Terms and Conditions
elearnio GmbH (hereafter referred to as elearnio) provides services in the context of contract preparation on the basis of these terms and conditions, which become part of the license agreement. Deviations from these terms and conditions are only valid if they have been confirmed in writing by elearnio. elearnio is entitled to change these terms and conditions at any time, subject to a reasonable period of notice. After publication of a notification of change, the customer has an extraordinary right to terminate the contract. The changes are deemed to have been approved if the customer does not object to the changes in writing within 14 days.
Conclusion of contract
The contract for the use of the services offered by elearnio comes into effect when a representative authorised by elearnio accepts the order placed by the customer. Acceptance is confirmed by implication or in writing by the first act of performance. Insofar as elearnio uses third parties to provide the agreed services, these third parties do not become contractual partners of the customer. elearnio is entitled to refuse to conclude the contract without giving reasons.
Duration of contract and termination
The contracts shall commence on the date of the first performance action, unless otherwise agreed in the performance contract. The contracts are concluded for an indefinite period of time and can be terminated by either party with a notice period of 14 days to the end of the contract. The contracts are automatically extended by the term of the booked subscription, but at least by one year. The right of both parties to an extraordinary termination (termination for good cause) remains unaffected. Any trial access ends automatically at the end of the respective trial period and does not have to be terminated. The revocation of the direct debit authorization is equivalent to an extraordinary termination. The cancellation can be made by email or letter and becomes effective upon receipt. Fees already paid will not be refunded. The cancellation of an elearnio subscription will also cancel any PayPal subscription.
After the subscription expires, the user’s access to the system will be blocked.
Scope of services
elearnio provides the customer with the technical conditions for the publication of programs on the Internet in accordance with the respective service agreement and assures the customer that the portal will be accessible to 99.9% of the respective product on an annual average. This does not include periods in which the computers cannot be reached via the Internet due to technical or other problems that are beyond the control of elearnio (force majeure, fault of third parties, etc.). Planned or necessary maintenance work that leads to downtime and which has been previously notified as a maintenance window will be considered available. Further components of the service obligation are the contractually agreed service packages and options. elearnio reserves the right to modify or improve the service. In the event of limitations to the scope of services, the customer has an extraordinary right of termination. If services are provided free of charge, elearnio is entitled to discontinue these services without notice and without prior notice. A claim for reduction, reimbursement or compensation cannot be made thereby. In the event of a fundamental change in the legal or technical standards of the Internet, elearnio is entitled to terminate the contract for exceptional reasons if this makes it unreasonable for elearnio to provide its services in whole or in part within the scope of the purpose of the contract.
Confidentiality and data protection
elearnio undertakes to keep secret all information and documents of the customer that are accessible in connection with the conclusion of the contract and not to record, pass them on or exploit them – unless this is necessary to achieve the purpose of the contract. elearnio has ensured through suitable contractual agreements with the employees and/or representatives working for it that they too refrain from any exploitation, passing on or unauthorised recording of such business and trade secrets. Corresponding obligations apply to the customer with regard to business and trade secrets of elearnio. The customer agrees that his personal data received within the framework of the business relationship may be stored and automatically processed by electronic means for the purpose of handling the business relationship. The customer is hereby informed that elearnio and its agents will process their data automatically in accordance with § 33 paragraph 1 of the German Federal Data Protection Act and § 4 of the German Teleservices Data Protection Act (TDDSG). The customer is entitled to request the data stored about him or her or his or her pseudonym from elearnio at any time and free of charge.
elearnio undertakes to use this data solely for the provision of services and not to pass it on to third parties, unless these third parties are involved in the provision of services. The customer indemnifies elearnio against all claims by third parties regarding data provided by the customer. Unless otherwise agreed, the customer allows communication by fax and e-mail.
Despite all due care, computer viruses or similar can be transmitted during communication by e-mail. The customer must take appropriate security precautions to prevent damage to his systems. E-mails and faxes can be read by third parties. This risk can be reduced but not completely excluded by encryption. The customer accepts this.
Terms of payment
All prices quoted by elearnio are subject to value added tax at the statutory rate, unless otherwise indicated. The agreed basic fees are payable in advance in accordance with the contractual agreement and are due upon receipt of the invoice. Payments by the customer to the contractor for use within internet services or for other products within the system can be made by electronic direct debit, credit card and PayPal. In the case of billing via elearnio, elearnio is entitled by the customer to collect the payment to be made by the customer from an account to be named by the customer. In the case of returned direct debits, elearnio is entitled to charge a flat processing fee of €8.00 per direct debit. If the monthly or annual subscription fees cannot be debited from the credit card or account in time, the user’s access to the system will be blocked. After receipt of the payment, access to the system will be released again. The offsetting of contested and not legally binding counterclaims, as well as the retention of payments by the customer due to counterclaims from other contractual relationships are excluded. Payments are always credited to the oldest outstanding claim.
Cooperation and customer obligations
The customer is obligated to provide appropriate coverage to the account specified by him in the direct debit authorization. The customer assures that the data provided by him/her is correct and complete and that he/she is not purchasing the services of elearnio as a consumer. He/she undertakes to inform elearnio immediately of any changes to the data provided (in particular changes to the data relating to the customer’s bank account). The customer indemnifies elearnio against all claims by third parties arising from the infringement of their intellectual property rights by the content offered or transmitted by the customer via the Internet. The indemnification is made in such a way that the customer must reimburse elearnio for all expenses incurred, including any costs incurred for legal defence through claims made by the third party.
Liability of the customer
The customer is liable for all damages and legal consequences that arise for elearnio or its vicarious agents due to improper or illegal use of the portal.
Limitation of liability
Claims for damages due to breaches of duty arising from the contractual obligation and due to unauthorized actions can only be asserted against elearnio and its vicarious agents and assistants if intentional or grossly negligent actions can be proven. The aforementioned exclusion of liability does not apply to the violation of essential contractual obligations (cardinal obligations). Likewise, the liability of elearnio due to warranted characteristics, in the case of personal injury and due to mandatory legal regulations remains unaffected. elearnio is not responsible for disruptions to services due to force majeure, in particular the failure or overload of global communication networks. For this reason, the customer cannot claim a reduction in his obligation to perform. elearnio is not liable for the information published via its services. The sender is responsible for its accuracy, completeness and topicality. elearnio is not liable for damages that may occur to the customer due to a lack of security measures during data transmission. Any liability for damages is limited to the amount of the annual fee. Liability for damages resulting from data loss is limited to the amount that would have been incurred if the data had been properly backed up, but at most to the amount of the annual fee. The customer’s claims for damages shall become statute-barred one year after they arise, notwithstanding the provision of § 202 BGB. This reduction does not apply if elearnio has acted with gross negligence or intent.
Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.
Applicable law, place of jurisdiction
German law applies. The place of jurisdiction for all disputes arising from the contractual relationship between the parties is Potsdam, Germany.
Contract data processing
The regulations on commissioned data processing can be downloaded as PDF: Contract data processing. You can find further information on this topic on our Data Protection & Data Security page.
Right of withdrawal
You can cancel your contract declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under § 312c Section 1 BGB in conjunction with Article 246 § 1 and 2 EGBGB as well as our obligations under § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB To meet the cancellation deadline, it is sufficient to send the revocation or the goods in time. The revocation is to be addressed to:
Phone: +49 331 281 281 60
Consequences of withdrawal
In the event of an effective cancellation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may have to pay compensation for lost value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a shop. You do not have to pay compensation for any deterioration caused by the intended use of the goods. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.