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 registration the customer can decide whether he wants to use the free basic tariff or a tariff with costs. The chargeable tariffs offer a larger scope of use and more extensive functions. TRA provides a separate online form for booking the fee-based tariff. By filling in and submitting the form, the visitor declares that he/she wishes to conclude a contract with TRA for the paid tariff. Before submitting the form, the visitor has the opportunity to check his details and correct them, if necessary, by changing the relevant fields.
    3. By clicking the "Register" button, the visitor makes a binding offer to conclude the paid or free tariff, depending on the selection made. TRA accepts the offer by sending a registration confirmation, by means of which the entered e-mail address is verified at the same time.
    4. The client has the possibility to change or cancel his chosen tariff on the eLearning platform. A change from a chargeable tariff to the free basic tariff is only possible after termination of the chargeable tariff in accordance with these GTC.
    5. When registering, the customer undertakes to provide only truthful information about himself and, if applicable, his company, and to keep his data up to date at all times.

  3. Pricing and Costs

    1. All prices stated on the TRA platform are total prices plus the applicable statutory value added tax.
    2. Unless otherwise stated in the individual payment methods, our payment claims arising from a concluded contract are due quarterly.

  4. Provision of the Platform

    1. TRA does not guarantee the availability and accessibility of the platforms.
    2. TRA is entitled to expand the scope of functions of the platforms at any time without prior notice, to make technical adjustments, to change menu navigation or layouts, or to restrict them in a reasonable manner, provided this is reasonable for the client.

  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. Bestehen
    2. If there are indications that a client has violated these GTC, TRA is entitled to take measures to stop such violations even without prior notice. For this purpose, TRA is entitled to block individual user accounts and, if necessary, to exclude them permanently from using the platform. In doing so, TRA will take into account the legitimate nterests of the affected client. There is no claim to the restoration of a blocked account.
    3. Contracts against payment for the use of the platform can be terminated by the client with a notice period of 4 weeks to the end of the quarter by sending an e-mail to digital-learning@de.tuv.com. Individual services on the platform that have already been booked but not yet used remain unaffected by this.
    4.  TRA may terminate the contracts with the clients 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 by this.
    5. 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
      1.  for damages resulting from injury to life, body or health,
      2. 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.