§1 Scope of application
(1) These General Terms and Conditions apply to all legal relationships between FinTeachWorld GmbH & Co KG, Treppendorf 44, 96142 Hollfeld, Germany (hereinafter referred to as “FinTeachWorld”) and its customers as well as to the use of the online platform www.finteachworld.com (hereinafter referred to as “platform”) and contracts concluded via this platform.
(2) Our offer is aimed at consumers and entrepreneurs. A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(3) Terms and conditions of the customer that deviate from the following shall not become part of the contract even if FinTeachWorld does not expressly contradict their validity.
§ 2 Products and Services
FinTeachWorld offers digital content and services to its customers on its website www.finteachworld.com The object of the services offered (hereinafter referred to as “Products”):
1. advanced training courses on various topics and with different scope, which can be purchased in video format via the online platform www.finteachworld.com
2. subscriptions, which are concluded by the customer on the platform and relate both to the purchase of products and to the provision of services (e.g. newsletters).
3. white label solutions, which include the chargeable integration of FinTeachWorld services into the offer of the respective customer (in this case referred to as “white label partner”).
4. affiliate partnerships for the procurement of new customers against a commission payment.
5. community functions for registered customers on the online platform.
§ 3 White Label Services / White Label Partners
(1) By purchasing a White Label service, the White Label Partner acquires the right to have FinTeachWorld products branded with its own branding, logo, company name or comparable identification marks and/or to integrate such a product into its own presentation of goods and/or services.
(2) Insofar as a third party acquires services, products or services from FinTeachWorld through the White Label offered by a White Label Partner, FinTeachWorld is exclusively entitled and obliged to provide services directly to the third party. The same applies to the delivery of the product and/or the provision of the service to the third party.
(3) All further regulations for the activity as White Label partner are regulated in our special general trading conditions for the activity as White Label partner.
§ 4 FTW partnership / Affiliate activity
(1) FinTeachWorld offers its customers the opportunity to conclude an affiliate contract and become a FinTeachWorld partner (“FTW Partner”).
(2) The advertising material provided by FinTeachWorld at a charge may be used by the FTW Partner on its websites or via other channels such as keyword advertising or e-mail marketing.
(3) If a third party, e.g. a consumer, clicks on the link in an advertising medium and this subsequently leads to a remunerated business transaction, the FTW Partner receives a commission from FinTeachWorld for the successful placement of new customers. The amount of the commission is determined by FinTeachWorld’s current commission list.
(4) The FTW partner acts only as an intermediary and does not conclude the main contract (with costs) with the customer himself.
(5) All further provisions regarding the activity as an FTW partner are regulated in our special General Terms and Conditions for the activity as an Affiliate.
§ 5 Conclusion of contract
(1) The presentation or advertising of a product or service in our online shop does not constitute a binding offer to conclude a sales contract.
(2) To purchase products or services in the online shop, the customer must place the desired products or services in the digital shopping cart. Subsequently, he is requested to enter his order data in a specified mask. Once this has been done, the customer is requested to select a payment procedure and to confirm that he has read and understood these GTC including the revocation instructions and the data protection provisions.
(3) Before submitting the binding order to FinTeachWorld, the customer has the opportunity to print out the contract text. A “Print” button, which the customer can click on, is available in the last section of the order process for this purpose.
(4) By clicking the “Buy Now” button, the customer submits a binding purchase offer for the order, to which the customer is bound for 7 calendar days. We save the contract text.
(5) The acceptance of the offer by us takes place by express declaration. This will be communicated to the customer by e-mail by the end of the third working day following the day of the offer at the latest. In addition, the customer will receive the contractual provisions with details of the ordered products including these GTC and the revocation instructions by e-mail. FinTeachWorld reserves the right to reject contract offers without giving reasons.
(6) Irrespective of the language chosen for the presentation of the website contents, the contractual language is German.
§ 6 Registration
(1) The visit of the website www.finteachworld.com and the search of the offered products is possible without registration. When concluding a contract with FinTeachWorld in order to participate in training courses, to become a White Label Partner and to purchase White Label services or to establish an FTW partnership for an affiliate activity, the customer must however register a member account on the website and accept these GTC and the data protection provisions.
