General terms and conditions
1. Scope
1.1 These general terms and conditions (GTC) govern all contracts between 8.2 QHSE GmbH & Co. KG, Am Strande 18, 18055 Rostock (the “Provider”) and its customers concerning the products and services offered.
1.2 These GTC apply both to consumers within the meaning of Section 13 of the German Civil Code and to entrepreneurs within the meaning of Section 14 of the German Civil Code.
1.3 Deviating or conflicting terms of the customer do not apply unless the Provider has expressly agreed to them in writing.
1.4 These GTC apply to all present and future business relationships between the Provider and the customer, unless individual agreements have been made.
1.5 Use of QHSE Campus is additionally governed by the booking terms.
2. Conclusion of contract
2.1 Offers made by the Provider are, as a rule, a non-binding invitation to the customer to submit an offer to conclude a contract, unless expressly stated otherwise.
2.2 A contract is concluded once the Provider expressly accepts the customer’s offer or begins to perform the agreed service.
2.3 Acceptance of the customer’s offer may be given in writing, in text form (for example by email) or by commencing performance.
2.4 Performance is based on the relevant service description, the offer, the order confirmation and these GTC.
2.5 Amendments or additions to the contract require text form, unless a stricter form is required by law.
2.6 Where a customer orders services on behalf of a company, the customer warrants that they are authorised to make the corresponding contractual declarations.
2.7 The Provider reserves the right to refuse orders where there are objective reasons to do so, in particular where the offer is unavailable, where technical limitations apply or where the customer’s details are incomplete.
3. Services
3.1 The Provider offers digital e-learning in the fields of quality, health, safety and environment (QHSE). The services comprise in particular the provision of digital learning content, online instruction, learning modules and knowledge checks and, where the respective offer expressly states so, the issuing of certificates of attendance or certificates.
3.2 The specific scope of services follows from the description of the respective e-learning offer, the offer, the booking confirmation or an individual agreement with the customer.
3.3 E-learning content is provided through the digital platforms or systems designated by the Provider. The customer receives time-limited access corresponding to the period of use stated in the offer.
3.4 The Provider is entitled to update, adapt or technically develop the content of the e-learning offers, provided that the agreed scope of services and the purpose of the e-learning offer are not materially impaired.
3.5 The e-learning offers serve to convey knowledge and information. No particular learning outcome, examination result or successful implementation of the content in day-to-day operations is owed, unless expressly agreed otherwise.
3.6 Use of the e-learning offers requires suitable technical equipment on the customer’s side (in particular an internet-capable device, a current browser and a sufficient internet connection). The customer is responsible for the technical requirements on their side.
3.7 The Provider reserves the right to restrict or interrupt access to the e-learning offers temporarily where this is necessary for technical reasons, for maintenance or to safeguard system security. Planned maintenance will be announced where possible.
4. Prices and payment terms
4.1 The prices agreed at the time the contract is concluded apply. Unless expressly stated otherwise, all prices are inclusive of statutory VAT for consumers and exclusive of the applicable statutory VAT for entrepreneurs.
4.2 The available payment methods are communicated to the customer during the ordering or booking process. The Provider reserves the right to exclude individual payment methods in a given case or to offer only certain payment methods.
4.3 Unless otherwise agreed, invoices are due for payment without deduction within 14 calendar days of the invoice date.
4.4 Access to an e-learning offer may (where so agreed) be activated only after payment has been received in full.
4.5 If the customer is in default of payment, the Provider is entitled to claim statutory default interest in accordance with the applicable statutory provisions. The right to assert further loss caused by default remains unaffected.
4.6 In the event of default, the Provider is entitled to suspend access to e-learning offers that have not been paid for in full until the outstanding amount has been settled, unless mandatory statutory provisions preclude this.
4.7 The customer may only set off claims that are undisputed or have been finally determined by a court. The customer is entitled to a right of retention only to the extent that their counterclaim arises from the same contractual relationship.
5. Provision of services
5.1 Booked e-learning offers are provided digitally, as a rule via the learning platform made available by the Provider or a comparable digital system.
5.2 Access to the e-learning offer is activated for the customer after the contract has been concluded and (where so agreed) after payment has been received in full, within the period stated in the offer or the order confirmation.
