Terms and conditions
VOCANTO GmbH, Otto-Lilienthal-Straße 11, 50259 Pulheim, Germany (“we”) provides an internet-based technical and organizational platform with a learning management system (“portal”) under the domain vocanto.com, in which Find content on vocational and higher education for private and institutional users.
1.2 These GTC apply to all services available via the portal. All agreements that are made between VOCANTO and the user are set out in these GTC and in the email sent by VOCANTO after registration or ordering chargeable services. The agreements between VOCANTO and the user are not stored in any other way.
1.3 The priority of individual agreements over these GTC remains unaffected. With his registration, the user recognizes the GTC valid at this point in time by confirming the validity of these GTC by clicking on a corresponding button before completing the registration, but at the latest before accessing the portal for the first time. These GTC apply as a framework agreement from this point in time for any future use of the portal.
1.4 The sole contract language is German.
2 scope of services
2.1 Via the portal, VOCANTO offers users various functions for vocational training and higher education, in particular making learning content, authoring and user tools, as well as management and evaluation functions accessible. The functions consist of basic functions and extended specialist functions. In addition, VOCANTO also offers a communication function for users to communicate with one another via the portal, as well as the option of creating groups limited to certain users. User training requires a separate agreement with VOCANTO.
2.2 VOCANTO provides the portal "as is" with the content and functions available at the time of registration by the user. VOCANTO is not responsible for making interfaces, source codes or documentation accessible.
2.3 VOCANTO will make updates and improvements ("Updates") available at its own reasonable discretion. In addition, VOCANTO is free to permanently or temporarily discontinue the portal in whole or in part at any time, taking into account the interests of the users Allow users a reasonable period of time to migrate the affected functions and content to another portal or service provider.
2.4 If the user has paid access to the portal, contrary to Section 2.2, VOCANTO will not make any changes to the scope of services to the detriment of the user that would affect VOCANTO's essential contractual obligations. "Essential contractual obligations" are all obligations of VOCANTO, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the user trusts and can trust.
2.5 VOCANTO only owes a certain quality of the portal, including the interoperability of the portal with the hardware or software available at the user, if this has been expressly assured to the user in these GTC or in the context of a contract in text form. Unless otherwise agreed in a contract, the user is not entitled to a specific availability of individual or all functions and contents of the portal. Availability may be partially or fully restricted due to technical faults for which VOCANTO is not responsible or for reasons of force majeure (power or internet failure, fire, explosion, earthquake, storm, flood, industrial action for which VOCANTO is not responsible). The same applies to time slots with maintenance work, which serve to maintain or improve the operability, functionality or security of the portal. As far as possible and reasonable, VOCANTO will inform users in good time of planned downtimes.
2.6 VOCANTO is entitled to operate the portal itself or through third parties (“subcontractors”). VOCANTO can transfer contracts with the user about the use of the portal to a third party at any time if the company is affiliated with VOCANTO within the meaning of §§ 15 ff. AktG. Otherwise, the transfer requires the prior consent of the user, which the user may only refuse for an important reason. The consent is deemed to have been given if VOCANTO has informed the user of the transfer of the contract and his right to object in writing and the user has not objected to the transfer in text form for an important reason within four weeks of receiving the notification.
3 Use of the portal
3.1 Access to the portal is via the Internet with an up-to-date browser supported by the portal or with an application for mobile devices (smartphones, tablets) provided by VOCANTO for this purpose under the operating systems and versions supported by VOCANTO. The user is responsible for his internet access (in particular availability, bandwidth) and the provision of the hardware and applications required for using the portal (in particular browsers, plugins, apps).
3.2 Individual functions and content of the portal can optionally also be used outside the portal by means of synchronization and offline storage of content with apps that are suitable for this purpose and that may have been approved by VOCANTO for this purpose. The user is only entitled to this if this is expressly part of the contract between VOCANTO and the user.
3.3 The user may not misuse the portal for purposes that are inappropriate, contrary to the contract or illegal. Abuse is particularly in the form of expressing, distributing, downloading or supporting illegal, discriminatory, inflammatory or defamatory content. In particular, the user is prohibited from
VOCANTO can report criminal offenses or administrative offenses to the responsible public prosecutor's office or authority.
4 Registration and Due Diligence
4.1 The access to the portal requires the registration of the user. Access is personalized, cannot be shared with third parties and cannot be transferred to third parties. Username and password are to be kept secret by the user.
4.2 When registering, contact details and any other information required for registration (“registration data”) must be provided completely and correctly. Only teachers, trainees, schoolchildren and alumni with a minimum age of 14 can register. Registration takes place by entering the required information in a form provided in the portal. After successful registration, VOCANTO will send the user an email confirming the successful registration. There is no entitlement to registration.
