Terms of use

Terms of Use and Customer Information
for the website

www.skillagility.com

I. General Terms and Conditions of Use

1. Basic provisions
1.1. The following terms of use apply to the use of the internet presence operated under the domain https://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 ability to register for SKILLAGILITY and request services is aimed at both consumers and entrepreneurs. For the purposes of the following rules, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneurs according to Section 14(1) 1 BGB is any natural or legal person or a partnership with legal rights that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
1.3. Unless otherwise agreed, the inclusion of any of the user’s own terms and conditions will be contradicted.

2. Subject of the contract, conclusion of contract
2.1. The subject of the contract is the conduct of online courses ( hereinafter referred to as courses). Users also have access to other functions such as chats and forums (hereinafter referred to as user content). The details, in particular the essential characteristics of the provider’s performance and the description of the content 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 establishment of a user account is required first. After accessing the registration page, the user must provide a salutation, name and e-mail address, as well as specify the user name and password. Before submitting his contract declaration, the user has the possibility at any time to correct, delete or cancel the registration by closing the browser window or selecting the function „back“ 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 provider makes a binding offer to conclude a contract on the terms specified in the article description.
2.4. The contract for the courses is concluded via the online shopping cart system as follows:
The user can select the course he/she has requested after logging in under his user account. The course desired for booking is placed in the „shopping basket“. The user can access the „shopping basket“ via the corresponding button in the navigation bar and make changes there at any time. After accessing the „Cashier“ page and entering the personal data as well as the payment terms, all order data will be displayed again on the order overview page. Insofar as the user uses an instant payment system (e.g. PayPal) as a payment method, he is either directed 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 carried out, the user makes the appropriate selection or input of his data there. Finally, it is redirected back to the order overview page on SKILLAGILITY.
Before submitting the order, the user has the possibility to check all information here again, to change it (also via the function „back“ of the internet browser) or to cancel the booking. By submitting the order via the „Buy now“ button, the user declares the acceptance of the offer legally binding, which results in the contract.
2.5. The processing of 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 ensured and, in particular, that SPAM filters do not prevent it.

3. Prices and terms of payment
Payment of the course fee is due for courses with a term of up to four weeks on the 25th of the month before the course starts, and on a later booking with it. 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 for a later booking with this.

4. Availability
4.1. The provider provides SKILLAGILITY with an availability of 98 per month.
4.2. This does not apply to times used for the maintenance of SKILLAGILITY servers and all downtime for which the provider is not responsible. The regular maintenance windows of SKILLAGILITY servers are every Sunday from 02:00 to 06:00.
4.3. The provisions of Clause 7 of these Terms of Use are not affected by this.

5. Rights to use content
5.1. The content provided by the provider is protected by copyright.
5.2. Users shall receive a non-exclusive, non-transferable and time-limited right to participate in the booked courses in the content provided by the provider. Any additional rights are not granted.
5.3. This right of participation includes access to the courses and the right to access the learning content and for their own use and learning purposes.
5.4. It is prohibited to use the content provided by the provider beyond the use permitted under this agreement or to make it available to third parties privately or commercially in any way. 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 disclaimer
6.1. The content published by users on SKILLAGILITY is not checked by the provider for infringements. The respective user is solely responsible for their correctness, completeness and legality. In particular, the provider has no influence on the correctness, completeness and quality of the content.
6.2. Users can publish their own content on SKILLAGILITY. You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws.
6.3. The provider may temporarily block or delete individual users or contents of a user if the user publishes illegal or in violation of the terms of use content or provides specific information for repeated illegal publication. there are indications.
6.4. The provider will take into account 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 in text form.
6.5. In the event of a temporary blocking of a user or content, the provider will immediately release the user or the content as soon as the suspicion of violation of a legal provision or a provision of these terms and conditions is excluded.
6.6. Users shall infreetheces the provider from all claims of third parties, which they assert due to the violation of their rights by the publication of user content on SKILLAGILITY in accordance with the order. In addition to claims for damages, the exemption also includes compensation for the reasonable legal defense costs incurred as a result of the unlawful or improper use of SKILLAGILITY’s services. The exemption presupposes that a settlement or acknowledgment of claims of third parties is only made with the prior written consent of the user.

7. Liability
7.1. The provider is liable without limitation for damages resulting from injury to life, body or health. Furthermore, the provider is liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of a guarantee and in all other cases regulated by law.
7.2. Insofar as essential contractual obligations of the provider are affected, the liability of the provider in the event of slight negligence is limited to the typical contractual, foreseeable damage. Essential contractual obligations are obligations arising from the nature of the contract, the breach of which would jeopardise 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 fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely.
7.3. In the event of a breach of non-essential contractual obligations, the liability of the provider in the event of slightly negligent breaches of duty is excluded.

8. Assignment
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. Termination
9.1. The user agreement is concluded for an indefinite period of time. It may be terminated by both parties with a period of four weeks without giving reasons, but at the earliest at the end of the respective booked course. The duration of the courses is shown at 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 with regard to the booked courses:
9.2. The contractual relationship with the provider with respect to the booked courses ends automatically after the end of the term of the booked course.
9.3. Before starting a course, the contract can be terminated with a period of four weeks.
9.4. After the start of a course, the ordinary termination for contracts with a term of less than four weeks is excluded.
9.5. After the start of a course with a term of more than one month, the notice period is four weeks.
9.6. The cancellation must be made by e-mail to stefan.lachmann@skillagility.com or in writing to the postal address of the provider referred to in clause II. 1.
9.7. The right to extraordinary termination of both parties remains unaffected. In doing so, the provider is entitled to an extraordinary right of termination, in particular in the event of violations of these Terms of Use.

10. Choice of law
10.1. German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favourability).
10.2. The provisions of the UN Convention on Contracts for the Convention on Contracts for the Resale Rights expressly do not apply.

II. User information

1. Identity of the provider

Stefan Lachmann
Fuchsroehre 9
23623 Ahrensboek
Germany

Phone: +49 4525 6083598
Fax: +49 4525 4009999
Email: 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.

2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with section 2 of the General Terms and Conditions (Part I.).

3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The full contract text is not saved by the provider. Before submitting the order via the online shopping cart system, the contract data can be printed out via the print function of the browser or saved electronically. After receipt of the order with the provider, the order data, the legally required information for distance contracts and the terms of use will be sent to the user again by e-mail.

4. Essential characteristics of the goods or services
The essential characteristics of the goods of the supplier’s services can be found in the respective offer.

5. Prices and payment methods
The prices listed 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 term of the contract and the possibilities for termination are determined by the General Terms and Conditions (Part I).

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