TERMS AND CONDITIONS
Terms and conditions for events of GoDigitalXL UG within the division of the Usability Academy
It is being refrained from using the gender
Gender-specific spelling is not applied in the text below for the mere purpose of easier readability.
1. Area of Application
These terms and conditions apply to all contracts closed with the Usability Academy, a division of GoDigitalXL UG Kaiserslautern, on participation in seminars and workshops of the Usability Academy.
2. Conclusion of Contract
The registration for participation in seminars, training courses and other events of the Usability Academy (hereinafter seminars) must be in writing using the registration form of the Usability Academy (by letter, e-mail or fax) or online and must come in completely, possibly within the mentioned deadline in the seminar documents. Due to the limited number of participants, the registration is not yet a binding contract. If an information event is offered by the Usability Academy, the contract shall be concluded only after the information event by both parties signing a registration confirmation or a contract.
3. Scope of Service and Prerequisite for Participation
3.1. The range of the Usability Academy’s services (place, time, duration, course topic, teachers, educational objective, price etc.) results from the description of the Usability Academy programme and the training brochures, which were displayed in the premises of the academy and published on the internet at the time of the registration
3.2. The Usability Academy may make participation in an event dependent on personal and / or material conditions. At the extent possible, the client is informed about the necessary conditions in the Usability Academy programme and on the internet.
3.3. The learning material is released on the e-learning portal 10 days before the course begins. If an earlier activation is desired, the cancellation option ends with the activation.
3.4. The following applies to the CPUX-F certification: Upon receipt of the access data for the e-learning portal to the CPUX-F documents, a minimum charge of 250 euros will be due, even in case of later cancellation of the course. The following applies to the other classes: 20% of the course fee.
4.1. The participant has to pay the contractually agreed remuneration according to accounting by GoDigitalXL UG. The participant is liable for the payment of the fee, even if the pay, or portions thereof should be made by a third party (e.g. company, employer, German Armed Forces Staff College). The statutory sales tax applies. Failure to pay the fee may result in excluding the participant from further participation in the course.
5. Place of Training
The events will be held at the Usability Academy, or at a place specified in the registration confirmation.
6. Right of Withdrawal, Non-attendance and Termination
6.1. The applicant shall have a right of withdrawal under the following conditions:
A withdrawal or a cancellation is always to be explained in writing (by e-mail, fax or mail). Depending on the time when the withdrawal takes place, the organiser will charge a fee. The applicant is entitled to prove that no damages or value reduction have in fact incurred or are significantly lower than the fee charged.
In case of withdrawal / cancellation the following amount will be charged or withheld:
⇒from the date of registration up to 29 days before the event: 250 € processing fee
⇒28-15 days before the event: 25% of the participation fee
⇒14-8 days before the event: 50% of the participation fee
⇒from 7 days before the event: 100% of the participation fee
The charge of a cancellation fee will be waived altogether if a substitute person will be designated. This re-registration must also be in writing and must be made by the original applicant. The latter remains committed to pay the participation fee to the organiser until the actual replacement is being made.
6.2. The Usability Academy may terminate the contract without notice for good cause pursuant to § 626 BGB (German Civil Code). Good cause is especially the disruption of processes of the training events and failure to observe the house rules despite a request to refrain from the disruption or offence. Already due partial amounts will not be refunded.
6.3. The termination and withdrawal must be made in writing. Reference date for termination and withdrawel is the date on which the statement has been received by the message recipient.
6.4. In case of mere total or partial non-attendance the participant remains liable to pay the full participation fee. This applies regardless of whether such failure has been caused by the participant or not.
7. Change and Cancellation of Events
The Usability Academy reserves the right to cancel or change an event under the following conditions up to 7 calendar days before the start:
7.1. A cancellation or postponement can only be done, if a commendable interest of the Usability Academy exists. This is particularly the case, if the designated minimum number of participants is not reached, or the event cannot be provided due to force majeure, impossibility or absence of the speaker.
7.2. The participant will be notified about this at the contact information provided in his registration. In case of a cancellation, the participation fee that has already been paid will be refunded. The same applies in case the participant cannot participate in the new alternate date of the respective event. Any further claims by the participant are excluded.
7.3. The Usability Academy reserves the right to substitute speakers, to designate other speakers as well as to change the event procedure, provided essential features of the event are not changed, and the change is reasonable for the participant. The participant cannot derive any claims from it, such as to withdrawal from the contract or reduction in price.
The Usability Academy is liable with the diligence of a prudent businessman for the obligations arising from the contract. Any participant claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health, if the Usability Academy is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of duty of the Usability Academy and damages, which are based on an intentional or negligent breach of typical contractual obligations of the Usability Academy. A breach of duty of the Usability Academy is equal to that of a legal representative or vicarious agent.
9. Data Protection and Copyright
9.1. Personal data of the participant will be used and processed solely for the purpose of the event organisation by the Usability Academy. The data will not be passed on to third parties.
9.2. The participant receives the copyrighted course materials for the respective event for his property and commits himself to not pass them on to third parties or make them available to third parties.
10. Right of Cancellation for Consumers
If you are a consumer and this application is submitted to us by means of distance communications (e.g. as by letter, fax or e-mail), you are entitled to a right of withdrawal. In this case, please note the following cancellation policy:
Right of Cancellation
You can revoke your contract within 14 days without giving reasons in writing (e.g. letter, fax, e-mail). The period begins upon receipt of this instruction in writing, but not before you have also been made available a contractual document, your written application or a copy of the contractual document or the application and also not before fulfilling our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations according to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 BGB. To keep the right of cancellation it is sufficient to send the revocation within the period mentioned above. The revocation must be sent to:
11. Revocation Consequences
In case of an effective cancellation the mutually received benefits are to be returned and possible benefits gained (e.g. interest) are to be released. If you cannot or only partially or only in deteriorated condition return or release the received services and possible benefits (e.g. benefits of use), you will have to pay us compensation. This can lead to a situation that you must nevertheless fulfill the contractual payment obligations for the period until the withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins with the sending of your notice of revocation for you and with its receipt for us.
11.1.1. Special instructions: Your right of revocation expires early, if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of revocation.
End of the revocation policy
12. Final Provisions
12.1. Place of performance and jurisdiction for all obligations under this agreement is - if permitted by law - Kaiserslautern, Germany. If a contracting party meets the requirement of § 38 paragraph 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction within Germany the place of jurisdiction will be that of the registered office of the Usability Academy.
12.2. Should any of these terms and conditions be invalid or void for events, the validity of the remaining provisions shall not be affected. The parties commit themselves to replace the invalid provision with a provision that approaches the original provision as closely as possible in terms of meaning and is effective.