The activeMind.academy training portal is a service provided by activeMind AG Management- und Technologieberatung, Potsdamer Straße 3, 80802 Munich. The following general terms and conditions apply as of version 1.0 from 5 November 2020:
Scope
These General Terms and Conditions (hereinafter “T&Cs”) of activeMind AG Management- und Technologieberatung (hereinafter “User”) apply to all contracts entered into by a company (hereinafter “Customer”) with the user for the access to and the use of the activeMind.academy training portal (hereinafter “the Portal”).
We hereby expressly object to the inclusion of the Customer’s own terms, unless they have been agreed upon.
“Company” in terms of the T&Cs is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts to exercise his/her or its, trade, business or profession.
Insofar as the use of the training portal was already arranged and a flat rate calculated in an ongoing support contract between the Customer and activeMind, the conditions of the contract take precedence over the GTC in the case of inconsistencies.
Contractual partner
Our offer is aimed exclusively at companies, as a result of which only companies can become partners.
The contractual partner of the customer is
activeMind AG Management- und Technologieberatung
Potsdamer Straße 3
D-80802 Munich
Germany
Terms of contract
The terms of contract is the Portal set up with the contractually agreed – training content for the duration of the contractual period. The Customer will receive the contractually agreed – number of individual access grants, each of which may only be used by one person (“Participant”). The Participant can take part in the contractually agreed – training content within the Portal and receive, if applicable, a certificate upon successful training completion. The Customer will be able to carry out the administration of Participants through group leader access.
Availability reservation
Access to the Portal is subject to availability. One hundred percent availability is not possible on technical grounds and can therefore not be guaranteed by the User. In particular, maintenance, security or capacity issues as well as events that are beyond the User’s control can lead to disruptions in availability. The User will do everything possible to ensure availability. For example, maintenance work will be carried out at times of low use, if possible. In the event of unavailability, the User will take appropriate measures to restore availability as soon as he becomes aware of the issue.
Portal use – rights and obligations
The User will provide access to the contractually required training materials in the Portal. It is the responsibility of the Customer to provide the Participants the technical means for using the training materials. This includes the appropriate hardware and software and sufficient internet capacity and speed for audio and video playback.
The Customer can carry out Participant administration through the group leader access.
The Customer is obligated to protect the access granted by the User from unauthorised third party access. The User will thereby support the Customer by requiring secure passwords. If the Customer becomes aware of unauthorised access, he is to inform the User immediately.
It is prohibited for the Customer to record or download training content, for example videos, unless otherwise expressly agreed upon.
The Customer can send support requests via email or the contact form.
Granting of document usage rights
All documents made available to the Customer by the User are protected by copyright. The Customer is granted a simple right of use, which is not transferable. The documents may therefore only be used for the Customer’s own purposes.
Permitted use by the Customer includes the use of the documents in business transactions in accordance with their purpose. As a rule, the purpose includes providing training content or verifying successful training completion.
Any use of the documents or parts thereof beyond their intended use is prohibited without the User’s written consent. In particular, it is inadmissible to exploit the documents or parts thereof or commercially use them beyond their intended use (e.g. sales, rental or hire) and to pass the documents in whole or in part to third parties, unless this is necessary to fulfil burden of proof obligations or due to legal obligations.
Conclusion of contract
The User will send an offer based on a request, for example through the contact form provided in the Portal site. The User is bound to this offer for 4 weeks. The contract takes effect upon offer acceptance.
Data protection
The closing of a processing agreement, which is a part of the offer from activeMind, is a condition of the contract. By accepting the offer, the Customer confirms that he will enter into the processing agreement that will be provided by the User. The User will process personal data on behalf of the Customer in fulfilment of the contract. The Customer is the controller of the processing, according to GDPR Art. 4 No. 7, the User the processor according to GDPR Art. 4 No. 8. The conclusion of a Data Processing Agreement according to GDPR Art. 28 Paragraph 3 is a required condition to bring the contractually obligated services in accordance with applicable law.
Right of withdrawal
There is no right of withdrawal unless otherwise agreed upon on an individual basis.
Payment
A fee must be paid to take advantage of the services provided through the activeMind.academy training portal. The payment amount is based on the services offered.
If the offer does not show the statutory value added tax, it is a net price to which the statutory value added tax will be added.
Payment is made by invoice. Invoicing is carried out monthly. Unless otherwise agreed upon, payment amount is due within 14 days after the invoice date without deduction.
For payments in countries outside of the European Union, additional costs may arise in individual cases. The User is not responsible for such costs. Such additional costs, e.g. costs for the transfer of money by credit institutions are to be borneby the Customer..
Liability
In the event of a negligent breach of an essential contractual obligation, liability is limited to the average damages foreseeable when the contract was concluded. Essential contractual obligation are obligations that the contract imposes on the User according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which the customer can rely upon.
Further liability is excluded. This exclusion does not affect claims due to wilful or gross negligent breaches of duty, malice and in the case of injury to life, limb or health.
Duration and termination
The cooperation has a minimum duration as detailed in the offer. It can be properly terminated by the end of the calendar month. It will be extended a further 6 months, if it was not terminated in writing 3 months before the end of the current duration. The right to extraordinary termination for good reason remains unaffected.
Within 30 days after contract closing, the Customer has the right to immediately terminate the cooperation with a written explanation to the User. In this case, partially rendered services will be invoiced proportionally.
Applicable law
The law of the Federal Republic of Germany applied to all legal relationships between the parties.
Final provisions
For all disputes arising from the contractual relationship, an action must be brought before the court in the place of the registered office of the User. The User is also entitled to sue at the Customer’s headquarters.
We reserve the right to extraordinary termination and to block access to the Portal, as well as to also take legal action, in the event of breaches of contractual obligations, in particular the recording or downloading of training materials or if the rights of use granted to the documents are exceeded.