General Terms and Conditions
General Terms and Conditions for ONLINE events of GoDigitalXL UG and face-to-face events of aventaurus Consulting GmbH. The name "Usability Academy" is a brand name used by both companies in the respective business area training.
For ease of reading only, the gender-differentiated spelling is omitted in the following.
1. division of business
1.1 GoDigitalXL UG is responsible for all ONLINE seminars as of 03.01.2020.
ONLINE Seminars:
GoDigitalXL UG
Usability Academy
Bahnhofstr. 1
67655 Kaiserslautern
Phone: +49 631 3160 5793
Fax: +49 631 3160 5794
E-mail
1.2 As of 03.01.2020, Aventaurus Consulting GmbH is responsible for the implementation of all face-to-face seminars.
Classroom seminars:
aventaurus Consulting GmbH
Usability Academy
Bahnhofstr. 1
67655 Kaiserslautern
Phone: +49 631 3160 5793
Fax: +49 631 3160 5794
E-mail
2. scope of application
These General Terms and Conditions apply to all contracts concluded with the Usability Academy, a business division of GoDigitalXL UG and aventaurus Consulting GmbH Kaiserslautern, for participation in seminars and workshops from the Usability Academy's range.
3 Conclusion of contract
Registration for participation in seminars, training courses or other events of the Usability Academy (hereinafter: seminars) must be made in writing using the Usability Academy registration form (by letter, e-mail or fax) or online and must be received in full by the Usability Academy within the deadline specified in the event documents, if applicable. Due to the limited number of participants, registration does not constitute a binding contract. If the Usability Academy offers an information event, the contract will only be concluded after the information event by both parties signing a registration confirmation or a contract.
4 Scope of services and prerequisites for participation
4.1 The scope of the Usability Academy's services (location, time, duration, course topic, instructors, educational goal, price, etc.) results from the description of the Usability Academy programme and the training brochures, which were announced at the time of registration, displayed in the business premises and published on the Internet.
4.2 The Usability Academy can make participation in an event dependent on personal and/or material prerequisites. As far as possible, information about the necessary prerequisites is provided in the Usability Academy programme and on the Internet.
4.3 The learning material will be activated on the eLearning Portal 10 days before the start of the course. If an earlier activation is desired, the possibility of withdrawal ends with the activation.
4.4 The following applies to CPUX-F certification: After receipt of the access data for the eLearning portal to the CPUX-F documents, a minimum fee of 250 euros is due, even if the course is cancelled at a later date. For the other courses: 20% of the course fee.
5. fee
5.1 The participant must pay the contractually agreed fee in accordance with the invoice issued by the Usability Academy. The participant is liable for payment of the fee even if the fee, or parts thereof, are to be paid by a third party (e.g. company, employer, professional development service). The statutory value added tax shall apply. In the event of non-payment of the fee, the participant may be excluded from further participation in the course.
5.2 No discount can be granted for courses that have already been discounted.
6. course location
The courses take place at the Usability Academy, or at a location named in the registration confirmation.
7. right of withdrawal, non-participation and cancellation
7.1 The applicant has a right of withdrawal in accordance with the following conditions:
A withdrawal or cancellation must always be declared in writing (by e-mail, fax or post). Depending on the time of withdrawal, the organiser will charge a fee. The applicant is entitled to prove that no damage or a reduction in value has occurred at all or that the damage or reduction in value is considerably less than the fee charged.
In the event of withdrawal/cancellation, the following amount will be charged or retained:
⇒ from the date of registration to 29 days before the start of the event : 250 € processing fee.
⇒ 28 to 15 days before the start of the event: 25% of the participation fee
⇒ 14 - 8 days before the start of the event: 50% of the participation fee
⇒ 7 days or more before the start of the event: 100% of the participation fee.
No cancellation fee will be charged if a substitute person is named. This change of registration must also be made in writing and must be made by the original registrant. The original registrant remains obliged to pay the participation fee to the organiser until the change has been made.
7.2 The Usability Academy can terminate the contract without notice for good cause in accordance with § 626 BGB. Important reasons are, in particular, the disruption of the processes of the further training events and the non-observance of the house rules despite a request to refrain from the disruption or violation. Partial amounts already due shall not be refunded.
7.3 Cancellation and withdrawal must be made in writing. The relevant time for termination and withdrawal is the time of receipt of the declaration by the recipient of the declaration.
7.4 In the event of mere full or partial non-participation, the participant remains obliged to pay the full participation fees. This applies irrespective of whether the default is the fault of the participant or not.
7.5 In the event of a withdrawal, no PayPal fees will be refunded for PayPal payments.
8. change and cancellation of events
The Usability Academy reserves the right to cancel or change an event under the following conditions up to 7 calendar days before the start:
8.1 A cancellation or postponement can only be made if there is a creditable interest on the part of the Usability Academy. This is particularly the case if the minimum number of participants is not reached or if the event cannot be held due to force majeure, impossibility or the speaker's absence.
8.2 The participant will be notified of this under the contact details stated in his/her registration. In the event of cancellation, any participation fee already paid will be refunded. The same applies in the event that the participant is unable to attend the new alternative date of the respective event. Further claims on the part of the participant are excluded.
8.3 The Usability Academy reserves the right to replace speakers, to name additional speakers and to change the course of the event, provided that this does not change essential features of the event and the change is reasonable for the participant. The participant cannot derive any claims from this, e.g. for withdrawal from the contract or reduction of the fee.
9 Liability
The Usability Academy is liable for the obligations arising from the contract with the due care of a prudent businessman. Claims by the participant for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the Usability Academy is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the Usability Academy and damages based on an intentional or negligent breach of duties typical of the contract by the Usability Academy. A breach of duty by the Usability Academy is equivalent to a breach of duty by a legal representative or vicarious agent.
10 Data Protection and Copyright
10.1 Personal data of the participant will be processed by the Usability Academy exclusively for the purpose of handling the event. It will not be passed on to third parties.
10.2 The participant receives ownership of the copyrighted course documents issued for the respective event and undertakes not to pass these on to third parties or make them accessible to third parties.
11. cancellation policy for consumers
If you are a consumer and have transmitted this registration to us by means of a means of distance communication (e.g. by letter, fax or e-mail), you have a right of withdrawal. In this case, please note the following cancellation policy:
Right of withdrawal
You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons. The time limit begins after receipt of these instructions in text form, but not before you have also been provided with a contract document, your written application or a copy of the contract document or the application and also not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:
ONLINE Seminars:
GoDigitalXL UG
Usability Academy
Bahnhofstr. 1
67655 Kaiserslautern
Presence seminars:
aventaurus Consulting GmbH
Usability Academy
Bahnhofstr. 1
67655 Kaiserslautern
Phone: +49 631 3160 5793
Fax: +49 631 3160 5794
E-mail
12. consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received goods or services or benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of revocation and for us with its receipt.
12.1.1 Special notes Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.
End of the cancellation policy
13. final provisions
13.1 The place of performance and jurisdiction for all obligations arising from this agreement is - as far as legally permissible - Kaiserslautern. If a contractual partner fulfils the requirement of § 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the Usability Academy.
13.2 Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that is as close as possible in meaning to the invalid provision and is valid.
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