5.3 Stated dates or deadlines for the provision of services are binding only where they have expressly been agreed as binding. Delays due to force majeure or other circumstances for which the Provider is not responsible extend the performance period accordingly.
5.4 Where individual components of an e-learning offer cannot be provided at the same time for technical or organisational reasons, the Provider is entitled to render partial services, provided that these are reasonable for the customer and the purpose of the contract is not materially impaired.
5.5 Shipping costs do not generally arise for the provision of digital e-learning offers. Where physical documents or other materials are shipped in addition, any shipping costs are shown separately in the respective offer or order confirmation.
5.6 The customer is responsible for providing the technical requirements and a functioning internet connection needed to access the e-learning offers.
6. Licence pools and seats
6.1 Companies may purchase course seats as a licence pool. The scope, the course and the redemption period follow from the offer or the order confirmation.
6.2 The seats of a licence pool are assigned to named individuals. The Campus Manager appointed by the customer makes the assignment in the customer account.
6.3 An assigned seat belongs to the named person. As long as the training has not been started, the seat may be released and assigned to another person. Once the training has begun, transfer is excluded.
6.4 Seats that have not been assigned expire at the end of the redemption period.
6.5 The period of access, its extension and the individual deadlines are governed by the booking terms.
7. Vouchers and promotional codes
7.1 Vouchers and gift cards may be purchased and redeemed against a later order. The period of validity follows from the respective voucher.
7.2 The credit is set off against the invoice amount. Payment of the credit in cash is excluded. Any remaining credit is retained for further orders.
7.3 Promotional codes apply only for the period and the scope of services stated in each case. Several promotional codes can be combined in one order only where this is expressly stated.
7.4 If an order is reversed in whole or in part, credit redeemed against it is restored in the amount refunded.
8. Right of withdrawal for consumers
8.1 Consumers within the meaning of Section 13 of the German Civil Code are, as a rule, entitled to a statutory right of withdrawal of 14 days when concluding a distance contract.
8.2 Details of the right of withdrawal, its conditions, periods and legal consequences are set out in the separate withdrawal policy, which is made available to the customer before the contract is concluded.
8.3 Where the subject matter of the contract is the supply of digital content or digital services, the statutory right of withdrawal may expire early under the statutory conditions. This applies in particular where the Provider begins to perform the contract only after the consumer has expressly consented to performance beginning before the withdrawal period expires and has at the same time confirmed their awareness that, once performance begins, they lose their right of withdrawal under the statutory provisions.
8.4 The consumer’s statutory rights otherwise remain unaffected.
9. Rights of use, copyright and retention of title
9.1 All e-learning content provided by the Provider (in particular texts, images, graphics, videos, animations, audio files, presentations, learning modules, assessments, documents, software components and other training and information materials) is protected by copyright and remains the property of the Provider or the respective right holders, or subject to their rights of use and exploitation.
9.2 Upon payment in full of the agreed fee, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right, limited to the agreed period of use, to use the booked e-learning content within the agreed scope and exclusively for their own purposes.
9.3 Passing on access credentials or e-learning content to third parties, as well as reproducing, publishing, editing, making publicly available or otherwise exploiting it beyond the contractually agreed use, is not permitted without the Provider’s prior written consent.
9.4 Where the customer purchases access for several users or employees, the number of permitted users is determined by the respective agreement, the offer or the licence booked. Use by unauthorised persons is not permitted.
9.5 The customer is not entitled to copy, download or permanently store content or components of the e-learning offers, or to use them in their own training materials or training systems, unless this has expressly been agreed with the Provider.
9.6 Until all claims arising from the respective contractual relationship have been paid in full, all rights of use in the e-learning content provided remain with the Provider. The Provider is entitled to refuse or suspend access to the e-learning offers until payment has been received in full, unless statutory provisions preclude this.
9.7 In the event of a breach of these terms of use, the Provider is entitled to suspend access to the e-learning offers temporarily or permanently and to assert further statutory claims.
10. Warranty
10.1 The statutory warranty rights apply to the services rendered by the Provider.
10.2 The Provider warrants that the e-learning offers provided substantially correspond to the agreed service description at the time of provision and are free from defects that materially impair their contractual use.
