GENERAL TERMS AND CONDITIONS
AJ&Smart GmbH
1. Scope of Application and General Provisions
AJ&Smart GmbH provides access to online courses. AJ&Smart GmbH offers various course packages (hereinafter referred to as the "Products" or each of them as the “Product”), some of which include pre-recorded seminar videos and some live seminar, which can be viewed through the internet, internet-compatible TV sets, computers, and other equipment (hereinafter referred to as “End Devices”).
The contractual relationship between AJ&Smart GmbH (hereinafter referred to as “AJ&Smart” or “we”) and the User (hereinafter referred to as "User" or "you" or “customer”) shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as the “GTC”). Deviating GTC of the User shall not become part of the contract, even if AJ&Smart does not expressly reject them.
2. Conclusion of Contract
2.1 Upon conclusion of the contract, AJ&Smart will grant to you a personal, non-exclusive, non-transferable right to access and view the Products, as specified in more detail in section 11.2 of these GTC. In return, therefor you will, subject to clause 3 below, be obliged to pay a fee to us.
2.2 Unless otherwise stated, you can order all Products presented on our homepage "https://ajsmart.com/". The presentation of the Products on our homepage does not constitute an offer by AJ&Smart in the legal sense.
2.3 The customer can select from the online courses offered on our website and book them via the available online portal. When you have made your selection, placed the selected Products in the shopping cart, ticked the "Accept GTC" box and sent the order to us by clicking the "Order and Pay" button, you are making a legally binding offer to conclude a contract on the selected Product. Before submitting, you can remove or add the selected Products from the shopping cart at any time.
2.4 After receipt of the order, the customer will receive an automatically generated summary of the order from us. This is a non-binding confirmation of receipt so that you may know that your order has arrived and which Products you have ordered. The customer offer will be accepted only when AJ&Smart sends a separate confirmation email (hereinafter referred to as the "Confirmation Email”) to the email address provided by the customer. A binding contract is formed only when you receive the Confirmation Email from us. Without prejudice to the fulfilment of legal obligations to provide information, AJ&Smart does not save the terms of the contract on behalf of the User.
2.5 AJ&Smart reserves the right to make changes to the GTC at any time. In this case, AJ&Smart will notify the User thereof through the email address provided by the User during signup. Changes to these GTC will be offered to the User no later than six weeks before the proposed date of their entry into force. The User’s consent is deemed to have been given if he does not notify AJ&Smart in text form (e.g. by email) of his refusal before the proposed date on which the changes are to take effect. If the User does not agree with the changes, he has the right to terminate the contract without notice and free of charge until the proposed effective date of the changes. In the notification with which the changes are offered, AJ&Smart will also specifically inform the User once again of the right to refuse consent, the deadline for this and the possibility of termination.
2.6 The conclusion and fulfilment of the contract is made in English.
3. Payment
3.1 The price shall be the amount indicated in the respective Product description of the selected Product on our homepage, or in the applicable SOW/Proposal. Prices include all taxes and shipping costs and are in Euro (EUR).
3.2 If a total payment has been agreed for a certain period, the total amount shall fall due at the beginning of the period, unless otherwise agreed. In all other cases, fees shall fall due immediately, unless otherwise agreed.
3.3 You may pay your order by credit card or PayPal online (3.4) or by bank transfer (3.5).
3.4 If you pay by credit card or Paypal Online, your bank account will be debited upon completion of the order.
3.5 Unless the payment has already been concluded at the time of booking via third-party providers pursuant to para. 3.4, the invoiced amount shall be due within 14 days after receipt of the invoice, unless otherwise agreed in an SOW/proposal, and shall be paid to the bank account of AJ&Smart provided in the Confirmation Email pursuant to para. 2.4. If payment is not made within 14 days of the due date, the customer will be in default, unless otherwise agreed.
3.6 The User shall only have a right of set-off if his counterclaim against AJ&Smart has been finally and non-appealably established, is uncontested or has been acknowledged. The User has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
3.7 If the User unjustifiably fails to meet a due payment obligation, AJ&Smart shall be entitled, after prior notice and without prejudice to further statutory and contractual rights, to temporarily block the User’s access until the owed payment has been received. If the booked Product has a contractual term, this term shall remain unaffected by the temporary blocking in such a case.
