General Terms and Conditions (GTC)
The following general terms and conditions (hereinafter referred to as “GTC”) of Edutron GmbH (hereinafter referred to as “EDUTRON”) apply to the use of all services offered by EDUTRON on the Internet or online. Deviations from these GTC or the special terms of use for individual services are only deemed to be agreed if they have been expressly confirmed in writing by EDUTRON as the provider. In particular, the mere omission of an objection to other GTC does not result in these being deemed to be agreed.
1. Definitions of terms
2. Areas of application
3. Right of access and participation
4. Revocation instruction
5. Scope of services
6. Visitor and user rights
7. Duties of the user
8. Liability
9. Rights of use
10. Provisions on termination
11. Privacy policy
12. Final provisions
1. Definitions
1.1. The following definitions apply to the remainder of the GTC.:
EDUTRON is Edutron GmbH, Hannoversche Straße 15, 10115 Berlin, represented by the managing directors Bas Edsard Cancrinus and Dr. Markus Lemmens.
1.2. he registration is the creation of a user account. With this registration a contract of use is concluded.
1.3. All services that are not subject to registration are considered to be open areas. All other services form the closed area.
1.4. The person who accesses the services of the open area independently of a registration is a visitor of the Internet services.
1.5. The user is the person who has set up a user account in the closed area and logged in for use.
1.6. EDUTRON is the provider – irrespective of the respective operator of the internet site – and therefore the sole contractual partner of the user regarding the services offered by EDUTRON.
2. Areas of application
2.1. The following GTC apply to the entire online area of EDUTRON. This includes in particular the offers and services on the following internet sites: edutron.io, vindedu.com and app.vindedu.com. The GTC in their respective current version form the legal basis for the use of the open area.
2.2. The GTC in the version valid at the time of the entering into the contract are a necessary part of the usage contract to be concluded as a prerequisite for access to the closed area.
2.3. The provider reserves the right to determine further contractual contents for the individual service offers.
3. Right of access and participation
3.1. The visit and participation in the open area is basically open to everyone, subject to the following provisions.
3.2. owever, the provider expressly reserves the right to restrict the visit and participation in the open area as a whole or for individual services to certain groups of persons.
3.3. Registration is required for any further use. Registration is basically possible for all persons and companies with legal capacity. The completion of the registration form is considered an offer to conclude a contract of use. There is no claim to registration.
3.4. The user account set up with registration is not transferable.
3.5. The data marked as mandatory information during registration must be provided completely and truthfully by the user and updated as necessary.
3.6. E-mail addresses or usernames chosen by the user himself must not be used to violate the rights or feelings of other users that are worthy of protection or to violate applicable laws and regulations.
4. Revocation policy
4.1. Right of withdrawal
The user has the right to revoke this contract within fourteen days without giving reasons. In order to exercise that right of revocation, the user must inform EDUTRON (Edutron GmbH, Hannoversche Straße 15, 10115 Berlin, Tel.: +49 (0) 30 55 074 902, E-Mail: [email protected]) of their decision to revoke this contract by means of a clear statement (for example a letter sent by post or an e-mail). In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
4.2 Consequences of the revocation
If the user revokes this contract, EDUTRON must reimburse the user for all payments it has received from the user immediately and at the latest within fourteen days from the day on which EDUTRON received notification of their revocation of this contract. EDUTRON will use the same means of payment for this refund as the user used for the original transaction, unless expressly agreed otherwise; in no event will EDUTRON charge the user any fees for this refund.
5. Scope of services
5.1. In the use of any third party services to which access is provided through the EDUTRON pages or which are advertised by EDUTRON on its pages, contractual relationships are only established between the user and the respective offering third party. Within the framework of its services the provider is not responsible for the services of third parties which are connected to the pages of the provider through a link. In the case of such links, the contractual conditions and general terms and conditions of the respective third party apply. The provider expressly assumes no liability or warranty for this.
5.2. The provider provides the services to visitors and users subject to availability. Restrictions of use due to maintenance work, further developments or other disturbances and, if applicable, data loss or other impairments caused by these do not justify any claims for damages from the visitor or user. The provider is entitled to terminate, expand or change his services at any time – if necessary after a reasonable period of notice.
6. Visitor and user rights
6.1. The user or visitor is entitled to use the offered services and the provided content for his own information purposes. A prerequisite for the use of that content is the retention of any copyright notices and the names and trademarks that may be given, as well as ensuring that the authorship is acknowledged by third parties.
6.2. The use of the internet services of the provider in the closed area is only allowed after conclusion of a contract of use.
6.3. In the case of services against payment, the regulation on the amount of the fees and the method of payment is part of the respective contract of use.
