General Terms and Conditions
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Last updated: March 1, 2021

  1. General
    1. For the business relationship between us, TÜV Rheinland Akademie GmbH, Alboinstr. 56, 12103 Berlin, Germany (hereinafter referred to as "TRA") and the client via our eLearning platform, the following General Terms and Conditions shall apply in the version valid at the time of the order. Deviating terms and conditions of the client shall not be recognized unless TRA expressly agrees to their validity.
    2. TRA operates a platform for eLearning instructions on the Internet under the domain "corporatetraining.tuv.com", hereinafter: Platform. Every visitor of the platform can view it, the use of services is only possible for registered customers.
    3. Visitors are all Internet users who call up content from the Platform. Customers are the visitors who have concluded a contract with TRA for the use of the platform as entrepreneurs (B2B).
  2. Conclusion of Contract
    1. The use of the platform is only possible within the framework of a user contract. Our offer is expressly directed only to entrepreneurs in accordance with 14 BGB. The conclusion of a contract takes place after registration.
    2. After registering, the customer can decide whether he wants to use the free Basic tariff or a paid tariff. The paid plans offer a wider range of uses and more far-reaching features. The TRA provides a separate online form for booking the fee-based tariff. By filling out and submitting the form, the visitor declares that he wishes to conclude a contract with TRA for the paid tariff. The visitor has the opportunity to check his information before submitting the form and, if necessary, to correct it by changing the corresponding fields.
    3. By pressing the "Register" button, the visitor submits, depending on the selection, a binding offer to conclude the paid or free tariff. TRA accepts the offer by sending a registration confirmation, which at the same time verifies the e-mail address entered.
    4. The customer has the option of changing or cancelling his tariff selection on the eLearning platform. A change from a paid tariff to the free Basic tariff is only possible after termination of the paid tariff in accordance with these terms and conditions.
    5. As part of the registration process, the customer undertakes to provide only truthful information about himself and, if applicable, the company and to keep his data up to date at all times.
  3. Prices and costs
    1. All prices quoted on the TRA platform are total prices plus the applicable statutory value added tax.
    2. Unless otherwise stated for the individual payment methods, our payment claims arising from a concluded contract are due quarterly.
  4. Provision of the platform
    1. TRA assumes no liability for the availability and accessibility of the platforms.
    2. TRA is entitled to extend, technically adapt, change menu navigation or layouts, or restrict the functionality of the platforms at any time without prior notice, provided that this is reasonable for the customer.
  5. Rights and Obligations of the Customer
    1. The client receives access data from TRA by e-mail for the purpose of using the platform. The client is obliged to keep these access data secret and to inform TRA immediately about the loss or unauthorized use of the access data by third parties. The client is not allowed to provide access data to third parties or to use own access data to obtain information about contents of the platform for third parties. TRA is entitled to block access data if there is suspicion of unauthorized use or misuse of the data or if the access data, especially passwords, do not comply with the security guidelines of the platform. In these cases the clients are obliged to provide new access data at login, which comply with the security standards of the platform defined by TRA.
    2. The client guarantees TRA not to deposit any information on the platform that contains damaging source code or other damaging programming instructions. The client guarantees that deposited information does not violate 202a), 202b), 202c), as well as 303a), 303b StGB (German Criminal Code) (computer crimes).
  6. Data Protection
    1. Personal data will be processed in compliance with all applicable data protection regulations for the purpose of fulfilling this contract.
    2. The customer alone is responsible for the data protection-compliant processing of the personal data of its employees required for registration. The customer shall obtain any necessary consent from the persons concerned.
    3. At the end of the contract, all personal data will be deleted. If legal retention obligations prevent deletion, the data will be blocked until final deletion and will no longer be processed by us during this time.
  7. Scope of the Authorization to Use
    1. The scope of use of the eLearning Platform depends on the selected tariff option. An extension of the usage options is possible at any time by selecting additional tariff options or individual offers.
  8. Granting Rights
    1. TRA grants the client the right to use the activated learning content for the duration of the contract within the scope of the purpose of the contract.
    2. Under no circumstances shall the client have the right to rent or otherwise sublicense the learning content to third parties, to publicly reproduce or make it accessible by wire or wireless means, or to make it available to third parties against payment or free of charge.
