Terms of Service
Version 1.1 from 24.04.2018
- These terms of service apply to the business relationship between the vogella GmbH, Haindaalwisch 17a, 22395 Hamburg, Germany, referred as "vogella" and the User, if the User is an entrepreneur as defined in § 14 of the Civil Code (German BGB) or a legal entity under public law.
- Visitors, users, and others who access and uses the Service, they are referred as “Users”.
- Through the vogella Learning Portal vogella provides an online interactive platform for IT courses, they are refered as “Service”.
- Confirmations or terms and conditions of contractual partners are hereby expressly contradicted. This applies even if the offer or acceptance of contractual parties regards to the priority application of its own general terms and conditions.
- User’s license
- The User receives a non-exclusive, limited and non-transferable license to use the Service for his personal, noncommercial use only and as permitted by the features of the Service. vogella may terminate this license at any time for any reason or no reason.
- The User is not allowed to use any automated system, including without limitation; robots, spiders, offline readers, etc. to access the Service in a manner that sends more request messages to the vogella servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- vogella is allowed, without prior notice, to change the Service; stop providing features of the Service, to the Users; or create usage limits for the Service. With prior notice vogella is allowed to stop providing the Service.
- The User is solely responsible for his interactions with other Users of the vogella Learning Portal. vogella reserves the right, but have no obligation, to monitor disputes between Users. vogella shall have no liability for Users interactions.
- Description of account
- The vogella Learning Portal account gives the User access to the Service.
- A User is not allowed to give access to his account to another User. The User assures to provide accurate and complete information while creating his account and is solely responsible for the activity that occurs on his account. The user has the obligation to keep his account password secure and to use a strong password. Should the User notice any breach of security or unauthorized use of his account, he must notify vogella immediately. vogella will not be liable for any losses caused by any unauthorized use of the users account.
- The User can view and modify his User profile data in the “account settings” page. vogella is allowed to use the User’s email address to send Service-related notices, including any notices required by law. vogella may also use the User’s email address to send other messages, such as changes to features of the Service and special offers. The User can opt in to receive such email messages in his “account settings” page.
- vogella may permanently or temporarily terminate or suspend the User’s access to the Service without prior notice and liability, if in vogella’s sole determination the User violates any provision of this Agreement. #
- Rights to the Service
- The Service provided by vogella may be used as part of your inherent license.
- The content of the Service from vogella are copyrighted. They are available for the User exclusively. vogella reserves all rights to the content of the Service. The User is not authorized to use the content of the Service from vogella to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works. In addition, the German and European copyright regulations apply.
- Visibility of User Content to other Users
- In the vogella Learning Portal, Users are allowed to report issues, propose enhancements, add comments, ask questions, etc. This is referred as User Content. By sharing Content through the Service, the User agrees to allow others to view his Content in accordance with his settings and this Agreement. The User has the option to set User Content private. In this case the User Content will not be made available to other Users.
- The user is not allowed to post User Content which is illegal, threatening, invasive of privacy, obscene, infringing of intellectual property rights (including publicity rights), defamatory or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings or unsolicited commercial electronic messages or any form of spam.
- vogella has the right (but not the obligation) to delete any User Content that is shared via the Service.
- vogella takes no responsibility and assumes no liability for any User Content that a User posts over the Service. The User is solely responsible for his User Content and the consequences of posting or publishing it.
- All data on vogella’s servers are subject to deletion, alteration or transfer at any time for any reason in vogella’s sole discretion, with or without notice with no liability of any kind.
- Subscription fees
- The compensation of the Service is at fixed price. The fees in the current offer from the provider will apply, plus VAT if applicable. By selecting to use the Service the User agrees to the pricing and payment terms.
- vogella’s subscriptions do not renew automatically and end one year after the initial purchase date. 14 days before the User’s subscription ends he will receive an Email from vogella to remind him about the end of his subscription. The User can then renew his subscription according to the prices listed at learn.vogella.com.
- The User can cancel his vogella account at any time; however, there are no refunds for cancellation. Should vogella suspend or terminate the Users account or this Agreement, the User will receive no refund for any unused time on a subscription, subscription fees, any content or data associated with his account, or for anything else.
- For billing purposes all personal information that the User provides in connection with a purchase of the Service must be accurate, complete, and current.
- vogella will take care of the security of the User’s personal information. However, vogella cannot guarantee that unauthorized third parties will never be able to defeat vogella’s security measures or use the User’s personal information for improper purposes. The User acknowledges that he provides his personal information at his own risk.
- The Service may contain links to third-party websites that do not belong to vogella. vogella does not take any responsibility for any such third-party site. Should you access a third party website from the Service, you do so at your own risk.
- Damages restriction
- Damages or compensation claims of the User - for whatever legal grounds - are excluded, unless the damage is an intentional or negligent breach of duty or breach of a material contractual obligation by vogella, their legal representatives or vicarious agents. Material contractual obligations are those who allow the execution of the proper performance of the agreement.
- The compensation claims of the User are limited to the typically foreseeable damages, as long as vogella, its legal representatives or assistants acts in negligence.
- The exclusion or limitation of liability in accordance with Clause. "Damages restriction" and "Agreement typical damages" shall not apply to product liability claims. They also do not apply for damages resulting from injury to life, limb or health of the customer, based on a negligent breach of duty of the provider or an intentional or negligent breach of duty by a legal representative or agent of the provider. Also, do not apply unless the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item.
- For the provider the defense of contributory negligence remains open. The User has in particular the obligation for virus protection according to the current state of technology.
- vogella will not be responsible for any damage, loss or injury resulting from hacking or other unauthorized access or use of the service or your account or the information contained therein.
- The service is provided to the Users a on an “as is” and “as available” basis without warranties of any kind. vogella does not warrant that: the content of the service is correct, accurate or up to date, the service will meet the User’S requirements or the service will be available at any time.
Mandatory information according to Regulation (EU) No 524/2013 of the European Parliament and Council:
For unresolved disputes related to a contract with consumers we like to refer to the EU Online Dispute Resolution platform which may be found at http://EC.europa.eu/consumers/odr/
Mandatory information according to § 36 VBSG:
The company does not commit itself to participate in dispute resolution proceedings before a consumer conciliation body.
- Governing Law and place of jurisdiction
- These terms and conditions are subject to German law. As far as this refers to other jurisdictions, this reference is excluded. The Convention on the International Sale of Goods (CISG) is excluded. As far as the contracting parties are merchants, legal persons under public law or public special assets, exclusive jurisdiction is for both sides, the place of the headquarters of the provider. The same applies when a Party has no general jurisdiction in Germany. The provider is in these cases, however, at its discretion, free to even sue the contractor at its place.
- Changes and additions to this contract, as well as other legally relevant declarations of the parties shall only be made in writing or in text form (for example, e-mail or fax). This also applies to the repeal of this clause; on the form requirement can only be waived by an agreement in writing or text form.
- If any provision or provisions of this Agreement shall be held to be illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- vogella reserves the right to modify or update this Terms of Service at any time without notice. The current version of the Terms of Service can be viewed by clicking on the hyperlink "Terms of Service" at the bottom of the Learning Portal website. These Terms of Service apply in principle to all transactions that are made after they came into effect. In the case that vogella performs changes to the Terms of Service, vogella will notify the User about this changes. Should the changes include regulations that affect an ongoing contractual relationship with the User, the following shall apply: vogella will notify the User in advance of the changes of the Terms of Service and grant the User the option to terminate the contract at least 30 days before the changes take effect. vogella will also inform the User, that the changes will apply, if the User does not terminate the Agreement.