General Terms and Conditions
- The General Terms and Conditions shall form part of all contracts concluded with regard to the platform products between the Provider and Jadiliano Education e.K., hereinafter Platform Operator.
The Platform Operator owns several websites that represent a platform offering third-party courses to interested parties. The Platform Operator provides the technical means to realise profile creation and advertising measures for courses.
- In the framework of the platform, the Platform Operator arranges the contact between course providers (Provider) and students.
- The offer of using the platform as Provider only addresses companies. They have the possibility to provide their courses as registered users.
Platform, Access and Registration
- To use the platform as Provider, a user registration is required. A contract on the usage of the portal is concluded with the Platform Operator as soon as the Provider sent a registration form filled in with his complete and correct data to the Platform Operator (Offer) and the Provider sent a confirmation (Acceptance). Input fields can be changed before sending the registration via common keyboard and mouse functions.
- Registration takes place with a corporate account and with it the Provider accepts the respectively applicable Terms and Conditions.
- The Provider shall furnish the data collected in the registration form completely and correctly, if and to the extent that the data is not marked as optional. Providing stage names, pseudonyms or other invented names is not permitted in the framework of collection of the personal name.
- The Provider shall keep his password confidential and shall carefully safeguard his account. The Provider shall undertake to inform the Platform Operator immediately if there is evidence that an account was misused by third parties.
- There is no entitlement to the usage of the platform. In particular in the event of technical failure the Platform Operator makes efforts to remedy such failure, however, cannot guarantee continuous usage possibilities.
Ordering promotion measures
- Within his account, the Provider has the possibility to order for his courses the chargeable promotion measures provided by the Platform Provider for a specific period. To order promotion measures, the Provider can choose between various offers provided by the Platform Operator. The offers presented in the website shall not be offers in the legal sense. With his order, the Provider bindingly declares his contractual offer to use a promotion measure on the platform. Input fields can be changed before sending the order via common keyboard and mouse functions. By clicking on the button that completes the order, the Provider submits a binding contractual offer. After the Provider's offer is received by the Platform Operator, the Platform Operator accepts the contract either explicitly by confirmation or by activating the service. The contract text is not saved by the Platform Operator.
- The costs of the respective advertising measure is shown in the account area. The remunerations shall be due upon invoicing in advance. Payment options are also shown in the account area. The Platform Operator can send the Provider invoices and payment reminders electronically.
Presentation of Providers' Offers, Responsibility
- The Platform Operator shall be responsible for technically integrating the presentation of the Provider profile into the platform.
- The Provider shall have the possibility to show offered services in his profile. Upon agreement between the Provider and his clients on the respective service and the declaration of legally binding contracts, in general, a contract is concluded between the Provider and the client with regard to the respective service. The Platform Operator shall not become a contractual partner in this respect, but shall solely be an intermediary.
- The Provider shall be responsible to ensure that the content delivered by him (presentation text, service descriptions, images etc.) is completely free of third-party rights and is suitable for usage from a legal point of view and may be made available.
- The Provider shall exempt the Platform Operator from all claims, including claims for compensations that may be raised by third parties against the Platform Operator due to a breach of their rights caused by the content published by the Provider on the Platform Operator's websites. The Provider shall bear all costs accruing to the Platform Operator due to such breach of third-party rights, including the costs arising for legal defence. All other rights as well as claims for damages of the Platform Operator shall remain unaffected.
- The Platform operator may have the presentation (any text entries and displays) checked or check it himself for its permissibility. If the Platform Operator suspects that a presentation violates the Terms and Conditions, German law or third-party rights, the Platform Operator shall be entitled to remove the respective presentation from the platform without giving reasons and without this entailing any obligations for the Platform Operator.
- The Platform Operator shall be entitled to technically edit, process and adjust Providers' offers and content in such form that they can be displayed on mobile devices or third-party software applications.
- Generally, all courses mayprovided via the platform in the framework of the legal system. The Provider shall undertake to describe his offers truthfully and shall be liable for any legal information and labelling requirements as well as possible permissions for his offer.
- The Provider shall grant the Platform Operator a non-exclusive right of use with regard to the provided materials for advertising and marketing purposes, in particular on the platform.
- The Provider shall be responsible for the legal structure of his online presence and shall provide respectively required legal texts and information.
- Providers shall not use addresses, contact data and other personal data obtained by using the marketplace for other purposes than for contractual and pre-contractual communication and the respective contractual purposes. In particular, it shall be prohibited to further sell such data or use of for sending advertising, unless the user agreed to such usage beforehand.
Provider's Obligations Towards Third Parties, Liability
- Contractual obligations from possibly concluded contracts with students shall take effect for and against the Provider.
- In case of the unravelling of the contract, this shall take place directly between the Provider and the individualcustomer. The intermediary shall only be required to refer to the Provider's liability in case of disputes with regard to the contract.
- The Platform Operator's liability towards the Provider shall be excluded for damages to other legal assets than life, body or health unless such damages are caused by intentional or grossly negligent behaviour of the Platform Operator, his legal representatives or agents and such behaviour infringes obligations essential for the contract purpose. Essential contractual obligations shall be obligations whose fulfilment enable the performance of the contract in the first place and in the compliance of which the Provider may regularly trust.
The stated exclusions of liability and limitation shall not apply in case of explicit guarantees on part of the Platform Operator as well as in case of claims due to missing warranted characteristics and to the extent that claims according to the product liability law are affected.
- With regard to the restoration of data the Platform Operator shall only be liable to such extent that the Provider took all required and reasonable data protection measures and ensured that data from data material that is maintained in mechanically readable form can be reconstructed with reasonable effort.
- In any case, the Provider shall also be obliged to carry out damage limitation measures. This comprises the timely notification of damages in the framework of further damage minimisation.
- The Platform Operator shall explicitly distance himself from the content of linked websites. If the Provider has learned that a link provided on such websites refers to pages with illegal content he shall immediately send the Platform Operator an email to inform him in order to have the respective link deleted.
Blocking, Deletion, Termination
- The account on the platform may be terminated at any time by the Provider after the expiration of possible promotion measures.
- In case of Provider falling into arrears with his payments, the Platform Operator shall be entitled to block the provided services at the costs of the Provider. In such case, the Provider shall undertake to pay the accrued remuneration.
- The deletion of the account shall take place after invoicing possibly remaining receivables or obligations. An exception is made for statutory data storage obligations.
- This contract shall be governed by the laws of the Federal Republic of Germany with the exception of the CISG.
- Jurisdiction and place of performance of this contract shall be Nuremberg, Germany.