General Terms and Conditions (GTC) of 3T-SPRACHWORKOUT GmbH for the use of premium services
Vers. 3.0 from 11.07.2024
§ 1 Scope of application
(1) These General Terms and Conditions apply to all types of seminars, courses, further education and training events held by 3T-SPRACHWORKOUT GmbH, represented by Dr. Ngo, Thi Chau Trinh, Urbanstrasse 71, 3. Hof, 4. TRH., 1.OG, 10967 Berlin (hereinafter referred to as “Provider”) and the users who use the Provider’s offers within the framework of the premium and service area (hereinafter referred to as “User”).
In the case of contracts that fall under the scope of the German Distance Learning Protection Act (FernUSG), the statutory provisions of the FernUSG shall take precedence.
(2) The terms and conditions apply to all users of the aforementioned services, regardless of whether they register personally and bear the costs or the registration is made by a third party.
They also apply to the persons who register the participants and/or bear the costs for this.
The GTC apply both to consumers in accordance with Section 13 BGB and to entrepreneurs in accordance with Section 14 BGB.
(3) Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing by the Provider.
(4) The object of the order is the provision of an agreed service, the provision of the various training packages in the premium and service area (service contract), and not the achievement of a specific result (no contract for work).
The contracted services are deemed to have been provided when the required services have been carried out or made available to the users and any questions that may arise have been dealt with.
The Provider undertakes in its own interest to provide all relevant information truthfully and completely.
§ 2 Subject matter
(1) On the website https://www.german-workout.com, the Provider offers fee-based exercises in the premium area and fee-based training and services for purchase in the service area.
(2) The use of this content is exclusively for the personal training purposes of the user.
(3) Commercial use of the content is expressly prohibited unless a separate written agreement has been reached between the provider and the user.
(4) All services on the website are limited in time. The duration of the respective service is indicated on the Provider’s website.
§ 3 Conclusion of contract
(1) The User books a corresponding service with the Provider. The Provider accepts this booking by means of a booking confirmation. A booking can be made in person, by e-mail, by contact form or via the provider’s website.
(2) In any case, the contract is only concluded when the Provider confirms the User’s booking. The User’s booking is binding. The User shall be informed of the payment terms and the Provider’s services with the booking confirmation.
(3) The Provider’s offers are non-binding. Acceptance, supplements, amendments and ancillary agreements require written confirmation by the supplier.
(4) The Provider is entitled to refuse a contract without stating reasons, e.g. if the Provider cannot or may not provide the service due to its specialization or for legal reasons. In this case, the Provider’s fee claim for the services rendered up to the point of refusal shall remain unaffected.
(5) The offer sets out the specific content of the service, the obligations of the parties and the terms of delivery and payment (“service description”). Subsequent changes are not part of the service and will be invoiced separately if required.
(6) The services offered may be one-off services and/or services to be provided regularly within the framework of a fixed term.
§ 3 Content of the service contract
(1) The Provider provides its services to the User in such a way that it applies its knowledge and skills in the areas specified on the website. A subjectively expected success of the user cannot be promised or guaranteed.
(2) The Provider undertakes to use the information materials, reports and analyses created by the User as part of the service only for its own purposes. The User shall receive the exclusive and non-transferable right to use them. All documents and tables are either personal and cannot be used by third parties or are created by the Provider individually for the User.
(3) All documents of the Provider are protected by copyright. This applies both to content on the Provider’s website and to other documents. The User is not entitled to reproduce, distribute or publicly reproduce such documents. The User is also not entitled to make image, film or sound recordings of the methods of the service without the express permission of the Provider.
(4) No liability is assumed for the correctness of technical data and other information in third-party documents and brochures. Furthermore, they shall not be deemed warranted characteristics within the meaning of the BGB.
§ 4 Performance of the service
(1) The service is based on cooperation. The user is not obliged to implement the recommendations made. The user acknowledges that all steps and measures taken by him in the context of the provision of the service are his own responsibility. The user is responsible for providing a correct e-mail address and for regularly checking his e-mails.
(2) The Provider shall be entitled to postpone the performance of a service if it or a third party service provider engaged by it is prevented from performing the service on the agreed date, e.g. due to riots, strikes, lockouts, natural disasters, storms, traffic obstructions or illness, which prevent the Provider from performing the service on the agreed date through no fault of its own. In this case, the user shall not be entitled to compensation.