4.3 When registering for a paid access, further information required for the execution of the payment is required. Payment can be made by SEPA direct debit or by credit card using the PAYONE PaymentService (https://www.payone.de/) integrated in the portal. The following additional information is required for payment by SEPA direct debit: Name of the account holder, account number and bank code or IBAN and BIC. When paying by credit card, the following additional information is required: name of the cardholder, type of credit card (Mastercard, Visacard), card number, validity and card verification number.
4.4 The user informs VOCANTO immediately by telephone or email if there is a risk of misuse of the portal by persons not authorized to use it. This is particularly the case if the user's access data has been lost or a third party could have gained knowledge of the user's access data. In this case, VOCANTO is entitled to block access immediately until new access data has been issued.
5 content in the portal
5.1 With the portal, VOCANTO provides the technical and organizational platform for using the functions for the purposes of vocational training and higher education, initially primarily in the field of motor vehicle mechatronics and electrical engineering. With regard to the texts, details, information, images, graphics, videos or other content ("information") placed on the portal via the access of the user or at his request by third parties, VOCANTO is exclusively a technical service provider for third-party information. VOCANTO identifies its own information as such or provides support information on using the portal (e.g. help functions).
5.2 The user receives a simple right of use for the content and functions available in the portal, limited to the term and purpose of the contract, to use the content and functions within the portal and, if permitted by the contract, for synchronization and offline storage of content from VOCANTO for this purpose approved apps. Any other use, in particular distribution, duplication and making available to the public outside the portal or the apps released for offline use, as well as the transfer of content to the databases of the user or third parties, is prohibited.
5.3 All transfers of information are provided exclusively for the purpose of providing functions of the portal and are only initiated by the users and, if applicable, third parties. The users select the addressees of the information they transmit themselves. The transmitted information is not selected or changed by VOCANTO. VOCANTO does not supervise the user during the transmission and does not issue any instructions. The user is responsible for compliance with the legal regulations with regard to the information posted or otherwise stored by him or at his instigation by third parties. Should the user or a third party become aware that such information obviously violates the rights of third parties,
5.4 If VOCANTO becomes aware of illegal use of the portal or of individual functions or of illegal information posted or otherwise stored by the user or at his instigation in connection with the use of the portal, VOCANTO is entitled to temporarily or permanently stop the user from using the portal or individually Exclude functions and block access. The assertion of other claims remains unaffected. The same applies to the risk of misuse of the portal by third parties who are not authorized to use it. For this purpose, VOCANTO creates pseudonymised usage profiles.
5.5 The user can access external websites that are not operated by VOCANTO via links in the portal. Such links are either clearly marked or can be recognized by a change in the address line of the browser. VOCANTO is not responsible for the information available on such external websites.
5.6 The user regularly creates backups of the information posted or stored in the portal by him or at his instigation, insofar as this is provided for by VOCANTO and corresponds to any security requirements of VOCANTO. In addition, VOCANTO ensures an appropriate and customary backup of the portal in order to be able to restore it in an emergency, as far as possible and reasonable, without loss of information for the user.
6.1 After registration, the user can use the portal free of charge at VOCANTO's own reasonable discretion to a limited extent. There is no entitlement to free use. VOCANTO reserves the right to make content and functions available permanently or temporarily initially free of charge for a fee at any time or to make previously paid content and functions available free of charge. However, the user is only liable for costs if a contract has been concluded between VOCANTO and the user and VOCANTO has expressly advised the user of the obligation to pay in accordance with the legal requirements.
6.2 The user will be informed of the remuneration for chargeable use prior to the conclusion of the contract and must be paid in advance by the user at the beginning of each calendar month for the current calendar month using the payment methods provided by VOCANTO. The contract for the chargeable use of the portal comes into effect on an order placed by the user in the portal, which is confirmed by VOCANTO. The confirmation can also be made by activating the chargeable use of the portal by VOCANTO after payment of the remuneration by the user. Until the submission of his order by clicking on the "use for a fee" button in a form available for this in the portal, the user can cancel the order at any time or use the information provided by him in the order (e.g. to the payment method). VOCANTO will immediately confirm receipt of the order by email in accordance with Section 312i Paragraph 1 Sentence 1 No. 3 BGB.
6.3 The invoices issued by VOCANTO for the chargeable use of the portal are due immediately and payable in advance without deduction. If no payment is made, VOCANTO is entitled to block the use of the portal due to the chargeable functions until receipt of payment. Statutory claims by VOCANTO in the event of default by the user remain unaffected.
