General terms and conditions

Classroom training courses

1) Registration

The participant or customer can register for seminars verbally by phone or in writing by e-mail, fax and post. The registration becomes binding once confirmed in writing by wingsacademy GmbH & Co. KG. Registrations are not transferrable.

2) Number of participants

All seminars have a limited number of openings. Registrations will be accepted in the order in which they are received.

3) Requirements for participation

The requirements for participation are as stated in the seminar descriptions and the assignment of seminars to target groups in the seminar catalogues. wingsacademy GmbH & Co. KG reserves the right to exclude participants from a seminar – even if the seminar has already begun – if it is obvious that the requirements are not met.

4) Cancellations

All cancellations must be made in writing, regardless of whether the cancelling party is the participant or the course provider. 25% of the course fee may be charged if the participant cancels the registration fewer than 14 days prior to the start of the event. Courses which are canceled less than 7 days before start of the course are subject to full payment. The appropriate calculation of this time limit starts once the cancellation receipt reaches wingsacademy GmbH & Co. KG 

wingsacademy GmbH & Co. KG reserves the right to cancel events – even confirmed ones – for organisational or other good reasons (force majeure) up to three days before the start of the event. An alternative date will generally be announced shortly thereafter.

5) Invoice and prices

All stated prices are before-tax prices plus value-added tax. Payment is made against invoice. Seminar invoices must be paid no later than at the start of the seminar. These invoices are due immediately upon invoicing and payable without discounts. Partial course attendance does not entitle the participant to reduce the attendance fee.

6) Dates and venues

The seminar dates and venues are as stated in the seminar description and registration confirmation. wingsacademy GmbH & Co. KG reserves the right to change dates and venues at short notice if required by circumstances not attributable to us. We will communicate these changes in a timely fashion.

7) Seminar content

The seminar topics and content are stated in the seminar description and, where relevant, the laws and regulations governing the topics. The course provider reserves the right to make minor changes to the content of the seminar at short notice provided they do not run counter to the goal of the seminar.

8) Accommodation

Unless otherwise noted, the participant or customer must provide for their own accommodation during an event. Any accommodation reservation made by wingsacademy GmbH & Co. KG is made on behalf and by the order of the participant or customer. Special terms negotiated by wingsacademy GmbH & Co. KG will be passed on to the participant or customer.

9) Copyrights

wingsacademy GmbH & Co. KG reserves all rights to its own seminar documents and training software. It is strictly prohibited to copy, distribute and edit these documents in whole or in part or to design one's own seminars on the basis of such documents.

This provision does not affect any third-party rights.

10) Damage caused by external storage media

Seminar participants are fully liable for any damage caused by importing data from their data storage media to a seminar computer.

11) Liability

wingsacademy GmbH & Co. KG's liability to participants and customers is limited to wilful and grossly negligent conduct, regardless of the legal grounds. Employees or subcontractors of wingsacademy GmbH & Co. KG who have acted as vicarious agents ("Erfüllungsgehilfen") of wingsacademy GmbH & Co. KG have no personal liability.

wingsacademy GmbH & Co. is not liable for indirect damage (e.g. consequential damage, pecuniary losses or lost profits) or for the loss of data and/or programmes.

This is without prejudice to our liability for damages resulting from injury to life, limb or health due to a negligent breach of duty.

The limitation period for claims for damages against wingsacademy GmbH & Co. KG expires after 12 months. Participants or customers are solely and exclusively liable for any items that they may bring into the training course (including personal valuables).

12) Data protection/confidentiality

wingsacademy GmbH & Co. KG agrees to hold in confidence any information regarding the participant and/or trade secrets. wingsacademy GmbH & Co. KG complies with data protection provisions.

13) Jurisdiction

The place of jurisdiction is Darmstadt.

14) Modification of the general terms and conditions

wingsacademy GmbH & Co. KG may modify these general terms and conditions at any time. New general terms and conditions apply to contracts that are subsequently concluded.

