General Terms and Conditions ("GTC")

of Productivity at Work GmbH (hereinafter "PATW"), Neue Mainzer Straße 6-10, 60311 Frankfurt am Main.

1. Scope of application
(1) These GTC apply in their current version to all contracts concluded via the website www.analystmethod.com between PATW and customers who make use of PATW services via the online portal. PATW's services include best practice concepts for increasing productivity, which are made available to customers in the form of videos, downloads and quizzes on their eLearning platform.
(2) Deviating terms and conditions of the customer shall not be recognised unless PATW expressly agrees to their validity in writing.
(3) Insofar as the purpose of the ordered deliveries and services cannot be attributed to a commercial or independent professional activity, the customer is a consumer. If a natural person or legal entity or partnership with legal capacity acts in the exercise of its commercial or independent professional activity when concluding the contract, it is an entrepreneur.

 

2. Registration/Conclusion of Contract/Use of the Online Offer
(1) The prerequisite for the use of the online offer of PATW is the registration of the customer and the activation of the contents on the website www.analystmethod.com. PATW shall activate the contents (customer and the customer's employees together "User"). The contract for the use of the platform is concluded between the customer and PATW by completing the registration process.
(2) Individual contracts concerning the use of certain individual services shall only be concluded after the customer has placed an order via e-mail and subsequent activation by PATW.
(3) Furthermore, the registration of the User and the use of the online offer presuppose that the User has taken note of the validity of the GTC and the instruction on the right of withdrawal.
(4) The customer is obliged to provide the data requested during registration completely and correctly. For full access to the learning content, the User registers for an account with his or her data (surname, first name, e-mail address, company name if applicable). It is not permitted to register an account with third-party or otherwise inaccurate information.
(5)"Free samples": For "free sample access", the User must register via his/her e-mail address and accept the general terms and conditions as well as the applicable data protection provisions. Free sample videos are then available to the User for download. Full access to the learning content is only available to the User after registration and only on payment of a corresponding fee.

3. Account and access data

(1) PATW shall provide the customer with a customer account on the platform after conclusion of the user agreement, through which the customer can view the platform and its data. Access is gained by entering the access data on the website of the platform. This is to be distinguished from the User access via which the customer and employees appointed by the customer can view and retrieve the learning content booked by them.
(2) he access data as well as the customer account are not transferable and may only be used personally by the registered customer. Passing on to and/or use by third parties is not permitted. The access data must be stored securely and kept secret.
(3) Likewise, the User access of named employees is not transferable and may only be used by the named employee. Transfer to and/or use by third parties is not permitted.
(4) The customer shall ensure that the respective User is made aware that the User access is not transferable and that transfer to and/or use by third parties is not permitted.
(5) As soon as the User learns of a misuse of his access data or suspects such a misuse, he is obliged to inform PATW immediately. The User shall be liable for all consequences of third party use if he is responsible for the misuse of the access data. He shall be responsible for the misuse in particular if he has enabled the unauthorised use of the access data intentionally or negligently.
(6) PATW shall be entitled to temporarily or permanently block the customer's account or the User's access in the event of violations of these Terms of Use, in particular due to false information provided during registration or unauthorised disclosure of access data and/or misuse of the platform and/or to permanently withdraw the User's access with immediate effect or with a period of notice at PATW's discretion and/or to terminate the User Agreement extraordinarily and without notice. After such an incident, the User may not register again without PATW's prior express consent.

 

4. Term, termination, updates

(1) The contract for the paid use of the online offer runs for the agreed contract term, unless otherwise agreed between the parties. The contract ends with the expiry of its term without the need for termination. The right of termination for good cause remains unaffected.
(2) PATW shall ensure that during the provision period updates necessary to maintain the contractual compliance of the online offer are provided and that the customer is informed of the update.

 

5. Payment modalities

(1) Usage fees shall be due for payment in advance in each case, unless a different arrangement results from an existing framework agreement.
(2) If the contracting party is a consumer, all prices quoted are inclusive of the statutory value added tax applicable at the time.
(3) Payment is processed exclusively via the payment service provider PayPal. Attention is drawn to the validity of the General Terms and Conditions and the data protection guidelines of PayPal (Europe) S.à r.l. et Cie, S.C.A..
(4) Invoices are issued digitally; paper invoices are not issued.

