Terms and conditions for the purchase of user licences for the WBThek
These terms and conditions apply to all license acquisitions by licensees of WBThek. Licensees book the licenses for users of the WBThek, which are defined by the licensee, with the contractual partner (hereinafter referred to as CP).
Operator and author of the WBThek or the associated e-learning platform is GOING PUBLIC! Akademie für Finanzberatung AG, Dudenstraße 10, 10965 Berlin, hereinafter referred to as "GOING PUBLIC!
The "General Terms and Conditions of Use of the e-learning platform GOING PUBLIC!" apply to the users and must be confirmed when the WBThek is first called up.
§ 1 Subject matter of the contract
(1) Subject matter of the contract is the transfer of the use of the WBThek by Merchant to the Licensee and the users named by the Licensee for a limited period of time. The scope of use is defined by these Terms and Conditions.
(2) The WBThek shall be made available exclusively online.
(3) The WBThek includes the functions listed on the homepage www.wbthek.de or www.akademie-fuer-finanzberatung.de in the service description. The licensee can see in the service description under which browsers the WBThek has been tested for functionality.
(4) GOING PUBLIC! shall regularly - usually once per calendar year - adapt the WBThek to current developments (e.g. tax, legal, economic). These adjustments are included in the user fee.
(5) If the adjustments also require fundamental changes to the content, certain topics can be temporarily removed from the WBThek. Each user reported by the licensee shall be fully evaluated as a user within the scope of the acquired licence for the calendar year in question and cannot be exchanged for other users during the year.
(6) The Users shall be deactivated after expiry of the contract period.
§ 2 Ownership of rights, granting of rights, reproduction
(1) The WBThek is property of GOING PUBLIC! It is protected by copyright.
(2) The CP shall grant the licensee the simple, non-exclusive right to use the WBThek within the scope of these provisions for the duration of the contract. The rights of use refer to the users.
(3) After termination of the contractual relationship, any further use of the WBThek by the Users is prohibited.
§ 3 Passing on
(1) The licensee may use the WBThek himself and transfer the rights of use free of charge to the users registered by him. A businesslike transfer to third parties is not permitted, unless expressly agreed otherwise. In particular, the licensee is not permitted to sell the WBThek to third parties or to transfer it for a limited period of time, to rent or lend it.
(2) For each violation of the prohibition of passing on as per paragraph (1), the Licensee undertakes to pay a lump-sum contractual penalty of 2,500.00 €, excluding the continuation of the contract. The assertion of further claims for damages remains unaffected.
(3) The Licensee undertakes to keep the personal access data to the WBThek secret and not to disclose them to any third party or prevent access to them by third parties. If the Licensee becomes aware that third parties have obtained knowledge of these data, or if there is at least a suspicion of such knowledge, the Licensee is obliged to change the access data immediately. The Merchant shall be entitled to block access if there is a justified suspicion of misuse of the data access. The licensee shall bear all damages resulting from a culpable violation of the above provisions regarding the personal access data.
§ 4 Accounting and adjustment of user charges
(1) Unless otherwise agreed in text form, the Merchant shall invoice the usage fees annually in advance.
(2) Any user who is newly registered during the course of the year in excess of the minimum number of licenses shall be fully counted as a user within the scope of the acquired license for the respective calendar year.
(3) If users are deregistered during the course of the year, this shall not reduce the invoice amount of the respective calendar year.
(4) The agreed user fees may be increased by Merchant at most once a year. The increase shall apply from 01.01. of the following calendar year and shall be notified 3 months in advance of the end of the year.
(5) If the percentage increase of the new fee in relation to the previous year's fee is higher than the price increase in relation to the harmonised consumer price index, the licensee has the right to terminate the agreement, which in this case must be exercised with a notice period of 6 weeks to the end of the year.
(6) If the Licensee is in default with more than one due payment from this agreement, Merchant may withhold the services and have the access to the WBThek blocked for all users. This retention shall not affect the fees agreed upon in this agreement.
§ 5 Use in training courses and seminars
The use of the WBThek in training courses, seminars, presentations or similar is prohibited. Use requires a special agreement with the CP.
§ 6 Liability
(1) No guarantee can be given for the correctness and topicality of the contents, despite the greatest possible care in preparation and updating. Calculations serve only to clarify content and may only represent approximate values. The users alone remain responsible for the correctness of the content of consultations, processing, analyses and other activities.
(2) Merchant shall be liable without limitation for damages due to the lack of warranted characteristics. The same applies to damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the Merchant or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Merchant.
(3) Apart from this, the CP shall only be liable for intent or gross negligence of his legal representatives and executive employees, unless a duty is violated, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal duty). The Merchant shall only be liable for the fault of other vicarious agents to the extent of the liability for the violation of cardinal obligations.
(4) In case of violation of a cardinal obligation, the Merchant shall also be liable for slight negligence. However, the liability is limited to five times the annual fee and to such damages that are typically expected to occur in the context of a rental of comparable services.
(5) Liability for loss of data shall be limited to the typical restoration costs that would have been incurred if back-up copies had been made regularly and in accordance with the risk..
(7) The liability according to the product liability law remains unaffected.
§ 7 Duty of care
If a user or employee of the licensee infringes the copyright of GOING PUBLIC! the licensee is obliged to cooperate to the best of his ability in the clarification of the copyright infringement and in particular to inform GOING PUBLIC! immediately of the corresponding infringement actions.
§ 8 Data protection
(1) The data necessary for the processing and execution of the contract will be processed and stored in accordance with the applicable data protection laws. Insofar as necessary for contract processing and handling, the data may be passed on to affiliated companies as well as third parties engaged for contract processing and handling. All personal data will be treated confidentially.
(2) Merchant shall be entitled to transfer the personal data to affiliated companies for the purpose of credit assessment and credit monitoring within the scope of a data exchange.
§ 9 Choice of law and place of jurisdiction
(1) This contract is subject exclusively to German law.
(2) If the Licensee is a merchant in terms of the German Commercial Code, a legal entity under public law or a special fund under public law, the Merchant's place of business shall be agreed as the place of jurisdiction for all disputes arising in the course of the execution or settlement of this contractual relationship.
(3) The place of performance shall be Berlin.
§ 10 Amendment of these terms and conditions, invalidity of individual provisions
(1) The licensee will be notified of any changes to these terms and conditions in text form. If the Licensee has provided Merchant with an e-mail address within the scope of the business relationship and has agreed to electronic communication, the amendments may also be transmitted in this way if the type of transmission allows the Licensee to save or print out the amendments in a legible form. They are deemed to be approved if the licensee does not object in text form. Merchant shall specifically draw his attention to this consequence when notifying him. The licensee must raise the objection within six weeks after notification of the changes. The timely dispatch of the objection shall be sufficient for compliance with the deadline.
(2) Should any individual provision of these Terms and Conditions be invalid, ineffective or unenforceable, this shall not affect the validity of the other provisions. In such a case, the parties shall replace the omitted provision by mutual agreement with another legally effective provision that fulfils the purpose of the omitted provision as closely as possible. If an agreement on this fails, either party may request the court to replace the omitted provision.