As of 07 January 2016
1. General, Validity
These Terms and Conditions govern the legal framework for the use of the websites valuecourse.net. ValueCourse.net, herein after referred to as the Site. This website belongs to Walid Farag, Kaiserswerther Str. 115, 40880 Ratingen, Germany, hereinafter referred to as ValueCourse®.
These Terms and Conditions apply on new ValueCourse® users/participants immediately. They apply on current ValueCourse® users/participants starting from 01 April 2015.
Older version of these Terms and Conditions apply on current ValueCourse® users/participants till 31 August 2015. The older version (as of 15 July 2013) can be accessed with this link: https://valuecourse.net/old-terms-of-use-since-15-07-2013/
The ValueCourse® maintains Internet services (ValueCourse.net) that allow individuals and companies to use services and / or to trade in goods and services of all kinds.
Contracting party (user) can be only legally competent individuals and legal entities.
Parts of the online offer (Services/Features) can only be used by persons, who are already 18 years old or older.
If a user is not yet 18 years old, the consent of the legal representative is a prerequisite for a valid conclusion of the contract.
Consumer in these terms and conditions are natural persons with whom we enter into a business relationship. Consumers do not practice a commercial or independent professional activity related to the above mentioned business relationship.
Entrepreneur in these terms and conditions are natural or legal persons or commercial partnerships with legal personality, with whom we enter into a business relationship, and they act in a commercial or independent professional activity. In these terms and conditions users are both consumers and entrepreneurs.
By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and ValueCourse® regarding this Site are superseded and of no force or effect.
You accept through consent and confirmation of knowledge of these terms and conditions already during the partial use of the Site. A partial use of a website exists as soon as it is invoked in a desktop or mobile Internet browser.
Contractual additions on the use of specific services for which an application for ValueCourse® is required will be effective when the user has successfully logged in ValueCourse®. An application will be successful when an appropriate confirmation in the Site or by e-mail from ValueCourse®.
If you do not accept these terms and conditions, you are not allowed to use any feature of the Site. If you do not accept only a part of these terms and conditions and continue to use services and/or features of the Site, then you exonerate the authors/managers/ agents from any legal liability.
If you have conditions that contradict with these Terms and Conditions, your conditions will never be considered. Consideration is not possible unless ValueCourse® agrees to this in written from.
As part of any contract with ValueCourse®, these General Terms and Conditions apply, even if the use of other services, e.g. chargeable services, does not refer to these terms and conditions explicitly.
ValueCourse® is allowed to let third parties provide parts or the whole spectrum of the service. In this case, the present terms and conditions of use will also apply.
A seminar is a training lecture. It has the function of bringing groups together for recurring meetings, focusing each time on some particular subject, in which everyone present is requested to actively participate.
Webinar is a seminar that takes place online through the web/internet. Participation takes place remotely from home, work…etc.
Workshops are events where smaller groups deal with a particular topic during a limited amount of time. The groups focus and work together towards a common goal.
Course is a directed Individual Study, where participants focus on an area of study which is more concentrated and in-depth than a standard seminar/webinar. An example of a course is “Introduction to Agile Software Development”. It is directed under a trainer. A course can last for a predefined period of time. (E.g. a month). It can also be as short as a one hour. This time depends on the course subject and its depth.
Conference, in the sense of a meeting, is a gathering of persons who meet at an arranged physical/virtual place and time in order to discuss or engage in some common interest. A common interest could be but not limited to “Social Media”, “Scrum”, and “IT-Architecture”…etc.
Participant: A participant is in general any registered user to the events hosted and organized by ValueCourse®. Following is list of example participants mentioned in these terms and conditions.
- Course Trainer.
- Workshop Moderator.
- Course Trainee.
- Webinar/Seminar Presenter.
- Webinar/Seminar attendee.
- Conference presenter, coach and trainer.
- Conference attendee.
The types of participants are not limited to the above list.
2. Scope of Services
2.1 E-Learning Courses & Conferences
Participation in courses and conferences is possible through the Site. ValueCourse® operates an e-Learning and conferencing platform that offers courses and conferences in different areas and fields (e.g. Project Management and Software Development). These events are organized and hosted onsite (in a predefined place e.g. a hotel) or online through the internet. In the later case the content might be provided on-demand (through download or video player) and/or through live streaming during predefined dates and times.
After successful registration, parts of these courses and conferences might be available free of charge. Other parts are fee-based and will be only available after payment of the agreed fees.