6. Content and accessibility of the platform

(1) PATW endeavours to ensure proper operation at all times. Nevertheless, failures may occur, for example during necessary maintenance work due to security or capacity concerns as well as events beyond PATW's control (such as disruptions of public communication networks, power failures, etc.). Therefore, no unrestricted and constant availability of the contents is guaranteed. PATW accepts no liability for these failures for which it is not responsible.
(2) The platform uses the currently and generally used technologies for the service. In order to be able to use the service to its full extent, the User must also use these technologies (e.g. current browser technologies, HTML5) or enable their use on his workstation (e.g. activation of Java script, cookies, pop-ups). If older or not commonly used technologies are used, the User may not be able to use the services of the platform or may only be able to use them to a limited extent.
(3) The User himself is responsible for protecting his electronic system from damage and attacks (e.g. phishing, viruses, Trojans).

 

7. Netiquette/usage behavior

(1) Within the scope of use, the re

gistered User has the option of a comment function. This is intended for asking questions and/or suggesting problems. (2) However, it is prohibited to use the comment function as a platform for insults, discrimination and defamation of other Users and social groups on the basis of their religion, origin, nationality, disability, income, sexual orientation, age or gender, defamation as well as business and reputation damaging statements, advertising and other commercial content, personal and personal data.
(3) The User must ensure that the rights to distribute the content published by the User are his or her own. If the User reproduces third-party content, he/she must ensure that this content has been released for distribution. Quotations must be clearly marked as such and the source of the quotation must be indicated. Links may be used in comments to refer to further information on a topic. PATW is not responsible for the linked content and does not check it systematically. However, we reserve the right to remove links if the linked content violates the rules listed here.
(4) If a User repeatedly violates the provisions of section 7 PATW reserves the right to delete the comments and to block the User. The deletion of a comment or the blocking of a User access will only take place after prior notification.

 

8. Liability

(1) Claims of the User for damages are excluded, unless otherwise regulated below. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of PATW, its legal representatives or vicarious agents. A "cardinal obligation" or "material contractual obligations" are obligations the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the contractual partner regularly relies and may rely.
(2) In the event of a simple negligent breach of essential contractual obligations which do not constitute injury to life, limb or health, PATW shall only be liable for the foreseeable damage typical for the contract.
(3) The restrictions of para. (1) and (2) shall also apply in favour of PATW's legal representatives and vicarious agents if claims are asserted directly against them.

 

9. Copyright, name and trademark rights, property rights

(1) All videos, texts, images and other works created by PATW and distributed within the framework of the platform are protected by copyright. Any use of the works beyond the usual and contractually stipulated use of the platform requires prior consent.
(2) Users are in particular prohibited from,

• modify, delete, suppress or render unusable any data or content of the platform without authorisation;
• Use mechanisms, software or scripts that are likely to interfere with the operation of the platform in connection with the use of the platform;
• block, overwrite or modify any content of the platform; publicly perform or copy, in particular download videos, unless this is necessary for the proper use of the services (e.g. copying by means of robot/crawler search engine technologies is not necessary for the proper use of the services and is therefore expressly prohibited);
• impair the functionality of the platform's infrastructure, in particular to place an excessive load on it;
• Introduce malicious code, such as viruses, worms, Trojan horses and related scripts or programs; or

 

10. Extrajudicial dispute resolution body:

The European Commission provides a platform for online dispute resolution (OS), which you can find under the link http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

11. Final provisions

(1) Contracts between PATW and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the User is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract - to the extent permitted by law - shall be the registered office of PATW.
(3) Should individual provisions of these GTC or a provision incorporated into it in the future be or become invalid or unenforceable in whole or in part, or should the GTC contain an unintended loophole, this shall not affect the validity of the remaining provisions of these GTC. In place of the invalid or unenforceable provisions or to fill the gap, the statutory provisions, if any, shall apply.