7 Right of withdrawal for consumers for the delivery of digital content
When using the portal for a fee, consumers have the following right of withdrawal:
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (VOCANTO GmbH, Otto-Lilienthal-Straße 11, 50259 Pulheim, phone: +49 2273 567-892, fax: +49 2273 567-253, email: email@example.com ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
END OF REVOCATION
Expiry of the right of withdrawal
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a data carrier if the consumer has expressly agreed that the entrepreneur will begin executing the contract before the withdrawal period has expired and the consumer has confirmed his knowledge that he is The entrepreneur loses his right of withdrawal through his consent with the start of execution.
8 Liability and Sanctions
8.1 If the user uses the portal free of charge, VOCANTO's liability for simple negligence is excluded. This does not apply to injury to life, body or health, to properties guaranteed by VOCANTO or to liability under the Product Liability Act. This also applies to legal representatives, vicarious agents and subcontractors of VOCANTO.
8.2 If the portal is used for a fee, VOCANTO's liability for simple negligence is excluded. This does not apply to injury to life, limb or health, to properties guaranteed by VOCANTO, to liability under the Product Liability Act or to breach of essential contractual obligations. In the event of a breach of essential contractual obligations, liability for indirect damage in the event of simple negligence is excluded and otherwise limited to foreseeable damage typical for the contract. This also applies to legal representatives, vicarious agents and subcontractors of VOCANTO.
8.3 The user is liable for his own breaches of duty in connection with the use of the portal or individual functions. The user indemnifies VOCANTO in economic terms from all claims of other users or third parties that are asserted due to an illegal act or information through his use of the portal . This does not apply if the user is not responsible for the infringement. Other claims by VOCANTO against the user remain unaffected.
9 Confidentiality, data protection
9.1 The information posted or otherwise stored in the portal by the user or at his request is only accessible to VOCANTO and its subcontractors. The information is only used insofar as this is necessary for the contractual provision of the portal. The user's information is only made available to third parties if it has been approved or otherwise shared by the user for this purpose.
9.2 VOCANTO collects, processes and uses personal data as part of the operation of the portal. When operating the portal, VOCANTO observes the statutory provisions on data protection, in particular the Federal Data Protection Act (BDSG). All information on the handling of personal data by VOCANTO in connection with the portal can be found in the data protection declaration.
10 changes to these GTC
VOCANTO reserves the right to make changes to these GTC at any time. Such changes will only become effective if the user does not object to the change in text form within one month of receipt of a change notification and VOCANTO has informed the user of this deadline and the right to object in the notification. If the user objects in writing within the deadline, the previous GTU continue to apply. In this case, however, VOCANTO is entitled to terminate the user relationship within one month of receipt of the objection with a notice period of two weeks.
11 Termination, termination
11.1 The user can stop using the portal at any time by deregistering his access to the portal or by terminating the contract with VOCANTO. If the user stops using the portal for a fee before the last paid period of use has expired, VOCANTO will not reimburse the remuneration already paid. After the paid use has been discontinued, the user is entitled to continue to use the functions and content of the portal that are available free of charge.
11.2 VOCANTO is entitled to terminate the contract with the user by giving two weeks' notice. When the termination takes effect, the right to use the portal ends. VOCANTO reserves the right to block the user's access from this point in time.
11.3 VOCANTO is entitled, one month after the end of the contract and subject to any longer statutory retention requirements, to delete all information posted or otherwise stored in the portal by the user or at his instigation, as well as other data that has arisen in connection with the use of the portal.
11.4 The right to extraordinary termination for good cause remains unaffected (§ 314 BGB). An important reason for VOCANTO is in particular if the user continues to violate these GTU seriously or despite a warning and culpably. Misuse of the portal within the meaning of Section 3.3 is always considered a serious violation.
11.5 Terminations must always be made in text form.
12 final provisions
12.1 Communication with the customer usually takes place by email.
12.2 German law applies to the exclusion of the UN Sales Convention and the conflict of laws; Art. 3 para. 3, para. 4 Rome I Regulation remain unaffected. In business dealings with consumers residing in the European Union, the law at the consumer's place of residence is also exceptionally applicable if it is a matter of mandatory consumer protection provisions.
12.3 The place of jurisdiction is Kerpen if the user does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after the conclusion of the contract or the place of residence or usual place of residence of the user is not known at the time the action is brought.
12.4 Should individual provisions of these GTC be wholly or partially ineffective, this shall not affect the validity of the remaining provisions. In this case, the legal regulations apply. The same applies if there is a gap in these GTU.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
----- Start of sample withdrawal form -----
Phone: +49 2273 567-892
Fax: +49 2273 567-253
I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following services (*):
Received at (*):
Name of the consumer (s):
Address of the consumer (s):
(only with notification on paper)
Signature of the consumer (s):
(*) Delete where inapplicable.
----- End of sample withdrawal form -----