GBTEC Learning Hub

Terms of Service – GBTEC Academy

as amended: April 25, 2022

The following terms and conditions govern your account and use of services with the e-learning platform of the GBTEC Group (hereinafter referred to as “Services”, the e-learning platform of GBTEC referred to as “GBTEC Academy”).

By signing up for GBTEC Academy or using the GBTEC website you are agreeing to be bound by the following terms and conditions (“Terms of Service”). 

Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. GBTEC reserves the right to update and change the Terms of Service by posting updates and changes to the GBTEC website and notifying you in an appropriate manner. We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you. Insofar as we do not receive any objection to such changes to the Terms of Service within six weeks of such notification you shall be deemed as having accepted the changes and to have agreed to such new version of the Terms of Service.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, as well as GBTEC’s Privacy Policy, Cookies Policy and, if applicable, Data Processing Addendum (“DPA”), incorporated herein by reference, before you use the Services or create an account (“Account”).

1. Account Terms

You agree to the following terms relating to your account:

• You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services or have such authorization from your parents,  guardian or employer as the Account Owner.
• You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
• You are responsible for ensuring that your registration information is true, accurate and complete.
• You acknowledge that GBTEC will use the email address you provide as the primary method for communication.
• You are responsible for keeping your password secure. GBTEC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• Account data may not be passed on.
• The use of e-learning courses together with third parties who have not purchased paid e-learning is not permitted.
• A breach or violation of any term in the Terms of Service, as determined in the sole discretion of GBTEC, will result in an immediate termination of your Services.
  
  

2. Account Activation

• Subject to section 2.1, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
• If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
• Handling of personal data in case of inactivity: GBTEC checks and deletes user accounts every 2 years, provided that the user of the account has been inactive for at least 12 months.

3. General Conditions of Use

The following general conditions apply to your use of the Services:

• Technical support is only provided to paying account owners and is only available via email: [email protected]
• Only one contact person within a customer company shall be entitled to contact the technical support.
• You will receive information about our products and Services in the form of newsletters. For this purpose, the relevant contact data is stored in our CRM system.
• besides paid courses, free e-learning courses may be available on our platform.
• The provision of free training courses is associated with a high economic effort. Therefore, your consideration for enrolling in such free training courses will be to provide the following data along with your consent regarding their sales-related, advertising, and statistical use by us: 
  •  First name 
  •  Last name
  •  E-mail address
• You are responsible for the conduct on your account.
• You must ensure that you do not:
  • use the Services for any illegal or unauthorized purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of Germany;
  • reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
  • misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
  • circumvent or attempt to circumvent any limitations imposed on your account;
  • probe, scan, or test the vulnerability of any GBTEC system or network, unless we have given you prior written authorization;
  • decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
  • transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
  • use the Services to infringe the Intellectual Property Rights of others, or to commit any unlawful activity;
  • attempt to circumvent any license, timing or use restrictions that are built into the Services; or
  • lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization
• Questions about the Terms of Service should be sent to [email protected].
• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
• We do not knowingly provide Services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the prior permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website without the above permission. If we learn we have collected or received personal information from a child under the age of 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].

4. GBTEC Academy Rights

The following are GBTEC’s rights regarding the Services and these Terms of Service:

• We reserve the right to modify or terminate the Services for any reason, without notice at any time.
• We reserve the right to refuse our Services to anyone for any reason at any time.
• We may, but have no obligation to, remove content or suspend an Account Owner’s access to the Services if they share or otherwise make available content containing material that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any GBTEC customer, GBTEC employee, member, or officer will result in immediate Account termination.
• In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

• GBTEC retains the right to determine, in our sole judgment, rightful account ownership and to transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, GBTEC reserves the right to temporarily disable an Account until the matter is resolved between the disputing parties.

5. Limitation of Liability

• GBTEC has unlimited liability for losses arising from injury to life, physical injury or injury to health which are based on a breach of duty by GBTEC, a legal representative or agent of GBTEC AG and for losses caused by the absence of a quality guaranteed by GBTEC, or in the event of fraudulent conduct by GBTEC, its legal representatives or agents. In addition, GBTEC has unlimited liability for losses caused by GBTEC or one of its legal representatives or agents through wilful intent or gross negligence. 
• In the event of a simply negligent material breach of contractual obligations, GBTEC shall be liable only, except in the case stated in the previous paragraph, limited to the amount of foreseeable losses typical in such contractual cases. Material breach can only occur with respect to contractual obligations which are essential to the fulfilment or the proper execution of the contract and on the compliance with which the contractual partner may rely. In all other respects, the liability of GBTEC is excluded. Liability under the Product Liability Law remains unaffected.

