General terms and conditions (GTCs)

§ 1 Scope

(1) These General Terms and Conditions apply to the use of e-learning courses, hereinafter referred to as "Courses", as well as apps for mobile devices of OTL - Online Trainer GmbH, Fridolinweg 6, 12683 Berlin, hereinafter referred to as "Provider".

(2) These General Terms and Conditions shall apply exclusively. General terms and conditions, including any terms and conditions of purchase of the contractual partner, shall not apply and are hereby excluded. Contractual terms and conditions of the contractual partner shall not become part of the contract even if the supplier does not expressly object to them.

(3) By placing an order or registering, the contractual partner agrees to the validity of these General Terms and Conditions.

§ 2 Conclusion of the contract, availability of the courses

(1) The prices, quotations and descriptions quoted or mentioned do not constitute an offer and may be withdrawn or modified by the supplier at any time before the express acceptance of the order.

(2) Although the Provider endeavors to ensure the availability of the Courses, it cannot guarantee that all Courses can be provided at the time of the order. Should the Provider be unable to process or fulfill the Contractual Partner's order, the Provider may reject it without further liability. If this occurs, the Provider will inform the Contractual Partner of this and refund all payments already made for the Product.

(3) An order placed by the Contractual Partner constitutes an offer directed to the Provider to participate in the course selected by the Contractual Partner under these Terms of Use. All orders placed by the Contractual Partner are subject to subsequent acceptance by the Provider. The order is placed via the processing system provided on the website (Magento online store). The Contractual Partner may also place an order pursuant to sentence 1 with the Provider's employees at trade fairs in which the Provider participates. At trade fairs, the GTC and data protection instructions are displayed and the customer can view them at any time in a confirmation email.

(4) The provider only effectively accepts the offer and the contract is not concluded until the purchase or order has been created in the online store. The enrollment date in the course is the start date of the term.

§ 3 Access to the courses and obligations of the contractor

(1) As a rule, access to the courses is password-protected via remote data transmission using the access data selected by the contract partner (e-mail address and password).

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

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

(4) In case of misuse or default of payment, the provider is entitled to block the access.

(5) The contracting party shall be liable for any misuse for which it is responsible.

(6) The contracting party is responsible for creating the technical prerequisites for access to the courses on its own premises, in particular with regard to the hardware and operating system software used, the connection to the Internet including ensuring the required connection speed, up-to-date browser software and acceptance of the cookies transmitted by the provider's server, and in this respect bears all costs in connection with the fulfillment of these prerequisites. Upon request, the Provider shall inform the Contractual Partner about the browser to be used in each case.

(7) In the event of further development of the software platforms and other technical components of the system by the Provider, it shall be incumbent upon the Contractual Partner, after being informed by the Provider, to independently take the necessary adjustment measures for the software and hardware used by the Contractual Partner (for example, by means of a browser update).

§ 4 Scope of Services, Restrictions on Use, Provider's Right to Make Changes

(1) The contents accessible to the contractual partner within the framework of a course are defined in the service description, from which the agreed nature of the course is also derived.

(2) The e-learning courses are generally available seven days a week, 24 hours a day, with an availability of 98 percent over the calendar year. Availability is calculated according to the following formula: Availability = (total time - total downtime) / total time.

(3) The provider is entitled to change, limit or exchange the contents of the courses as well as to modify modules appropriately with regard to their contents, in particular to reduce or expand them appropriately.

(4) Statements and explanations about the courses in advertising materials as well as on the website of the provider and in the documentation are to be understood exclusively as a description of the condition and not as a guarantee or assurance of a property.

§ 5 Rights of use, period of use, consequences of misuse of rights of use

(1) Within the framework of the contract of use and the following provisions, the contracting party shall receive the simple right to participate in the ordered course, which right shall be limited to the duration of the contract of use and shall not be transferable to third parties.

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

(3) The right to participate is limited to the contract 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 selling, renting, leasing or lending of courses, their contents, videos or documents, is prohibited.

(5) It is not permitted to collect, duplicate or copy elements of the offerings belonging to the courses onto further data carriers or to store them on retrieval systems.

(6) The use of the e-learning course licence is limited to a period of 180 days from the start of the contract, unless a different duration is specified in the service description.

(7) The Provider is entitled to take technical measures to prevent use beyond the contractually permissible scope, in particular to set up corresponding access blocks.

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

(9) The licence agreement does not cover the statutory right to make a copy pursuant to Section 53 UrhG.

§ 6 Rights of the provider

(1) The contents provided by the provider are copyrighted.

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

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

(4) Trademarks, company logos, other marks or protective notices, copyright notices, serial numbers and other features serving to identify the provider or the party granting the right of use, or individual elements thereof, may not be removed or altered.

§ 7 Remuneration, adjustment of remuneration, terms of payment

(1) The remuneration to be paid by the contracting partner for participation in a course is specified in the service description.