6.4. The contents of the services provided by the provider are only intended for the designated use by the visitor and user. This applies to all content published on the EDUTRON pages (texts, images, graphics, video, sound and animation files, including its design and source code). The aforementioned content is protected by copyright, both as individual services and as a collection. It may not be duplicated, distributed, changed or made accessible to third parties in any form by visitors or users without the appropriate permission of the provider.
7. Duties of the user
7.1. The user is solely and comprehensively responsible for any content (texts, images, graphics, sound, video and animation files, including the design and source code) that they may have posted.
7.2. The user undertakes not to violate applicable law and the contractual provisions when using the content and services of EDUTRON. This applies to any form of recording, storage and distribution of such content.
7.3. The user must in particular keep their content free of information which serves to incite sedition; which represents, glorifies or instructs violence; which is sexually offensive or pornographic; which contains racist or sexist statements, contains viruses or spam messages or contains other violations of common decency in general and forms of behavior in Internet traffic in particular.
7.4. The user indemnifies the provider from claims of third parties, which are asserted against the provider due to violations of rights by the user. The indemnification includes the costs for an appropriate prosecution in case of a corresponding claim against the provider. A visitor or user can only offset against claims of the provider or EDUTRON with undisputed or legally established claims.
8. Liability
8.1. The liability of the provider for damages due to violation of contractual performance obligations or in case of unauthorized actions according to §§ 823 ff. German Civil Code by the provider or his vicarious agents is limited to intentional or grossly negligent violations. This does not apply to damages resulting from the violation of a cardinal obligation or in the event of delay or impossibility, if the occurrence of the damage could reasonably be expected at the time of conclusion of the contract. Such liability for damages therefore does not include any special, incidental or indirect damages or consequential damages, such as loss of profit, interruption of business, loss of business information, etc. Furthermore, liability is excluded, unless mandatory legal regulations contradict this.
8.2. In particular, the provider assumes no liability for the content, functionality or legality of third-party websites to which reference is made by means of links.
8.3. The responsibility for all user information and content that the user stores, publishes or transmits using the services offered by the provider lies exclusively and without restriction with the user. This also applies to content acquired from other sources and reused by the user.
8.4. The limitation of liability does not include damages due to injury to life, body or health.
9. Rights of use
9.1. With the possible posting of content in any form, in picture, writing or film, the user bindingly declares that they hold all rights to this posted content and confirm in a legally binding manner that the publication of this content does not violate any legal regulations or the rights of third parties.
9.2. The user transfers to the provider or EDUTRON the non-exclusive, temporally, spatially and in content unrestricted right to use the content (texts, images, graphics, sound, video and animation files, including the design and source code) free of charge as often as desired – temporally, spatially and in content unrestricted – for all websites operated by the provider or EDUTRON. EDUTRON is in particular entitled to present and publish the content online and offline and to make it available to internal and external users in every conceivable way. This includes, among other things, the duplication, distribution, rental, electronic storage and use for advertising through publishing, including print. EDUTRON is further entitled to cut or modify the content uploaded by the user before further use. In so far as no other agreement has been made or legal regulations stand in the way of this, remuneration for the use or exploitation of these rights is generally not owed.
10. Provisions on termination
10.1. Both contracting parties have the right to terminate the contract of use within a period of one week without giving reasons.
10.2. The provider particularly reserves the right to terminate the contract if the user violates the applicable law or the GTC and to block the user’s access to the EDUTRON internet sites . This also includes the right to warn the user in the event of infringements, to delete the user’s data and contributions even without the user’s consent, to deny the user access temporarily or indefinitely.
10.3. In case of serious violations of the legal regulations the provider reserves the right to forward the user’s data to the investigating authorities.
11. Privacy policy
11.1. With regard to the collection and use of the user’s personal data, EDUTRON’s data protection regulations apply (see Data protection declaration).
12. Final provisions
12.1. The provider is entitled to change these terms and conditions at any time. In particular, he reserves the right to adapt individual provisions in the event of their invalidity. The provider will notify the user about the change of the GTC applicable to them.
12.2. The change of the GTC is considered to be approved by the user if they do not object to the notification or terminate the contract of use within one month after receipt. In the event of an objection, the provider is entitled to terminate the user’s contract.
12.3. Place of performance is Berlin, Germany.
12.4. If the visitor or user is a registered trader or a legal entity under public law, the place of jurisdiction for all disputes of a pecuniary nature arising directly or indirectly from the contractual relationship is Berlin, Germany. An exclusive place of jurisdiction to be determined shall remain unaffected by this.
12.5. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Status: July 2020