Welcome to lawpilots. We are your contact for practical and modern online training courses. We qualify your employees in accordance with current and future law and teach data protection, compliance and IT security. We guarantee professional expertise and a high degree of topicality.
This also applies to our General Terms and Conditions. The integration of General Terms and Conditions is a matter of trust and your trust is important to us. We respect you as our partners. The clear formulation and balanced construction of our General Terms and Conditions are therefore of primary importance to us.
Our General Terms and Conditions inform you how you can participate in our online training courses and which rules apply.
1. Scope, general information
1.1. These General Terms and Conditions (“GTC”) apply to participation in our online training courses and the use of our platform. We are lawpilots (LawPilots GmbH, Am Hamburger Bahnhof 4, 10557 Berlin, Germany, telephone: +49-30-213002880, email: [email protected]). You can find further information about us in our legal notice.
1.2. Our General Terms and Conditions inform you how you can participate in our online training courses or utilize our offer and which rules apply for this. Our offer is oriented exclusively at natural persons or legal entities participating in online training courses in the exercise of their commercial or self-employed professional activity (“contractors”) and in particular not at natural persons who participate in it for predominantly private, non-commercial or professional purposes (“consumers”). Consumers may not participate in our online training courses.
1.3. Should you wish to use our offer for your employees, you shall be obligated to inform your employees about the content and scope of these GTC and to ensure that they comply with our GTC.
2. Subject of the contract, conclusion of contract
2.1. We offer practical and modern online training courses on the subjects of data protection, compliance and IT security. The precise particulars and details of the content, scope and sequence of our online training courses can be found in the respective descriptions and information about our online training courses.
2.2. You may book our online training courses for the desired number of participants via our booking portal or by making direct contact with our sales team.
Bookings made via the booking portal are done by selecting the appropriate online training course and the number of participants as well as by entering the necessary information (e.g. about you or your company, your payment details) in the input boxes and by clicking on the “Book now” button at the end of the booking process. Once you have made your booking, you will receive a booking confirmation from us. This will specify the details of your booking and the access or retrieval data for the online training course covered by the contract. It also confirms that a contract has been concluded.
Bookings made via direct contact with our sales team are concluded via your offer confirmation. Following your booking and receipt of the payment, we will send you the access or retrieval data for the online training course covered by the contract.
2.3. In addition, we also offer you the option of integrating our online training courses on your own learning platforms. Bookings that include an individually agreed or specific duration have the respective agreed term and shall be extended by the duration of the respective term if they are not terminated in writing at least four weeks prior to the end of the respective term. Optional services may be booked via individual correspondence with us.
2.4. In addition, we offer you an optional cooperation, by means of which you may distribute our courses as a white-label solution yourself. Should you be interested in this optional service, please contact us individually.
2.5. We reserve the right to refuse or only partially accept your booking without giving reasons. A claim to a specific booking of an online training course shall not exist, unless expressly stated to the contrary. In addition, we reserve the right to temporarily or permanently withhold certain online training courses. A claim to a specific availability of an online training course shall not exist, unless expressly stated to the contrary.
3. Prices, terms of payment
3.1. The prices stated in the description of the online training courses or other services shall apply. Payment may be made using the payment methods specified in each case. We reserve the right to exclude certain payment methods in individual cases. Should payment against invoice be offered, we reserve the right to undertake individual credit checks.
3.2. Our claims become due upon receipt of the invoice and shall be payable without deduction within 14 days if they are not collected directly. Payment shall only be deemed to have been made when we have full control over the payment amount. Should a payment for which you are responsible be refused, we shall be entitled to issue an invoice for any additional costs, expenses or other claims resulting from the default in payment.
3.3. The offsetting of claims against lawpilots shall be excluded, unless the counterclaim is established as undisputed or legally binding.
4. Rights of use
4.1. Our online training courses and parts thereof are subject to industrial property rights and are, among other things, protected by copyright. The rights of use and exploitation belong exclusively to lawpilots and we reserve all relevant rights which are not expressly granted to you.
4.2. In order that you may participate in our online training courses or integrate and distribute them in accordance with your individual booking, we shall grant you a simple, transferable right to use the contractual online training courses exclusively for the respective booking, limited to the participants specifically booked or approved for distribution. This shall be exclusively within the scope of our General Terms and Conditions. In particular, you shall not be entitled to make the online training courses or parts thereof available to unauthorized third parties, to make them publicly accessible, to edit them (particularly not to remove, disguise or block out brands relating to us or our partners), or to use or exploit them in ways other than those agreed upon. The right of use expires – depending on the booking – upon expiry or consumption of the online training courses covered by the contract or after one year, should no other contract term have been agreed upon.
