Terms And Conditions
1. Scope of applicability
(Status as of August 2017)
These General Terms and Conditions apply to the contractual relationship between UNITED POP online GmbH (“UNITED POP online”), as owner or licensee of the eLearning courses content/websites of UNITED POP online (“website”), and costumers (“participant/s”), who buy products, services, content, especially which book eLearning courses from those websites.
UNITED POP online GmbH is a German limited liability company, registered in the commercial register of Munich/Germany, under HRB 225701, with its company seat at Brucker Strasse 10, DE-82223 Eichenau, Germany.
Business Terms and Conditions of participants are hereby explicitly repudiated by way of precaution, unless these have been endorsed in writing by UNITED POP online on conclusion of the contract.
The Language of the contract is English.
2. Conclusion of contract
The use of paid services/eLearning courses by UNITED POP online is possible as of the age of 18 years. The acceptance of the order requires the unlimited legal capacity of participant and that he/she is not a minor, which participant affirms by placing the order. If persons who are not of legal age initiate orders, UNITED POP online cancels the contract as of now as a precautionary measure pursuant to § 109 German BGB. Persons who order using false information are liable to UNITED POP online for all damages resulting from orders made using false information pursuant to legal provisions.
3. Terms of delivery
The eLearning courses and tuition services provided by UNITED POP online are online courses of training and its use requires a constant connection with the Internet. The courses and tuition services will be provided with reasonable skill and care. Access times to the courses and a detailed user instruction are provided on the UNITED POP online websites.
The eLearning courses of UNITED POP online are intended solely for the participant. Any copying or provision of courses, course parts and/or related material to third parties is not permitted. In case of misuse UNITED POP online reserves the right to disable the user access of participant.
All courses, contents, materials, equipment, studios with regard to the website offerings are owned, created, operated and/or managed by UNITED POP online and/or its licensors and contractors and the websites contain copyrighted and/or trademarked data and information to be observed.
UNITED POP online reserves the right to update, modify or remove the data and content on its web pages or its entire web presence in whole or in part at any time without separate notice, provided the course offer will not be significantly affected and the services to be rendered are still performed in accordance with the contract. UNITED POP online shall also be entitled to alter advertised instructors at any time and to cancel courses or to transfer bookings to rescheduled dates. If a participant is unable to attend a rescheduled date he/she may be entitled to a refund.
UNITED POP online may subcontract or delegate in a legally allowed manner parts or all of its obligations under the contract to third (authorized) parties.
4. User account
For the services offered by UNITED POP online participant has to register for a user account. Participant assures that the information provided by him/her (normally first name, last name, postal address, date of birth, eMail address, phone number) on the UNITED POP online website as part of the opening of the user account, is true and correct. Participant shall immediately notify UNITED POP online of any changes in these personal data. In order to gain access to the protected area of a user account, appropriate access data in the form of a username and a password is mandatory. This data is only assigned to the participant personally. Participant may not pass this access data on to third parties and has to keep the password secret.
5. Payment terms
All prices/fees and currencies as shown on the websites to the particular course offers.
The prices are inclusive of the currently valid statutory value-added tax.
Our standard fees are based on monthly payments. Depending on the method of payment discounts on the standard fee may be granted if indicated on the websites.
In addition to the course fees a one-time registration fee must be paid as indicated on the websites. The billing of the fees shall be made by one of the payment methods given by the implementing payment system provider (PAYONE) and, as long as not indicated otherwise, will be made prior to the provision of the services by UNITED POP online. In this process only the terms and conditions of the payment system provider apply exclusively, which are indicated within the corresponding payment process.
If a participant fails to fulfill his/her payment obligation or if payment transactions are not executed or re-debited, UNITED POP online is entitled to block access to the participant subject to any further claims.
UNITED POP online reserves the right to exclude certain methods of payment.
6. Right of withdrawal
Instruction concerning right of withdrawal
If participant is a consumer, he/she has the right to withdraw from the contract resp. from his/her declaration of intention to conclude the contract in writing (e.g. letter sent by post, fax, eMail) within fourteen (14) days without giving any reason.