4. Scope of Services
4.1 The scope of services shall be as specified in the respective Product description.
4.2 Insofar as a contract for a paid Product has been concluded, AJ&Smart shall provide the agreed services. Access to the Product - with the exception of live services (especially the so-called "Coaching Calls", cf. § 5) - is provided to the User via "Teachable" (https://teachable.com/) or, at AJ&Smart's discretion, via a comparable platform. AJ&Smart will provide the User with the necessary data to access and view the Product. Insofar as AJ&Smart also provides content and/or services on a voluntary basis and free of charge, it does so without any legal obligation to do so, and AJ&Smart is entitled to change, expand, or limit these services at any time.
4.3 AJ&Smart shall not be liable for any learning success. Learning achievements will not be checked.
4.4 You may primarily access and view the Product in the country from where you have concluded the contract and generally in countries only where we offer our Products. AJ&Smart guarantees 99% availability of its Products over the calendar year. This does not include outages for which AJ&Smart is not responsible due to necessary maintenance work, force majeure, technical malfunctions of the Internet, or other reasons for which AJ&Smart is not responsible. This applies particularly to failure of electronic or mechanical communication features, third-party intervention, telephone- or other network problems, computer viruses, unauthorised access, theft, operating errors, fire, extreme weather conditions including flooding, acts of God or directives from public authorities, from governmental or supranational authorities, war or unrest.
4.5 If and to the extent stated in the Product description, AJ&Smart shall provide the User with course materials which will be sent to the User's email address.
5. Coaching Calls and Community Access
5.1 This section only applies if the respective Product (according to the Product description) includes the so-called “Coaching Calls” and Community Access. For certain Products, AJ&Smart will perform the so-called "Coaching Calls" as open online live seminars which will be carried out via the video platform "Zoom" or, at AJ&Smart's discretion, via a comparable platform. AJ&Smart will also facilitate Community Access (message boards / chat rooms / discussion groups) for users, on various platforms at AJ&Smart's discretion.
5.2 The Coaching Calls do not serve as a learning assessment, but rather as an opportunity to address all possible questions about Design Sprints, especially those that are not covered by the videos.
5.3 The User shall be provided with the dial-in data for attending the Coaching Call in reasonable time. The User is prohibited from disclosing the dial-in data to third parties and/or permitting and/or enabling third parties to gain knowledge thereof.
5.4 When conducting Coaching Calls, AJ&Smart does not guarantee that these online seminars can be conducted properly within the specific hardware and software environment of your End Device. For further details please also see section 6.5. If the transmission of an online seminar does not work due to insufficient technical requirements or incorrect operation on the part of the User, the User shall not be entitled to any refund of the price paid.
5.5 AJ&Smart reserves the right to cease the provision of Coaching Calls and Community Access after expiry of the agreed terms as below. The User shall have no claim to further maintenance of the Coaching Calls after expiry of the contract term.
Workshopper Master: 90 days from the date of enrolment
6. Duties or obligations of the User, prohibited activities
6.1 Through sending your order and your registration with our online shop you assure that all information provided therein, particularly name, email address, account information is accurate. Please notify us immediately of any changes.
6.2 The User is obliged to keep his access data secret and not to pass it on to third parties. The access to the Products and course materials must not be shares with third parties. It is expressly forbidden to use the contents for public presentation. For further details see also section 11.2.
6.3 In case of any suspected abuse of or access to your access data through third parties (particularly any suspected hacking) we may suspend your access data until we have established the facts, or the access data have been changed. Should the abuse and/or the access to these data have been caused by willful misconduct on your side we further reserve the right to terminate the contract pursuant to Section 9.
6.4 In case of any suspected abuse/third-party access we urge you to contract us through our hotline or via email. We have placed the contact information on our homepage.
6.5 We do not assume any liability for the reproduction quality of the Product on your End Device. You are solely responsible to ensure that suitable hard- and software and a broadband internet connection is available to you which is technically necessary to access and view the Products. Network costs, particularly any costs for your internet provider shall not be included in the agreed price. You will be responsible for ensuring a proper network and be liable for all costs associated therewith. The reproduction quality of the Products may vary depending the type of End Device and depends on different factors such as the place of your residence, the available bandwidth, or the speed of your internet connection.
