Terms of Service

1. SCOPE

1.1 These Terms of Service (“ToS“) govern the relationship between Akademie für Lernpädagogik (AfL) GmbH (“Provider“) and a registered user (“User”) in relation to User’s access to and use of Providers’s the international learning platform “Learn Learning“ at https://www.learnlearning.net/ (“Platform“)

1.2 The Provider does not accept any terms and conditions provided by a User and any such terms and conditions shall not apply.

1.3 Users under 18 years of age are required to ask their parents or guardians to review and accept these ToS on the respective User’s behalf.

2. The Platform

2.1 The Provider will make available the Platform, including the Learning Courses (as defined below), to the Users subject to these ToS.

2.2 Subject to Section 3.1 below, Users can participate in a learning course ("Learning Course") that is designed to help anyone above the age of 10 years to learn learning and serves to support the learning potential. The Learning Course consists of ten (10) learning units each with interactive elements of 30 minutes. A User needs to logged in into the User’s Account (as defined below) in order to access and participate in the Learning Course. Supplementary materials are available in the User’s Account for download.

2.3 Users may allow their children to participate in the Learning Course and to use other Content (as defined below) provided that Users carefully monitor their children's use of the Platform and ensure that their children also comply with these ToS.

2.4 THE USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM IS A TIME-LIMITED BETA VERSION AND THAT THE PROVIDER WILL CEASE TO PROVIDE ACCESS TO THE PLATFORM, INCLUDING THE LEARNING COURSE, ON 01-14-2022.

2.5 The Provider’s services under these ToS are subject to the applicable statutory warranty for defects. Notwithstanding the foregoing, the Provider does not warrant that participating in the Learning Course or using any other Content will result in increased learning abilities or a better use of the learning potential.

3. Account

3.1 Access to the Platform and related Content and, in particular, to participate in the Learning Course requires an individual password-protected User account with the Provider ("Account") and a user agreement between the Provider and the User (“User Agreement”). The User Agreement is subject to these ToS.

3.2 By clicking the button "[BUY NOW]" on the Platform after entering the User’s email address, the country of residence and a password for the Account creation process, the User makes a binding offer to the Provider to conclude a User Agreement. The User Agreement comes into force when the Provider accepts this offer via email and the User has received such confirmation. Please note that Users can correct their data provided during the Account creation process at any time until they click the “[BUY NOW]” button.

3.3 The data provided to the Provider during the Account registration process, as well as any data added at a later date, must always be complete and accurate. No value-added service number may be entered as a telephone number and no post office box may be entered as an address. Users are obliged to update the data entered during registration in the event of changes.

3.4 Users must not create an Account in an automated manner, including but not limited to the use of automated devices, scripts, robot, spider, crawler or scraper services.

3.5 Users are obliged to keep their Account-passwords confidential and to carefully secure their Account against access by third parties, including their children. If Users become aware of misuse of their Account by third parties, they must inform the Provider immediately. The Provider is not liable to the User for any loss or damage arising from any unauthorised use of the User’s Account or any unauthorised access, use, alteration, modification and/or disclosure of the User’s personal information based on the User’s culpable omissions or conduct as regards the User’s Account data.

3.6 Users must not sell, lend, lease or transfer their Accounts to third parties.

3.7 The Provider does not store these ToS. However, the always current version of these ToS are available at https://www.learnlearning.net/terms-and-conditions.

4. Fees, Payment and Invoicing

4.1 All Fees have to be paid in Euros or US dollars and are exempt from VAT, depending on the applicable currency in the User’s country of residence.

4.2The Fees are due immediately after the User Agreement has come into force. The Provider accepts payments via credit card and PayPal.

4.3 The Provider will send its invoices to the Users via email.

5. Right of Withdrawal

5.1 The following withdrawal policy applies to all agreements concluded by EU consumers under these ToS:

Withdrawal Policy

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Akademie für Lernpädagogik GmbH, Hohenstaufenring 61, 50674 Köln, Germany, +49 (0)221 777 100 07, info@lerntraining.de of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

5.2 If a User wishes to withdraw from the contract within the withdrawal period, the User can fill in this form and return it to the Provider (e.g. by email or post to addresses below):

Model withdrawal form

Akademie für Lernpädagogik

Hohenstaufenring 61
50674 Cologne

Germany

learnlearning@akademie-lernpaedagogik.de

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Place of collection of the goods (if different from the address of the consumer(s))

Signature of the consumer(s) (only in the case of notification on paper)

Date

(*) Delete as applicable

6. Rights of Use

6.1 The Provider grants Users a non-transferable or not sub-licensable right to use and access the content, including in particular the Learning Course, (“Content”) made available via the Platform during the term of the User Agreement (Section 9.1). Users may use the Content only for the purposes set out in these ToS.

