General Terms and Conditions for our E-Learning Courses (AGB)

Welcome to AGOR Academy E-LEARNING (a division of AGOR AG). We are your contact for practical and modern online training courses. We always qualify your employees according to current law and teach data protection, compliance, and information security. We guarantee professional competence and high topicality.

This claim also applies to our General Terms and Conditions. The inclusion of general terms and conditions is a matter of trust and your trust is important to us. We respect you as our partner. The comprehensible formulation and balanced design of our General Terms and Conditions of Business are therefore an important concern for us.

In our General Terms and Conditions, we inform you about how you can participate in our online trainings and which rules apply.

  1. scope of application, general information

1.1 These General Terms and Conditions (“GTC”) apply to the participation in our online training courses and the use of our platform. We are AGOR Academy E-LEARNING (AGOR AG, Hanauer Landstraße 151-153, 60314 Frankfurt am Main, Germany, telephone: +49 69 904 37 965, e-mail: info@agor-ag.com). You can find further information about us in our imprint. If you visit our website or take part in our online training courses, our data protection information also applies.

1.2 In our General Terms and Conditions we inform you about how you can participate in our online training courses and use our offer and which rules apply. Our offer is directed exclusively at natural or legal persons who participate in online training courses in the exercise of their commercial or self-employed professional activity (“entrepreneurs”) and in particular not at natural persons who participate in such courses for predominantly private, non-commercial or professional purposes (“consumers”). Consumers cannot participate in our online training courses.

1.3 If you wish to use our offer for your employees, you undertake to inform your employees about the content and validity of these GTC and to ensure that they comply with our GTC.

  1. subject matter of the contract, conclusion of the contract

2.1 We offer practical and modern online training courses on data protection, occupational safety, compliance and information security. You can find the exact details and details on the content, scope and procedure of our online training courses in the respective descriptions and information of our online training courses.

2.2 You can book our online training courses for the desired number of participants via our booking portal or by contacting our sales team directly.

To book in the online booking portal, select the appropriate online training course and number of participants and enter the required information (e.g. about you or your company, your payment details) in the input fields and click on the “Book Now” button at the end of the booking process. After your booking, you will receive a booking confirmation from us with the details of your booking and the access or retrieval data for the online training course that is the subject of the contract, through which a contract is concluded.

The booking via direct contact is concluded by your confirmation of offer. After your booking and receipt of payment you will receive the access or retrieval data for the online training course which is the subject of the contract. Bookings that include an individually agreed or specific duration have the respective agreed duration and are extended by the duration of the respective duration if they are not cancelled in writing at least four weeks before the end of the respective duration. Bookings via our online booking portal have a contract term of 12 months and end automatically at the end of the contract term.

2.3 We also offer you the option of integrating our online training courses into your own learning platforms. Bookings that include an individually agreed or specific duration have the respective agreed duration and are extended by the duration of the respective duration if they are not cancelled in text form at least four weeks before the end of the respective duration. The booking of optional services is made by individual correspondence with us.

2.4 We also offer you an optional cooperation in which you distribute our courses as a white-label solution yourself. Please contact us individually if you are interested in this optional service.

2.5 We reserve the right not to accept your booking or to accept it only partially without giving reasons. There is no entitlement to a specific booking of an online training course, unless expressly stated otherwise. Furthermore, we reserve the right to temporarily or permanently not to make certain online training courses available for retrieval. There is no claim to a certain availability of an online training course, unless expressly stated otherwise.

2.6 With regard to the possibility of receiving individually produced explanatory videos. A separate contract is concluded between the buyer and AGOR AG. Please contact us individually if you are interested in this optional service.

  1. prices, terms of payment

3.1 The prices stated in the description of the online training or other services apply. Payment can be made using the payment methods offered in each case. We reserve the right to exclude certain payment methods in individual cases. If payment against invoice is offered, we reserve the right to check creditworthiness in individual cases.

3.2 Our claims are due upon receipt of the invoice and are payable without deduction within 14 days if they are not collected directly. A payment shall only be deemed to have been made when we can dispose of the payment amount. If a payment is refused and you are responsible for this, we are entitled to charge you for the additional costs, expenses or other claims resulting from the delay in payment.

3.3 Offsets against AGOR AG are excluded, unless the counterclaim is undisputed or has been legally established.

  1. rights of use

4.1 Our online training courses and parts thereof are subject to industrial property rights and are protected by copyright, among other things. The rights of use and exploitation are the exclusive property of AGOR AG and we reserve all rights in this respect which are not expressly granted to you.