Participant may use our standard withdrawal form, but it is not obligatory. The standard withdrawal form can be downloaded here: https://campus.united-pop.online/documents/withdrawal.pdf
The period begins at the earliest upon receipt of this instruction. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
To exercise the right of withdrawal, participant must address the withdrawal to:
UNITED POP online GmbH Brucker Strasse 10 DE-82223 Eichenau Germany
Consequences of withdrawal
In case of an effective withdrawal, UNITED POP online has to repay to participant, without delay and at the latest within fourteen days from the date on which the notification of the withdrawal of this contract has been received by UNITED POP online, all payments received from the participant, including possible delivery costs. For such repayment, UNITED POP online will use the same means of payment that participant has used in the original transaction, unless he/she has expressly agreed otherwise. In no case participant will be charged for any of such repayment fees.
If participant has requested that the services shall commence during the period of withdrawal, participant shall pay to UNITED POP online a reasonable amount equal to the proportion of the services provided up to this time, compared to the total scope of the services provided in the contract.
7. Data protection
As part of processing contracts, we collect, use and store the participant ́s data. In doing so, we pay strict attention to compliance with the applicable data protection law. Participant expressly agrees to this use and storage of his/her data by sending and entering the accordant information.
Participant has the right to revoke his/her consent at any time with effect for the future. He/she shall also be entitled, upon written or electronic communication to UNITED POP online, to inspect the existence and extent of his/her stored data.
UNITED POP online may submit statements and information to the participant in admissible manner by eMail to the eMail address given by the participant as current contact information in his/her user account.
8. Copyright, intellectual property
All intellectual property rights (including without limitation copyright, database right, registered design, trademarks, application to register any of the aforementioned rights and/or know how) in content, information, pictures, videos, databases and similar material of UNITED POP online or its licensors and/or published on the UNITED POP online website, are and shall remain the exclusive property of UNITED POP online or its licensors and are protected by copyright.
The accordant use is permitted only for private, personal use with regards to the objective services and learning. Any further use, in particular the private and commercial copying, modification, dissemination or storage of information or data, requires the prior consent of UNITED POP online. This also applies to the inclusion in electronic databases and duplication on CD-ROM, DVD etc. In addition, the legal limits resulting from the copyrights apply.
UNITED POP online or its licensors shall also own all intellectual property rights arising in the parts of writings and/or recordings made by UNITED POP online staff during the rendering of services. Any unauthorized reproduction, dissemination, broadcast or other use of such UNITED POP online owned or controlled writings and/or recordings is prohibited and shall constitute a breach of this contract and an infringement of copyright.
9. Warranty and limitation on liability
The content of these websites are compiled, published and maintained with utmost accuracy and to the best of UNITED POP online’s knowledge.
United Pop Online shall only be liable for damages (f.e. due to default, non-performance, poor performance or unauthorized action) in case of violation of essential contractual obligations caused with culpable intent or gross negligence by United Pop Online, and for simple negligence in cases of breach of cardinal duties (duties material to the contract). In the case of negligent breach of material duties United Pop Online’s liability is restricted to foreseeable average damage typical of the contract. This shall also apply to simple negligence of cardinal duties by legal representatives or vicarious agents. Liability for breach of cardinal duties by simple negligence is restricted to €5,000.00. Liability for damage arising from injury to life, limb and health shall be neither excluded nor restricted. All other liability of United Pop Online whatsoever, irrespective of legal grounds, is excluded unless there are mandatory legal regulations given.
In case of justified complaints of the participant, of which he/she immediately has to notify United POP Online or the payment provider on written basis, participant reserves the right of repair or a subsequent delivery and may demand a reduction of the fee when rework or a substitute delivery verifiable is impossible or refused. However the participant is not entitled to rescind the contract.
Based on the current state of technology, there is no guarantee that data communication using the internet will be free from errors and/or will be available at all times. In this respect UNITED POP online does not warrant and is not liable for the continuous and comprehensive availability of its websites that could be affected adversely by disruption of the server, public communications networks, power supply or other circumstances which are not under control of UNITED POP online. Apart from that UNITED POP online reserves the right to temporarily suspend the services with regard to maintenance and further development if required for proper or improved operation.
