Terms and conditions as of 24/07/2010
§ 1 Preamble
The edudip corporation (edudip GmbH) runs with its website 'www.edudip.com' (platform) an internet portal for booking and organizing interactive webinars (online classes). It provides registered users (members) on this platform the technical requirements to set and book webinar offers for communication between the members and to implement webinars and other online events in virtual conference rooms.
§ 2 Field of application
For the contractual relations between edudip and the members only the following commercial terms and conditions are valid. General terms and conditions of members do not apply.
§ 3 Registration
To use the platform, the free registration as a member is required. Only contractually capable natural persons can register as members.
For registration please use the on the platform provided registration form and fill it completely and truthfully by specifying a username and a password and send it to edudip. The membership name may not contain contact information as email or internet addresses nor harm the rights of third persons - especially no name or trademark rights - and may not violate moral standards. edudip is authorised to require documental evidence to prove the indicated data.
By sending the registration form the user makes a binding offer to edudip to conclude a membership contract for a free basic membership. The membership agreement is concluded by confirming the registration and activation of an account by edudip. The user has no claim to conclude a membership contract.
Each user may register only once.
§ 4 Change the membership form
A change of the free basic membership to the membership for a consideration is possible at any time by booking a "edudip.plus 1", "edudip.plus 3" or "edudip.plus 12" package on the platform.
With the booking of such a package the member gives an offer to edudip to cancel the existing free membership and agrees to conclude a membership to the conditions of the respective package. With the confirmation of the booking by edudip the free membership contract is terminated and a membership for a valuable consideration is contracted. A further registration is not required. The member's account still persists. The member has no claim to conclude a membership contract.
§ 5 Identity of the contractual partner
The contract is concluded with the edudip corporation (edudip GmbH)
Jülicher Straße 306
Authorised representative of the CEO: Dipl. Ing. Torsten Kämper
Registration number in the trade register: Amtsgericht Aachen HRB 16012
§ 6 Services of edudip
edudip provides members of the platform the technical options for the communication between teachers and participants and the initiation of contracts and the organization of webinars in a virtual classroom. Each member can use the platform as a teacher and as a participant of a webinar.
Members can create member profiles, set webinar offers and applications, read the webinar offers and applications of other members, book webinars, post quotes on applications, hold presentations in the virtual classrooms and participate in webinars in the virtual classroomsr actively or passively.
edudip settles payments between participants and teachers as a clearing house (see §11). edudip does not check the creditworthiness of members.
§ 7 Booking of webinars
The booking of webinars indeed takes place at the platform 'www.sofengo.de', but the contracts for a participation in a webinar (webinar contract) are not concluded with edudip, but with the respective teacher when he confirms the booking. After booking a webinar edudip transfers the contact data of the contract partner to the respective members.
edudip does not arrange contracts between the members and makes no announcements on contracts for members. In particular, messages that are sent with the system of edudip (system messages) are no statements of edudip on behalf of the members.
The fulfillment of the webinar contracts is in the responsibility of the respective teachers and participants. The teachers are solely responsible for the legality, accuracy, completeness and quality of their webinar offers and their webinars.
§ 8 Cancellation
If a member uses the platform as a consumer, in other words for a purpose that has neither a commercial background nor self-employed business activity, the member can revoke the membership contract as follows:
Fax: +49 241 4004768-9
Consequences of revocation
§ 9 Use of the platform
I. General conditions
The platform must be used only for information about webinars, to participate in webinars and to perform webinars and other online events in the virtual classrooms.
The members are obliged to keep their password secret and so to ensure the access to their member account. If there are any indications that third parties have procured unauthorised access to the member's account, edudip has to be notified immediately and the password has to be changed by the member.
If the data change that have been deposited with the registry of the member, the member's account has to be updated about this change, immediately.
Since edudip has only a limited review about the accurancy of the deposited member data, even when written evidence is submitted, the provision of false information is not excluded. Therefore each member has to check the contractors identity by himself or herself.
The member's account may not be transferred to third parties.
Contact data of other members which have become known through the use of the platform may be used only for the (pre-) contractual communication.
On the platform, in the webinars and in other events no data shall be set, no statement shall be made, no information shall be given and no contents shall be transferred which violate law or morality or injure rights of third persons or discriminate persons of other races, of other ethnic origin, of other gender, of other religion or belief, disability, age or sexual orientation.
Members may only advertise on the platform for webinars which also are held on the platform.
You may not do anything, tolerate or encourage anything that might disturb the orderly operation of the platform, in particular the orderly operation in the virtual classrooms.
