General Terms and Conditions / Policy
General Terms of Business and Conditions of Use for E-Learning (health -learnbox) of the Academy for Global Health and Development (AGGE)
1. Scope / Definitions
The following terms and conditions apply to all online e-learning offers, courses and seminars held by the Academy for Global Health and Development (AGGE) network. The network comprises the German Institute for Medical Mission DIFAEM e. V. in Tübingen, Germany (hereinafter DIFAEM), the Medical Mission Institute in Würzburg, Germany, as well as the Institute for Public Health of the University of Heidelberg, Germany.
DIFAEM e.V. is the legal entity of AGGE and hosts the Moodle platform https://health-learnbox.org
These General Terms and Conditions apply to all course participants of AGGE who use the health-learnbox within the framework of seminars or chatrooms of the participating institutions, as well as the teachers who also use the platform.
All users agree to the following terms and conditions as soon as they use the platform:
Web-based e-learning denotes the provision of learning content online via the internet on the website: https://health-learnbox.org
Participant denotes the individual (or legal entity) who uses content provided by AGGE.
Content denotes all visual, written or audible data and services, information or materials, digital content and material, including software, provided by AGGE.
Application denotes the use of content made possible for the participant.
2. Conclusion of contract
The presentation of the content on the website or in any other way by AGGE does not constitute a legally binding contractual offer on the part of the legal entity.
The contract for individual services is concluded by the registration of the participant and the written confirmation thereof by AGGE.
By concluding the contract, the participant accepts these general terms and conditions.
3. Granting of rights
Upon conclusion of the contract, the participant receives a simple, non-exclusive, non-transferable and time-limited right to use the content in accordance with these conditions and the contract. He/she may use these exclusively within the scope of the aforementioned condition.
The copyright to all content, of any kind or embodiment whatsoever, belongs solely to DIFAEM, or, if appropriately designated, to the respective author or manufacturer. The participant (and, if applicable, his/her employees) is not permitted to reproduce the content on the whole or in part, to copy them, to record them in data processing media and/or to make them accessible to third parties without prior written consent of AGGE.
4. Rights and obligations of the participant
The participant alone is responsible for the timely provision and maintenance of the internet connection and functional software and hardware that enable her/him in the use of the content.
The participant will inform AGGE immediately of any disruptions in the use of the content.
The participant accesses data carefully and keep it secret from unauthorized third parties. The participant undertakes to inform AGGE immediately if it is suspected that unauthorized third parties gain knowledge of accessed data. The participant is obliged to pay the agreed fee with his access of the data or to reimburse any resulting damage, even if the content is used by unauthorized third parties, unless the participant is not responsible for the unauthorized use. The participant is responsible for proving evidence that he/she is not responsible for the unauthorized use.
The participant is obliged to comply with all safety regulations communicated by the legal entity.
The participant is obliged to provide correct information about his/her identity and a correct and permissible e-mail address and to update these constantly.
The participant is obliged to provide correct data for payment processing and to update these constantly.
The participant may not use the content in a manner that violates applicable law or the rights of third parties. In the event of a violation, the participant indemnifies AGGE from all claims of third parties, including public authorities, due to incorrect use by the participant. The participant shall bear all costs incurred by AGGE including costs of legal defense.
The participant undertakes to use the offers and content made available to AGGE only in such a way that any impairment or damage to the content and any other damage to DIFAEM is excluded.
If third parties (such as employees of the participant or other users) are entitled to use the content of the AGGE offer within the framework of the concluded contract, the participant shall be liable to ensure that these third parties comply with the obligations of the participant towards DIFAEM in the same manner.
5. Performance of AGGE
Depending on the respective e-learning offer, AGGE grants the participant access to the necessary content via the Internet and/or provides services. The respective services owed by AGGE shall be regulated in the concluded contract.
AGGE does not act as a provider. The participant is responsible for providing his own Internet access.
AGGE will maintain the data connection of its own servers to the Internet and ensure that the access is not inoperable for reasons for which AGGE is responsible.
6. Special conditions for services
AGGE is not liable for the suitability of the commissioned service with regard to the success of use intended by the participant.
If services are provided at the participant’s or at another location specified by the participant, the participant is responsible for ensuring that all requirements are met in order to perform the contractually agreed service.
AGGE makes every effort to make the contents available without disturbance. Access and usability may be restricted due to maintenance work, further development and other reasons. AGGE does not guarantee a certain degree of availability of the content.
AGGE reserves the right to change or supplement content at any time and without prior notice.
Prices of the respective provider apply to all seminars. All prices include VAT and other price components such as shipping and delivery costs, unless otherwise stated.
Terms of payment, payment methods and all other terms are regulated in the respective contract.
A set-off by the participant against the claims of DIFAEM is only possible with undisputed or legally established claims.
9. Term of contract / Restriction of access / Termination
The contract terms result from the relevant information of the contractual agreement
The participant may not prematurely terminate or cancel the contracts or the use of individual content or applications before the end of the respective contract period.
The statutory provisions shall apply to termination without notice for good cause.
AGGE is entitled to deactivate the participant's access to the content or to terminate the contract prematurely for important reasons if adherence to the contract is unacceptable. This is particularly the case if the participant
Cancellations must be made in writing.
AGGE assumes no liability for any intended success of the participant and its users with the e-learning offers.
The participant is responsible for compliance with safety regulations and accident prevention regulations.
AGGE is not liable for damage to the systems of the participant, their failure or other consequences from such damage.
Compensation claims of the participant and its users are excluded.
Excluded from the exclusion of liability are intentional or grossly negligent breaches of duty by the contractor and his legal representatives and subcontractors, the violation of essential contractual obligations and claims for damages of the participant from injury to life, body or health.
The participant must report any content defects immediately.
The strict liability of AGGE for damages concerning defects existing at the conclusion of the contract is excluded.
The participant undertakes not to disclose to any unauthorized third party any information nor any documents obtained in the course of cooperation with the contractor or as a result of the use of the content, both during and after termination of the contractual relationship.
12. Data / Data protection
13. Place of jurisdiction and exclusive right
The exclusive place of jurisdiction for all claims arising from the contract between the participant and the contractor and from the use of the content is - as far as legally permissible – Tübingen, Germany. This shall also apply if the participant does not have a general place of jurisdiction in Germany or if the participant moves its registered office or usual place of residence out of the area of application of the Code of Civil Procedure after conclusion of the contract or if its registered office or usual place of residence is unknown at the time the action is filed.
German law applies exclusively to the contract and any use of the content.
14. Partial Invalidity/Severability Clause
Should individual provisions of the contract, including the GTC, be or become legally invalid, this then shall not affect the validity of the remaining provisions. The same applies to gaps in the contract. In place of the ineffective or missing terms a regulation is to apply, which corresponds economically best with the will of the parties.
The aforementioned GTC are valid for all seminars and educational offers of AGGE and DIFAEM insofar as they concern use of the internet platform https://health-learnbox.org and must be observed by every course provider using this platform.
30th September, 2018
Dr. Gisela Schneider, Director DIFAEM e. V.