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General Terms and Conditions of Use for digital memberships of persolog GmbH

The following conditions of participation apply to events of the "Academy" and "Consulting" division of persolog GmbH, Königsbacher Straße 51, 75196 Remchingen, Germany.

1. Scope

  1. The following Terms and Conditions in their entirety apply to all offers, deliveries and other services regarding digital memberships within the "persolog Academy" in each case in the most current version. Our General Terms and Conditions of Use (hereinafter referred to as “Terms of Use”) shall also apply to all future business transactions.
  2. Our Terms of Use apply exclusively. We do not accept any conflicting, deviating or supplementary terms and conditions of the contractual partner/purchaser (hereinafter only referred to as "Customer"), unless we have explicitly agreed to their validity in writing. Our Terms and Conditions of Use shall also apply if we provide our services without reservation in the knowledge of conflicting or deviating conditions of the Customer.
  3. Our Terms and Conditions of sale shall only apply to companies within the meaning of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.

2. Conclusion of contract

  1. The contents on our homepage and in its other publications for presentation and/or advertising purposes do not represent a binding offer, but merely an invitation to the Customer to submit a binding offer. The Customer submits a binding offer to order the digital material and offers contained in the shopping cart by activating the "Buy now" button after having gone through the online ordering process. The offer can only be submitted if the Customer has accepted these Terms of Use by clicking on the "Accept General Terms of Use" button and thereby including them in his offer.
  2. We will then send the Customer a confirmation of the order by email. The order confirmation represents the acceptance of the offer. The content of the contract is derived from it.
  3. The obligations arising from § 312i section 1 sentence 1 no. 1 to no. 3 and sentence 2 BGB shall not apply.

3. Requirements of admission, description of services

  1. For ordering and using digital memberships, the Customer requires a valid e-mail address and a high-performance internet connection.
  2. Connection fees for internet as well as any other costs arising from the conclusion of a mobile phone contract are to be borne by the Customer and are not part of the digital memberships.

    The digital contents of the "persolog Academy" can be accessed and digitally used by customers via the "persolog Academy" website at onlineacademy.persolog.com.

  3. Digital membership includes access to the "persolog Academy" website (onlineacademy.persolog.com) via PC/Mac/notebook, smartphones and tablets.
  4. Temporary interruption of digital memberships is not possible.
  5. The digital membership is private and refers exclusively to the authorized user communicated by the Customer. The transfer of rights to third parties is not permitted.

4. Digital content availability

  1. The contents accessible via the internet are always available to the Customer. However, availability at any time 7 days a week and 24 hours a day is neither guaranteed nor assured.
  2. In the event of temporary interruptions of supply due to necessary maintenance work or system‐ related internet disturbances at third‐party providers or third‐party user operators as well as in the event of force majeure, access may be temporarily interrupted.
  3. There is no claim to certain contents. We are entitled to remove, change, improve and/or supplement provided contents at any time.

5. Registration and access authorization

  1. Digital memberships require the Customer’s registration. Thereby, the Costumer needs to name the person authorized to use the service with e‐mail addresses.
  2. The Customer receives access data to access the digitally provided content. Access information must be kept in a safe place and may not be passed on to third parties. Use by third parties employed by the Customer is permitted, but only for a one‐time use for a limited period of time within the framework of a specific event of the Customer.
  3. We may block or delete an access if it is misused or if illegal, anticompetitive, criminal or immoral acts are committed via the access.

6. Fees and payment modalities

  1. The fees of our price list which was valid at the time of the conclusion of the contract shall apply.
  2. If, after the conclusion of the contract, the digital contents of the membership are expanded more than only insignificantly, we are entitled to increase the fees appropriately, namely in proportion to the expansion that has occurred. The increase shall be in effect at the beginning of the second month after the month in which the Customer has received notification of the change. The Customer is entitled to terminate the contract for exceptional reasons within six weeks of being notified of the fee increase, with effect from the time the fee increase comes into force. If the Customer does not exercise this right and if the Customer was informed of this legal consequence when being informed of the fee increase, the contract shall be continued at the changed prices.
  3. Unless otherwise stated in the order confirmation, our prices are exclusive of the statutory value added tax applicable at the time.
  4. The billing of the contractual relationship shall be carried out by the service provider digistore24 or another payment service provider named by us before the order. The payment options and conditions provided there shall apply.
  5. In the event of default by the Customer, we are entitled to block access to the digital membership until all due claims from the entire business relationship with the Customer, regardless of which legal grounds, have been settled by the Customer. Furthermore, we are entitled to demand default interest at the statutory rate. The assertion of further damages caused by default remains unaffected by this.
  6. The Customer may only offset a claim against us if it is undisputed by us or has been legally established. The Customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The Customer is not entitled to exercise a right of retention due to partial performance in accordance with § 320 section 2 BGB.