(2) When registering, the customer must state his name, first name, address, telephone number and e-mail address as well as a nickname. Communication between FinTeachWorld and the customer takes place via the e-mail address provided. Up to the conclusion of the registration access the customer can correct his inputs with the usual keyboard and mouse functions directly in the appropriate input fields.
(3) If the relevant field is clicked, the customer declares that our general terms and conditions as well as the data protection regulations have been read and the customer agrees.
(4) After entering and sending the registration, the customer will receive a confirmation e-mail. The member account is available to the customer on the platform if he calls up the Internet address stated in the confirmation e-mail.
(5) Registration is only permitted for persons with unlimited legal capacity. Minors may not register. Each customer may have only one access; a transfer of the access is not possible.
(6) The data requested during registration must be complete and correct. If the data provided changes subsequently, the customer is obliged to correct the data immediately.
(7) The customers are obliged to keep their password secret and to secure their access to the platform. Every customer is basically liable for all activities that are carried out using his access and exempts FinTeachWorld from any claims for damages by third parties, unless the customer is not responsible for the misuse. Every customer is obliged to inform FinTeachWorld immediately if there are indications that his access has been misused and to change his password.
(8) The member account may not be transferred to third parties. Contact data of other customers who have become known through the use of the platform may only be used for contractual communication.
§ 7 Rights of use
(1) The customer does not acquire ownership of digital content. FinTeachWorld grants the customer a simple, non-exclusive, non-transferable right (hereinafter referred to as “license”) to use the products described in these GTC and any associated documentation as intended during the term of the contract.
(2) The customer is prohibited from changing or translating the software or creating works derived from the software without the prior written consent of FinTeachWorld. The customer is not entitled to reverse engineer, decompile or disassemble the software or otherwise attempt to make the source code of the software accessible. A claim to the surrender of the source code is excluded.
§ 10 Right of revocation for consumers
Cancellation policy for the delivery of digital content
If the customer is a consumer, he has the following right of withdrawal:
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (FinTeachWorld GmbH & Co. KG, Treppendorf 44, 96142 Hollfeld, Germany, telephone: +491792067116, e-mail: info@finteachworld.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For such refund we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund.
Cancellation policy for the provision of services
If the customer is a consumer, he has the following right of withdrawal:
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (FinTeachWorld GmbH & Co. KG, Treppendorf 44, 96142 Hollfeld, Germany, telephone: +491792067116, e-mail: info@finteachworld.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Service be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of the Contract in relation to the total scope of the Service provided for in the Contract.
End of the cancellation policy
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
-To FinTeachWorld GmbH (FinTeachWorld GmbH & Co. KG, Treppendorf 44, 96142 Hollfeld, Germany, Phone: +491792067116, E-Mail: info@finteachworld.com)
-I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following services (*)
-Ordered on (*)/received on (*)
-Consumer(s) name(s)
-address of the consumer(s)
-Signature of the consumer(s) (only for paper communication)
-Date
(*) Delete as appropriate.
§ 11 Exclusion of the right of revocation
(1) If you wish to use our products and services immediately, it is necessary to declare the waiver of your right of withdrawal. For this purpose we provide you with a function within the framework of the ordering process.
(2) If we have provided our service in full or have only begun to provide the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of revocation if we have fulfilled the contract in full, your right of revocation shall lapse.
§ 12 Provision of digital content
(1) The digital contents shall be made available to the customer after receipt of payment. FinTeachWorld points out that a connection to the Internet must be established for each retrieval of the digital contents.
(2) FinTeachWorld may restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this. In the event of service failures due to a fault outside FinTeachWorld’s area of responsibility, the reduction is excluded. The same applies to the failure of services due to necessary operational interruptions (maintenance work).
§ 13 Community Services
(1) The customers have the possibility to create virtual groups on the online platform and to invite other users to them. The invitation can be provided with an invitation text. The invited user will be notified of the invitation by e-mail. The notification e-mail contains the person of the inviter, the name of the group, if applicable, the invitation text and a link to a platform page on which the invitation can be accepted or rejected.
