1. subject matter and definition
(1) The following Terms and Conditions (T&C) of Data Analysis Tools apply to the performance of the training and education services offered by Data Analysis Tools. All services within the scope of corresponding courses are based on these “Terms and Conditions” and regulate the relationships between a participant of the online courses, hereinafter the “Customer”, and Data Analysis Tools – i.e. the “Provider” of the training events. Our T&C apply exclusively; we do not recognize any terms and conditions of the Customer that conflict with or deviate from our T&C, unless Data Analysis Tools has expressly agreed to their applicability in writing. Our Terms and Conditions shall also apply if we perform the service for the client without reservation in the knowledge of terms and conditions of the client that conflict with or deviate from our terms and conditions.
(2) Data Analysis Tools has the right to amend these T&C at any time and, in particular, to adapt them to changed legal or economic conditions. The changes will be communicated to you, the client, and will take effect with the subsequent order/booking. If you do not accept the changes, booked/ordered courses can no longer be used. Regardless of this, the T&C will be made available on the website or can be accessed via the training environment provided.
(3) The course offering as defined in paragraph 1 includes the course portfolio provided by Data Analysis Tools at the URL: https://dataanalysistools.de/courses/, accessible via the official website, as well as the listing in the issued product brochures and catalogs. This course portfolio is updated on an ongoing basis. We reserve the right to make content and methodological adjustments or modifications to our courses, as long as these do not significantly change the topic and overall character of the order in question. The course offering remains valid if the course content or implementation has been changed or customized in consultation with or according to the Customer’s wishes.
2. Conclusion of contract, registration
(1) A non-registered Customer must sign up to purchase and access online Courses.
(2) A registered Customer can purchase a Course by selecting the corresponding Course (item) at the URL: https://dataanalysistools.de/courses/. Subsequently clicking on Buy Now will direct the Customer to the online Application form of that Course where the Customer can complete the purchase by clicking on Place Order (with this the Customer automatically accepts the T&C).
(3) A conﬁrmation e-mail is sent to the e-mail address speciﬁed by the Customer after the Application form has been received by Data Analysis Tools.
(4) Accepting the Application form means that a Booking has been made for the Customer to participate in the indicated training once the participation fees have been paid in full.
3. Conclusion of contract, payment
(1) The subject matter of the contract is the course and education services provided by Data Analysis Tools as well as learning and training formats derived therefrom or related thereto as well as special product and discount promotions.
(2) A binding contract is concluded with Data Analysis Tools when Data Analysis Tools confirms the order in writing.
(3) After confirmation of the order, Data Analysis Tools will issue an invoice; the prices shown on the invoice are in euros and do not include the applicable value added tax shown.
(4) You shall pay the invoice price, free of expenses, and without any deductions immediately and in each case in advance, but after receipt of the invoice. In individual cases, the invoice price may differ from the usual prices if a separate agreement has been concluded between you and Data Analysis Tools in the course of concluding the contract.
(5) The outstanding invoice amount, according to paragraph 3 and 4, is due 14 days before the start of the course.
(6) All bank charges or other costs connected with the payment processing are on the applicant’s responsibility.
4. Term of the contract
By purchasing a course, the Customer enters into an individual contract with Data Analysis Tools. This contract ends automatically at the end of the service provision, whereby this is primarily based on the stated start and end date of the course.
Data Analysis Tools reserves the right to cancel a course for organizational or technical reasons (e.g., if the minimum number of participants, which depends on the type of course, is not reached or if technologies used are changed, etc.). In the event of a cancellation by us, we will attempt to rebook you on another course if you agree. Otherwise, you will receive your paid fees back; any further claims shall be excluded.
6. Right of withdrawal
(1) If you are a consumer, you are entitled to a right of withdrawal in accordance with statutory provisions.
(2) The regulations apply to the right of withdrawal, which are reproduced in detail in the following withdrawal policy: You have the right to withdraw a contract concluded with Data Analysis Tools within 14 days without giving any reasons. The withdrawal period is 14 days from the day of the conclusion of the contract.
(3) In order to exercise your right of withdrawal, you must inform us (Data Analysis Tools, Hauptstr. 39, 77728 Oppenau, email: email@example.com) of your decision to withdraw from this contract by means of a clear statement (e.g. an email or letter sent by post). If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of such withdrawal.
To uphold the withdrawal period, it is sufficient for you to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
(4) Consequences of withdrawal: If you withdraw this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
We would like to point out that the right of withdrawal expires if we have started the execution of the contract after you as a Customer
- have expressly agreed that we begin with the execution of the contract before the expiry of the withdrawal period, and
- have confirmed your knowledge of the fact that you lose your right of withdrawal through your consent with the start of the execution of the contract.
(5) Upon termination of the contractual relationship, Data Analysis Tools is entitled to immediately block access to the training environment and the respective course or to delete the account. All claims on the part of Data Analysis Tools regarding outstanding payments remain intact.
7. Performance, access to the course offering, technical requirements
(1) Upon receipt of the registration confirmation and upon payment of the fee, customers will receive access authorization for the duration of the agreed usage period to view the content of the digital media on a digital device such as a PC or laptop and to use it within the usage period.
