This is an automatic translation of the original and legally binding document that you can view here in German.
(1) Subject Matter and Scope of these Shop Terms and Conditions
(1) These Shop Terms and Conditions (Shop Terms) apply to all business relationships between registered users and/or customers of Cleverworks (i.e. “you”) and Human Networks GmbH (i.e. “us”). The version current at the time of the conclusion of the contract shall be authoritative. Furthermore, our Terms of Use and Privacy Policy shall apply.
(2) Our Shop Terms and Conditions, Terms of Use and Privacy Policy shall apply exclusively. Conflicting or from these conditions deviating conditions, which you use if necessary, are not recognized by us, unless we have expressly agreed to their validity in text form.
2. online store: Offer, order and conclusion of contract
(1) The presentation of services or other services of consulting, training and education on the website “Cleverworks.org or Cleverworks.de” do not constitute a legally binding offer, but merely an invitation to order. It may well be that here and there times errors occur in the service description or a price. Therefore, we check an incoming order if necessary again and then confirm the conclusion of the contract later (see below).
(2) By completing the order process, you make a binding offer to conclude the contract. The contract is effectively concluded by our acceptance of the offer. The acceptance of the contract and thus the effective conclusion of the contract takes place via e-mail by sending the invoice. The sending of a confirmation of receipt for an order does not constitute a conclusion of the contract.
(3) You have the option to print out the text of the contract (these terms and conditions) during the ordering process and before concluding the contract. Simply use the print function of your browser. The data specified in the order will be displayed before the order process is completed and you can then make any necessary corrections.
(4) There is no right to conclude a contract and/or register as a user of this website. We take the liberty to reject any offer of a client/customer to conclude a contract without giving reasons.
3 Registration
(1) In order to use certain free or chargeable services of our website, you must register as a user. When registering, certain mandatory information must be provided. This is at least the following information:
- Username
- First and last name
- E-mail address
- Order note
The data is required to create a so-called customer account in the online store system.
Depending on the service requested in each case, however, the following additional data is also required:
- Name of the company
- Last name
- Address
- POSTAL CODE
- City
- Sales tax identification number
Which of these details are mandatory in each case can be seen from the mandatory fields that you are given when registering as a user on the website.
(2) In the case of chargeable services, the name and in particular the company name must be correct. The same applies to the address. Invoices are created automatically on the basis of this information. Should corrections become necessary here, this may lead to additional expenditure, which we would have to charge at an appropriate level after prior consultation with you, if necessary.
(3) All information you provide in connection with registration must be truthful. This is not only a question of good style, but a requirement. We take the liberty of blocking users if facts justify the assumption that untruthful statements have been made in connection with the registration or the use of the website.
(4) Prerequisite for registration is that you have a minimum age of 18 years and are an entrepreneur according to §14 BGB. Minors are generally prohibited from registering.
(5) In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and authorized to represent the entity.
3. responsibility for access data
(1) The login data provided by you in the course of registration (user name, initial password will be sent to you by email) must be kept secret by you and must not be made accessible to unauthorized third parties. Please make sure that you change the initial password to your own password after your first login.
(2) Please ensure that access to and use of chargeable services using your user data is exclusively by you or authorized users. If facts exist that give reason to believe that unauthorized third parties have gained knowledge of your access data, you should inform us immediately so that we can block or change it.
4. note on the right of withdrawal
This offer is intended exclusively for companies from industry, trade, commerce and the liberal professions in accordance with §14 BGB. Consumers in the sense of the BGB are not allowed to order products from this online store. The terms of use of the service Cleverworks apply.
6 Participation in face-to-face trainings/events | Withdrawal/cancellation
(1) If you book a face-to-face training (i.e. no online training) with us, you will receive an invoice for the amount to be paid for the training participation. Upon receipt of the invoice by e-mail, participation in the training is confirmed and a contract for participation in the training is concluded.