For the avoidance of doubt, UNITED POP online shall not be liable for any loss or termination hereunder resulting from or arising in connection with any student visa status or other reason related to immigration matters. And, except as set out herein, UNITED POP online shall under no circumstances be liable to the participant, whether in contract, tort or otherwise, for any indirect or consequential loss (incl. loss of profits) arising hereunder or in connection with the courses provided.
10. User liability
If participant uploads, posts or otherwise makes available content of any type, including but not limited to text, music, and/or photographs, on the websites of UNITED POP online he/she is solely responsible for such content. UNITED POP online can not control all such content nor can guarantee the accuracy, integrity or quality of it and shall not be liable for any content or loss or damage incurred as a result of the use of any content made available by participant through the websites.
Participant agrees that he/she will not submit content which contains libelous or otherwise unlawful, obscene, or abusive material or harms minors in any way or impersonates persons or entities or that infringes any patent, trademark, copyright or other personal or proprietary rights of a party or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, interfere with or disrupt the websites or any servers or networks connected to the websites or collect or store personal data about other users.
If participant is in breach of any of the obligations given by these General Terms and Conditions he/she is obliged to compensate UNITED POP online for expenses incurred as well as to indemnify and exempt UNITED POP online from all claims for damages and reimbursement of third parties caused by the infringement. This also applies if the damage is caused by others, as far as this is attributable to the participant. The damage to be compensated also includes reasonable costs of legal defense of UNITED POP online. The right of UNITED POP online to assert further claims for damages remains unaffected. UNITED POP online also reserves the right to refuse or move any such content or may retain and disclose content if required to do so by law.
An extraordinary termination of the contract for good cause according to the statutory provisions shall be reserved for each party. A termination pursuant to these General Terms and Conditions shall be made by means of a written notification to:
UNITED POP online GmbH Brucker Strasse 10 DE-82223 Eichenau Germany
12. External links
UNITED POP online websites my contain reference to websites of other providers. The content of these foreign websites is neither provided nor influenced by UNITED POP online. Solely responsible for external content are the respective website providers. When first establishing links to foreign content, UNITED POP online carefully checked this content for possible legal violations or other unlawful contents. In case UNITED POP online discovers at a later time that content to which a link was provided is of such illegality, UNITED POP online will delete the respective link immediately.
13. Applicable law and jurisdiction
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN purchase law/UN Sales Convention.
The place of jurisdiction is Munich to the extent permitted by law.
14. Subject to change
Participant confirms his/her agreement to these General Terms and Conditions when signing up or setting up the account on the UNITED POP online website. UNITED POP online reserves the right to adapt these General Terms and Conditions at any time in compliance with the statutory regulations on appropriate objective grounds, unless it is not reasonable for the participant. UNITED POP online will promptly notify participants of changes in the General Terms and Conditions. If participant does not object to the validity of the new conditions of use within six (6) weeks after notification, the changed General Terms and Conditions shall be deemed accepted by participant. UNITED POP online will inform the participant accordingly of its right of objection.
15. Severability clause
Should any provision of these General Terms and Conditions and/or the contract between UNITED POP online and the participant be or become invalid or unenforceable, in whole or in part, or should it become apparent that there is an omission in it, the validity of the remaining provisions are not affected thereby. The same applies to provisions, which are agreed as supplementary.
The invalid provision is to be replaced or the omission remedied by a commensurate provision, insofar as legally possible, which comes closest in law to that which the parties concluding the contract desired or would have desired in accordance with the meaning and purpose of the contract.
Otherwise the statutory provisions shall apply.
16. Consumer arbitration, information according to § 36 VSBG
We are not participating in a dispute settlement procedure before a consumer arbitration board. There is no obligation for our company to do so.
Consumers have the opportunity to use this online platform of the European Commission (OS platform) to resolve their disputes: http://ec.europa.eu/consumers/odr/
This online dispute resolution platform is an official website of the European Commission, which helps consumers and traders to reach an out-of-court agreement if problems should arise.