10.3 The customer is obliged to notify the Provider of apparent defects or technical faults without undue delay after discovering them, so that they can be examined and, where applicable, remedied.
10.4 Where a defect exists, the Provider will remedy it within a reasonable period by rectification or by providing a replacement, provided this is technically and economically reasonable. The customer’s statutory rights remain unaffected.
10.5 There is no warranty for defects resulting from improper use, modifications by the customer, unsuitable technical equipment or faults in the customer’s internet connection, unless the Provider is responsible for those circumstances.
10.6 The Provider does not owe any particular learning outcome, examination result or business success. The e-learning offers serve to convey knowledge and do not replace individual advice or operational decisions.
10.7 Towards consumers, the statutory warranty rights apply without restriction. Towards entrepreneurs, the statutory provisions apply unless these GTC or an individual agreement effectively provide otherwise.
11. Liability
11.1 The Provider is liable without limitation for damage caused by intent or gross negligence.
11.2 In the case of slight negligence, the Provider is liable only for the breach of an essential contractual duty (cardinal duty). Essential contractual duties are those duties whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.
11.3 The above limitations of liability do not apply to damage arising from injury to life, body or health, to liability under the German Product Liability Act, or where the Provider has given a guarantee or has fraudulently concealed a defect.
11.4 The Provider accepts no liability for disruptions or outages beyond its sphere of influence, in particular for failures of telecommunications networks, internet connections, hosting providers or other technical infrastructure, unless the Provider is responsible for them.
11.5 The Provider is not liable for damage or impairment resulting from improper use of the e-learning offers, inadequate technical equipment on the customer’s side or the passing on of access credentials to third parties.
11.6 Where the Provider’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees, vicarious agents and other appointees.
12. Term and termination
12.1 Where the Provider offers e-learning with a fixed period of use or as a continuing contractual relationship, the contract term follows from the respective service description, the offer or the order confirmation.
12.2 In the case of e-learning offers with time-limited access, the contract ends automatically when the agreed period of use expires, without any separate notice of termination being required.
12.3 In the case of contractual relationships of indefinite duration or those that renew automatically, either party may terminate the contract giving four weeks’ notice to the end of the respective contract term, unless otherwise agreed.
12.4 Notice of termination requires text form. Termination may in particular be given by email, provided the customer can be clearly identified.
12.5 The right to terminate for cause remains unaffected. Cause exists in particular where one party breaches essential contractual duties despite prior warning.
12.6 In the event of effective termination, payment claims of the Provider that have already arisen, as well as the statutory claims of the parties, remain unaffected.
13. Data protection
13.1 The Provider processes the customer’s personal data in compliance with the applicable data protection legislation, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
13.2 Details of the processing of personal data, the purposes of processing, the legal bases, the recipients of the data and the rights of data subjects are set out in the Provider’s separate privacy policy.
13.3 The current version of the privacy policy is available on the Provider’s website or is made available to the customer in a suitable manner.
13.4 Where necessary for the provision and use of the e-learning offers, the Provider may process personal data of the customer and of the users named by the customer. This includes in particular the administration of user accounts, the provision of learning content, the documentation of learning progress and, where agreed, the issuing of certificates of attendance or certificates.
14. Applicable law and place of jurisdiction
14.1 All legal relationships between the Provider and the customer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2 Towards consumers, this choice of law applies only to the extent that it does not restrict mandatory statutory provisions of the state in which the consumer has their habitual residence.
14.3 Statutory provisions for the protection of consumers remain unaffected by this agreement.
14.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Provider. Exclusive statutory places of jurisdiction remain unaffected.
15. Consumer dispute resolution
15.1 The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
16. Contract language and contract text
16.1 The contract language is German.
16.2 The order details are sent to the customer in text form together with the order confirmation. These GTC are available on the website at any time and can be saved or printed.
17. Amendments to these GTC
17.1 The Provider may amend these GTC for future contracts. For contracts already concluded, the version incorporated at the time of conclusion applies.
17.2 In the case of continuing contractual relationships, amendments are communicated to the customer in text form at least six weeks before they are intended to take effect. The customer may terminate the contract before the amendments take effect. Without the customer’s consent, the amendments do not become part of the contract.
18. Final provisions
18.1 Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.