sensitive spelling" is also an important issue at ACEP eTraining GmbH. One thing is particularly important to us: You have to understand us!

These General Terms and Conditions WBT regulate our contractual rights and obligations and in this context describe the learning management system (LMS) we use. For reasons of the currently available technical programming (DE: "Der Teilnehmer" / EN: "The user") we have therefore decided to use the masculine form (generic masculine) for these General Terms and Conditions WBT and the cancellation policy. In the sense of linguistic simplification, this should be understood as gender-neutral - this form of language is value-free and does not imply any discrimination against other genders.

1. Scope

(1) These general terms and conditions apply to the use of e-learning courses - hereinafter referred to as "WBT" - from ACEP eTraining GmbH - hereinafter referred to as "provider".

(2) Any general business or purchasing conditions of the contractual partner do not apply and do not become part of the contract even if the provider does not expressly contradict them.

2. Conclusion of contract / Registration 

(1) The prices and course offers published on the website of the provider do not yet represent a binding offer of the provider. They can be withdrawn or changed by the provider at any time before the expressed acceptance of the order by the contractual partner.

(2) The contract is only concluded when the provider has sent the participants of the contractual partner the access data (user name and password).

(3) Although the provider endeavors to ensure the availability of the displayed WBT, he cannot guarantee that all WBT are available at the time of the order. If the provider is unable to fulfill the contract partner's order, the provider can reject it without any further liability. In this case, the provider will inform the contractual partner and reimburse all payments already made.

3. Access to WBT and obligations of the contractual partners

(1) Access to the WBT is password-protected by means of remote data transmission using the access data sent to the contractual partner.

(2) The access data are only valid for one user.

(3) The contractual partner is obliged to keep the access data and passwords secret and to prevent unauthorized use of the WBT by third parties.

(4) In the event of misuse, the provider is entitled to block access.

(5) The contractual partner is liable for any misuse for which he is responsible.

(6) The contractual partner is responsible for creating the technical requirements for access to the WBT, in particular with regard to the hardware and operating system software used, the connection to the Internet including ensuring the connection speed, the current browser software and the acceptance of the cookies transmitted by the provider's server and bears all costs in connection with the fulfillment of these requirements. Upon request, the provider will inform the contractual partner about the browser to be used.

(7) In the case of further development of the software platforms and other technical components of the system by the provider, it is incumbent on the contractual partner to independently take the necessary adjustment measures for the hardware and software used by the contractual partner after being informed by the provider.

4. Scope of services / Restrictions on use / The provider's right to change

(1) The WBT are carried out in accordance with the course offerings published on https://acep-etraining.de, the applicable statutory provisions and the recognized rules of technology.

(2) The WBT are generally available seven days a week, 24 hours a day, whereby an availability of 98% calculated over the calendar year is ensured.

(3) Changes to the content that change the course objective are permitted if they are made with the consent or at the request of the bodies responsible for the recognition of the desired qualifications.

(4) Statements and explanations about the WBT in advertising materials as well as on the provider´s website and in the documentation are intended solely as a description of the quality and not as a guarantee or assurance of a property.

5. Rights of use / Period of use / Consequences of abuse of rights of use

(1) The contractual partner receives the simple, non-transferable right to use the ordered WBT, limited to the duration of the usage contract.

(2) The right of use during the term of the contract includes access to the contractual WBT as well as the authorization to access (online) learning content on a data processing device (computer) belonging to the contractual partner or a third party for own learning purposes.

(3) Use is restricted to the contractual partner. The retrieved documents may only be used by him for his own use during the period of use.

(4) Any commercial transfer, in particular the selling, renting, leasing or lending of WBT, its content or documents is not permitted.

(5) It is not permitted for unauthorized third parties to collect elements of the computer programs belonging to the WBT, to reproduce them, to copy them to other data carriers or to save them on retrieval systems.

(6) The use of a WBT license is limited to a period of 45 days from the time of booking the WBT, unless a different duration is specified in the course offer.

(7) The provider is entitled to take technical measures to prevent use beyond the contractually permissible scope, in particular to install appropriate access barriers.

(8) The contractual partner is not entitled to use devices, programs or other means that serve to circumvent or overcome the technical measures of the provider. In the event of a breach by the contractual partner, the provider is entitled to block access to WBT immediately and to terminate the contract without notice. Further rights and claims of the provider, in particular claims for damages, remain unaffected.

(9) The usage contract does not include the legal right to make a copy in accordance with Section 53 UrhG.

6. Property rights 

(1) The content provided by the provider is protected by copyright.

(2) All rights established thereby, in particular those of reprinting, translation, reproduction by photomechanical or similar means, storage and processing with the help of EDP or their distribution in computer networks - even in extracts - are reserved to the provider or the authors and reserved for license holders.

(3) The contractual partner does not receive any ownership or exploitation rights to the content or programs provided.

(4) Brands, company logos, other marks or protection notices, copyright notices, serial numbers, as well as other features that serve to identify the provider or the right of use or individual elements thereof may not be removed or changed.

7. Terms of payment / Remuneration

(1) The usage fee is due upon receipt of the invoice without any deductions. Payment is made to the provider's account stated on the invoice, stating the invoice number. The usage fee for a WBT has to be paid in advance.

(2) In the event of default, any outstanding invoice amounts shall be charged interest at 4 percentage points above the base rate in accordance with Section 247 of the German Civil Code (BGB).

