GENERAL TERMS OF USE

Version 08/2016

The following terms and conditions apply to services provided by everycademy UG (haftungsbeschränkt) (hereinafter referred to as “everycademy”) in conjunction with the terms and conditions set out in the subscriber form for registered users (“Subscriber”).

1. The everycademy portal

1.1 Services provided by everycademy are limited to the provision of the portal at the domain everycademy.com (“the Portal”). The various options for Subscribers to offer courses via the Portal or to book participation in a course, are described in the portal description and the respective order form.

1.2 Contracts for course participation are concluded exclusively between the respective participants. everycademy is not itself party to any of these contracts.

1.3 In light of the technical design of the Portal, in particular the fact that the Portal may be accessed solely via the Internet, interruptions in the availability of the Portal are possible such that the Portal may not be accessible at times, for example as result of disruptions in public telecommunications networks or power outages. everycademy does not warrant permanent availability. Furthermore, the Portal will be partially or completely unavailable during routine maintenance periods (for example when new software is being installed); everycademy will attempt to ensure that such maintenance periods fall during low-use periods.

1.4 Subject to the maintenance of the primary functions of the Portal, everycademy reserves the right to make changes to the Portal at any time, in particular to expand the Portal. everycademy will inform users of significant changes in the Portal in the member area at least one month prior to their introduction.

2. Registration

2.1 Prior registration through the completion of a subscriber form is necessary for participation. Registration is free of charge. There is no right to registration. everycademy is authorized to reject a registration request.

2.2 Subscribers are required to keep user names and passwords provided to the Subscribers for the Portal secure at all times, may not disclose them to third parties and must inform everycademy immediately in the event a third party may have obtained unauthorised access to passwords and user names.

2.3 everycademy will not give passwords to third parties and, with the exception of the log-in form, will only ask Subscribers for their password in the case of payment transactions or profile changes.

3. Obligations of the Subscribers

3.1 Subscribers may only access the Portal themselves and may not provide access to any third parties.

3.2 Subscribers commit to enter current, correct and complete information in the Portal at all times. Subscribers will make all required changes, in particular, updates without delay.

3.3 Designs, graphics, images, logos, videos, texts, information, buttons, software, audio files and other content on the Portal are protected by copyright and other laws. Subscribers are permitted to download and print contents solely for their personal and non-commercial use. However, Subscribers are expressly prohibited from duplicating, storing or disclosing contents of the Portal to third parties for any other purpose.

3.4 Subscribers are expressly prohibited from

  • Uploading unlawful or immoral information;
  • Uploading files that contain a virus, Trojan or similar malware;
  • Performing technical manipulations which have a detrimental influence on the availability of the Portal;
  • Uploading contents that infringe the rights of third parties;
  • Publishing contents (including URLs for other websites) that have no relationship to offerings on the Portal.

4. Administrator account, Data upload

4.1 Data and information on the Portal are edited and used via a Subscriber’s administrator account. A Subscriber’s administrator is the person who completed the registration.

4.2 Data and contents are not reviewed by everycademy prior to publication; the upload process is fully automated. Subscribers are solely responsible for the correctness and propriety of their data and contents.

5. Rights to block, Data deletion

5.1 In the event a Subscriber violates his or her contractual obligations, in particular the obligations set out in Section 3, everycademy may suspend access to the Portal in whole or in part, temporarily or permanently (“block”). When choosing an action to take, everycademy will consider the interests of the Subscriber, in particular the nature and extent of the violation and the degree of fault on the part of the Subscriber.

5.2 Furthermore, everycademy is authorized to block a Subscriber in the event a third party presents plausible evidence of a legal infringement – for example a violation of copyright laws – on the part of a Subscriber. everycademy is not required to examine the extent to which the claimed violation is justified, rather the burden is on the Subscriber to defend him or herself, e.g. by proceeding against the third party as appropriate.

5.3 In all cases, everycademy will inform without delay the Subscriber of any actions taken and give the Subscriber the opportunity to respond.

5.4 Upon termination of the contract, all Subscriber content uploaded to the Portal will be blocked; the content will be deleted as soon as such content is no longer needed by everycademy to assert and/or enforce any rights.

6. Payment terms and processing

6.1 Use of the Portal as a Subscriber is free of charge.

6.2 Prices for participation in a course offered via the Portal (“Registration Fee”) are set out in the offerings uploaded by the relevant Subscriber. Everycademy has no influence over pricing. Registration Fees are invoiced electronically after registration and are due for payment upon receipt of the invoice via credit card, instant bank transfer or other payment option offered for payment processing.

6.3 Prices for uploading course offerings (“Listing Fees”) are set out in the price list shown when preparing the offering and are to be remitted to everycademy only in the event other Subscribers register for a course via the Portal. The Listing Fee is automatically deducted after a course has been conducted before distributing the Registration Fees.

6.4 Payments are processed via MANGOPAY SA, 59 Boulevard Royal, L-2449 Luxembourg. In this context, its terms and conditions apply as additional governing provisions. Separate reference thereto is made, once again, upon registering for a course.

7. Course cancellation

7.1 Please note that courses may be cancelled by the relevant provider. In the event a Subscriber has registered for such a course, he or she will be informed automatically when notice is provided by the provider concerned and will receive a refund of his or her Registration Fee; all other claims against everycademy are excluded.

8. Cancellation terms and conditions

Cancellation terms and conditions are based on the information contained in the relevant course offering.

9. Final provisions

9.1 In the event a Subscriber is a merchant, the place of jurisdiction for all disputes arising under or in connection with the contract shall be the location of everycademy’s registered office. At its option, everycademy may alternately select the location of the Subscriber’s registered office.

9.2 In the event a provision of these terms and conditions are or later become invalid, the remaining provisions shall remain in full force and effect.