(3) The illustrations and descriptions of the services on the provider’s website are for illustrative purposes only and are only approximate. No guarantee is given for complete compliance
(4) The Provider is entitled to make adjustments to the content or the process of the service for technical reasons, for example if there is a need to update or further develop the content of the service, provided that this does not result in a significant change to the content of the service and the change is reasonable for the User.
(5) The Provider does not have to perform the service itself. It is entitled to outsource the performance of the service to third parties, e.g. subcontractors, at its own discretion.
(6) The user has obligations to cooperate insofar as this is necessary for the proper performance of the services. The exact obligations and requirements are set out in the individual contracts.
§ 5 Requirements for using the services in the premium area
(1) The use of the Provider’s services from the premium area is reserved for registered users. The user must register for this purpose and create a personal user account for each user. Passing on login information to other users or third parties is not permitted.
(2) In the event of the discovery of misuse of user accounts and/or persistent or frequent violations of the provisions in this section, the Provider reserves the right to suspend or terminate the provision of services without the User being able to assert claims for damages against the Provider.
§ 6 Obligations of the user
(1) The User is responsible for the information that he/she passes on to the Provider, as well as for the use of the services and the confidentiality of the access information. The user agrees to use the services within the limits of the provisions of the contract, the GTC and the applicable laws and regulations, including the General Data Protection Regulation (EU GDPR).
(2) The user is responsible for managing the user accounts. If employees leave the user’s employment, access to the provider’s services must be terminated, in particular by deleting the user account.
(3) The User guarantees that all information provided to the Provider is correct and complete in every respect. The User is not permitted to lend, sell, make available in any form or market the information and services of the Provider in part or in full to third parties other than the Users without the prior written consent of the Provider.
(4) The obligation of the user to pay the costs to the providers shall continue to exist irrespective of the rate of use of the services by the user.
§ 7 Prices and payment
(1) The costs and prices for the Provider’s content and services are stated on the Provider’s website and include statutory VAT.
(2) Payment is due immediately upon booking and receipt of the invoice by e-mail, unless otherwise agreed.
(3) Payment shall be made using the payment method selected by the user.
(4) As soon as payment has been received by the provider, users will receive their user data within 24 hours and thus access to the desired practice zone.
(5) The User shall be in default if the payment deadline stated on the invoice or the agreed payment deadline is not met. In the event of default, the Provider shall be entitled to charge default interest, reminder fees and the flat-rate default fee in accordance with §§ 288 I, II BGB. Furthermore, the Provider reserves the right to suspend regularly provided services in the event of default without losing the right to the agreed consideration from the User.
(6) The Provider reserves the right to reasonably increase the prices for services agreed in the service description after the expiry of the agreed term. An increase is possible for the first time after expiry of the initial contract term.
(7) Due to the immediate provision of the access, cancellation after receipt of payment is not possible. For contracts that fall under the scope of application of the FernUSG, the statutory provisions of the FernUSG shall also take precedence in this respect.
§ 8 Term and termination
(1) The booking of the exercises for autonomous learning has a term of 4 weeks and ends automatically at the end of this period without the need for termination.
(2) After expiry of the term, the user can make further bookings for further uses of the exercises for a further 4 weeks in each case.
(3) The booking of test correction, speech coaching or a language course can be booked and paid for individually in advance. The respective terms are based on the contractual agreements. Ordinary termination is excluded for services that have already begun.
(4) The right to extraordinary termination for good cause remains unaffected for all services. Good cause exists in particular if the provider does not provide the service in accordance with the contract or if the user is unable to use the service for health reasons or due to force majeure.
(5) For contracts that fall under the scope of application of the FernUSG, the statutory provisions of the FernUSG shall also take precedence in this respect.
§ 9 Property rights
(1) All rights to the results of the service in connection with the Provider’s activities for the User, in particular all copyrights, all design rights, all trademark and labeling rights and other intellectual property rights (including all stages of development), are the exclusive and unrestricted property of the Provider.
(2) The User hereby transfers to the Provider the exclusive rights of use, unrestricted in terms of time, space and content, at the time the results are created.
(3) The Provider shall permanently retain the right to its logo and trademark. The Provider’s brand and logo may not be used by the User without the Provider’s consent.
(4) The intellectual property rights, copyrights and ancillary copyrights to project-specific adaptations and developments shall remain with the Provider, unless expressly agreed otherwise. The user only acquires the right of use to the agreed extent.
