European Business Management School

Terms and Conditions

1. Introduction

Welcome to the European Business Management School (EBMS)! The European Business Management School (hereinafter referred to as “provider” or “EBMS”) is the an online learning platform (hereinafter referred to as “the platform”) under the internet domain https://www.ebmschool.com. You can use our platform to improve your professional skills and knowledge by enrolling in our affordable online courses. The EBMS is available over your internet browser.

With your registration with the EBMS you (hereinafter referred to as “user”, “customer” or “participant”) agree to these general terms and conditions of business (hereinafter referred to as “T&C”). By completing the registration you enter into a valid contract with the provider. Please read these T&C carefully, as they make up the legal framework applying to the use of the EBMS.

The EBMS offers no cost-free courses. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However, they are not charged without explicit warning to the user. The EBMS exclusively addresses private individuals or final consumers, so that only they may be registered.

2. Scope, Definitions

The T&C apply to all users of the EBMS. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if drawn up in writing. The T&C apply to all services provided by the EBMS.

3. Privacy Policy

Please take a look at the details on our data protection and privacy policy page.

4. Registration and Conclusion of the Contract

4.1    Courses are enrolled in and purchased by:

• Creating a free user account by clicking on “Register” and entering your personal data
• Selecting the desired course and enrolling by putting it in your shopping cart
• Mandatory dispatch of the order by purchasing it

Thus, the participant makes a binding offer to use the selected services provided by the provider.

4.2    The qualifying contract to use the services provided by the provider is valid when receiving the confirmation email. This email contains the information of the user account and credentials as well as a link to the purchased course via which the user can log in and start taking the course. The customer must immediately inform any shortcomings and mistakes of the services.

4.3    The Provider reserves the right to not accept a purchase and/or enrollment without giving reasons. If the provider does not accept a purchase and/or enrollment, this will be communicated to the affected users immediately by email. Purchases and/or enrollments are limited to the specific course offering and do not entitle you to other courses.

4.4    Contractual partner of the participant:
Sauer, Kevin; Leps, Olof GbR
Putbusser Str. 17
13355 Berlin
Germany

4.5    The use of all these services is a matter reserved to the participant. A transfer of the credentials, the access or the content is expressly prohibited.

4.6    The provider reserves the right to not accept “vouchers”, “discount coupons”, “free access codes” and/or similar advantages without giving reasons. If the provider does not accept a purchase and/or enrollment, this will be communicated to the affected users immediately by email. Purchases and/or enrollments are limited to the specific course offering and do not entitle you to other courses.

5. Prices and Services

5.1    The costs of a course are specified in the course descriptions. Prices include VAT and are final unless §19 UStG (German Value Added Tax Act) for small business rule is used. A partial use of an online course does not grant a reduction of fees.

5.2    The prices include the use of the course portal, viewing of the course content, taking the course exams, and receiving a digital course certificate (PDF-file). If applicable, a programs certificate is included in the price and can be downloaded upon completion of all required courses.

6. Payment Methods

6.1   Usage fees for services are payable in advance.

6.2   The user may effect payment by using one of the payment methods specified such as a credit card or PayPal.

6.3   Billing takes place digitally, a paper billing will not occur. With the conclusion of the contract, the user will receive a conformation via email. The invoice is sent to the email that was typed in as part of the online registration form or the account used in the payment service.

7. User’s (Consumer’s) Right of Cancellation

7.1 Cancellation Right

You have the right to cancel this contract within 14 days without giving any reason. To exercise your right to cancel, you must inform us with a clear declaration (e.g. with a letter sent by post, telefax or e-mail) about your decision to cancel this contract. 

The cancellation period begins with the conclusion of the contract (i.e. the purchase of a course) and not prior to us providing the mandatory information according to Art. 246 § 2 in connection with § 1 subparagraph 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as according to § 312g subparagraph 1 sentence 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB.

