General terms and conditions

proWiss-Online GTC

1 General Terms and Conditions for proWiss-Online

§ 1 General information, definition of terms

  1. Dr. Reinhard Klein-Arendt and Dr. Birte Kathage GbR, Hofstr. 57, 51061 Cologne (hereinafter referred to as proWiss-Online), operates a webshop (hereinafter referred to as Webshop) for online learning offers (online courses and webinars / web seminars etc.) on the Internet under the domain “proWiss-Online.com”. Every visitor to the webshop can view these, but only registered customers can use the services.
  2. Visitors are all internet visitors who view the contents of the webshop. Customers are the visitors who have concluded a contract with proWiss-Online for using one or more online learning offers.
  3. proWiss-Online grants visitors access to the webshop and customers access to the online learning offers of proWiss-Online in compliance with the following General Terms and Conditions.

§ 2 Scope of application

  1. The contractual relationship between proWiss-Online and the customer is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement. Any reference to the customer’s terms and conditions is expressly rejected.
  2. Conflicting, deviating, or supplementary conditions of the customer are not accepted, unless proWiss-Online expressly agrees to their validity in writing.
  3. The following GTC also apply to visitors for the regulations that relate to them.

§ 3 Offers and service descriptions

The essential features of the online learning offers can be obtained from the description and the price list in the above-mentioned webshop “proWiss-Online”. The presentation of the online learning offers does not constitute a legally binding offer, but an invitation to place an order. Errors and omissions excepted.
Service descriptions in the webshop do not have the character of an assurance or guarantee.
The German and English languages are available for the conclusion of the contract.

§ 4 Order process and contract conclusion

  1. The use of the online learning offers is only possible within the framework of a contract. The conclusion of a contract for the use of the online learning offers is possible for both entrepreneurs and consumers.
  2. The customer can select online learning offers from the proWiss-Online range without obligation and collect them in a so-called shopping “cart” using the ADD TO CART button. Within the shopping cart, the selection can be changed, e.g. deleted. The customer can then proceed to the final step of the order process by clicking on the PROCEED TO CHECKOUT button within the shopping cart.
  3. The customer makes a binding request to purchase the online learning offers currently in their shopping cart by clicking on the ORDER WITH PAYMENT button. Prior to the order placement, the customer can change and view their order data at any time and use their browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
  4. proWiss responds by emailing the customer an automatic order receipt confirmation which recapitulates the order placed by the customer and can be printed using the “Print” function.
    The automatic order receipt confirmation merely documents that the customer’s order has been received by proWiss-Online and does not constitute a legally binding acceptance of the request to purchase the online learning offer.
    The mailing of the invoice constitutes the acceptance of the request, with which the contract is concluded.
    The delivery of the access data takes place after receipt of the advance payment by proWiss-Online.
  5. When registering, the customer undertakes to provide only truthful information about themself and, if applicable, about the company, and to keep their data up-to-date at all times.
  6. The customer is obliged to store the access data carefully, not to pass them on to unauthorised third parties and to protect them from unauthorised access.

§ 5 Prices, terms of payment, delivery

  1. All prices stated in the above-mentioned webshop of proWiss-Online are inclusive of the applicable statutory value-added tax.
  2. The prices include the right to use the online learning offer for the period of use specified in the offer, i.e. in the webshop, by the customer.
  3. Payment is made in advance by means of the available payment methods. After receipt of the payment, the customer will receive the access data (delivery).
  4. The access data will be delivered after receipt of the advance payment. After receipt of the access data, the customer can use the ordered online learning offer during the period of use specified in more detail in the offer, i.e. in the webshop (duration of access).
  5. The customer is free to select one of the available payment methods during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment methods on a separate webpage.
  6. If third-party providers are commissioned to process the payment, e.g. PayPal or Stripe, their general terms and conditions apply.
  7. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by proWiss-online. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.