E-learning – Purchase of licence codes

1) General

These general terms and conditions (hereinafter "GTCs") apply exclusively to any and all business transacted between the customers and wingsacademy GmbH & Co. KG (hereinafter "WAC") in the context of licence code purchases. Any other contract or agreement, which must be available in written form, is understood to be a side agreement to these general terms and conditions. If the customer's terms and conditions contradict or deviate from our GTCs, they will only apply if expressly accepted in writing by WAC. Any agreements that deviate from or amend these GTCs must be in written form.

2) Scope of validity and application

These GTCs apply to the purchase of licence codes for accessing e-learning services online, also referred to as "content", "online training" or – hereinafter – "WBT". E-learning services are provided and accessed exclusively through "iLearn24", WAC's learning management system (hereinafter "LMS"), which can be accessed over the internet. Our e-learning services are designed exclusively for commercial use. By ordering one of our e-learning services, users certify that they are acting in their capacity as a merchant without the ability to revoke their order.

3) Conclusion of contract

WAC's online product presentations do not constitute a binding offer to enter into a contract, but rather an invitation for the customer to make an offer by submitting a purchase order.

Licence codes are purchased on the basis of a written purchase order or a contract between you (the customer) and WAC. The purchase of a licence code allows customers to access the WBT online via the LMS within the scope described in the product description without incurring any additional costs. Consequently, by placing the order, customers acquire a right to access the WBT stored in the LMS and booked by the customer. However, we reserve the right not to accept purchase orders if they relate to WBTs that are only designed or allowed to be made accessible to certain target groups. Furthermore, we reserve the right to modify or add WBT content at any time. Furthermore, WAC may remove individual WBTs from the LMS or to replace them with other WBTs. When placing an order using the online order form, the goods selected for purchase are placed in a "shopping cart". Customers can access and change the shopping cart at any time by clicking the appropriate button in the menu bar. After opening the payments page and entering personal data as well as payment and shipping options, all the order information is shown once again on the order summary page. This gives customers another opportunity to check or change all the information or cancel the purchase before submitting the order. By clicking "Place order and bill me ", customers submit a binding offer to WAC. The customers then receive an automated e-mail confirming receipt of their order, which does not yet constitute acceptance of the contract. The acceptance of the order (and thus the contract) is always effected by delivery of the goods or by a text confirmation (e.g. e-mail) confirming that the order is being processed or that the goods will be shipped to the customer. The order processing and the transmission of all the information required to conclude the contract is partially automated. For this reason, customers should ensure that the e-mail address provided to WAC is correct and that there are no technical restrictions preventing the receipt of the e-mails, including spam filters.

4) Registration in the LMS

Registration in the LMS is required in order to access the WBT and thus redeem the licence codes. This registration is free of charge and can also be completed without first purchasing licence codes. Once the registration is completed, it will be active for five years and can be used to redeem further licence codes. LMS access will only be disabled if no further logins are made for a period of 5 years. A new registration will then be required to redeem further licence codes. The registration is completed by customers clicking the link for registration with the LMS – for example in an e-mail – or by accessing the LMS registration page on the internet directly. On the LMS registration page, they must then complete the online form, at least in the required fields, and submit the completed form. At the end of the registration process, customers must also agree to the GTCs, the privacy policy and the use of their personal data. During the registration process, the relevant documents are provided to the customers in a form suitable for saving or printing. Unfortunately, registration cannot be completed without customers' consent. Once customers submit the data in the online form, they receive an e-mail with a confirmation link. The registration process is not finished until the customers click this link to confirm the accuracy of the process and the data.

5) WBT access and use of licence codes

Following the purchase of licence codes, users receive an e-mail with the number of licence codes they ordered – one code for each user and WBT. They also receive instructions on how to redeem licence codes and how to register in the LMS.

The licence codes must be redeemed by the end users (learners) using their own, personalised LMS accounts and must not be redeemed by others on the end users' behalf.

WBT access is contingent on the users' eligibility – pursuant to legal requirements – to complete the course in question, e.g. by membership in a specific target group or completion of a prescribed initial training course. WAC reserves the right to require learners to submit written proof of eligibility. In addition, before redeeming a licence code, all the system requirements must be checked to ensure they are met. A list of requirements can be obtained from WAC. The requirements can also be checked after registering in the LMS.