To use the platform, especially for the organization of a webinar and for the participation in a webinar and other online events, the compliance of the following technical conditions are required:
- a standard DSL connection
- an Internet browser (e. g. 'Internet Explorer' from version 7 on, Chrome or 'Mozilla Firefox')
- the program 'Adobe Flash Player 10'
- for active participation: headphone and microphone
- for passive participation: speaker
The members agree to comply with the technical minimum requirements and to check if the connection to the virtual conference rooms can be established in good time prior to a webinar or prior to the participation in a webinar. In case of technical troubles they further agree to remedy existing malfunctions early enough if they are responsible for them. If a connection cannot be established, edudip must be informed in time. You can contact edudip via the contact information in the legal notice of the website or via the service hotline +49 241 4004768-0.
II. Use of the platform as a participant
Only those members who have booked the webinar may attend these. For other persons the active or passive participation is not allowed.
III. Use of the platform as a teacher
Teachers are allowed to perform their webinars and other online events only if a compliance with the minimum technical requirements is guaranteed (see § 9 I Nr. 4)
You are obliged to describe the content of you webinar in your webinar offers and to inform about the beginning of the webinars, the minimum number of participants and the registration fee.
The teachers are solely responsible for compliances with the legislation in force. edudip draws particular attention to the observance of relevant rules of distance selling law, the teleservice law, tax law, the provisions of the price regulation, the Distance Learning Protection law and the obligations in electronic commerce.
The webinars, which are offered and booked on the platform are to be held in the virtual classrooms of edudip.
If a webinar has not been booked yet, it can be changed or deleted by the teachers. The deletion of a webinar offer that has already been booked is only possible through edudip.
edudip is authorised to delete a webinar offer or a webinar or other online events from the platform, if there is an evidence of violation against § 9 INo. 3 of the terms and conditions by setting offers or the implementation of webinars and other online events. A webinar offer or a webinar can also be deleted if the minimum number of participants is not achieved at the start of the event or if the webinar was not fullly conducted.
If a teacher cancels a webinar, which was already booked by the minimum number of participants, the teacher has to notify edudip and the participants about this. Upon notification of cancellation the webinar will be deleted from the platform.
To ensure a trouble-free flow of payments (see § 11), the trainers oblige that their current bank account is deposited at edudip. In case that a teacher is responsible for a chargeback or incorrect entries, the trainer is obligated to pay the resulting costs within 14 days on the specified account of edudip. Without prejudice to other rights edudip is entitled to disable the trainer's account if such payment has not been made on time and if edudip has threatened the teacher with a lock of his account by a writing or per email 14 days before. If it is not reasonable for edudip to observe the waiting period, edudip is allowed to disable the member's account immediately and without prior notice.
IV. Use of the platform as an affiliate
You automatically take part in the edudip affiliate programm, as soon as you publish your affiliate link. In this case you agree that you also take part in the affiliate contest for marketing purposes and that your first name, last name and your profile image may be published, if you are one of the winners.
§ 10 Member profile and evaluation of the teachers
I. Member profile
The members are committed not to make any incorrect information in their member profile.
edudip can classify members who are active as a teacher professionally (or in addition) within a period of six months, as experts and label his or her profile accordingly. The classification as an expert can only be made if edudip gets submitted relevant written certificates for the professional or part-time activity as a trade certificate and training certificates, employment contract or billings from other seminar providers and a copy of the identity card or passport. There is no claim to become classified as an expert.
II. Evaluation of teachers
After performing a webinar, participants can evaluate the teacher. The overall ranking of a teacher results from the individual assessments, which were issued during the past twelve months.
The evalutations may only contain accurate information and may only relate to the implementation of the contract, and in particular to the implementation of the webinar. Aspects that are not associated with the webinar contract may not be included in the assessment. A self-assessment or inducing third parties to give an evaluation who do not underly a webinar contract, is not allowed.
The assessments are not reviewed by edudip. edudip is entitled to delete evaluations which violate the above provisions.
§ 11 Payments
edudip handles the payment transaction for the payment of participation fees between participants and presenters after the following regulations. Since edudip only acts as a clearing house, edudip does not check the creditworthiness of the members.
The participation fees are to be paid by the participants to edudip before the start of the webinar. As soon as edudip receives the payment, edudip will send a link to the participant with its help the participation on the booked webinar is possible.
Via the system of the platform, bills of the bookings are sent automatically via email on behalf of the presenter to the participants. The teachers will automatically receive a copy of the respective invoice by email.
The registration fees are paid to the teachers after the accomplishment of the webinar.
edudip is technically able to determine whether a webinar was performed or not. If edudip determines through such a test that a webinar has not been held or if a teacher notifies edudip about a cancellation of a webinar that has already been booked, the claim of a teacher's withdrawal of the participation fee expires and in this case edudip reimburses the participants' registration fee in full return to the participants. This does not apply for a webinar that was deficient or not implemented in full length.