§ 6 Right of use after conclusion of contract, technical requirements

  1. The customer’s authorisation to use an online course during the term of the contract includes the following in detail
    • the access to the online course covered by the contract after receiving a corresponding password.
    • the access to the learning content on a data-processing device (computer) belonging to the customer or a third party for learning purposes.
    • the processing of predefined self-tests, if these are part of the service.
    • the receipt of a certificate is only possible if the customer has fulfilled the requirements described in the corresponding online learning offer.
  2. The customer’s authorisation to use a webinar during the term of the contract includes the following in detail
    • the access to the webinar covered by the contract after receiving the corresponding access data.
    • logging into the webinar on a data-processing device (computer) belonging to the customer or a third party in order to participate in the webinar.
    • the receipt of a certificate of participation is only possible if the customer has attended the entire event. It is not possible to divide the participation among several customers.
  3. The customer is obliged to treat the access data confidentially and to store them carefully, not to pass them on to unauthorised third parties and to protect them from unauthorised access. The customer is responsible for any unintentional activities via their access authorisation (login name, password).
  4. The customer must provide the technical requirements for the use of the online learning offers covered by the contract (e.g. computer, suitable hardware and software, internet connection, etc.) at their own expense.
    The customer must fulfil the technical requirements for use stipulated by proWiss-Online (e.g. for webinars: stable internet connection, current browser version, loudspeaker or headset, Adobe Flashplayer).
  5. The customer is responsible for checking and ensuring the technical requirements and conditions. Any failure of the customer’s technical requirements/conditions, if necessary also during the online course or webinar, does not release the customer from the contractual payment obligation.
  6. The customer/visitor guarantees proWiss-Online that they will not store any information in the webshop and in the online learning offers that contains damaging source code or other damaging programming instructions. The customer guarantees that the deposited information does not violate §§ 202a), 202b), 202c), as well as §§ 303a), 303b StGB (German Criminal Code, computer-related crimes).

§ 7 Authorship and copyright protection

  1. proWiss-Online is the author of all online learning offers provided in the proWiss-Online webshop (concept and content of the online courses and webinars). These are subject to copyright for the protection of intellectual property. The exclusive right of exploitation and use as well as other rights in accordance with the German Copyright Act (UrhG) to the online learning offers are and shall remain with proWiss-Online.
  2. The customer’s right of use extends only to the types of use expressly granted in accordance with § 6 of the General Terms and Conditions.
  3. Any production of copies of any kind (soft copies, documents, diskettes, hard copies, etc.) and/or their transfer to third parties during and after termination of the access authorisation for the individual registered customer is not permitted and may lead to criminal and civil sanctions. Furthermore, proWiss-Online is entitled to extraordinary termination of the customer’s authorisation to use the service. The same applies to any making available of an online learning offer that is the subject of the contract to third parties who are not authorised to access it.
  4. The proWiss logo may not be used without the written consent of proWiss-Online.

§ 8 Procedure, cancellation/postponement of webinars

  1. All webinars correspond to the binding scope and content specified in the respective offer, subject to necessary changes of an organisational or content-related nature, insofar as these do not significantly change the overall character of the event.
  2. If necessary, proWiss-Online can replace the initially intended speaker and/or event leader with equally qualified persons. The customer has no claim to the selection of a specific speaker/event leader.
  3. If the customer misses the entire webinar or individual parts of it, they have no claim for compensation for the missed dates or recourse against proWiss-Online.
  4. proWiss-Online is entitled to cancel events or postpone them to an alternative date for reasons for which proWiss-Online is not responsible, in particular if the required number of participants is not reached, in the event of illness of the speaker/event leader or other failures for which proWiss-Online is not responsible (maintenance work, internet failure at proWiss-Online, failure of the conference tool, etc.). Notification will be sent immediately by e-mail to the customer’s contact details. If the event is cancelled without substitution, any participation fees already paid by the customer will be refunded. The customer has no further claims against proWiss-Online, in particular no claim for damages.