The WBT can be accessed immediately after completing the registration and logging in to the LMS. To access the WBT, enter the licence code in the appropriate box on the LMS start page to redeem it. The WBT then opens on the LMS start page and is ready for the learner. The WBT may not be immediately available for the learner in some special cases. This may happen, for example, if the learner is prevented by law from completing a course outside of a particular time window prior to the expiry of the course. In this case, the users will be notified of the earliest possible time when they can start the course. The corresponding licence code can only be used for this specific course and cannot be altered..

A purchased licence code is valid indefinitely and does not expire. The option to access a WBT is limited to a period of three months (useful life) following the redemption of the licence code. Once a licence code is redeemed, it is considered to be used up in exchange for a fee. That means that the licence code is considered used up as soon as a WBT has been assigned to a learner (named user) by redeeming the licence code – regardless of whether the learner actually completes the WBT.

6) Availability

We endeavour to provide the WBT to you without disruptions. However, maintenance, enhancements and/or other circumstances may limit and/or temporarily interrupt system use. This may also cause the loss of data. For this reason, we expressly do not guarantee a certain level of availability for the LMS or the WBT.

7) Right of revocation and return

We expressly point out that the right of revocation or return does not extend to electronically delivered or provided items. Likewise, the right of return does not extend to personalised digital works or digital works produced specifically for the ordering party.

8) Title and copyright

All WBTs, including, without limitation, their texts, photographs, graphics, videos, sounds and animations and the accompanying documents are copyright protected. The same applies to all other content of the LMS. Customers are not permitted to reproduce content in whole or in part in any way (by photocopy, microfilm, screenshot, screencast or any other method) or to electronically store, copy, process or share the content with third parties. Exceptions require the written permission of WAC. Customers are cautioned that any copyright violation will render them liable for damages, subject them to certain negative obligations and may result in criminal prosecution. By paying the fee, customers only acquire the right of use for the agreed purpose within the agreed scope of use. Unless agreed otherwise with WAC, customers may only use WAC services themselves and only for the duration of the WAC contract.

Customers may only change WAC services with the express consent of WAC and of the author if the services are copyright protected.

Any use of WAC services above and beyond the originally agreed purpose and scope of use requires the consent of WAC, regardless of whether this service is copyright protected. The purchase of licence codes does not give customers any ownership or exploitation rights to the content or programmes provided. The source code for the WBT or software will not be made available. Customers may use the WBTs for business purposes. They are not permitted to commercially exploit the content provided to them. Any use above and beyond these limitations requires the prior consent of the respective right holder; this particularly applies to (a) any commercial and private duplication, modification, distribution or storage of information or data, (b) the implementation of the content on third-party websites and (c) inclusion in electronic databases. In all other regards, the statutory limits of copyright law and/or other applicable legal requirements apply.

9) Rights and obligations of the customer or participant

Customers are permitted to use login information and other course materials within the scope of the agreed WBT only. Content downloading or any other duplication is not permitted and shall entitle WAC to terminate the contract without notice and claim damages. The only exceptions to this prohibition are document attachments in the LMS or the WBT provided solely for this purpose and explicitly offered for download. We reserve the right to claim further damages. The customer must treat confidentially the login information and protect it from unauthorised third party access. It is not permitted to use it for any purposes other than the ones described. Without the prior written consent of WAC, the customer is prohibited from, among others, granting free access to third parties, reselling or leasing login information to third parties, or sharing the login information – internally or externally – in a manner that would enable parallel use.

10) Payment

All prices specified by WAC are before-tax prices subject to value-added tax (currently 19%). Unless agreed otherwise, WAC's right to compensation payment arises for each individual service as soon as it has been provided. WAC may demand payment in advance. All WAC services not expressly covered by the agreed compensation will be paid for separately. This applies, without limitation, to all additional services provided by WAC. All cash outlays incurred by WAC above and beyond normal business operations (e.g. for courier services, extraordinary shipping costs or travel) must be reimbursed by the customers unless agreed otherwise. Invoices issued by WAC are due and payable immediately without discounts on the invoice date unless agreed otherwise. In the event of a late payment, default interest in the amount of at least 8% will be deemed agreed. We reserve the right to engage a collection company to collect past-due accounts.

