English translations of the “Allgemeine Geschaftsbedingungen (“AGB”)” are intended solely as a convenience to non-German-reading persons. Only the German text published the www.südwissen.de website is legally binding. In the event of any conflict between the
English and German text, its structure, meaning or interpretation, the German text, its
structure, meaning or interpretation shall prevail.
DATED: JUNE 2020
Recital
„südwissen“ is a cooperative brand of Furtwangen University’s HFU Akademie and Freiburg
University’s Freiburger Akademie für Universitäre Weiterbildung (FRAUW). It facilitates universities continued education efforts in Germany’s southwest and beyond.
Our network consists on the one hand of individuals, companies and organisations wishing to continue their education („users“) and the universities’ academic and further education experts on the other hand. By bringing together both sides – supply and demand – we facilitate a mutual exchange of ideas, knowledge and technology.
One of our services to this end is the operation of the www.südwissen.de website. In addition to information on academic continuing education, the continuing education offers („content“) by the universities are also shown and can be booked via the website.
Furthermore, we offer advice on any of the information available on www.südwissen.de as well as with registration. We are also happy to put you in touch with the right person at one of the universities for all your subject-specific continuing education questions.
1. Subject matter
1.1 The following terms and conditions (Allgemeinen Geschäftsbedingungen („AGB“)) govern the use of the services offered in connection with the delivery of content on the www.südwissen.de website. Such services are offered by the Albert-Ludwigs-Universität Freiburg, Friedrichstraße 39, 79098 Freiburg, cf. our legal notice page.
1.2 By using this website, the user agrees to the (German) AGBs – in the version as is published at the time of access – in their entirety.
1.3 Content offered to the user on this website by continuing education providers are additionally subject to the specific conditions of the third party provider in question. Therefore the user will have to consider and accept the terms and conditions of the continuing education partner in question prior to each booking. Our relationships with the continuing education providers are governed by the individual cooperation agreements we have with them.
1.4 A user’s deviating terms and conditions shall not become part of the contract. Even if we do not expressly contradict. They shall also not become part of the contract even if we provide our services to the user under the contract in full despite being aware of the user’s deviating conditions.
2. Order process and formation of contract
2.1 On our website, we allow the user to access information on our content. To this end, the
website provides contact forms. These contact forms are intended to provide the südwissen-team with the necessary user data. Thus enabling the südwissen-team to forward the
requested information to the user or to otherwise contact them.
2.2 As regards the selection of content, the www.südwissen.de website merely acts as a facilitator. Any contract regarding content will always be exclusively between the user and the continuing education provider selected.
2.3 The user can select continuing education providers‘ content and collect it using this button [book now] in a virtual shopping basket without commitment. The content selection can be adjusted within the shopping basket. Within the basket, the user can use the [continue to checkout] button to complete the booking. Prior to completing the booking, the user will be asked to enter all data required for the booking into a booking form.
2.4 Using the [place payable order] button, the user bindingly requests to buy the items in the shopping basket. We transmit this request to the continuing education provider. Prior to
submitting the order, the user can check and change the data at any time; they can also use the browser function „back“ [„zurück“] to return to the shopping basket or discontinue the order process altogether. Required information is marked with an asterisk (*).
2.5 Upon completion of a booking, the user will receive an automatic confirmation email listing all data entered. The user can print this receipt using the browser „print“ [„Drucken“] function (order confirmation). This order confirmation merely documents that both we and the continuing education provider have received the user’s order, it is not an acceptance of the order. A contract will only be effected once the continued education provider within one week (1) informs the user that there place is confirmed by sending a second email, an express order confirmation. Where such confirmation is not possible due to missing documents or similar reasons which prevent an evaluation of the booking for a continued education course which may be subject to admission restrictions, the user has to be notified of the delay.
2.6 By making a booking with a continued education provider, the user accepts this provider’s terms and conditions with regard to cancellation and non-attendance as well as all of the
provider’s other terms and conditions applicable to the continuing education course booked by the user (including the schedule of fees / AGB the continued education providers make available through our platform). The user will receive any continuing education provider‘s specific conditions from this provider. The continuing education provider’s general terms and conditions as regards cancellation and non-attendance are available on the continuing
education provider’s information pages on our website as well as in the confirmation email and, where applicable, the user’s letter of admission.
2.7 The user should be aware that for some prices, fees and offers cancellation, refunds or changes may not be possible. Even if you do not attend your continuing education course or your cancellation attracts fees / costs, you may still be charged the cost incurred by the continuing education provider. Therefore, the user should, prior to any booking, carefully check the information regarding the continuing education course or service selected with regard to specific conditions.
3. Prices and fees, payment
3.1 All prices on our website are inclusive of the sales tax as applicable at the time (where
applicable) as well as all other price elements unless otherwise stated in the product description. The user pays the continuing education provider as described in the booking.
3.2 Where the continuing education course is offered as a public service (hoheitlich), the user will not receive an invoice but a fee note (Gebührenbescheid) from the university in question.
3.3 Unless otherwise stated, our services are free for the user. We will not bill the user for our services nor charge addition (booking) fees.