7. Instruction on Consumers‘ Right of Withdrawal
7.1 This Section 7 only applies to Users which legally qualify as consumers (Verbraucher) pursuant to Section 13 German Civil Code. That means any individual entering into a legal transaction that may not be mainly attributed to a commercial business or a self-employed business.
7.2 When concluding a distance contract (Fernabsatzvertrag) pursuant to Section 312c German Civil Code, consumers generally have a statutory right of withdrawal about which AJ&Smart informs them in the following in accordance with the statutory provisions. A template withdrawal form can be found in Section 7.5.
Instructions on Right of Withdrawal
Consumer’s Right of Withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the contract. To exercise the right of withdrawal, you must inform us,
AJ&Smart GmbH
Köpenickerstraße 10a, 10997 Berlin, Germany
Tel.: +49 (0)30 23599923
Email: [email protected]
of your decision to withdraw from an order by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached template withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
7.3 Effects of withdrawal
If you withdraw from the contract, AJ&Smart shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which AJ&Smart is informed about your decision to withdraw from the contract. AJ&Smart will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
7.4 Notice on the premature expiry of the right of revocation
(a) The following applies for all orders, that do not include the provision of services within the meaning of 356 paragraph 4 of the German Civil Code (e.g. if your order does not include our "Coaching Calls"): Contrary to 7.1 und 7.2, the right of withdrawal expires prior to the expiry of the statutory withdrawal period in those cases in which AJ&Smart has begun with the performance of the contract after the consumer has expressly consented to AJ&Smart beginning with the performance of the contract prior to expiry of the withdrawal period, and has acknowledged that by his consent, he would lose the right to withdraw from the contract upon the performance of the contract having commenced.
(b) The following applies for all orders, that include the provision of services within the meaning of 356 paragraph 4 of the German Civil Code (e.g. if your order includes our "Coaching Calls"): Contrary to 7.1 und 7.2, the right of withdrawal expires prior to the expiry of the statutory withdrawal period in those cases in which AJ&Smart has completely provided the order and began with the order only after the customer had given his express consent thereto and concurrently acknowledged that he would lose the right to withdraw from the contract once AJ&Smart has fully performed the contract.
7.5 Template Withdrawal Form
AJ&Smart provides the following information on the template withdrawal form in accordance with the statutory provisions.
Template Withdrawal Form
(If you wish to withdraw from the contract, please fill in this form and send it back.)
To:
AJ&Smart GmbH
Köpenickerstraße 10a, 10997 Berlin, Germany
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/ for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate
8. Disclaimer
8.1 Notwithstanding applicable provisions of law, our liability to compensation of losses is subject to the following disclaimers and qualifications:
AJ&Smart is liable only for damages if arising from (i) willful misconduct or gross negligence of AJ&Smart or its legal representatives or agents (gesetzliche Vertreter oder Erfüllungsgehilfen), (ii) negligent violation of such contractual duties the fulfilment of which is a prerequisite for proper execution of the contract or the breach of which endangers attainment of the contract purpose and the observance of which the customer must regularly rely on (so-called Kardinalpflichten) by AJ&Smart or its legal representatives or agents, however, limited to typical damages which are foreseeable at the time of the conclusion of the contract or (iii) negligence of AJ&Smart or its legal representatives or agents in a way causing injury to life, body or health and (iv) any compulsory statutory liability pursuant to the Product Liability Act.
8.2 This liability arrangement is conclusive. It shall apply with respect to all damage compensation claims, irrespective of their legal ground, particularly also with respect to pre-contractual claims or collateral contractual claims. This liability arrangement shall also apply in favor of legal representatives and agents of AJ&Smart if claims are asserted directly against them.
9. Cancellation and suspension of use
The statutory right of both contracting parties to extraordinary termination for good cause shall remain unaffected. AJ&Smart is entitled to remove any User from the access to and use of the Product with immediate effect and/or refuse or cancel any orders for cause, e.g. if the User causes any abuse or harm to the AJ&Smart, if AJ&Smart has reasonable belief of fraudulent acts by the User when using/viewing the Product, or if the User otherwise severely or repeatedly fails to comply with his obligations under these GTC, especially to his obligations pursuant to Section 6 (2) or 11 (2) of these GTC, and does not rectify this breach in due course (a notice is not required in the cases of Section 314 (2) sentences 2 and 3 German Civil Code). The termination notice must in writing. This shall be without prejudice to further legal remedies available to us including, without limitation, compensation for losses.