Several content and communication channels (such as webinars, forums, blogs, etc…) are available to make learning goal reached faster and easier. However, ValueCourse® does not guarantee successful course or conference completion.
Minimal hardware and software requirements are required to be able to use the online services. These minimal requirements will be published. Without these minimal requirements ValueCourse® online services cannot be used. Because the internet and computer technologies continuously improve, more internet- and computer power can be required. The user is responsible for fulfilling the minimal requirements regarding internet- and computer-power that are published on the Site.
ValueCourse® does not guarantee the reachability of the services through the internet.
The user of the Site can use the platform to contact other course or conference participants.
After successful registration the user can search for other users in the Site, whose profiles are stored in a central database. The user can see the profiles of other users and contact them.
User profile can also be seen by other users. The user might also be contacted by other users.
ValueCourse® does not guarantee a successful contact and is not liable if the user has no successful contacts during the contract period.
The user can edit his personal profile details, descriptions, photos, etc., that helps during the communication with others.
Please note that in case of incorrectly or fraudulently providing personal information in the profile or any part the Site is not allowed. ValueCourse® reserves the right to take civil legal action and to terminate the existing contract without notice. ValueCourse® is also authorized to check the identity of the user based on demand for official documents. In case of the provision of incorrect personal information in the Site, ValueCourse® is also authorized to delete it.
Contacting other users can take place using Site internal E-Mails, VoIP, Webinars, Forums, ValueCourse® chat rooms or the offered blogs.
The forum is for exchanging opinions and experiences of like-minded people. It also serves contact-seeking people. It is also a platform to obtain information from other students.
By joining a forum you accept using explicit confirmation (see below), all subsequent rules:
Joining the forum is only permitted with an e-mail address or nickname that identifies you as the sender explicitly.
It is prohibited to join the forum with a false name, or with the use of bogus e-mail addresses of any kind. Every user is allowed to use one account only.
Please note that you are not allowed to give your password to others. The user is only allowed to access the forum with his own credentials. It is prohibited to do this with the credentials of other users.
Please note that ValueCourse® is not responsible for the content in the forum. Despite all precautions, safety equipment and good intentions, ValueCourse® does not guarantee the identity of the authors, nor the accuracy or usefulness of content of all kinds. All contents do not necessarily reflect the opinions of ValueCourse®.
With the exception of the designated forum areas, it is not allowed to use the forums and their contents for commercial purposes without the written consent of ValueCourse®.
Only a maximum of one link is allowed in the signature. Should the moderators notice that a forum is mainly being used for advertising purposes (directly or indirectly); the respective links and signatures will be removed.
We hope that this forum is characterized by a very good level. Please show the forum members their deserved respect by the appropriate choice of words, as well as correct writing styles and necessary politeness.
Personal harassment, vilification and amusement at the expense of other forum participants are not allowed. The administrators are instructed to especially pay attention to fair treatment of all forum members to each other.
Posting multiple threads or posts to the same content is expressly prohibited.
Instructions from administrators and moderators in a forum will be the exception. If instructions are present, they must be followed explicitly.
Forum moderators and/or experts give their knowledge to other members. With the use of this forum, especially when providing assistance/advice, moderators and experts are free from any possible liability.
The personal data stored in the registry will not be disclosed to third parties or for the creation of spam e-mail lists.
Since the forum is not monitored continuously, rule violations may not be removed immediately. ValueCourse® will not be responsible for the contents of the users in our forums. The user is responsible for his/her forum contributions and activities. The user expects no commitment from the forum operators.
2.4 Canceling User Account
The user has the right to cancel his account per E-Mail without providing any reason. This terms and conditions contract is terminated by the cancellation.
With use of a chargeable service, the user can also terminate the contract at any time. In this case the course or conference fee will not be refunded. The termination will be active only when the course or conference is completed, unless the user requests immediate termination in writing form (email, fax or letter).
2.5 Only Private Purposes
ValueCourse® offers these services exclusively for private purposes. Any commercial use is strictly excluded. With accepting these terms and conditions the user commits to use the Services only for private purposes. Promoting our products or services to others is not allowed.
2.6 Photographs, video-streaming, etc.
ValueCourse® may free of charge and without the further consent of the participants use and release chats, forum threads, videos, pictures and shots taken of the participants and/or their works (such as posters, presentations or lectures) during the Conference or course for reports of the Conference and announcement of events in future.
ValueCourse® may free of charge and without the further consent of the participants record, sell and make offline/online presentations and lectures available on the website for download and play on demand.