  9. Termination of Contract, Blocking
    1. If there are indications that a customer has violated these terms and conditions, TRA is entitled to take measures to prevent these violations, even without prior notice. For this purpose, TRA is entitled to block individual user accounts and, if necessary, to permanently exclude them from using the platform. In doing so, TRA will take into account the legitimate interests of the customer concerned. There is no entitlement to the restoration of a blocked account.
    2. Paid contracts for the use of the platform can be terminated by the customer with a notice period of 4 weeks to the end of the quarter by e-mail to unterweisung@de.tuv.com. Individual services on the platform that have already been booked but not yet used remain unaffected.
    3. TRA may terminate the contracts with the customers with a notice period of 4 weeks to the end of the month. Individual services on the platform that have already been booked but not yet used remain unaffected.
    4. The right to extraordinary termination without notice for good cause or to block user accounts is excluded from the aforementioned periods
  10. Liability, Responsibility
    1. TRA shall only be liable for damages - irrespective of the legal basis - for itself and its vicarious agents and assistants in the event of intent and gross negligence. Excluded from this limitation of liability is the liability:
      • for damages resulting from injury to life, body or health,
      • for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, TRA's liability is limited to the compensation of the foreseeable, typically occurring damage.
    2. Furthermore, the limitations of liability shall not apply insofar as TRA can be charged with fraudulent intent or in the case of guarantees or within the scope of the Product Liability Act.
  11. Final Provisions
    1. Amendments and supplements to these GTC must be made in writing. Electronic documents in text form do not fulfill the written form requirement. For declarations which do not concern the component of these GTC or which concern the cancellation of formal requirements, the text form in the sense of 126b BGB (German Civil Code) is sufficient.
    2. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
    3. If the user 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 this contract shall be our place of business. The same shall apply if the user does not have a general place of jurisdiction in Germany or if the user's place of residence or habitual abode is unknown at the time the action is brought.
    4. These GTC apply to the contractual relationship between the client and TRA. Deviating, conflicting or supplementary GTC of the client (also e.g. terms and conditions of purchase) shall not become part of the contract. This shall also apply if TRA has not expressly objected to their validity.
    5. Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to replace the invalid provision with one that best serves the purpose of the contract in legal and economic terms. We are entitled to change these GTC unilaterally. We shall inform the customer of any amendment by e-mail, stating the content of the amended provisions. If the customer does not object to the changes within a period of 6 weeks after receipt of the change notification, the changes shall be deemed agreed. The customer will be informed separately of the right to object and the legal consequences in the event of silence in the event of an amendment to the GTC.
  12. Liability of TÜV Rheinland Philippines, Inc.
    1. Irrespective of the legal basis and in particular in the event of a breach of contractual obligations and tort, the liability of TÜV Rheinland Philippines, Inc. for all damage, loss and reimbursement of expenses caused by legal representatives and/or employees of TÜV Rheinland Philippines, Inc. shall be limited to: (i) in the case of contract with a fixed overall fee, 1.5 times the fee for the entire contract; (ii) in the case of contracts for annually recurring services, to the agreed annual fee; (iii) in the case of contracts expressly charged on a time and material basis to a maximum of 1.5 times the annual fees and (iv) in the case of framework agreements that provide for the possibility of placing individual orders, to an amount equal to 1.5 times the fee for the individual order under which the damage occurred. The maximum liability of TÜV Rheinland Philippines, Inc. is limited in any event of damage or loss 1.5 times the Total Contract Price.
    2. TÜV Rheinland Philippines, Inc. shall not be liable for personnel made available by the client to support TÜV Rheinland Philippines, Inc. in the performance of its services under this contract, and the client shall indemnify TÜV Rheinland Philippines, Inc. against any claims made by third parties.
    3. The limitation periods for claims for damages shall be based on statutory provisions.
    4. None of the provisions of this article 12 changes the burden of proof to the disadvantage of the client.
  13. Partial invalidity, written form, place of jurisdiction
    1. No ancillary agreements to a contract shall be concluded, unless agreed to by the parties.
    2. All amendments and supplements to contracts or agreements must be in writing in order to be effective; this also applies to amendments and supplements to the requirement for the written form.
    3. Should one or several of the provisions of a contract be void or become ineffective, the contracting parties shall replace the invalid provision with a legally valid provision that comes closest to the content of the invalid provision in legal and commercial terms.
    4. The place of jurisdiction for all disputes arising in connection with contracts and agreements shall be the Philippines and the same shall be governed by, construed, and enforced in accordance with the laws of the Philippines.