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT GBTEC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
• IN NO EVENT SHALL GBTEC OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, GBTEC PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
• Your use of the Services is at your sole risk. The Services are provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. No guarantee is given for the correctness and completeness of the information contained on the website. 
• References and links to third-party websites do not mean that GBTEC adopts the content behind the reference or link as its own. The content does not constitute any responsibility on the part of GBTEC for the data and information provided there. GBTEC has no influence on the content behind the link. GBTEC is therefore not liable for illegal, incorrect or incomplete content or for damage caused by the use of content behind the link.
• GBTEC does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
• GBTEC does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
• GBTEC does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
• The use of the internet is at the user's own risk. In particular, GBTEC shall not be liable for the technical failure of the internet or access to the internet.
  
  

6. Complete Agreement

The validity of other existing contracts with you as a customer of GBTEC remains unaffected by these Terms of Service.

7. Intellectual Property and Customer Content

If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your confidential information or any information that is related to your account (including content and personal information) if such retention is necessary to meet our legal and compliance obligations.

8. GBTEC Academy Payments

• Generally payment of fee-based courses shall be executed via PayPal (please refer to their terms of use). Please note: Payment via PayPal can only be provided in the currency USD.
• If a customer/ Account Owner prefers payment in EUR, AUD or CHF, they may request GBTEC to issue an offer for specific Services in such alternative currency. In this case, payments may be effected by bank transfer.  Upon payment, GBTEC will provide the customer/ Account Owner with a coupon or coupon code for the activation of the Services.
  
  

9. Cancellation and Termination

• You may cancel your Account at any time by emailing [email protected] and then following the specific instructions indicated to you in GBTEC’s response. Once cancellation is confirmed, all your content will be immediately deleted from the Services. Since deletion of all data is final, please be sure that you do, in fact, want to cancel your Account before doing so. If you request that your content is deleted, GBTEC will not be held responsible for any loss of data. We may retain a copy if necessary to meet our legal and compliance obligations.
• We reserve the right to modify or terminate the Services for any reason, without notice at any time.
• Without limiting any other remedies, GBTEC may prevent you from creating an Account or suspend or terminate any Account that you create if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.

10. Modifications to the Services and Prices

• Prices for GBTEC Academy courses provided at one time are non-binding. Prices can be adjusted at any time on the GBTEC Academy website.
• GBTEC reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
• GBTEC shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

11. Copyright

• General Policy
  It is GBTEC’s policy to (a) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue Services to repeat offenders.

• Copyright Infringement
  1. The copyright to the content uploaded to GBTEC Academy belongs to GBTEC or third parties and may only be used by the registered person for their own further education.
  2. It is therefore not permitted to download, reproduce and/or distribute the website in its entirety or individual parts thereof. You are not entitled to make changes to the Services, to examine or decompile their functionality by way of so-called reverse engineering, to disassemble them into their component parts and/or use them as the basis for the creation of your own software programs.
  3. Videos and documents have copyrights and may not be reproduced or otherwise published.
  4. If data/documents etc. can be downloaded from the e-learning platform, they serve exclusively as a personal reference work and may not be passed on or used for future, company-owned training (e.g., Train-the-Trainer concept).
  5. Any copyright notices, marks or trademarks may not be removed. 
  6. For the term of the contract, GBTEC grants the customer the simple, non-exclusive, non-sublicensable, non-transferable right, limited to the agreed duration, to use the Services supplied by GBTEC only in accordance with these Terms of Service and any other specification provided by GBTEC to you.
     
     
• Designated Agent to Receive Notification of Claimed Infringement
  
  

Please contact GBTEC’s support team to submit a notification of claimed infringement at the following address:

name: GBTEC Software AG
email: [email protected]
postal address: Gesundheitscampus-Süd 23, 44801 Bochum, Germany
 

12. Final Terms

• The present contractual relationship is governed solely by the law of the Federal Republic of Germany. The UN Sales Convention – CISG – does not apply. Where the contracting party (i.e. the Account Owner) of GBTEC Software AG is a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from this contract, its execution, and the validity of the contract, shall be Bochum (Germany). GBTEC Software AG is also entitled to sue the customer at any other jurisdiction provided for by the applicable law.
• In the event that the user is a consumer (not an entrepreneur), reference is made in accordance with Article 14 of Regulation (EU) No. 524/2013 - ODR Regulation to the possibility of out-of-court dispute resolution. Details on this can be found in the aforementioned regulation and at http://ec.europa.eu/consumers/odr.
• In the event that individual provisions of these Terms of Service are invalid, the validity of the remaining provisions shall remain unaffected.
  
  

GBTEC Group (represented by GBTEC Software AG)