Terms and Conditions
Updated November 16th, 2010
The School-Scout Service as part of the e-learning academy corporation, Linckensstraße 187, 48165 Münster, email: firstname.lastname@example.org, referred to as ‘SCHOOL-SCOUT’, provides the customer, referred to as ‘USER’, access to his propositions as well as to other services. These standard business terms regularise terminatory the use of services of School-Scout by the User. Regulations to the contrary will not be accepted. The terms are held ready on the Server for the User.
Site policy of School-Scout internet services
1. Access to School-Scout services and all other networks
School-Scout grants access to his offers. Both internet and other internet services are legally independent of School-Scout. School-Scout is not liable for intents the User receives via internet. The use of all services is done by the User’s own risk and only on his account. The User binds himself to comply to regulations, legal requirements and standards as appropriate The knowledge of those applies to the User.
School-Scout services are available twenty-four hour a day. School-Scout does not guarantee this availability nor the achievement of predetermined results by the use of School-Scout’s search mask.
2. Contents of School-Scout
Contents of School-Scout are only contents particularly marked as those. School-Scout reserves the copyright of all contents. The User commits himself to accept the copyright and related rights by School-Scout.
3. Interactive services
As far as the User takes part in existing and future services of School-Scout, he binds himself to observe cultural, religious and personal concerns of other Users. Illegal or offending statements, actions are to be omitted. In case of non-compliance School-Scout is entitled to limit or end the USER’S access to his services.
4. USER’S contents
As far as the USER advertises contents of School-Scout, he commits himself to comply to regulations, legal requirements and standards as appropriate, in particular to existing copyrights. The knowledge of those applies to the User.
The User commits himself to keep School-Scout free of eventual third-party claims, that might be put forward on account of violations of third-party rights. Furthermore the User commits himself to recompense any losses to SCHOOL-SCOUT that might arise in connection with demands of a third- party.
The USER commits himself to take care of cultural, religious and personal interests of a third party with the offer and distribution of his contents. No illegal or offending contents are to be offered or distributed. In the case of offering or distributing such contents, SCHOOL-SCOUT is entitled to limit or end the USER’S access to his material. The USER confers SCHOOL-SCOUt the rights necessary to distribute his contents. This granting of the permit is free and not negotiable and includes the right of processing and distribution..
5. Liability and Compensation
SCHOOL-SCOUT endeavours to update the offered materials and services to the highest possible standards of content and technique. This refers to the correctness of contents as well as to the materials for being virus-free. SCHOOL-SCOUT does not assume liability or compensation for losses occuring by erroneous data, by faulty use of services or by virus infected material. SCHOOL-SCOUT explicitly indicates that the check of viruses in materials applies to the USER
6. Copyright and licensing of purchased products
Offered contents by SCHOOL-SCOUT are copyrighted. Each use underlies existing Copyright and Protection laws. The USER commits himself to acknowledge and and comply to those. These include notably the prohibition of distribution and activation of the material to a third party, e.g. by the recording to electronic data bases or the inclusion to compilations, archives or press reviews. This prohibition includes the electronic sending and deployment of contents on the internet. Contraventions can bring indemnity claims.
The purchase of a document or other material (mainly PDF-files or documents for text processing) gives the client a license for single use or classroom use – if not pointed out specifically with the respective product. The USER is permitted to use the document for his preparation of teaching and for teaching in the classroom. He is permitted to distribute the documents to the students. For the deployment of the product to the school-network or networks across the classroom an additional school-license is necessary.
With the purchase of a CD-ROM or of software a single license is given. The USER may copy the amount permitted by the legislator for his own backup purpose. The software is not to be deployed on more than one computer at school or at school-network.
To use the services of SCHOOL-SCOUT the USER has to register as a user. The registration is fee-free and there are no further obligations. For registration the USER has to specify a current address.
SCHOOL-SCOUT is entitled to refuse a registration. Additionally, SCHOOL-SCOUT reserves the right to shut off USERS, that specified false data of address or account. The exclusion might take place short-termed and without information. For that case the USER has no claim for compensation. This applies as well for any misuse of these regulations and for the lack of payment of using fees or any other fees despite reminder.
8. USER ID and Password
It applies to the USER to secure and supervise the deposit and use of his password or any other safety measure.
SCHOOL-SCOUT is not liable for damages arising to the USER in consequence of misuse or loss of the allocated terminal identification (USER ID, password). The transmission of USER ID and password on the internet is not absolutely safe, even on newest state of the art. According to § 33 Abs. 1 Bundesdatenschutzgesetz the USER is made to be aware of the fact that SCHOOL-SCOUT stores the USER data machine sensible and processes them within the scope of the existing contract between SCHOOL-SCOUT and the USER. Details of the USER’S researches in the SCHOOL-SCOUT-Datapool are handled confidentially.There will be no disclosure of information to any third party.
The USER accepts the one-time receipt of a newsletter to his specified email address. Afterwards, the USER can unsubscribe at any time without explanation. The USER commits himself to accept information mails, that contain User information as statements of account, invoices, order confimations etc..