7. Warranty and liability

  1. The statutory warranty applies.
  2. We repair technical defects on the "persolog Academy" website within a reasonable period of time. Our responsibility in this respect only extends to the transfer point of the systems operated by us to the internet, but not to the Customer's systems and data transmission lines beyond the transfer point.
  3. We do not assume any guarantee for the contents. The Customer has no claim to specific content. We are entitled to remove, change, improve and/or complete provided contents at any time.
  4. We apply the usual care for the selection and maintenance of the contents. However, we cannot guarantee the completeness, correctness and topicality of the contents.
  5. It is the Customer's responsibility to report any defects, faults or damages immediately.
  6. We shall be liable in accordance with the statutory provisions if the Customer asserts claim for damages or reimbursement of expenses based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damages.
  7. We shall be liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; in this case, however, liability for damages is limited to the typically occurring damages foreseeable at the time of conclusion of the contract.
  8. Liability for culpable injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
  9. Unless otherwise regulated above or within our Terms of Use, liability is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.
  10. The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of the aforementioned persons.

8. Term and termination

  1. The term of the digital memberships is specified in the respective contract. The term of the contract shall be automatically extended by the respective agreed term, unless the membership has been terminated in writing, i.e. in written or text form (e.g. letter, email, fax), by one of the contractual parties at the latest by the last day of the agreed term.
  2. The right to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist for us in particular if (i) the Customer has repeatedly violated these Terms and Conditions of Use or other contractual obligations, either seriously or in spite of a warning from us, (ii) the Customer uses the access without authorization or allows it to be used by third parties, (iii) uses the digital contents in an illegal manner, (iv) the Customer does not meet his payment obligations in spite of two warnings, (v) the Customer's financial situation has significantly deteriorated or (vi) insolvency proceedings, at least provisional, have been opened against the Customer's assets or have been dismissed for lack of assets.
  3. Upon termination of the contract, we will block the Customer's access to the digital memberships with immediate effect.
  4. If the Customer is responsible for premature termination of the contract, we are also entitled to compensation for damages, which may also include compensation for special conditions granted to the Customer or to advertising third parties upon conclusion of the contract.

9. Amendments and transfers

  1. Changes of the billing address, the ordered membership module or other data of the Customer must be communicated to us and can be considered at the earliest five days after receipt. Changes to the method of payment – with the exception of account changes – are only possible after the selected payment period has expired.
  2. The transfer of membership to another customer requires our consent. A transfer request from both customers must be sent to us in text form. Our consent is deemed to have been given by the execution of the change.

10. Copyright and industrial property rights

  1. The content made available under the digital membership is protected by copyright or other intellectual property rights of us or third parties. For the use of the digital memberships, the Customer acquires, under the condition of payment of the owed and due remuneration, the simple, non‐exclusive, non‐sublicensable, non‐transferable to third parties and limited to the term of the contract, right to use the respective digital content for his own purposes for the duration of the contract, for himself and within the scope of his order and the individual contractual agreement, if applicable also for other authorized users. The right of use allows the Customer to read or view the digital contents.
  2. Any use beyond that specified in section X.1 is excluded and requires the prior separate written consent of the respective holder of the rights, unless such use is permitted by mandatory legal provisions. In particular, the Customer or other authorized users are prohibited from copying the digital contents, even in part, removing copyright notices or brand names, modifying or changing the digital contents, copying the digital contents to other data carriers or networks, creating and using reproductions and any transfer, whether for payment or free of charge, making available or any form of commercial use. The Customer may not use any means to overcome or circumvent these measures.

11. Data protection

  1. The necessary customer and delivery data will be collected, processed and stored by us in accordance with the provisions of German Data Protection Law. The data will be used for the fulfilment of the contract and in this context will also be passed on to third parties, if necessary.
  2. The Customer may object to the use of data beyond the fulfilment of the contract at any time in text form, e.g., by email to datenschutz@persolog.com.
  3. In addition, our data protection declaration applies:
    https://www.persolog.de/allgemeinegeschaeftsbedingungen/datenschutz/ applies.

12. Place of performance, jurisdiction and applicable law

  1. Place of performance and jurisdiction for all obligations arising directly or indirectly from the contractual relationship is the location of our registered office in 75196 Remchingen. We are also entitled to take legal action at the Customer's place of business.
  2. The law of the Federal Republic of Germany shall apply.

Status: Januar 2021