(2) On the online platform, customers have the opportunity to communicate with each other via direct messages. For this purpose, a platform-internal mailbox is available to you via which messages can be sent, received and managed. In addition, there is a function on a customer’s profile page via which a message can be sent to the customer without the intermediate step of writing using the mailbox function.
(3) If a customer receives a message, he will be notified by e-mail. The notification e-mail contains the person of the sender, the title of the message, its content and a link to the platform internal mailbox, where the message can be viewed, answered, deleted, marked as spam message or managed in any other way.
(4) Since FinTeachWorld can only check the correctness of the data provided by the customer to a limited extent, the provision of false data by a customer cannot be excluded. Every customer must therefore check the identity of the contractual partner himself.
(5) The customers have the possibility to block senders whose messages they no longer wish to receive for possible reasons from receiving the messages. If another customer is blocked, his messages will not be received until the block is lifted.
§ 14 Obligations of Customers to Behave on the Platform
(1) The contributions of the customers on the platform are not checked by FinTeachWorld as a matter of principle. Should FinTeachWorld, however, gain knowledge of the fact that a customer violates these GTC or legal regulations with a contribution, the illegal contents will be removed immediately.
(2) The customer is responsible for ensuring that he has all rights with regard to the content published by him and that no third-party rights are infringed as a result. With the publication, the customer grants FinTeachWorld irrevocably and free of charge the unlimited right to use and exploit the contents provided by him on the website.
(3) In the case of an unauthorized, abusive use of the online offer of FinTeachWorld or a violation of these GTC, FinTeachWorld has the right to block the customer temporarily or permanently.
(4) FinTeachWorld can finally exclude a customer from the active use of the website even if he has given false contact data when registering, in particular a false or invalid e-mail address, if he significantly damages other customers or if there is another important reason.
§ 15 Prohibited contents
(1) Every customer is obliged not to use the offers of our website to publish contents or to transmit messages which are not published or which are not published.
(2) Should FinTeachWorld learn of a violation of the above provisions, it reserves the right to change or delete the content in question. Should third parties assert claims for damages against FinTeachWorld due to such a violation, the responsible customer shall indemnify FinTeachWorld from this.
§ 16 Newsletter Services
(1) In order to use our newsletter service, the customer must register on the data form provided on the website (www.finteachworld.com) and agree to the present General Terms and Conditions as well as the data protection regulations when registering for the first time.
(2) If the relevant field is clicked, the customer declares that he has read and agrees to the applicable GTC and data protection provisions.
(3) After entering and sending the registration information, the customer will receive a confirmation e-mail for each newsletter subscribed to. The customer only receives the subscribed newsletter when he calls up the Internet address stated in the confirmation e-mail.
(4) Registration for the newsletter subscription and the purchase of a www.finteachworld.com-Newsletters are free of charge and can be cancelled at any time via the website.
(5) The FinTeachWorld newsletter service is offered subject to availability. FinTeachWorld is entitled to discontinue its newsletter service at any time without prior notice. The newsletter service can also be provided by third parties of its own choice. There is no legal claim to the reference of the newsletter, the publications and their use.
§ 17 Warranty
(1) FinTeachWorld guarantees that the licensed product essentially fulfils the main functions and complies with the recognised rules of technology and is not afflicted with errors which cancel or reduce the value or suitability for normal or contractually stipulated use.
(2) Otherwise, the statutory warranty rights apply to all contracts between FinTeachWorld and the customer.
§ 18 Liability
(1) Despite our efforts to ensure a constant and error-free availability of our services, we cannot always guarantee this. Therefore it is possible that the accessibility of our platform or our shop is occasionally interrupted. In particular, this may be the case during the performance of maintenance work. Nevertheless, we do our best to burden our customers with such inconveniences only as briefly and rarely as possible.
(2) FinTeachWorld is liable for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(3) In cases of slight negligence FinTeachWorld is only liable in case of violation of an essential contractual obligation. An essential contractual obligation in the sense of this paragraph is an obligation whose fulfilment makes the execution of the contract possible in the first place and on whose fulfilment the contract partner may therefore regularly rely.