The USER can de-register to the services of SCHOOL-SCOUT any time in writing. Further usage is not possible afterwards. That does not free the User to honour his debts. Deposits made before re-registration are to be re-transferred. Specific credits, as discounts, draws, promotional discounts etc. are to be deducted out of the account before re-transferred
11. Fees for deposits and payments
SCHOOL-SCOUT administers accounts in Germany and Switzerland and offers further possibilities to transfer money to the USER account. SCHOOL-SCOUT does not have any bearing on fees of credit card companies, banks (for foreign transfers, currency exchange for cash postings) or any other providers. SCHOOL-SCOUT wants to find the most economy-priced solution for the USER, nevertheless a sum can only be credited the user’s account when actually received by SCHOOL-SCOUT.
12. Use of fee-required offers
With the registration the USER commits himself to the fact of fee-required offers of SCHOOL-SCOUT. With the download or order the USER commits himself to the payment of any accruing costs to him. Time for payment allowed is one week after transmission of material. In the event of non-payment within this period a demand note is sent per email. Should there be the necessity of a second demand note the processing and sending fees apply to the USER. The USER commits himself to inform SCHOOL-SCOUT of any issues with receiving or using the materials within 7 days. If not, the USER accepts the reception of his order and his definite understanding to pay any arising costs. Eventual claims of the SCHOOL-SCOUT company, arising from a violation of point 11 of the SBT will remain unaffected by the default action.
12b. Settlement of VAT
As a company based in Germany, SCHOOL-SCOUT calculates the German VAT rate for sales. Invoices can be issued including German VAT only.
13. Information of the right of cancellation
Right of withdrawal
You can cancel your order within 14 days, without giving reasons, in written form (eg letter, fax, e-mail) or by returning the goods before the deadline. The time limit begins after receipt of this notification in written form, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before our obligations under Article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312e paragraph 1 sentence 1 in conjunction with Article 246 § 3 EGBGB. It is sufficient to send the cancellation withhin the revocation period. The revocation must be sent to:
e-learning academy AG Linckensstr. 187 48165 Münster Germany
Consequences of withdrawal
In the case of an effective cancellation the mutually received benefits and any benefits (eg interest) are to be given back. If you can not give back the benefit received whole or in part, or only in deteriorated condition, then you have to pay us compensation for the value. This may mean that you have to fulfill the contractual payment obligations for the period up to cancellation nevertheless.
Compensation is not required if the deterioration of the product is solely because of the test, as it would have been possible in a store. In addition, you can avoid the obligation to pay compensation for a deterioration of the product as a result of the intended use of the item (ie, putting into use only for the purpose for which the product was designed) by not using the goods like your property and refrain from anything that could reduce its value.
Packages are to be returned at our risk. You have to bear the cost of return if the delivered goods correspond to those ordered and if the price of the goods is greater than the sum of 40 €. Otherwise, the return is free for you. Things which are not shippable by parcel will be picked up from you. Obligations to reimburse payments must be made within 30 days. The period begins with the sending of your cancellation or the goods. For us the period begins with the reception.
End of information of the right of cancellation
Exclusion of withdrawal
It is hereby notified that the customer has, pursuant to § 312 para 4 No. 1 BGB, no right of withdrawal for materials supplied in digital form regarding his order for those good, as downloads due to their nature are not suitable for returning. The same is true of software or other products delivered on digital media as soon as any existing seal is broken.
SCHOOL-SCOUT voluntarily refunds the purchase price in case of reasonable discontentment. Just send a short justification to email@example.com.
14. Violation of the Standard Business Terms of SCHOOL-SCOUT
In case of violation to this Standard Business terms- particularly with specification of false personal data in combination with the purchase of fee required material- the USER commits himself to settle all incurred damages to SCHOOL-SCOUT. This includes the costs of identification of the real data besides the costs of materials as well as the costs arising by protecting the SCHOOL-SCOUT-Server from the USER.
15. Dunning Process
According to § 286 Abs. 2 BGB the Debtor of a outstanding debt is in areas with payments at the latest from 30 days after maturity and reception of invoice. This applies only when the USER has been explicitly made aware of these facts. Any negligence in defaulting applies to the debtor. The debtor does not default with circumstances that detain delivering of the material without him being responsible for.
According to § 288 BGB the rate of default amounts 5% a year over base rate (for non-consumers as other companies 8%) for consumers (= natural person closing a transaction neither for commercial nor self-employed acting). On January 1th and July 1th of each year the base rate changes according to § 247 BGB (01.01.2005: 1,21 %; 01.07.2005: 1,17 %; 01.01.2006: 1,37 %; 01.07.2006: 1,95 %). Any calculation of compound interests is illegal according to § 289 BGB.
16. Applicable Law, Place of Performance
This agreement is subject to German law. Place of Performance is Münster. Place of Jurisdiction to civil disputes concerning this agreement is Münster to the extend permitted by law.
SCHOOL-SCOUT – The individual school service