10. Changes to the Products
The range of seminars is continuously updated and expanded by AJ&Smart. Despite careful planning, changes in content may become necessary in individual cases. AJ&Smart therefore reserves the right to make necessary content and methodological adjustments or deviations from the seminar description, provided that these do not significantly change the subject and the overall character of the seminar concerned.
11. Copyright; right of use
AJ&Smart is the author and owner of all rights of use of all documents provided in the context of provided contents, in particular texts, videos and course materials.
AJ&Smart grants the User a personal, non-exclusive right to access and view the content, included in the booked Product. Any other use is explicitly prohibited. In particular, the User is prohibited from recording, reproducing, processing, duplicating, distributing, publicly reproducing or otherwise processing the contents, videos, texts or other content included in the respective Product, in any form, also not for the purpose of teaching, without the prior written permission of AJ&Smart.
12. Data Protection
12.1 The Client remains the Data Controller within the meaning of Art. 4 No. 7 GDPR in all cases and can therefore request the release of individual or all data at any time.
12.2 AJ&Smart GmbH, as the Data Processor within the meaning of Art. 4 No. 8 GDPR, is solely responsible for complying with data protection regulations applicable to a data processor.
12.3 AJ&Smart GmbH provides the Client with a Data Processing Agreement in accordance with Art. 28 GDPR for the use of the services. This agreement becomes an integral part of the contract.
12.4 We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored.
12.5 You consent that communication in the context of this contract and its fulfilment may be done electronically.
13. Miscellaneous
13.1 This paragraph only applies to customers which legally qualify as businesses (Unternehmer) pursuant to Section 14 German Civil Code. Should any provision of the GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these GTC that are not included or are invalid. If such statutory law is not available in the respective case or would it lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
13.2 If these GTC refer to a written form or notification, the sending of an email shall also suffice respectively.
13.3 These GTC and the entire legal relationship between us and our counterparts shall be governed by the laws of Germany, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Statutory provisions on the restriction of choice of law and the applicability of mandatory law in particular of the place where a customer which legally qualifies as consumer (Verbraucher) pursuant to Section 13 German Civil Code has its habitual residence (gewöhnlicher Aufenthalt) remain unaffected.
13.4 In case the customer is a consumer residing in the European Economic Area (EEA), he may assert his claims in connection with these GTC and the legal relationships established between the parties on the basis of these GTC before the competent court at his place of residence or before the competent court at AJ&Smarts corporate seat, Berlin, Germany. If AJ&Smart wishes to enforce its rights against a customer residing in the European Economic Area (EEA), AJ&Smart can only do so before the competent courts at the customer's place of residence.
13.5 In case the customer qualifies as a merchant (Kaufmann), legal entity under public law (juristische Person des öffentlichen Rechts) or separate fund under public law (öffentlich-rechtliches Sondervermögen), or the customer is domiciled outside the European Economic Area (EEA), the District Court of Berlin (Landgericht Berlin) shall be the place of jurisdiction for any disputes arising from or connection with these GTC, including their validity, and for any legal relationships established between the parties on this basis of these GTC. In this case, however, AJ&Smart may also bring an action against the customer in his general place of jurisdiction.
13.6 The following only applies to Users which legally qualify as consumers (Verbraucher) pursuant to Section 13 German Civil Code: The European Commission provides a platform for an online settlement of disputes which can be accessed under https://ec.europa.eu/consumers/odr/. AJ&Smart is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission nor will it do so voluntarily.
14. Identity and Legal Address
Our address for objections and other legal notice and the address for summons shall be: AJ&Smart GmbH, Köpenickerstraße 10a, 10997 Berlin, Germany,Tel.: +49 (0)30 23599923, Email: [email protected].
Notice: Only for reasons of the legibility the male form was used, nevertheless the GTC above apply to representatives of all genders as well as people who do not assign themselves to any gender.
Berlin, September 2024