(2) Payment for participation in a course must be made in advance. Payment by instalments is excepted. In both cases, all payments must be made in full before the start of the examination.

(3) Examination fees must be paid to the examiner prior to the examination.

(4) If the client is more than 14 days in arrears with the payment of an instalment, the entire remaining amount shall become due at once.

§ 8 Liability for defects, guarantees and warranties

(1) A material defect shall be deemed to exist if the course does not have the contractual quality within the meaning of § 4 (1) and its suitability for use in accordance with the contract is thereby nullified or diminished. An insignificant restriction of the suitability shall not be taken into consideration.

(2) The contractual partner shall immediately notify the provider in writing of any defects, malfunctions or damage that occur.

(3) The supplier shall remedy defects within a reasonable period of time after receipt of a comprehensible description of the defect by the contractual partner.

(4) A right of termination for non-granting of use pursuant to Section 543 (2) No. 1 BGB shall only exist if the defect is not remedied within a reasonable period of time or is deemed to have failed.

(5) No guarantee is given that the use of the courses will not infringe the property rights or copyrights of third parties or cause damage to third parties. The provider is not aware of any such rights to date.

(6) The Provider accepts no liability that the courses are suitable for the purposes of the Contractual Partner.

(7) The right of the contracting party to claim damages in accordance with the provisions of § 9 below if the statutory requirements are met shall remain unaffected.

(8) Discount / voucher code conditions: The various applicable discounts cannot be combined.

§ 9 Delivery and shipping

(1) The supplier shall bear the costs for uninsured shipping. If partial deliveries are made by the supplier, the supplier shall bear the additional shipping costs (also uninsured).

(2) The supplier shall bear the costs for insured shipping. If partial deliveries are made by the supplier, the supplier shall bear the additional shipping costs.

(3) Delivery within the EU is made by Deutsche Post and/or DHL/Hermes. To other countries, either Deutsche Post or its partners DHL or Hermes.

(4) The supplier makes items that require shipping ready for shipment within a processing time of a few days after receipt of payment.

(5) When importing goods into countries outside Germany, there may be import restrictions and import duties may be payable by the customer. These vary in the different customs territories. The customer is responsible for the proper payment of the necessary customs duties and fees.

(6) When purchasing a training course which includes as a feature the dispatch of documents or other parts belonging to the course by express, the consignment will be dispatched on the same day (Monday-Friday, public holidays excluded) if ordered by 3 pm. The choice of shipping service provider is at the discretion of the sender. There is no guarantee of delivery on the following day (Monday-Saturday, public holidays excluded).

§ 10 Limitation of liability

(1) The liability of the supplier for damages and reimbursement of expenses is limited to double the purchase value, irrespective of the reason for liability.

(2) The limitation of liability pursuant to paragraph 1 shall not apply insofar as damage is based on intentional or grossly negligent conduct or fraudulent intent on the part of the Provider or its vicarious agents, as well as for damage based on the breach of obligations for the fulfilment of which the Provider has assumed a guarantee, and for damage arising from injury to life, limb or health or for damage for which liability is assumed under the Product Liability Act.

(3) In the event of a breach of a cardinal obligation, the provider shall also be liable for slight negligence. Cardinal obligations in this sense are essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may rely. In the event of a breach of a cardinal obligation, a claim for damages shall be limited in amount to the damage that was typical and foreseeable at the time of the breach of duty as a possible consequence of the breach of contract (typically foreseeable damage), unless one of the cases mentioned in paragraph 2 applies.

(4) The Supplier's strict liability for defects already existing at the time of conclusion of the contract pursuant to Section 536a (1) first half-sentence BGB is excluded.

(5) The limitation of claims for damages shall be governed by the statutory provisions.

(6) A change in the burden of proof to the detriment of the contractual partner is not associated with the above provisions.

(7) The above provisions also apply in favour of the employees and vicarious agents of the provider.

§ 11 Termination of Contracts, Withdrawal, Termination, Cancellation Costs

(1) The agreed rate has a fixed term in accordance with § 5 paragraph 6 of these conditions.

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

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

(4) Any termination must be made in text form, in the case of extraordinary termination for good cause, stating the reason for termination. Non-use of the Online Campus is not considered a reason for termination in any case.

(5) No payments will be refunded in the event of cancellation of courses.

§ 12 Choice of law, place of jurisdiction, collateral agreements, written form

(1) Legal disputes arising from or in connection with this contract shall be governed exclusively by German law.

(2) For merchants or persons without permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract is Berlin.

(3) There are no verbal ancillary agreements.

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

(5) Online dispute resolution pursuant to Article 14(1), first sentence, of Regulation (EU) No 524/2013 (ODRVO): The European Commission provides a platform for online dispute resolution, which can be found at

Berlin, 25.02.2019

© OTL – Online Trainer GmbH, An den Fuchsbergen 9, 15569 Woltersdorf