Directors Academy – General Terms and Conditions
1. Scope and Definitions
1.1 For the business relations between Directors Academy GmbH – hereinafter referred to as “DA” – and the customer, these General Terms and Conditions of Business apply in addition to the contract of use concluded with the customer. Customers are both consumers and entrepreneurs, but only end users.
1.2 Conflicting, deviating or supplementary general terms and conditions of the customer shall not become part of the contract.
1.3 The following terms used in these General Terms and Conditions of Business have the following meaning:
1.3.1 “Customer” is the contractual partner of DA designated in the contract of use.
1.3.2 “Authorised User” is a natural person who is entitled to use the subscribed module in accordance with the usage contract.
1.3.3 “Consumer” is any natural person who concludes the usage contract for a purpose which cannot be attributed to his commercial or self-employed professional activity (§ 13 BGB).
1.3.4 “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, upon conclusion of the usage contract, is acting in the exercise of his commercial or self-employed professional activity (§ 14 Paragraph 1 BGB).
1.3.5 “Streaming” is the simultaneous and unmodified use of the transmission, during which no permanent copy is made on the end device of the customer or authorized user.
1.3.6 “Session” is the period of time from calling up the website belonging to DA until logout or until closing the browser.
2 Conclusion of the User Agreement
2.1 The presentation of modules on the websites or in other media of DA is not a binding offer by DA. This only gives the customer the opportunity to make a binding offer to conclude a contract of use.
2.2 In the case of an online order, Customer makes an offer by sending the order by activating the button “order subject to payment” after having gone through the online ordering process. After submitting the order, the customer will receive an order confirmation by e-mail to the e-mail address provided by the customer. This order confirmation is the acceptance of the offer by DA. In this case, the contract of use consists of the order confirmation corresponding to the Customer’s order and these General Terms and Conditions.
2.3 In the case of an individual order DA will send the Customer a contract of use which is signed by the Customer and returned to DA and which becomes effective upon receipt by DA. These General Terms and Conditions of Business apply in addition to this.
3 Mandatory information for consumers
3.1 DA grants customers who are consumers a right of revocation in accordance with the following revocation instruction.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (Directors Academy GmbH (haftungsbeschränkt), Lilienstraße 11, 20095 Hamburg; e-mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post or by e-mail) of your decision to revoke this contract. You may use the sample revocation form printed after the revocation instruction, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of subsequent delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for the repayment as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
End of the cancellation policy
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back to us).
– To Directors Academy GmbH, Lilienstraße 11, 20095 Hamburg; e-mail: email@example.com
– I/we hereby revoke the contract concluded by me/us for the provision of the following service:
– Ordered on:
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
3.2 As an online company, we are obliged to refer you as a consumer to the European Commission’s Online Dispute Resolution Platform (OS Platform). This OS platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, we do not take part in any dispute resolution proceedings before a consumer arbitration board.
4. access to modules
4.1 Access by the Customer to the modules to which he subscribes is password-protected using the access data assigned to the Customer by DA. If the subscription is taken out for several users, each authorised user will receive his own access data and password. For technical reasons, the access data for a personal login will only be communicated by e-mail with an encrypted link. The Customer is therefore obliged to provide DA with the corresponding e-mail addresses of the authorised users. The Customer is obliged to keep the access data and the passwords secret and to prevent unauthorised use by third parties; moreover, he shall ensure that the users concerned also comply with this obligation.
4.2 Customer shall notify DA immediately of any misuse of access data and passwords. He shall be liable for any misuse for which he is responsible.
5. customer’s duty to cooperate
5.1 The Customer is responsible for creating and maintaining the technical prerequisites for access to the offers of DA in his area, especially with regard to the hardware and operating system software used, the connection to the Internet and the current browser software.
5.2 In the event of further development of the offers, it is the responsibility of the Customer, after informing DA, to make the necessary adjustments to the IT infrastructure used by him.
5.3 The Customer is obliged to take the necessary precautions to secure his systems, in particular to use the current security settings of the browser and to use up-to-date protection mechanisms to defend against malware.
6. Scope of services
6.1 After the conclusion of the contract of use, DA will provide the content to the Customer encoded and encrypted for streaming.
