1 Basic provisions
1.2 The possibility of registering on SKILLAGILITY and asking for services is aimed at both consumers and entrepreneurs. Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to either their commercial or independent professional activity. Entrepreneur according to § 14 Section 1 BGB is any natural or legal person or legal partnership that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.
1.3 Unless otherwise agreed, the inclusion of own conditions used by the user may be objected to.
2 Subject-matter of the contract, conclusion of contract
2.1 The subject of the contract is the conduct of online courses – (the courses referred to below). Users also have other features available, such as chats and forums (the following are user content). The details, in particular the essential features of the provider’s performance and the description of the content provided for retrieval, can be found in the performance descriptions or the supplementary information on SKILLAGILITY.
2.2 Free registration and the establishment of a user account are required to use the provider’s services provided. After accessing the registration page, the user must provide address, name and email address as well as set username and password. Prior to submitting his contract declaration, the user has the option at any time to correct his entries, to delete them or to cancel the registration by closing the browser window or selecting the “back” function of the browser. By sending his data by confirming the “Register” button, the user accepts the provider’s offer to conclude the usage contract.
2.3 Already by adjusting the respective courses to SKILLAGILITY, the provider makes a binding offer to conclude a contract on the terms and conditions specified in the article description.
2.4 The contract for the courses is concluded through the online shopping basket system as follows:
After registration, the user can select the course he wants under his user’s account. The course desired for the booking is placed in the “shopping cart.” Via the corresponding button in the navigation bar, the user can access the “shopping cart” and make changes there at any time. After visiting the “checkout” page and entering the personal data as well as the payment terms, all order data will be displayed again on the order overview page. If the user uses an instant payment system (e.g. PayPal) as the payment method, he is either led to the order overview page of SKILLAGILITY or he is first forwarded to the website of the provider of the instant payment system. If the forwarding to the respective instant payment system is made, the user then makes the corresponding selection or input of his data. Finally, he is directed back to the order overview page on SKILLAGILITY.
Before sending the order, the user has the option to check all information again, to change it (also via the “back” function of the internet browser) or to cancel the booking. By submitting the order via the “Buy now” button, the user declares legally binding acceptance of the offer, which makes the contract possible.
2.5 The order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail and in some cases automated. The user must therefore ensure that the e-mail address provided by him is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that the SPAM filter is not prevented.
3 Prices and payment terms
Payment of the course fee is due for courses lasting up to four weeks at the 25th of the month before the course starts, and for a later booking with this. For courses lasting more than four weeks, the course fee is due monthly on the 25th of the previous month, the first rate for a later booking with this one.
4.1 The provider provides SKILLAGILITY with an availability of 98% per month.
4.2 This excludes times that are used to maintain SKILLAGILITY’s servers and all downtime that the provider is not responsible for. The regular maintenance windows of SKILLAGILITY’s servers are every Sunday from 02:00 to 06:00 CET.
5 Use rights to content
5.1 The content provided by the provider is copyrighted.
5.2 Users are granted a non-exclusive, non-transferable and time-limited right to participate in the booked courses in the content provided by the provider. Any rights beyond this will not be granted.
5.3 This subscription right includes access to the courses and the entitlement to retrieve the learning content and for one’s own use and learning purposes.
5.4 It is prohibited to use the content provided by the provider beyond the use permitted in accordance with this contract or to make it available or in any way available to third parties privately or commercially. A transfer of the rights of use to third parties is not permitted without the prior written permission of the provider.
6 Responsibility for content, user accounts and liability exemption
6.1 The content published by users at SKILLAGILITY will not be checked by the provider for infringements of the law. Only the respective user is responsible for their correctness, completeness and legality. In particular, the provider has no influence on the accuracy, completeness and quality of the content.
6.2 Users can publish their own content on SKILLAGILITY. You undertake not to transmit data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws.
6.4 The provider will take into account the legitimate interests of the user, in particular the fault, when selecting the measure and will justify the blocking or deletion of the user or content to the user in text form.
6.5 In the event of a temporary suspension of a user or content, the provider will immediately release the user or the content as soon as there is a suspicion of a violation of a legal provision or a provision of these Terms and Conditions. Excluded.
6.6 Users release the provider from all third-party claims that they assert as a result of the violation of their rights by publishing user content on SKILLAGILITY in accordance with the order. In addition to claims for damages, the exemption also includes the reimbursement of the reasonable costs for legal defense incurred as a result of the unlawful or improper use of SKILLAGILITY’s services. The exemption presupposes that a comparison or acknowledgement of third-party claims is made only with the prior written consent of the user.
7.1 The provider is fully liable for damage caused to injury to life, body or health. Furthermore, the provider is liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of a guarantee and in all other legally regulated cases.
7.2 If significant contractual obligations of the provider are concerned, the liability of the provider in the event of slight negligence is limited to the foreseeable damage typical of the contract. Essential contractual obligations are obligations arising from the nature of the contract, the violation of which would jeopardise the achievement of the purpose of the contract, as well as obligations imposed by the Contracting provider on its content in order to achieve the purpose of the contract, The fulfillment of its fulfillment makes the proper implementation of the contract possible in the first place and its compliance is conditional on the user on a regular basis.
7.3 In the event of breach of non-essential contractual obligations, the liability of the provider in the event of slightly negligent breaches of duty is excluded.
The cession 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 indefinitely. It may be terminated by both sides with a period of four weeks without giving any reasons, but at the earliest at the end of the course booked. The duration of the courses is shown at the respective course and is shown to the user on the order overview page before the booking is completed.
The contractual relationship between provider and user with respect to the prices booked applies:
9.2 The contractual relationship with the provider with respect to the booked courses automatically ends after the expiry of the booked course.
9.3 Before starting a course, the contract may be terminated with a period of four weeks.
9.4 After the start of a course, due dismissal for contracts with a term of less than four weeks is excluded.
9.5 After the start of a course with a duration of more than one month, the notice period is four weeks.
9.6 The cancellation shall be made by e-mail to stefan.lachmann[at]skillagility.com or in writing to the provider’s postal address referred to in paragraph II.
10 Legal choice
10.1 German law applies. For Consumers, this choice of Law applies only to the extent that this does not deprive The protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favouritism).
10.2 The provisions of the UN Sales Law explicitly take place
II User Information
1 Identity of the provider
Phone: + 49 4525 6083598
Telefax: + 49 4525 4009999
Email: stefan.lachmann [at] skillagility.com
Alternative Dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible under https://ec.europa.eu/odr.
2 Information on the achievement of the contract
The technical steps to the conclusion of the contract, the conclusion of the contract itself and the corrective possibilities are made in accordance with Section 2 of the General Terms and Conditions (Part I.).
3 Contract language, contract text storage
3.1 Contract Language is English.
4 Essential features of the goods or services
The essential features of the goods of the provider’s services can be found in the respective offer.
5 Prices and payment modalities
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.
6 Contract term and termination
The duration of the contract and the possibilities for termination arise from the terms and conditions (Part I).