6.2 The Content contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. The User agrees that the Provider owns or licences all of this proprietary information and material and that, unless set out otherwise in these ToS, the User may not use, distribute, share or exploit any Content without the Provider’s express prior consent.

7. User Content

Any content that a User might upload to the Platform or otherwise makes available to the Provider must not

(a) violate any applicable law,

(b) infringe trademarks, copyrights, trade secrets or other third party rights

(c) be obscene, racist, glorify violence, pornographic, harmful to minors or otherwise endanger or impair the development of children or young people,

(d) be of an insulting, harassing, defamatory or otherwise personality-injuring nature,

(e) advertise products or services, or

(f) constitute an invitation to participate in chain letters or pyramid schemes.

8. Availability of Platform

8.1 The availability of the Platform is 99.8% based per calendar month. Availability of the Platform means that Users can use the main functions of the Platform without restrictions, provided that such use of the Platform is allowed under these ToS.

8.2 The Provider provides access to the Platform in accordance with the current state of the art. The availability of the Platform might be temporarily restricted or interrupted due to maintenance work or in order to remedy technical errors or system failures as quickly as possible. The User will be informed of any planned maintenance work as soon as possible in advance.

9. Term and Termination of the User Agreement

9.1 A User Agreement will automatically terminate on 01-14-2023.

9.2 The mandatory right to extraordinary terminate the User Agreement for good cause remains unaffected. Notice of termination may be given by post or by email.

9.3 Users may no longer use the Platform with other, already existing Accounts or create a new Account when the User Agreement terminates.

10. Liability

10.1 The Provider shall be liable without limitation for damages resulting from injury to life, body or health caused by a breach of duty on the part of the Provider, a legal representative or vicarious agent of the Provider as well as for damages caused by the absence of a quality guaranteed by the Provider or in the event of fraudulent conduct on the part of the Provider.

10.2 The Provider shall be liable without limitation for damage caused by the Provider or by its legal representatives or vicarious agents intentionally or through gross negligence.

10.3 In the event of a breach of material contractual obligations caused by slight negligence, the Provider shall be liable, except in the cases of Section 10.1, 10.2 or 10.4 the amount shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of a contract and on whose compliance the contracting parties may regularly rely.

10.4 Liability under applicable Product Liability Law remains unaffected.

10.5 In all other respects, any liability on the part of the Provider is excluded.

11. ODR-Plattform

11.1 The European Commission provides a platform for online dispute resolution (ODR platform). The ODR platform is intended to help consumers and entrepreneurs with habitual residence in the European Union to reach an out-of-court settlement in the event of problems. The ODR platform can be accessed via the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

11.2 The Provider is not willing to participate in a dispute resolution procedure via the ODR platform or in any other voluntary consumer dispute resolution procedure.

12. Final Provisions

12.1 Should individual provisions of these ToS be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.

12.2 Changes to these ToS may be necessary to reflect new features of the Platform, new legal requirements or other factual circumstances. If the respective change is not merely legally advantageous or neutral for Users, Users will be sent the amended ToS by e-mail at least six (6) weeks before they come into force, indicating the intended validity of these new ToS of use and Users’ right to object to the validity of the new ToS. If a User objects to the application of the new ToS within the deadline, the Provider is entitled to terminate the User Agreement with that User as of the date on which the new ToS come into force. If the User does not object to the application of the new ToS within the deadline or if the User uses the Platform after the amended ToS have come into force, the new ToS shall be deemed accepted. The Provider will inform Users of the significance of the six-week period, the right of objection and the legal consequences of silence.

12.3 The laws of the Federal Republic of Germany shall apply without regard to the UN Convention on Contracts for the International Sale of Goods and its conflict of law provisions. With regard to consumers whose habitual residence is in the European Union, mandatory provisions of their country of residence apply having precedence. Consumers with habitual residence in the EU may bring claims arising from consumer protection provisions either in Germany or in the EU Member State they have their habitual residence in.

12.4 Any dispute arising from or in relation to these ToS will be resolved by the courts of Cologne of permissible and unless the User is a consumer with habitual residence in the European Union.

13. Contact

Akademie für Lernpädagogik (AfL) GmbH

Hohenstaufenring 61
50674 Cologne

Germany

learnlearning@akademie-lernpaedagogik.de

+49 (0)221 777 100 07