§ 12 Fees
I. Membership fees
The use of the platform as part of the basic membership is free. Membership fees are only charged when a membership contract was concluded through a purchase. The prices are on the page „http://www.edudip.com/preise“ where they can be downloaded and printed.
All membership dues specified by edudip are final prices containing the value added tax. Delivery or forwarding expenses do not occur. The fees are due at the signing of the agreement. Members can download their invoices on edudip in the intern area and will be informed about their invoices via email.
If the teacher selects the direct debiting, he has to take over the generated costs (presently at the amount of 5,00 EUR per failed withdrawal), in case that the withdrawal could not occur.
II. Participation fees
The fees for the participation in the webinars (participation fees) conform to the contractual agreements between teacher and participant. The payment of the participation fees becomes due with a successful booking. If a participant selects the debit transfer system, he or she must take over the generated costs in the case of a failed direct debiting (presently 5,00 EUR per failed cashing).
III. Cancellation charges
If a teacher cancels his pay webinar, the teacher has to pay a cancellation charge of 2,50 EUR per registered participant. If a participant cancels his registration on a pay webinar, the participant has to pay a cancellation charge of 5,00 EUR.
§ 13 Exclusion of evading action
The conditions about fees ( § 11) and payment (§ 12) must not be evaded.
§ 14 Duration and termination of a contract
The term of the agreement arises from the specification of the price and services that are applicable at the time of the contract conclusion, respectively. that are applicable at the time of the contract conclusion, respectively..
The contract will renew automatically for the primary duration of the contract if it isn't quit within the period of time specified in the specification of the price and services.
§ 15 Exclusion of a member
edudip can exclude a member and his or her account as well as delete all his or her webinar offers and webinars, if edudip has indications that the member transgresses essential obligations of the terms and conditions or if the member has been assessed negatively, repeatedly. edudip will inform the member about the planned exclusion via email to give him or her the possibility to response. In the case of urgency, edudip is not obligated to this. In every case, edudip will take account of the member's legitimate interests. The right of extraordinary termination remains unaffected.
§ 16 Technical availability
Due to technical reasons, edudip cannot guarantee permanent full availability of the servers on which the platform is operated. At times, the availabilty of the platform may be limited - especially because of necessary maintenance or repair work. edudip will inform all members about the implementation of planned maintenance work and its extent in time by an information on the platform. If the system breaks down unpredictably, edudip will notify the members if possible about the extent and the duration of the outage.
§ 17 Liability
edudip is not liable for material damage and pure financial losses - on whatever legal reason - that arise in connection with the use of the platform, unless the damage arised from the infringement of an essential contractual duty or some other intentional or roughly careless breach of obligation by edudip, their legal representatives or their assistants. Material contractual obligations are obligations whose fulfillment allow the proper execution of the contract and make the achievement of the purpose of the contract possible, so the contracting party can trust on, and as well obligations, which are for the protection of the contractor and its contractual legal positions of fundamental importance.
The liability for material damage and pure financial losses as a result of slightly negligent breach of a contractual obligation is limited to the replacement of the predictable damages when the contract was concluded.
§ 18 Set-off
Members may set off against claims of edudip only with undisputed claims or those declared final and absolute by a court.
§ 19 Release
The members undertake to exempt edudip from all claims of other members or third parties, which enforce these because of the violation of their rights due to the use of the platform through the respective member against edudip. This does not apply if the member is not responsible for the violation of rights. The obligation for exemption includes the acquistion of apporpriate legal defense costs.
§ 20 Final clauses
I. Modification of the terms and conditions
edudip may change these terms and conditions at any time without giving any reasons. The modified terms and conditions will be sent to the members at least three weeks before the scheduled come into force under the typographical emphasis of changes by email.
The members can contradict to the changes within three weeks of receipt of that email. When a member continues the membership without contradicting the changes within this period, the amended terms and conditions are approved. edudip will point out the consequence of a consistent continuation of the contract in that email.
II. Applicable Law
The law of the Federal Republic of Germany shall apply. If a person concludes a membership contract as a consumer, i.e. for a purpose which cannot be regarded as a professional or commercial activity, the provisions of the state in which the user has his habitual residence are to be granted, insofar as they provide the user with greater protection than the law of the Federal Republic of Germany.
If the member is a merchant, a legal entity under public law or special fund under public law, or the member has no general jurisdiction in Germany, Aachen is the jurisdiction for any disputes arising in connection with the membership contract and the use of the platform. This also applies if a member has no general jurisdiction in Germany, moved his residence or usual place of residence after registration from the scope of the Federal Republic of Germany or even if the domicile or the habitual residence is not known at the time of the legal action has been risen.
IV. Severability Clause
The ineffectiveness of a fiscal condition does not affect the validity of the remaining terms and conditions.
As of 24S Jul 2013