4.3. Insofar as we incorporate existing online training courses from you on our platform for individual bookings, you shall grant us a simple, free right to (a) publish, host, store, duplicate, distribute, make publicly accessible this content and, insofar as this is necessary for integration, (b) to edit or (c) sub-license this content to third parties, exclusively for the booked incorporation. Naturally, you shall otherwise retain your rights to the content for which you are solely responsible. We shall not take ownership of it, nor shall we be obliged to verify it in any way whatsoever. In particular, you are obliged to observe and comply with all applicable statutes and other legal provisions and, in particular, not to incorporate any content that infringes the rights of third parties (including but not limited to copyright, trademark, personal rights and industrial property rights of third parties) or which are unlawful, misleading, malicious, discriminatory, pornographic, sexist, threatening, offensive, libelous, obscene, defamatory, ethically offensive, which glorify violence, are harassing, unsuitable for minors, racist, immoral, inciting, xenophobic or otherwise abhorrent or reprehensible or contain viruses, worms, Trojans or other malicious malware that may endanger or impair the functionality of our platforms. We shall be entitled at any time to temporarily or permanently delete or remove content that is unlawful or violates our GTC without prior notice and without giving reasons.
4.4. Should you violate the aforementioned provision, you shall indemnify us against all justified claims of third parties for such a violation. We reserve the right to undertake our own suitable measures to avert third-party claims, as well as to claim damages, including reasonable costs incurred by us in this connection, insofar as these are not reimbursed by third parties (e.g. legal protection insurance), and to assert other justified claims of our own against you.
5. Liability and warranty
5.1. We make no representations or warranties of any kind that the results you expect to achieve by completing our online training courses shall actually occur. In particular, we do not owe any specific success, results or other conclusion you intended to achieve. In particular, our online training courses do not represent any individual legal counseling or legal arrangement. We therefore expressly draw your attention to the fact that you yourself are responsible for implementing any content you may have learned and, if necessary, for undertaking your own legal assessment.
5.2. We shall not be liable for damages outside our area of responsibility or those that are attributable to the improper use of our online training courses. Irrespective of the legal grounds, we shall only be liable for damages caused intentionally or through gross negligence or insofar as the damages are culpably caused by us in connection with injury to life, body or health, or in the event of culpable violation of a material contractual primary or cardinal obligation, fulfillment of which actually makes the proper performance of the contract possible, violation of which endangers achievement of the purpose of the contract or the observance of which you may regularly rely on. Should this be the case, our liability shall be limited to the foreseeable losses typical of the contract. Any further liability on our part shall be excluded. Liability under the German Product Liability Act shall remain unaffected by these GTC.
6. Data protection and other provisions
6.1. Fulfilling the contract on the part of lawpilots shall involve the processing of personal data belonging to the course participants. For this purpose, the data processing agreement available at www.lawpilots.com/dpaen shall enter into force between lawpilots and the Customer upon conclusion of the contract. The Customer shall reserve the right to submit a data processing agreement which deviates from this prior to conclusion of the contract, which shall then constitute the basis for the protection of personal data processing, insofar as the replacement agreement complies with the requirements of Art. 28 of the GDPR and is accepted by lawpilots.
6.2. lawpilots shall be entitled to use the name and logo of the Customer for reference purposes, for example on its own website or in customer presentations.
6.3. You have an independent responsibility to fulfil the (specified) minimum technical requirements (e.g. installed program for downloading common video players, stable broadband Internet connection) for participation in our online training courses.
6.4. We shall endeavor to provide our online training courses as lastingly as possible without interruptions. However, this may not be possible for technical reasons. We therefore do not guarantee the uninterrupted provision or a certain availability of our online training courses. In particular, it may be that we have to restrict access to the courses or to certain functions, either wholly or in part, temporarily or permanently. Furthermore, there shall be no basis for claims requiring that we permanently maintain individual functions; in particular, we may adapt, alter or discontinue these at any time.
6.5. Our GTC shall be governed exclusively by the law of the Federal Republic of Germany excluding the law of conflicts and the UN Convention on Contracts for the International Sale of Goods (CISG). Berlin shall be the sole place of jurisdiction for disputes arising from these GTC.
© LawPilots GmbH – v1.5 – Issue: August 2018