Directors Academy – General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF
DIRECTORS ACADEMY FINANCIAL SERVICES GMBH
1 Scope and Definitions
1.1 For the business relations between Directors Academy Financial Services GmbH
– hereinafter referred to as “DAFS” for short – and the customer shall be governed by these general
contract of use concluded with the customer, these General Terms and Conditions shall apply.
Customers are both consumers and entrepreneurs, but only end users.
1.2 Contradictory, deviating or supplementary general terms and conditions of the customer
of the customer shall not become part of the contract.
1.3 The following terms used in these General Terms and Conditions shall have the following meanings
shall have the following meaning:
1.3.1 “Customer” means the contractual partner of DAFS designated in the User Agreement.
1.3.2 “Authorized User” is a natural person who, according to the User Agreement, is entitled to
use of the subscribed module.
1.3.3 “Consumer” is any natural person who enters into the usage agreement for a purpose that is
purpose which can be attributed neither to his commercial nor to his independent professional activity
(§ 13 BGB).
1.3.4 “Entrepreneur” shall mean a natural or legal person or a partnership with legal capacity
partnership, which acts in the exercise of its commercial or self-employed professional
commercial or independent professional activity (Section 14 (1) BGB).
1.3.5 “Streaming” is the simultaneous and unchanged use with the transmission, in which
no permanent copy is made on the end device of the customer or authorized user.
authorized user is created.
1.3.6 “Session” is the period of time from the time the website belonging to DAFS is called up until the time the user
logout or until the browser is closed.
2 Conclusion of the User Agreement
2.1 The presentation of modules on the websites or in other media of DAFS is not a binding offer by DAFS.
not a binding offer by DAFS. This only gives the customer the opportunity to submit a binding offer for the conclusion of a license agreement.
2.2 In the case of an online order, the customer submits an offer by, after
the online ordering process by activating the button “order subject to payment”.
“order with obligation to pay”. After sending the order, the customer shall receive
an order confirmation by e-mail to the e-mail address provided by him. This
order confirmation is the acceptance of the offer by DAFS. The contract of use
consists of the order confirmation corresponding to the customer’s order as well as these
order confirmation and these General Terms and Conditions.
2.3 In the case of an individual order request, DAFS will send the customer a
signed by the customer and returned to DAFS, which becomes effective upon receipt by DAFS.
which becomes effective upon receipt by DAFS. In addition, these General Terms and
Terms and Conditions.
3 Mandatory Information for Consumers
3.1 DAFS grants to customers who are consumers a right of withdrawal in accordance with the
following cancellation policy.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
to revoke this contract.
The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your
right of revocation, you must notify us (Directors Academy Financial Services
GmbH, Lilienstraße 11, 20095 Hamburg; e-mail: firstname.lastname@example.org) by means of a
an unequivocal declaration (e.g. a letter sent by mail or by e-mail)
about your decision to revoke this contract. You can use the
after the revocation instruction printed model revocation form, which is not mandatory.
however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise
of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall return to you all payments that we have received from you, including delivery costs.
received from you, including delivery costs (with the exception of additional costs,
costs resulting from the fact that you have chosen a type of subsequent delivery other than the cheap standard
the favorable standard delivery offered by us), without undue delay and at the latest within
within fourteen days from the day on which we received the notification of your revocation of this
revocation of this contract has been received by us. For the repayment we use
the same means of payment that you used for the original transaction, unless we have
unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
In no case will you be charged for this repayment.
End of the cancellation policy
Model cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us.
it back to us).
– To Directors Academy GmbH, Lilienstraße 11, 20095 Hamburg; e-mail: office@directorsDirectors
Academy GmbH | Lilienstraße 11, D-20095 Hamburg | Tel: +49 174 695 62 82
Email: email@example.com | Website: www.directorsacademy.de
Managing Director: Dr. Viktoria Kickinger I HRB 143817 Hamburg Local Court | VAT ID: DE309949015
Bank account details: Hamburger Sparkasse IBAN: DE37 2005 0550 1002 2611 78 BIC (SWIFT-CODE): HASPDEHHXXX
– I/we hereby revoke the contract I/we have concluded for the provision of the following service
– Ordered on:
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of paper communication)
3.2 As an online company, we are obligated to inform you as a consumer about the online
Dispute Resolution (OS platform) of the European Commission. This OS platform can be
accessible via the following link: https://webgate.ec.europa.eu/odr. We participate in a
However, we do not participate in dispute resolution proceedings before a consumer arbitration board.
4 Access to modules
4.1 The customer’s access to the modules to which he subscribes is password-protected using the access data
using the access data assigned to the customer by DA. If the subscription is concluded for several
users, each authorized user will receive his own access data and his own password.
password. The communication of the access data for a personal login takes place for technical reasons
encrypted link by e-mail for technical reasons. The customer is therefore obliged
to provide DA with the corresponding e-mail addresses of the authorized users. The customer is
to keep the access data and passwords secret and to prevent unauthorized use by third parties.
unauthorized use by third parties; moreover, he shall ensure that the users concerned also comply with this
users concerned also comply with this obligation.
4.2 The customer shall immediately notify DA of any misuse of access data and passwords.
inform DA. He shall be liable for any misuse for which he is responsible.