§ 10 Confidentiality
(1) The parties shall treat all business secrets and other information of the other party marked as confidential (hereinafter referred to as “Confidential Information”) as confidential. The receiving party (“Recipient”) shall treat the Confidential Information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.
(2) Use of the confidential information is limited to use in connection with this contract. Confidential information may not be disclosed to third parties without the prior consent of the disclosing party. Consent must be given in writing. No third parties within the meaning of this paragraph are affiliated companies of the parties and consultants who are obliged by law to maintain confidentiality.
(3) To the extent required by applicable legal obligations, the recipient is also entitled to disclose and pass on confidential information. To the extent permitted by law, the Recipient shall inform the Disclosing Party prior to the disclosure of Confidential Information.
(4) The parties shall impose on their employees or third parties to whom they disclose confidential information a confidential treatment of this information within the framework of the respective subcontractor and employment relationships with the proviso that the obligation to maintain confidentiality shall continue to exist beyond the end of the respective subcontractor or employment relationship, unless a corresponding general obligation to maintain confidentiality already exists.
(5) Exempt from the obligation of confidentiality is information that
- a) were already generally known when the contract was concluded or subsequently become generally known without breach of the confidentiality obligations contained in this contract;
- b) which the Recipient has developed independently of this Agreement; or
- c) the recipient has received from third parties or outside this Agreement from the disclosing party without an obligation of confidentiality. The burden of proving the existence of the exceptions referred to in this paragraph shall lie with the party invoking the exception.
(6) Upon termination of this contract, the parties shall surrender or delete confidential information of the other party in their possession at the request of that party. This does not apply to confidential information for which there is a longer statutory retention obligation and data backups as part of normal backup processes.
(7) The Provider shall be entitled to use empirical knowledge, such as ideas, concepts, methods and know-how, which is developed or disclosed in the course of the performance of the contract and which is stored in the memory of the persons employed to provide the service. This shall not apply if this infringes the user’s industrial property rights or copyrights. The obligation to maintain confidentiality remains unaffected by this.
§ 11 Liability and warranty
(1) The Provider shall be liable to the User in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Provider shall only be liable, unless otherwise stipulated in para. 3, the Provider shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the User may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of the Provider is excluded, subject to the provision in para. 3 is excluded.
(3) Liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) The provider protects its users as well as possible against cybercrime. Unfortunately, this cannot always be prevented. For damages incurred by users as a result of such cybercrime, the exclusion of liability in paras. 1 – 3 also applies with the exceptions mentioned.
(5) With the exception of the previous paragraphs, the Provider shall not be liable for damages caused by the services provided, unless they are based on gross negligence or intent. In this context, the Provider assumes no liability for loss of profit, loss of data or other indirect damages.
§ 12 Data protection
(1) The parties shall comply with the data protection laws applicable to them.
(2) If and to the extent that the Provider processes the User’s personal data on behalf of the User as part of the provision of services, the parties shall conclude a standard market agreement on the processing of data on behalf of the User in accordance with Art. 28 GDPR before the start of processing.
(3) The user consents to the provider processing and storing the data required for the provision of the services. Data will only be passed on to third parties with the express consent of the user or due to legal obligations.
(4) The separate data protection provisions on the provider’s website at the following link also apply: https://www.german-workout.com/datenschutzerklaerung
§ 13 Right of withdrawal
(1) With regard to the right of withdrawal, the provider refers consumers to the separate withdrawal policy at https://www.german-workout.com/widerrufsrecht
(2) If the user is an entrepreneur, the right of withdrawal is excluded.
§ Section 14 European dispute resolution
(1) The provider refers to the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr. Here you can enter into out-of-court settlements of consumer disputes arising from online contracts.
(2) The provider is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 15 Final provisions
(1) Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the GTC as a whole. Instead, the invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract or the parties’ intentions.
(2) The law of the Federal Republic of Germany shall apply.
(3) Amendments and supplements to the GTC must be made in writing to be effective. There are no verbal collateral agreements.
(4) If the user is a merchant, the place of jurisdiction shall be the registered office of the provider. In all other respects, the statutory regulations apply.
(5) The Provider reserves the right to amend these GTC at any time. The user will be notified of the amended GTC by e-mail or by a message on the website. The amended GTC shall be deemed to have been accepted by the user if the user does not object within a period of four weeks after notification of the amendments.