§ 9 Exclusion of liability and warranty

  1. Should any of the following provisions be or become invalid, the liability and warranty shall be determined in accordance with the statutory provisions.
  2. proWiss-Online assumes an uptime of the servers of 99.97%, so that an online course that is the subject of the contract can be used daily for the term of the contract after the customer has fulfilled the contractually stipulated requirements.
  3. proWiss-Online endeavours to create its online learning offers carefully and conscientiously according to the latest knowledge. Their correctness and freedom from errors in terms of content and technology is expressly not guaranteed. The selection of the online learning offer, its application and use is the sole responsibility of the customer.
  4. proWiss-Online does not guarantee the availability and accessibility of the above-mentioned webshop and the online learning offer that is the subject of the contract in individual cases.
  5. In the event of malfunctions of the technical equipment of proWiss-Online, proWiss-Online will endeavour to remedy these at short notice within the framework of the existing technical and operational possibilities.
  6. proWiss-Online shall only be liable for intentional or grossly negligent breaches of duty, unless it is a liability for damages resulting from injury to life, body or health.
  7. Liability shall be limited to the amount of the invoice. Liability for consequential damages is excluded.
  8. Insofar as the liability of proWiss-Online is excluded or limited, this shall also apply to the personal liability of staff members, representatives and vicarious agents.
  9. Without exception, proWiss-Online is not liable for data protection violations due to cyber and hacker attacks.
  10. proWiss-Online is not liable, with no exception, for disruptions to performance that occur or are caused by the hardware and/or software to be provided by the customer.
  11. proWiss-Online is not liable, without exception, for disruptions in the performance of third-party companies such as Zoom (conference tools), Moodle etc., which are necessary for the execution of an online learning offer or for participation in an online learning offer.
  12. proWiss-Online is not liable for damage, failure or delays due to force majeure and due to events that make it significantly more difficult or impossible for proWiss-Online to perform – this includes in particular strikes, official orders, the failure of communication networks, technical faults etc.. In this case, as well as in the case of other delays, proWiss-Online is entitled to postpone the contractual services for the duration of the delay.
  13. proWiss-Online is not liable for any success intended to be achieved by the online learning offer that is the subject of the contract, such as admission to research funding programmes and/or admission to an examination procedure, the approval of funding proposals and/or the passing of examinations, regardless of their nature, and/or the acceptance of articles and/or the at least sufficient grading of a scientific work.
  14. proWiss-Online is not liable for copyright violations committed by customers.

§ 10 Right of modification

proWiss-Online is entitled to adapt and change the functional scope of the webshop and the online learning offers at any time without prior notice in terms of content / didactics / methodology / organisation and technology, to change menu navigation or layouts, or to expand or restrict them in a reasonable manner, provided this is reasonable for the customer.
The resulting changes to the online learning offers do not justify any claims on the part of the customer, insofar as the adjustments and changes do not significantly alter the overall character of the online learning offer.

§ 11 Storage of the contract texts

  1. The customer can print out the contract texts (General Terms and Conditions together with data protection declaration and cancellation policy) before submitting the order to proWiss-Online by using the print function of their browser during the final step of the order process.
  2. proWiss-Online also sends the customer an order receipt confirmation containing all order data to the e-mail address provided by the customer. Together with the order receipt confirmation, the customer also receives a copy of the General Terms and Conditions and the cancellation policy.
  3. If the customer has registered with the proWiss-Online webshop, they can view their orders placed in their user account. Furthermore, proWiss-Online stores the contract texts but does not make it accessible on the internet.

§ 12 Data protection and information on data processing

  1. The data protection declaration provided to the customer is also the subject of the GTC in full.
  2. proWiss-Online collects data of the customer in the context of the processing of contracts. proWiss-Online takes into account in particular the provisions of the Federal Data Protection Act and the General Data Protection Regulation (Datenschutzgrundverordnung – DSGVO).
  3. proWiss-Online collects, processes or uses the customer’s inventory data and usage data only to the extent that this is necessary for the establishment, content, amendment and execution of the contractual relationship as well as for the utilisation and invoicing of proWiss-Online learning offers (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
  4. Personal data is stored exclusively for the purpose of fulfilling the contractual relationship and as far as it is a prerequisite for communication between proWiss-Online and the customer. The data is stored for the duration of the use of the online learning offer; all personal data is deleted at the latest at the end of the following year after the expiry of the contract.
  5. Without the consent of the customer, proWiss-Online will not use the customer’s personal data for the purposes of advertising, market or opinion research purposes.