(2) The course offering is generally available 24 hours a day (hereinafter “Operating Hours”). Excluded from the Operating Hours are the times during which data backup work is performed and system maintenance or program maintenance work or work on the system or database is carried out. Data Analysis Tools is entitled, to the extent necessary in the interest of the Users, to perform such work during the Operating Hours. This may result in disruptions to data retrieval, which Data Analysis Tools shall keep to a minimum.
(3) Statements and explanations regarding the courses in advertising materials as well as on Data Analysis Tools’ website and in the documentation shall be understood exclusively as a description of the nature and not as a warranty or assurance of a feature.
(4) The Customer is solely responsible for the technical requirements and the costs incurred for this purpose for access to the products. This applies in particular to the hardware and operating system software used, the connection to the internet including ensuring the connection speed, the current browser software and the acceptance of cookies transmitted by Data Analysis Tools’ website. Data Analysis Tools will inform the Customer on request about the browser to be used in each case. In the event of further development of the software platform and other technical components of the system by Data Analysis Tools, it shall be the responsibility of the Customer, after being informed by Data Analysis Tools, to independently take the necessary adaptation measures for the software and hardware used by the Customer.
(1) The Customer shall immediately notify Data Analysis Tools in writing of any defects, malfunctions or damage occurring, at least by e-mail (firstname.lastname@example.org).
(2) Data Analysis Tools warrants that the products offered do not interfere with third party property rights or copyrights or do not cause damage to third parties.
(3) The statutory liability for defects shall apply.
(1) The content and works on these pages created or used by the site operators are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such.
(2) The Customer does not receive any ownership or exploitation rights to the content or programs provided. Trademarks, company logos, other marks or protective notices, copyright notices, serial numbers as well as other features serving to identify Data Analysis Tools or the party granting the right of use or individual elements thereof may not be removed or changed.
(3) If a Customer becomes aware of a copyright infringement, we request that the Customer notify us accordingly. If we become aware of any infringement, we will remove such content immediately.
(4) In the event that Data Analysis Tools becomes aware of a copyright infringement, we will investigate and pursue legal action.
(5) Data Analysis Tools warrants that the products offered do not infringe upon the intellectual property rights or copyrights of third parties or cause damage to third parties.
10. Data protection
(1) The nature of the Services offered by the Provider means the Provider will obtain, use, and disclose, hereinafter Use, certain information about the Customer, hereinafter Data. This statement sets out the principles governing the Provider’s Use of Data. By filling in the Course Application form, the Customer agrees to this Use.
(2) When registering for one of the Provider’s courses, the Customer provides certain Data, such as their contact details, demographic information, invoice details etc. The Provider will store this Data and use it to contact the Customer, provide them with details for the course, issue their invoice, and otherwise, as required for the smooth provision of the course.
(3) The Provider will retain the Customer’s Data only for as long as necessary for the purposes set out in these T&C. The Provider will retain and use the Customer’s Personal Data to the extent required to comply with legal obligations, resolve disputes and enforce legal agreements and policies.
(4) The Provider will also retain the Customer’s Data for internal analysis purposes. Generally, the Use of Data is retained for a shorter period of time, except when the Data is used to strengthen the Provider’s security or improve the functionality of the Services, or if the Provider is legally obligated to retain this data for a longer period.
(5) To constantly monitor and improve the offered Services, the Provider gathers certain aggregated information about the Customer, including details of their operating system, browser version, domain name, IP address, the URL they came from and the pages of the Website they visit.
(6) The Customer’s information, including Personal Data, may be transferred to and maintained on computers outside the Customer’s state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of the Customer’s jurisdiction. If the Customer is located outside Latvia, all relevant Data, including Personal Data, will be transferred and processed in Latvia.
(7) The Provider may also use the above Data and any other similar Data the Customer may provide in response to surveys or to aggregate user profiles and provide them with communications.
(8) The Provider will take all the essential steps to ensure that the Customer’s Data is treated securely and in accordance with these Terms and Conditions and that no transfer of the Customer’s Data to any third party will take place unless there are adequate controls in place, including the security of the Data and other personal information.
(9) Under certain circumstances, the Provider may disclose the Customer’s Personal Data if required by law or in response to valid requests by public authorities. The Provider may disclose the Customer’s Personal Data if such action is necessary to:
9.1. Comply with a legal obligation.
9.2. Protect and defend the rights or property of the Provider.
9.3. Provide or investigate possible wrongdoing in connection with the Services.
9.4. Protect the personal safety of users of the Services or the public.
9.5. Protect against legal liability.
(10) The Website may include links to third-party websites. The Provider is not responsible for their data policies or procedures of their content.
(11) The Provider endeavors to take all reasonable steps to protect the Customer’s Data but cannot guarantee the security of any Data the Customer discloses. The Customer accepts the inherent security implications of being and transacting online and will not hold the Provider responsible for any security breach.
(12) The Provider may supplement the Data the Customer provides with information received from third parties, such as exam registration bodies or the Customer’s organization.
(13) If a Customer wishes to change or update their Data, the relevant information has to be sent by e-mail to email@example.com.
11. Customer service/support
The Customer can contact firstname.lastname@example.org for questions, comments, complaints and to make other statements regarding their orders by letter, telephone or email.
The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
- The Provider shall be liable for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
- If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
- In all other respects, liability on the part of the Provider is excluded.
- The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
13. Severability clause
If any provision of these T&C is or becomes invalid, this shall not affect the validity of the rest of the T&C. Data Analysis Tools will replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the