(2) You have the option to withdraw from the contract free of charge no later than 30 days before the start of the training. If the fee has already been paid, we will transfer it back to you. If you cannot participate yourself, you are welcome to name a substitute person by e-mail who can participate in your place.
(3) In case of withdrawal from the contract 29 days or less before the start of the training, only 20% of the already paid fee will be refunded.
(4) The declaration of withdrawal can be made in writing or in text form (e.g. e-mail/fax). The best option is to notify us by e-mail. This speeds up and facilitates the processing of the withdrawal for us.
7. participation in online courses
(1) If you have booked an online course via with us, you will receive access to the respective course after purchase. A claim to access exists only after payment for the online course has been made. We may make access to a course dependent on payment having been made.
(2) For free online courses, the availability of the courses is not guaranteed. For paid online courses we guarantee an availability of 98% on an annual average. Not included in the calculation of availability are the regular maintenance windows, which can be 8 hours each week and are usually carried out between 6:00 pm and 8:00 am Central European Time. We will notify you in advance in text form of any planned maintenance work that deviates from this, insofar as this is possible.
(3) Some online courses offer the option of creating a digital certificate (in PDF format). You can download the certificate in your online course area.
(4) We reserve the right to regularly optimize, expand or make editorial adjustments to the course content. As a rule, this will be done to correct errors or to update the content with regard to newer developments.
8. membership programs (“membership”)
(1) We also offer content on our website that is only accessible to certain registered members. These are so-called “Membership” programs, through which selected content is only accessible to registered members of the respective “Membership” program. The offers and availabilities can be found on our homepage.
(2) In connection with the Membership Program, webinars and coaching sessions are also offered via the Internet. In order to conduct the webinars and coaching sessions via the Internet, we use technology from third-party providers who may also be based in the USA. We select these service providers according to our personal, high standards for data protection and data security. However, especially in the area of providers of these technologies, there are currently not always comparably good European alternatives to providers in the USA.
(3) The duration, termination options and regulations for any free trial periods granted for the respective membership can be found in the respective description of the “Membership” program.
9. payment
(1) The possible payment methods (e.g. invoice, Paypal) for payment can vary per product. As a rule, you can always pay by Paypal. In addition, e.g. for longer memberships, payment by invoice is also possible. The options for payment will be indicated during the order processing and before sending your order.
(2) You will receive your invoice by e-mail in the form of a PDF document. We use the financial service provider Holvi.com for this purpose. A data protection agreement has been concluded with Holvi. You can for invoices for services. If you need a paper invoice, you can request it by email. We charge a processing fee of 10€ plus VAT.
10. prices & due date
(1) The prices for our services are listed in the respective product description. The stated prices are net prices and do not include VAT.
(2) You will receive an invoice for the agreed remuneration after the order has been executed. The invoice amount is due immediately upon receipt of the invoice and is payable to us within 7 days, unless otherwise stated in the invoice.
11. delivery & making available
(1) Our services, which you can make use of via our website, only concern services in connection with training/instruction. A shipment of goods does not take place.
(2) In the case of virtual products such as downloads, online courses or access to our cloud services, you will receive the option of downloading or accessing via your account area (or a link via e-mail) or you can access the online courses via your account area.
12. warranty
The statutory warranty rights apply.
13 Termination / Termination of the contractual relationship
(1) We offer various services via our website. The services, e.g. membership programs, may have a minimum contract period, which can be found in the respective service description and is part of the contract. You and we can terminate a contractual relationship at any time without giving reasons at the end of the respective minimum contract period, provided that the term is not limited from the outset. In that case, the contractual relationship shall end at the end of the respective term.
(2) In the event of termination, you can initiate the termination most conveniently by email. However, this is not possible for all services that we offer. In any case, you can also give notice of termination in writing or in text form (e.g. e-mail). If we give notice of termination, we will send it to you in text form (e.g. e-mail).
(2) An extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on our part exists in particular if you intentionally violate provisions of this store agreement and / or intentionally or negligently committed prohibited acts.