§ 13 End of contract, blocking

  1. The contract ends with the expiry of the (usage) duration specified for the booked online learning offer.
  2. if there are indications that a customer has violated these General Terms and Conditions, proWiss-Online shall be entitled to take measures to prevent such violations, even without prior warning. For this purpose, proWiss-Online is entitled to block individual user accounts or to withdraw the right of use. proWiss-Online will take into account the legitimate interests of the customer concerned. There is no entitlement to the restoration of a blocked account.
  3. proWiss-Online’s right to extraordinary termination without notice for good cause or to block user accounts remains unaffected.

§ 14 Right of cancellation for consumers

Cancellation Policy for online courses and webinars:
As a consumer, you can cancel your contractual declaration within 14 days without giving reasons. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is every natural person who enters into a legal transaction for purposes that predominantly are outside the consumer’s trade, business or profession.

In order to exercise your right of cancellation, you must notify proWiss-Online by means of an unequivocal declaration (e.g. by e-mail to ) of your decision to cancel this contract.
The cancellation period begins on the day on which the contract is concluded.
To comply with the cancellation period, it is sufficient to send the cancellation prior to the expiry of the cancellation period.

Consequences of cancellation:
• In the event of an effective cancellation, proWiss-Online shall refund to you all payments received from you without delay and within a maximum period of 14 days from the date on which proWiss-Online receives your correspondence notifying us of your cancellation of this contract. For this repayment, proWiss-Online will use the same payment methods that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If proWiss-Online has already commenced execution at your request during the cancellation period, you must pay us a reasonable amount which corresponds to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Cancellation form template
You can – but are not required to – use the following cancellation form template.

An
proWiss-Online
Hofstr. 57, 51061 Köln, Deutschland, E-Mail:
– I/we (*) hereby cancel the contract I/we (*) concluded for the delivery of the following service (*)
– Ordered (*)/Received (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only required if the cancellation is submitted in paper form)
– Date
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(*) Delete as applicable.

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Expiry of the right of cancellation
In accordance with § 356 (5) of the German Civil Code (BGB), your right of cancellation expires if proWiss-Online has started the execution of the contract after you have
• expressly consented to proWiss-Online starting the execution of the contract before the end of the cancellation period, and
• you have confirmed that you were aware that by agreeing to this you lose your right of cancellation when the execution of the contract starts.
The right of cancellation expires if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer has exercised their right of cancellation.

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By waiving your right of cancellation, proWiss-Online can send you the access data for your chosen online course / webinar immediately after receiving the advance payment.
By waiving the right of cancellation, the consequences of cancellation are also waived.
End of Cancellation Policy for online courses and webinars.

§ 15 Amendments to these General Terms and Conditions, assignment of rights

  1. Amendments to these General Terms and Conditions shall be published in the webshop.
  2. proWiss-Online is entitled to assign the rights and obligations arising from the contractual relationship in whole or in part to a third party with four weeks’ notice. In this case, the customer is entitled to withdraw from the contract.

§ 16 Dispute resolution

  1. The EU Commission has provided a platform for online dispute resolution. This platform can be accessed under the following link: https://ec.europa.eu/consumers/odr/
    It serves as a contact point for the out-of-court settlement of such disputes arising from online purchase contracts.
  2. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Governing law, place of fulfilment, place of jurisdiction

  1. The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
    The place of fulfilment is Cologne, Germany.
  2. The place of jurisdiction for all disputes arising from a legal relationship between proWiss-Online and the customer is Cologne (Germany).

§ 18 Final provisions

Should one of the provisions of the contract, including these General Terms and Conditions, be or become invalid in whole or in part, it shall be replaced by a provision that comes closest to the economic intention. The validity of the remaining provisions of the contract shall not be affected thereby.