(3) The contractual partner can only offset claims that have been legally established or are undisputed by the provider. The contractual partner is only authorized to exercise a right of retention if his claim is based on the same contractual relationship.

(4) If the contractual partner is in default with the settlement of the invoice despite setting a reasonable grace period, the provider can withdraw from the contract, withdraw a certificate that has already been issued, demand compensation for non-performance and refuse to continue performing the contractual services.

(5) Objections to the provider's invoices must be made in writing within 14 days of receipt of the invoice.

8. Liability for defects / Guarantees and assurances 

(1) A material defect is present if the WBT does not have the contractual quality in the sense of section 4.1 and the suitability for contractual use is thereby canceled or reduced. An insignificant limitation of the suitability is not taken into account.

(2) The contractual partner must notify the provider of any defects, malfunctions or damage immediately by email (service.etraining@acepgroup.de).

(3) The provider corrects defects after receiving a comprehensible description of defects from the contractual partner within a reasonable period of time.

(4) A right of termination due to non-granting of use in accordance with Section 543, Paragraph 2, No. 1 of the German Civil Code (BGB) only exists if the defect is not remedied within a reasonable period of time or is to be regarded as having failed.

(5) No guarantee is given that the use of the WBT will not interfere with the property rights or copyrights of third parties or that it will not cause any damage to third parties. The provider is not yet aware of any such rights.

(6) The provider assumes no liability that the WBT are suitable for the purposes of the contractual partner.

(7) The right of the contractual partner to claim damages in accordance with the provisions in Section 9 below, if the legal requirements are met, remains unaffected.

9. Limitation of Liability 

(1) The liability of the provider for damages and reimbursement of expenses regardless of the legal basis, in particular in the event of a breach of obligations from the contractual relationship and from unlawful acts, is limited to three times the amount of the respective usage fee.

(2) This aforementioned limitation of liability does not apply if the damage is based on malice, willful or grossly negligent behavior on the part of the legal representatives of the provider or his vicarious agents, or for the fulfillment of which the provider has given a guarantee or for damage resulting from injury to life or body or health or for damage, according to the product liability law.

(3) A claim for compensation for damages based on the breach of obligations that are essential for the fulfillment of the contract (cardinal obligations) is limited in amount to the damage that is typical and typical at the time of the breach of duty as a possible consequence of the breach of contract was foreseeable (typically foreseeable damage), as long as none of the cases mentioned in Section 9.2 is given.

(4) The no-fault liability of the provider for defects already existing when the contract was concluded in accordance with Section 536a Paragraph 1 Half. 1 BGB is excluded.

(5) The statute of limitations for claims for damages is based on the statutory provisions.

(6) The above provisions also apply in favor of the provider's employees and vicarious agents.

10. Termination of contracts / Withdrawal / Termination

(1) The agreed WBT has a fixed term in accordance with section 5.6 of these terms and conditions.

(2) A cancellation must be made by email (office.etraining@acepgroup.de). 

(3) The right of each party to extraordinary termination for good cause remains unaffected.

(4) Upon termination of the contract, the provider is entitled to immediately block the contractual partner's access to the respective WBT.

(5) Every termination must be made by email (office.etraining@acepgroup.de), in the case of extraordinary termination for an important reason, stating the reason for the termination. Failure to log in or view course elements of the WBT shall in no case be deemed a termination.

(6) In the event that a WBT is canceled after viewing course elements by the participant(s), no payments will be reimbursed.

11. Force majeure

(1) In the event of force majeure, which prevents the use of the WBT, the contractual partner has no entitlement to the implementation of the educational measure. In this case, the parties are entitled to terminate the contract. Claims for compensation for any loss of work are excluded. The following events in particular are deemed to be force majeure: war, orders by force majeure, sabotage, damage caused by construction work (internet connection), strikes and lockouts, natural disasters, geological changes and impacts.

(2) Each contracting party is obliged to notify the other party with all details immediately after the occurrence of a force majeure event. In addition, the parties have to advise on appropriate measures to be taken.

12. Choice of law / Place of jurisdiction / Subsidiary agreements / Written form 

(1) German law applies exclusively to legal disputes arising from or in connection with this contract.

(2) The place of jurisdiction for all legal disputes arising from or in connection with this contract is Hamburg, Germany.

(3) Verbal collateral agreements do not exist.

(4) Additional or deviating agreements must be made in writing to be effective. The written form requirement can only be waived by written agreement.

13. Data protection

(1) The provider's data protection regulations apply. (https://acep-etraining.de/en/datenschutz)

(2) The contractual partner agrees that test results or similar performance records of the participants will be sent directly to them and / or the client in unencrypted form by email.


 

Revocation instruction WBT and revocation form (end consumer)

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us - ACEP eTraining GmbH - of your decision to withdraw from this contract by means of a clear declaration (email to office.etraining@acepgroup.de). You can use the model withdrawal form, but this is not mandatory. 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 the withdrawal

If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

Exclusion of the right of withdrawal

The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to execute the contract and a participant has viewed a course element of the booked WBT after you have expressly consented to our execution of the contract before the expiry of the cancellation period and you have confirmed that you are aware that by giving your consent you will lose your right of cancellation at the beginning of the execution of the contract.


Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

To ACEP eTraining GmbH, Espellohweg 44, 22607 Hamburg, Mail: office.etraining@acepgroup.de 


I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Name of the participant(s)

Date

(*) Delete where inapplicable.

End of revocation

 

Dispute settlement

Dhe EU Commission has provided a platform for online dispute resolution. This platform can be reached under the following link: ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.