3.4 As part of and during the order process, the user can select one of the payment methods offered. südwissen.de currently offers payment by invoice only. Payment has to be affected within the deadline once the invoice / fee notice is received.
3.5 The invoice total shall be transferred to the account as stated in the invoice. Where a user has placed an order through südwissen.de for several continued education courses from different providers, the user will receive the equivalent number of invoices / fee notices. Each invoice’s total has to be transferred to the account as stated. Additional payment details can be found in the AGB / the providers‘ statutes.
4. Protection of content, liability for third party content
4.1 The majority of the website content is subject to copyright protection and other protective rights. They are property of südwissen.de or third parties („third party content“). The collation of content itself may be protected as database or database work as per paragraphs 4 section 2, 87a subsection 1 UrhG (German law on copyright). Users may use this content only as provided by these regulations.
4.2 We do not check third party content for completeness, correctness or lawfulness. Therefore, we do not accept any responsibility or liability for the completeness, correctness, lawfulness of third party content or for its being up-to-date.
4.3 We do not accept liability with regard to the quality of third party content and their suitability for a given purpose. We do not accept liability for third party content on linked external
websites.
4.4 The information we use to provide our services are based on the information we receive from the continuing education providers. The continuing education provides marketing and
promoting their continued education courses on our platform have access to input screens for our system. They are responsible for all information they provide (in particular fees / prices, event dates, availability, guidelines, terms and conditions and other important information). While we use all due caution and care in the execution of our information and booking services, we can neither check nor guarantee that all information is exact, correct and complete. Neither can we be held responsible for any mistakes, interruptions, inexact or wrong information or non-transmission of information. Südwissen is not responsible for the quality of providers‘ offers and services. Quality control is undertaken by the universities, not least through accreditation and certification. Quality control is not südwissen’s responsibility.
5. Right of use for content available in the portal
5.1 Unless these terms (AGB) or the website expressly permit a given use or the website allows it by offering a relevant function (e.g. download button), the following applies
- the user may retrieve and display the website content online and for their personal use only. This right of use is limited in time to the use of the website in compliance with the contract;
- the user may not – neither in part nor entirely – edit, change, translate, show or
display, publish, exhibit, reproduce or disseminate website content. Copyright notices, logos and other marks or protection notices may not be removed or changed.
5.2 For any content duly downloaded or printed, the user receives an exclusive right or use
unlimited in time for their personal, non-commercial use.
5.3 The user’s mandatory rights (including the right to duplication for personal or otherwise own use as per paragraph 53 UrhG) are not affected.
6. Prohibited activities
Any website content is exclusively meant for purposes as listed under section 2. above. Any use for or in connection with any other purpose is prohibited unless prior express consent has been obtained for such use. In particular, prohibited use is any electronic or other collection of continuing education providers‘ / südwissen team’s identifying and / or contact data (e.g. for sending unsolicited emails).
7. Liability, warranty
7.1 We exempt our liability for breaches of duty which are only slightly negligent unless they lead to injuries of life, health or physical injuries or relate to warranties or to claims under product liability legislation. Not affected is furthermore a breach of duties where such duties are an integral part of the contract and upon the performance of which the user is regularly entitled to rely. The same applies for breaches of duty by our agents.
7.2 Where the user is an entrepreneur (paragraph 14 BGB), we are liable for breaches of duties which are an integral part of the contract and upon the performance of which the user is regularly entitled to rely in addition to No. 7.1 only in as far as the loss is foreseeable and typical for a contract of the type.
7.3 südwissen shall not be liable for third-party content with regard to these being up-to-date, complete and correct. südwissen shall furthermore not be liable for the prompt, complete and correct forwarding of information.
7.4 südwissen gives no warranty of any kind regarding the suitability, availability or quality of third-party content. The responsibility for any such content rests exclusively with the continuing education provider in question. Third-party content cannot be construed as any type of confirmation, warranty or undertaking by südwissen.
7.5 We endeavour to ensure that the www.südwissen.de shall be permanently available. However, we want to expressly point out that it is impossible to guarantee a 100% availability.
7.6 Otherwise statutory warranty obligations apply.
8. Data protection
Our quality standards include responsibly dealing with users‘ personal data. Please find more information here https://www.suedwissen.de/datenschutz.
9. Online-dispute resolution
9.1 The EU-commission created and internet platform for the online resolution of disputes (the so-called „OS-platform“). The OS-platform can be called upon to settle disputes arising from online service contracts without resorting to the courts. You can access the OS-platform via the following link: http://ec.europa.eu/consumers/odr/.
9.2 We are neither willing not obliged to take part in front of a consumer dispute settlement panel (Verbraucherschlichtungsstelle) as provided for in the German law on consumer dispute settlement (Gesetz über die alternative Streitbeilegung in Verbrauchersachen (VSBG)).
10. Concluding provisions
10.1 The contract to be entered into with the user is exclusively subject to German law; it excludes the UN-sales of good provisions.
10.2 Where the user is an entrepreneur, a public law entity, or a public separate estate (öffentlichrechtliches Sondervermögen), the place of jurisdiction is exclusively Freiburg.
10.3 If any term or provision of this contract is held to be invalid to any extent, this shall not affect the enforceability of the remainder of the agreement.