In order to observe the cancellation period, it is sufficient to send the cancellation during the cancellation period. The cancellation shall be sent to

by email: [email protected]
by mail:
Sauer, Kevin; Leps, Olof GbR
Putbusser Str. 17
13355 Berlin
Germany

7.2 Consequences of Cancellation

In the case of a valid cancellation the benefits exchanged between the parties have to be returned and possible utilizations (including interests) are to be handed over.

If you are unable to return the benefits and utilizations (e.g. any benefits of use) or if you can only return those in part or only in a degraded state, you will have to indemnify us. This may result in you having to pay the contractual payment for the period until your cancellation or appropriate compensation. Obligations to return any payments are to be fulfilled within 14 days. The period begins for you with sending the cancellation and for us with its receipt.

7.3 Special Advice

Your cancellation right ends earlier when the contract has been fulfilled completely at your express request, prior to you exercising your cancellation right.

8. Rules of Use and Liability of the User

8.1      The user is obliged to make truthful information when registering. The user account on https://www.ebmschool.com applies only to the respective user and is not transferable. Username and password (login), identify the user and may be used only by the user. The user is responsible for ensuring that third parties having no knowledge of his password. The provider reserves the right to terminate the user’s account in case of suspicion of misuse or may cancel the access to the portal.

8.2      The User is responsible for all acts of the user account. The Provider reserves the right, if necessary, to claim the revenue loss caused by the damage.

9. Content and Accessibility of the Online Learning Platform and Liability

9.1    The provider strives to ensure that the portal functions properly at all times. However, the provider does not guarantee uninterrupted access.

9.2    For providing its service, the provider uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by the provider, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate JavaScript able cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by the provider.

9.3    Claims for damage on the part of the user are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of the provider, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.

9.4    In the event of infringement of essential contractual obligations, the provider shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the user arising from death or injury to body or health.

9.5    The restrictions as set forth under paragraphs 3 and 4 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted against them directly.

10. Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names

10.1    Unless the content is expressly labeled as creative commons all texts, images and other works created by the provider and distributed within the context of the online learning platform are protected by copyright. Any use outside of the online learning platform requires the prior approval of the provider.

10.2    The content, the trademarks and logos are owned or licensed by the provider, subject to copyright and other intellectual property rights under the law.

10.3    The user agrees

• not to modify any part of the platform, except with the express and prior written consent of the provider;
• not to collect or make any use of any course listings, descriptions or prices; not to resell or make any commercial use of the platform or its contents; not to reproduce, duplicate, copy, sell, resell or otherwise exploit the platform for any commercial purpose without express written consent of the provider; not to use any meta tags or any other “hidden tag” utilizing the providers name or any trademarks without the express written consent of the provider.

10.4    The user agrees not to circumvent, disable or otherwise interfere with security-related features of the websites of the provider that prevent or restrict use or copying of any content or enforce limitations on the platform’s use.

10.5    The user agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the platform in a manner that sends more request messages to the platform and/or the providers websites or servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the provider grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The provider reserves the right to revoke these exceptions either generally or in specific cases. The user agrees not to collect or harvest any personally identifiable information, including account names, from the platform. The user agrees not to solicit, for commercial purposes, any platform users with respect to their content. In all use of the platform and all associated services and websites, the user agrees to comply with all applicable laws and regulations.

11. Final Provisions

11.1   Agreements between the provider and the user shall be subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

11.2   The Parties agree to exclude those provisions of the German international civil law that may cause the exclusive application of any other jurisdiction.

11.3   Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.

11.4   The provider reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by the provider, changes of the EBMS or upon legal changes or changes due to technical requirements. This includes the provider offering new services. The modified T&C shall be sent to the user in advance by email. If the user does not object to the modified T&C within a period of six weeks, they are deemed to be accepted. If the user objects, the provider may close the user’s account and receive a refund for any the rest of the respective term. The provider shall separately point out these legal consequences in the email with the modified T&C.

Sauer, Kevin; Leps, Olof GbR
Putbusser Str. 17
13355 Berlin
Germany
28/08/2022