1.1 The following terms of use apply to the use of the internet presence operated under the domain https://www. skillagility.com (hereinafter referred to as "SKILLAGILITY") by Stefan Lachmann (hereinafter referred to as "Provider"). These Terms of Use apply to registered users (hereinafter referred to as "Users").
1.2 The possibility of registering on SKILLAGILITY and requesting services is aimed at both consumers and entrepreneurs. Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes, which can be added predominantly neither to its commercial nor its independent vocational activity. Entrepreneur according to § 14 para. 1 BGB (German Civil Code) is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
1.3 Unless otherwise agreed, the inclusion of any of the user's own terms and conditions is contradicted.
2.1 Subject of the contract is the execution of online courses - (hereinafter referred to as courses). The users have access to additional functions such as chats and forums (hereinafter referred to as user content). The details, in particular the essential characteristics of the service of the Provider as well as the description of the contents provided for retrieval can be found in the service descriptions or the supplementary information on SKILLAGILITY.
2.2 In order to use the services provided by the provider, a free registration and the creation of a user account is required first. After calling up the registration page, the user must enter salutation, name and e-mail address as well as user name and password. Before submitting his contractual declaration, the user has the opportunity at any time to correct or delete his entries or to cancel the registration by closing the browser window or selecting the "back" function of the browser. By submitting his data by confirming the "Register" button, the user accepts the offer of the provider to conclude the user contract.
2.3 Already with the setting of the respective courses on SKILLAGILITY, the offerer submits a binding offer to conclude a contract under the conditions indicated in the article description.
2.4 The contract for the courses is concluded via the online shopping cart system as follows:
After successful registration, the user can select the desired course under his user account. The course desired for the booking is then placed in the "shopping cart". The user can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the terms of payment, all order data is finally displayed again on the order overview page. As far as the User uses an instant payment system (e.g. PayPal) as payment method, he will either be directed to the order overview page of SKILLAGILITY or he will first be directed to the website of the provider of the instant payment system. If the redirection takes place to the respective instant payment system, the user makes the appropriate selection or enters his data there. Finally, the User is redirected back to the order overview page on SKILLAGILITY.
Before sending the order, the user has the possibility to check all details again, to change them (also via the "back" function of the internet browser) or to cancel the booking. By sending the order via the "buy now" button, the user declares the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
2.5 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail and is partly automated. The user must therefore ensure that the e-mail address provided by him/her is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
The payment of the course fee is due for courses with a duration of up to four weeks on the 25th of the month before the course starts, for later bookings with this date. For courses with a duration of more than four weeks, the course fee is due monthly on the 25th of the previous month, the first instalment on a later booking with this.
4.1 The Provider provides SKILLAGILITY with a monthly average availability of 98%.
4.2 Excluded from this are times which serve the maintenance of the servers of SKILLAGILITY, as well as all downtimes which the Provider is not responsible for. The regular maintenance windows of the servers of SKILLAGILITY are every Sunday from 02:00 to 06:00 hours.
4.3 The provisions of section 7 of these terms of use are not affected by this.
5.1 The contents provided by the provider are protected by copyright.
5.2 The users receive a non-exclusive, non-transferable right to participate in the booked courses, which is limited to the agreed contract period. No further rights are granted.
5.3 This right of participation includes access to the courses and the right to call up the learning content and to use it for one's own use and for one's own learning purposes.
5.4 It is prohibited to use the content provided by the provider beyond the use permitted under this contract or to make it available or accessible to third parties in any way, either privately or commercially. A transfer of the rights of use to third parties is not permitted without prior written consent of the provider.
6.1 The contents published by the users on SKILLAGILITY are not checked by the Provider for legal infringements. For their correctness, completeness and legality, the respective user is solely responsible. In particular, the Provider has no influence on the correctness, completeness and quality of the contents.
6.2 The users can publish their own contents on SKILLAGILITY. In doing so, they commit themselves not to transmit any data whose contents violate the rights of third parties (especially copyrights, rights to a name, trademark rights) or violate existing laws.
6.3 The provider can temporarily block or delete individual users or content of a user if the user publishes illegal content or content that violates the terms of use or if there are concrete indications of repeated illegal publication.
6.4 The provider will consider the legitimate interests of the user, in particular the fault, when selecting the measure and justify the blocking or deletion of the user or the content to the user in text form.
6.5 In case of a temporary blocking of a user or content, the provider will immediately release the user or content as soon as the suspicion of a violation of a legal provision or a provision of these terms and conditions is excluded.
6.6 The Users indemnify the Provider from all claims of third parties, which these assert due to the violation of their rights by the publication of User contents on SKILLAGILITY as ordered. The indemnification includes, in addition to claims for damages, the reimbursement of reasonable costs for the legal defense, which arise due to the illegal or improper use of the services of SKILLAGILITY. The indemnification presupposes that a settlement or an acknowledgement of third party claims only takes place with the prior written consent of the user.
7.1 The provider is liable without limitation for damages resulting from injury to life, body or health. Furthermore, the Provider shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee and in all other cases regulated by law.
7.2 As far as essential contractual obligations of the provider are concerned, the liability of the provider is limited to the contract-typical, foreseeable damage in case of slight negligence. Essential contractual obligations are obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely.
7.3 In the event of a breach of insignificant contractual obligations, the liability of the provider for slightly negligent breaches of duty is excluded.
The assignment of claims against the provider to third parties is only possible with written consent. This applies in particular to a transfer of the user account to a third party.
9.1 The contract of use is concluded for an indefinite period. It can be terminated by either party with a notice period of four weeks without giving reasons, at the earliest, however, at the end of the respective booked course. The duration of the courses is shown on the respective course and is displayed to the user on the order overview page before the booking is completed.
For the contractual relationship between provider and user regarding the booked courses applies:
9.2 The contractual relationship with the provider with regard to the booked courses ends automatically upon expiry of the term of the booked course.
9.3 Before the start of a course, the contract can be canceled with a notice period of four weeks.
9.4 After the start of a course, ordinary termination is excluded for contracts with a term of less than four weeks.
9.5 After the start of a course with a duration of more than one month, the cancellation period is four weeks.
9.6 Notice of termination must be sent by e-mail to stefan.lachmann@skillagility.com or in writing to the postal address of the Provider mentioned under II. 1.
9.7 The right to extraordinary termination by both parties remains unaffected. In particular, the Provider shall have the right of extraordinary termination in the event of violations of these Terms of Use.
10.1 German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
10.2 The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
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Stefan Lachmann
Fox tube 9
23623 Ahrensbök
Germany
Phone: +49 4525 6083598
Fax: +49 4525 4009999
E-mail: stefan.lachmann@skillagility.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with Section 2. of the General Terms and Conditions (Part I.).
3.1 Contract language is German.
3.2 The complete contract text is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by the provider, the order data, the legally required information for distance selling contracts and the terms of use are sent to the user again by e-mail.
The essential characteristics of the goods of the services of the provider can be found in the respective offer.
The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
The term of the contract and the possibilities for termination are set out in the General Terms and Conditions (Part I).
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