Terminations are only accepted if submitted in writing by signed for post. If the customer is overdue on payments, WAC may (a) disable access to the server until the amount outstanding has been received or (b) terminate the contract without notice and invoice the customer for any costs incurred in this context and assert claims for damages where applicable.

11) Confidentiality

The customer agrees to treat confidentially the WAC price list and other confidential data – e.g., login data and information of a commercial nature such as discounts – and to use it solely for the purpose of the contractual relationship with WAC.

12) Violations

We reserve the right to suspend user access temporarily or to completely and permanently deny users further access if these GTCs are violated. There is no right to (pro-rata) reimbursement of the WBT access fee in this case.

13) System errors

It is common knowledge that the current state of the art does not permit the development of entirely error-free software. WAC will correct, at no charge, any software error for which WAC is responsible. If it emerges than an error is caused by customer negligence or third parties, we may charge the customer a reasonable free for troubleshooting and correcting the error.

14) Liability and warranty

 

 

Liability and warranties are extended in accordance with the law. WBTs are provided without express or implied representations of any kind. We also exclude any and all implied warranties concerning the capacity to act, fitness for certain purposes or the non-violation of laws and patents. While we assume that the information on offer is accurate, it may still contain errors or inaccuracies. The characteristics of goods are only as described by WAC and not as per other advertising, public recommendations or other statements made by the manufacturer. The customer must examine the goods immediately and with all due care for defects in quality and quantity, and must notify WAC in writing of any obvious defects immediately but no later than within seven days of receiving the goods. The deadline is deemed to be met if the notice is sent off in a timely fashion. This also applies to any hidden defects discovered later, measured from the time of their discovery. Warranty claims will not be accepted if the customer fails to comply with its obligation to inspect the goods and give notice of defects. WAC will remedy the defect, at its option, by repairing or replacing a defective product. If the remedy fails after two attempts, the customer may, at the customer's option, demand a reduction in price or rescind the contract. In case of a repair, WAC will not be required to bear the additional costs caused by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods. The warranty period is one year from the shipment date. The shortened warranty period does not apply to (a) damages attributable to and culpably caused by WAC from injuries to life, limb or health, (b) damages caused by wilful misconduct or gross negligence or in bad faith by WAC, and (c) recourse claims pursuant to German Civil Code §§ 478, 479. Content made available to the user by third parties is information belonging to the author or disseminator and not to WAC. Under no circumstances will WAC be held responsible for the accuracy, correctness or reliability of such content. In particular, WAC will not be liable for any losses or damages caused by users relying on such information. WAC will perform the tasks assigned to it in compliance with generally recognised principles of law and will point out to the customer any significant risks evident to WAC in a timely fashion. WAC expressly disclaims any liability for consequential damage due to server or service failures or for data loss of any kind. It is the customer's responsibility to back up the customer's data. Furthermore, WAC expressly disclaims any liability for consequential damage due to programming or configuration errors. All e-learning services have been developed taking into consideration laws, regulations, due diligence and generally accepted good engineering practices. The customer is responsible for meeting the minimum hardware and software requirements. This includes, without limitation, compliance with the system requirements specified by WAC as well as the security and speed of the internet connection. In the event of unusual server or traffic loads caused by the customer or third parties and in the event of suspected hacking attacks, we may deactivate the virtual or physical server without explanation until the problem has been resolved.

 

 

15) Choice of law, place of performance, jurisdiction

The laws of Germany apply, exclusive of the provisions of the UN CISG.
The place of jurisdiction and place of performance for all services provided within the scope of the business relationship with WAC is the place of WAC's registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's domicile or habitual place of residence is not known at the time the action is brought. This is without prejudice to the right to bring a suit in a different jurisdiction.

16) Severability

Any current or future invalidity of individual provisions of these GTCs will not affect the validity of the remaining provisions hereof. The parties agree to replace the current or future invalid provision with a provision that most closely approximates the present provisions in terms of the parties' intensions and actual business fundamentals.


Contact
wingsacademy GmbH & Co. KG

Head office: +49 (0) 211/ 95 78 40
E-mail: service(at)wingsacademy.de

Contact

wingsacademy GmbH & Co. KG

Phone: +49 (0) 211/ 95 78 40
E-Mail: service(at)wingsacademy.de