6.2 The contents made available to the Customer by DA are legally protected, in particular by copyright and ancillary copyright. Upon conclusion of the contract of use, the Customer is only granted the non-exclusive, paid, non-transferable and non-sublicensable right of use to use the content within the contractual limits for a limited period of time for presentation in the non-public area for non-commercial purposes, taking into account the other provisions of the contractual relationship.
6.3 The customer does not receive any further rights of use. In particular, he shall not be entitled to edit or change the contents in any way, to make copies of contents, to make the contents available to third parties or to make them publicly accessible, to copy (burn) contents to physical carriers and/or to copy and transfer them to portable playback devices.
6.4 Customer has no claim to a specific Content within the scope of the module described abstractly according to the type of Content, unless DA has specifically promised Customer a specific Content.
6.5 DA will apply the usual care for the selection of the content. However, the completeness, correctness and topicality of the contents cannot be guaranteed. We do not assume any liability for this.
7.1 The remuneration to be paid by the customer for a subscribed module is specified in the contract of use.
7.2 The remuneration for the subscribed module shall be paid in advance for a period of six months.
7.3 All prices – unless they are expressly designated as gross prices – are subject to the statutory value added tax applicable at the relevant time.
7.4 Invoices from DA are due for payment without deduction immediately after receipt by the Customer. The Customer may pay by bank transfer or direct debit.
8. Industrial property rights
8.1 All contributions published in the modules and in the newsletters are protected by copyright.
8.2 Trademarks, company logos, copyright notices and other features serving for identification purposes may not be used in either electrical format or
printouts can be removed or changed.
9. Rights of use of the customer
9.1 In accordance with the usage contract and on condition that the remuneration owed and due has been paid to DA, Customer shall receive the simple, non-exclusive, non-transferable right to use the subscribed modules, limited to the duration of the usage contract.
9.2 On the basis of the right of use the Customer is only authorised to stream the content made available to him by DA. He is not permitted to download. The same applies to the authorised user.
9.3 An authorised user can only be registered with DA once at any one time by means of user ID and password. When logging in again with a different browser or device, the previous session will be automatically interrupted.
9.4 The Customer is obliged to provide DA with written information on the type and scope of use at DA’s request if there are objectively comprehensible indications of use in breach of the contract. Further rights and claims of DA in case of use in breach of contract remain unaffected.
10. Claims in case of defects
10.1 DA shall rectify technical defects within a reasonable period of time. The responsibility of DA only extends to the transfer point of the system operated by DA to the Internet, but not to the systems of the Customer and data transmission lines beyond the transfer point.
10.2 It is the Customer’s responsibility to report any defects, malfunctions and damages immediately.
11. Liability for damages
11.1 DA is liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the following clauses 11.2 to 11. 4.
11.2 DA shall be liable without limitation for damage resulting from injury to life, body or health and for damage caused by intent or gross negligence on the part of DA or one of its legal representatives or vicarious agents, as well as for damage resulting from non-compliance with a guarantee or warranted quality given by DA or from fraudulently concealed defects.
11.3 DA is liable, limited to compensation for the foreseeable damage typical for the contract, for such damage which is based on a slightly negligent breach of essential contractual obligations by DA, one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely.
11.4 Liability under the Product Liability Act and other mandatory statutory provisions shall remain unaffected.
12 Duration and termination of the contracts
12.1 The contract of use for a module contains a minimum contract period. It shall be automatically extended by the extension period defined in the user contract if it is not terminated by one of the parties with a notice period of four weeks to the end of the minimum contract period or – after extension – to the end of the extension period.
12.2 Notice of termination must be given in text form (§ 126 b BGB).
12.3 The right of each party to extraordinary termination for good cause remains unaffected.
12.4 The right of revocation according to clause 3 of these General Terms and Conditions remains unaffected.
13 Data protection, Secrecy
13.1 Customer is advised that DA collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship.
13.2 All personal data will be treated confidentially and will only be passed on to third parties if the Customer has given his consent.
13.3 The parties to the contract undertake to treat confidentially any information from the area of the other party which they become aware of in the course of the execution of the contract.
14 General provisions
14.1 The place of performance is Hamburg.
14.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with merchants, legal entities under public law or special funds under public law is Hamburg.
14.3 All legal relations between DA and the Customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding all non-mandatory provisions of conflict of laws, which are contained in
refer to another legal system. The application of the U.N.- purchase right is excluded.