(4) The limitations of liability apply accordingly in favour of the employees, representatives and vicarious agents of FinTeachWorld.
§ 19 Responsibility for community and newsletter services
(1) FinTeachWorld compiles the information of the newsletter service with the greatest care, but does not guarantee the accuracy, completeness and timeliness (including to third parties).
(2) FinTeachWorld assumes no liability, warranty or responsibility for the content, completeness, reliability and correctness of messages transmitted or disseminated by customers via the Community Services.
(3) FinTeachWorld assumes no responsibility and gives no guarantee for an error-free purchase of the community or newsletter services, since FinTeachWorld has no influence on the technical conditions of the Internet and the further technical prerequisites of the community or newsletter services. FinTeachWorld also accepts no liability for faults or damage resulting from defects or the interruption of the customer’s computer or the communication channels from the customer to the FinTeachWorld server.
(4) The customer is liable for all consequences and disadvantages, which FinTeachWorld through the abusive or illegal use of the community or newsletter services or by the fact that the customer does not comply with his other essential contractual obligations.
§ 20 Exemption from liability
(1) The customer has to exempt FinTeachWorld from the liability as well as from all demands and costs, which result from the injury of property rights of third parties by the customer.
(2) With the use of White Label services, the White Label partners commit themselves to exempt FinTeachWorld with regard to the data covered by the scope of the purchased product, in particular image, text and video materials, from claims for damages of third parties.
(3) The respective White Label partner is exclusively liable for copyright infringements committed by means of or within the scope of the White Label product provided.
§ 21 System Integrity and Disruption of the Website
(1) Customers may not use any mechanisms, software or other scripts in connection with the use of the Internet site that may interfere with the functioning of the Internet site, in particular those that enable automated page views or page views to be generated.
(2) Customers may not take any measures that could result in an unreasonable or excessive load on the infrastructure.
(3) Customers may not block, overwrite or modify any content generated by FinTeachWorld or otherwise interfere with the website.
§ 22 Secrecy
(1) The customer is obligated to maintain strictest secrecy about all confidential processes, in particular business or trade secrets of FinTeachWorld, which have come to his knowledge within the scope of the preparation, execution and fulfilment of this contractual relationship, and not to pass them on or exploit them in any other way.
(2) This is valid opposite any unauthorized third, i.e. also opposite unauthorized coworkers both of the official supplier and the customer, if the passing on of information is not necessary for the proper fulfilment of the contractual obligations.
§ 23 Duration of the contract
(1) Each contract shall run for an indefinite period of time. The right to extraordinary termination shall remain unaffected for both contracting parties.
(2) The contract period of the White Label services amounts to 12 months and extends automatically on indefinite time and can be terminated with a period of three months to the end of the month in writing.
(3) One week before completion the customer receives an e-mail with the reference that the contractual relationship expires in 7 days.
§ 24 Online settlement of disputes
(1) The European Commission shall provide a platform for online dispute resolution (OS). The platform can be accessed by the customer at: ec.europa.eu/consumers/odr/ .
(2) We are not prepared or obliged to participate in a dispute settlement procedure.
§ 25 Final provisions
(1) FinTeachWorld reserves the right to change these GTC at any time and without stating reasons. If FinTeachWorld changes the present GTC, FinTeachWorld will inform the customer in good time of the change to the GTC applicable to him. The change shall be deemed approved by the customer if he does not object to the change or terminate the newsletter service within one month of receipt of the announcement.
(2) The customer can only offset or assert a right of retention against claims of FinTeachWorld if his counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the respective claim concerned. The customer is not entitled to assign claims from the contractual relationship to third parties without our consent.
(3) The place of performance for all claims arising from the contractual relationship is Hollfeld if the customer is an entrepreneur.
(4) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hollfeld, provided that the customer is a merchant or has no general place of jurisdiction in Germany or in another EU member state, has moved his permanent place of residence abroad after these General Terms and Conditions come into effect or his place of residence or usual place of abode is not known at the time the action is filed.
(5) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Hollfeld, 25.03.2019