5 Obligations of the customer to cooperate
5.1 The customer is responsible for ensuring that in his area the technical prerequisites
for the access to the offers of DA are created and maintained, in particular
hardware and operating system software, the connection to the Internet and the current browser software.
and the current browser software.
5.2 In the event of further development of the offers, it is incumbent on the customer, after informing DA
to make the necessary adjustments to the IT infrastructure used by him.
used by him.
5.3 The customer is obligated to take the necessary precautions to secure its systems, in particular the usual
in particular to use the current security settings of the browser and to use current protective
protection mechanisms to ward off malware.
6. scope of services
6.1 After the conclusion of the user contract DA provides the customer with the content encoded and
and encrypted for streaming.
6.2 The content provided by DA to the customer is legally protected,
in particular by copyrights and ancillary copyrights. With the conclusion of the
the customer the non-exclusive, non-transferable and non-sublicensable right of use.
sublicensable right to use the content within the contractual limits for a limited
for a limited period of time for presentation in the non-public area for non-commercial purposes, taking
non-commercial purposes, taking into account the other provisions of the contractual relationship.
6.3 The Customer shall not be granted 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 the contents, or to
to make copies of the contents, to make the contents available to third parties or to make them publicly accessible,
to copy (burn) the contents onto physical media and/or to copy and transfer the contents to portable
and to transfer them.
6.4 The Customer shall not be entitled to a specific content within the scope of the module abstractly
module described in the abstract according to the type of content, unless DA has specifically promised the customer a certain
content to the customer in concrete terms.
6.5 DA shall exercise the usual care in selecting the content. The completeness, correctness and
and topicality of the contents cannot be guaranteed. We do not assume any
7.1 The remuneration to be paid by the customer for a subscribed module is stipulated in the
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 to be understood as
plus the statutory value added tax applicable at the relevant time.
7.4 DA’s invoices are due for payment without deduction immediately upon receipt by the customer. The
customer may pay by bank transfer or direct debit.
8. property rights
8.1 All contributions published in the modules and in the newsletters are protected by copyright.
protected by copyright.
8.2 Trademarks, company logos, copyright notices as well as other features serving for identification
may not be removed or altered, neither in the electrical format nor in printouts.
9. rights of use of the customer
9.1 In accordance with the usage agreement and subject to the condition that the remuneration owed and due
and due remuneration has been paid to DA, the customer receives the simple, non-exclusive, non-transferable right to use the
transferable right to use the subscribed modules, which right is limited to the duration of the user contract.
9.2 Based on the right of use, the customer is only authorized to stream the content made available to him by DA.
provided to him by DA. He is not permitted to download. The same applies to the
9.3 An authorized user can only be logged in to DA once at a time by user ID and password.
DA at any one time. If the user logs in again using a different browser or a different
device, the previous session is automatically interrupted.
9.4 The customer is obligated to provide DA, upon its request, with written information about the type and
extent of the use if there are objectively comprehensible indications of a use that is
use contrary to the contract. Further rights and claims of DA in the event of use contrary to the
shall remain unaffected.
10. claims in case of defects
10.1 DA shall remedy technical defects within a reasonable period of time. The responsibility of DA
extends only up to the transfer point of the system operated by it to the Internet,
but not to the customer’s systems and data transmission lines beyond the transfer point.
10.2 It is the customer’s responsibility to report defects, malfunctions and damages without
11 Liability for damages
11.1 DA shall be liable, irrespective of the legal grounds, within the scope 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 damages resulting from injury to life, body or
health as well as for damages caused by intent or gross negligence of DA or one of its legal
legal representatives or vicarious agents, as well as for damages due to the non-compliance with a
non-compliance with a guarantee or warranted quality given by DA or due to fraudulent
fraudulently concealed defects.
11.3 DA is liable, limited to compensation of the foreseeable damage typical for the contract, for
damages resulting from a slightly negligent breach of essential contractual obligations by DA, one of its legal
by it, one of its legal representatives or vicarious agents. Essential contractual
obligations are obligations the fulfillment of which is essential for the proper performance of the
and on the observance of which the contractual partner may regularly rely.
11.4 Liability under the Product Liability Act and on the basis of mandatory other legal
provisions shall remain unaffected.
12 Term and termination of the contracts
12.1 The user contract shall be automatically extended by 12 months in each case if it is not terminated with a
the end of the contract term or – after an extension has been effected – at the end of the extension term.
extension – to the end of the extension period by one of the parties.
12.2 Termination shall be in text form (Section 126 b BGB).
12.3 The right of each party to terminate the agreement for cause shall remain unaffected.
12.4 The right of cancellation pursuant to Section 3 of these General Terms and Conditions shall remain unaffected.
13 Data Protection, Secrecy
13.1 The customer is informed that DA stores personal inventory and usage data in machine-readable form.
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 disclosed to third
third parties only if the Customer has given its consent.
13.3 The parties to the contract undertake to keep confidential all information which
of the other party in the course of the performance of the contract.
14 General Provisions
14.1 Place of performance is Hamburg.
14.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly out of the
disputes with merchants, legal entities under public law or special funds under public law shall be Hamburg.
or special funds under public law shall be Hamburg.
14.3 All legal relationships between DA and the customer shall be governed exclusively by the laws of the Federal Republic of Germany.
of the Federal Republic of Germany shall apply to the exclusion of all dispositive provisions of the
conflict of laws provisions which refer to another legal system. The application of the U.N. Sales Law is excluded.