4.2 In order to enable you to participate in our online training courses or to integrate or distribute them depending on your individual booking, we grant you a simple, transferable right to use the online training courses that are the subject of the contract, exclusively for the respective booking and there limited to the participants specifically booked or released for distribution, exclusively within the scope of our General Terms and Conditions. In particular, you are not entitled to make the online training courses or parts thereof available to unauthorised third parties, to make them publicly accessible, to process them (in particular not to remove, obscure or suppress branding from us or our partners), or to use or exploit them in any other way than that agreed. The right of use expires – depending on the booking – upon expiration or consumption of the contractual online training courses or upon expiration of the agreed contract period.

4.3 As far as we integrate already existing online trainings of you on our platform in case of individual booking, you grant us a simple, free of charge right to (a) publish, host, store, reproduce, distribute, make publicly accessible, as well as, as far as this should be necessary for the integration, (b) process or (c) sublicense to third parties, which is transferable exclusively to the booked integration. Of course, you retain your rights to the content, for which you are solely responsible. We do not adopt them as our own, nor are we obliged to check them in any way whatsoever. In particular, you are obliged in this context to observe and comply with all applicable laws and other legal provisions and, in particular, not to include any content that violates the rights of third parties (including but not limited to copyrights, trademark rights, personal and industrial property rights of third parties) or which are unlawful, misleading, malicious, discriminatory, pornographic, sexist, threatening, insulting, libellous, obscene, defamatory, ethically offensive, glorifying violence, harassing, are unsuitable for minors, are racist, immoral, inciting to hatred of the people, hostile to foreigners or otherwise despicable or reprehensible, or contain viruses, worms, Trojans or other malicious malicious code that may endanger or impair the functioning of our platforms. We are entitled at any time to temporarily or permanently delete or remove content that is illegal or violates our General Terms and Conditions without prior notice and without giving reasons.

4.4 In the event that you violate the aforementioned provision, you shall indemnify us against all justified claims of third parties arising from such violation. We reserve the right to take appropriate measures ourselves to defend ourselves against third-party claims, as well as to claim damages, including the reasonable costs incurred by us in this connection, insofar as these are not reimbursed by third parties (e.g. legal protection insurance), and to assert other justified claims of our own against you.

  1. liability and warranty

5.1 We make no representations or warranties that the results you intend to achieve by using our online training courses will be achieved. In particular, we do not owe any specific successes, results or other outcomes that you intend to achieve. In particular, our online training courses also do not constitute individual legal advice or legal structuring. We therefore expressly point out that you yourself are responsible for implementing any content you have learned and that you should also subject this to your own legal assessment if necessary.

5.2 We are not liable for damages that lie outside our area of responsibility or that are due to an improper use of our online training courses. Regardless of the legal grounds, we shall only be liable for damages caused intentionally or by gross negligence or in the case of culpable damage caused by us due to injury to life, body or health, or in the case of culpable violation of a major contractual main or cardinal obligation, the fulfilment of which makes proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract or on the fulfilment of which you may regularly rely. In this case our liability is limited to the foreseeable damage typical for the contract. Any further liability on our part is excluded. Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions.

  1. data protection and other provisions

6.1 Within the framework of the fulfilment of the contract by AGOR Academy E-Learning (AGOR AG), the personal data of the course participants is processed. For this purpose, the order processing agreement between AGORAG and the customer, which can be accessed at www.agor-ag.com/academy, is concluded upon conclusion of the contract. The customer reserves the right to submit a deviating order processing agreement prior to conclusion of the contract, which will then form the data protection basis of the personal data processing, provided that it meets the requirements of Article 28 DSGVO and is accepted by AGOR AG.

6.2 AGOR AG is entitled to use the name and logo of the customer for reference purposes, for example on its own website or in customer presentations. This can be revoked by the customer at any time, unless otherwise agreed.

6.3 You are independently obliged to fulfil the (stated) minimum technical requirements (e.g. installed program for calling up the common video players, broadband stable internet connection) for participation in our online training courses.

6.4 We make every effort to provide our online training courses as permanently as possible without disruptions. However, this is technically not possible. Therefore, we do not guarantee a trouble-free provision or a certain availability of our online trainings. In particular, we may have to restrict access to them or to certain functions in whole or in part, temporarily or permanently. In addition, there is no claim that we will permanently maintain individual functions; in particular, we may adapt, change or discontinue these functions at any time.

6.5 German law shall apply exclusively to our General Terms and Conditions, excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for disputes arising from these GTC is Frankfurt.

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