14 Data protection
(1) We collect, process and use your personal data to the extent necessary for the provision of our services and/or the operation of this website. We point out that in the case of orders in our online store (documents, cloud services, online courses, training courses, etc.), data (IP address, time of order and retrieval, etc.) are also collected and stored. This serves primarily to provide evidence of the conclusion of the contract as well as the use of the service. However, it also serves to ward off attempts at fraud. Unfortunately, it happens again and again that people try to gain access to this site by stating false facts or bypassing protective measures. We use automated procedures that can recognize and ward off such access attempts. In this context, IP addresses in particular are also stored temporarily. The storage period will generally not exceed 7 days. In the event that our website is repeatedly misused by an IP address, we reserve the right to store the IP address permanently in order to be able to block the IP address.
(2) When you order a service via the website, a user account is also created for you.
(3) As a matter of principle, your personal data will not be passed on to third parties unless this is necessary for the provision of the services to you. If, for example, you use the payment method Paypal or credit card, the data required for payment processing will be passed on to the respective payment processor (Paypal or Holvi.com). We also use third-party services for parts of the service provision, e.g. the web hosting provider. We ensure that the service providers either do not (can) take note of your personal data or only do so if the legal requirements are met.
(4) Insofar as we should obtain consent from you for the use of data, we also point out here that you can of course revoke this at any time with effect for the future.
(5) All e-mails sent to you in the form of newsletter e-mails are sent via the Cleverworks system. For more information on this topic, please refer to the section “Cleverworks Marketing Cloud Service” in our privacy policy, which is expressly referred to here.
At the beginning of your coaching session, you will be informed by e-mail about the possibility of subscribing to the coaching newsletter. You do not have to subscribe to the newsletter. However, in order to be conveniently up to date and to get the most out of the coaching, we would recommend that you subscribe to the coaching newsletter. You can unsubscribe from the newsletter at any time.
(6) If you receive e-mails that concern extensions of our software or that are generated from our store system (confirmation of receipt, invoice delivery, etc.), these are so-called transactional e-mails. In order to guarantee or optimize the delivery of these e-mails, we use the Cleverworks system itself.We reserve the right to use technical methods that can prove the receipt of e-mails or the opening of e-mails by the recipient. Here, too, we refer to our privacy policy.
(7) If the services are provided to you as part of an invoiced customer relationship, we would like to point out that the data will be stored for 10 years in accordance with the law. The period begins at the end of the year in which the respective customer order was completed. If you do not expressly request further storage before the end of the period, this data will then be deleted, unless other storage obligations apply.
(8) In all other respects, our privacy policy applies, which you can access here.
15 Limitation of liability
(1) In the event of intent or gross negligence, we shall be liable for all damages caused by us in connection with the provision of the contractual services up to the maximum value of the service provided.
(2) In the case of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health.
(3) Otherwise, we shall only be liable in connection with the provision of our services if we have breached a material contractual obligation. Essential contractual obligations are defined in the abstract as obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment you may regularly rely. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.
(4) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.
16 Blocking of access
We may block your access to our website and to our Cleverworks Cloud Service temporarily or permanently if there are concrete indications that you are violating or have violated these Shop Agreements or our User Agreements and/or applicable law or if we have another legitimate, substantial interest in blocking you. When deciding on a blocking, we will take your legitimate interests into account appropriately.
17 Changes to the terms and conditions
We reserve the right to change these terms and conditions at any time, even within the existing contractual relationship. About such changes we will inform you at least 3 weeks before the planned entry into force of the changes. If you do not object within 3 weeks of receipt of the notification, the changes shall be deemed to have been agreed as of the expiry of the deadline. In the notification of change, we will inform you of your right to object and of the consequences of an objection. In the event of an objection, we shall be entitled to terminate the contractual relationship with you as of the planned effective date of the changes.
18. final provisions
(1) The law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, Fulda shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) If provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions.
(4) Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/.Wirsindnichtbereit and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: 05/2018