The presenter/trainer in an event may withdraw this automatic approval. This should be in writing by post latest two weeks prior to the event.
3. Prices and Payment
The currently published prices on the website are valid for all products and services.
All prices include value added tax (VAT).The fees of the online seminars and other services are to be paid before the start.
Payment is made either by invoice or by PayPal. Another form of payment is not possible.
The user has no right of compensation. This right is only valid when ValueCourse® approves such a right or when the user can make his claims against ValueCourse® valid through legal court processes.
ValueCourse® accepts no responsibility or liability for the timeliness, accuracy, completeness or quality of the information provided or even for the eventual misuse of information.
ValueCourse® has the right to suspend services provided wholly or partly, and to modify content.
ValueCourse® is working hard to allow permanent access to its services. The permanent availability is however not guaranteed. In particular, the access can be temporarily restricted or not possible because of technical reasons which lie outside the responsibility of ValueCourse® such as necessary maintenance and repair work or restoration.
Any liability for any economic, physical or intangible damage arising or could arise from the use or non-use of ValueCourse® internet services is in principle excluded.
All offers on ValueCourse.net and all sub-domains are without obligation or commitment and subject to confirmation by ValueCourse®
ValueCourse® endeavors to ensure the uninterrupted and proper operation of the service, but cannot guarantee the continuous usability and accessibility of the service. Any liability for technical transmission delays or failures is excluded.
ValueCourse® reserves the right to change, to supplement, or to delete parts of the pages or the entire offer without special announcement. ValueCourse® reserves also the right to stop the publication temporarily or permanently at any time.
ValueCourse® is not liable for the unauthorized acquisition of personal user data by third parties (e.g.by unauthorized access by third parties). ValueCourse® is not obliged to verify users’ content, data and image files, text content or the like. ValueCourse® reserves however the right to review and change or to delete content (for example, any recognizable presence of incorrect).
Each participant in the seminars and workshops declares with her/his registration that she/he can act responsible and wants to take over the responsibility. The participant is adequately insured. The participant indemnifies the organizers, the trainers and any landlords from any liability claims.
ValueCourse® is not liable for direct or indirect links to other websites (“hyperlinks”) which lie outside the responsibility of ValueCourse®. Should ValueCourse® receive information that a link to a website with illegal content, ValueCourse® will make all reasonable efforts to remove the corresponding link. As a precaution ValueCourse® dissociates itself from content of linked websites. This applies to all within ValueCourse® internet offer, links and references as well as entries, content, discussion forums, blogs, mailing lists, etc.
6. Obligations of Users
The user is responsible for any possible legally required business registrations. The user assures to ValueCourse® to be of full age.
The user is solely responsible for the personal information, which he provides during registration and later. The user assures that this data is true.
With registering to ValueCourse® Internet services the user assures that he is usingValueCourse.net only for private, non-commercial purposes. The user treats in particular the information entrusted to him by other members confidential and will not use this information for commercial purposes.
The user agrees to hold ValueCourse® free of any type of costs, claims, damages, losses or other claims, that could result from the registration or the participation in ValueCourse® services.
The user agrees to indemnify in particular ValueCourse® from all liability and all obligations, expenses and claims arising from:
- Damages because of libel.
- Violation of privacy rights.
- Unavailability of services to other members.
- Infringement of intellectual property or other rights.
This indemnification also covers the costs to defend these claims.
The user is obliged to treat e-mails and other messages confidentially and share them with third parties only after the expressed prior consent of the sender. This is especially true for names, phone and fax numbers, addresses, e-mail addresses and URL’s.
By joining and/or the use of the forum, you agree not to write topics, amounts, links, etc. in the forum that are not true, contain libel, hate, violence, pornography, and threats that are obscene, violate the privacy of others who discriminate against other people groups, minorities, etc., contrary to morality or violate possibly existing laws.
You further agree not to infringe trademarks and / or copyright notices, and to refrain from spamming, flooding, advertisements, chain letters, advertising for any kind of pyramid schemes, etc.
These notes relate to the choice of your Member ID and possibly in your profile and / or postings set photos and drawings.
All prohibitions also apply to any information, links, etc. in the signature.
We reserve the right, without explicitly stating the reasons to disable participants temporarily, to remove write permission, to lock accounts or to permanent disable board members to the forum. This applies not only for violations of this agreement, but also to repeated violation of the general peace in the forums. Such cases are logged internally for possible necessary evidence. The user that breaches these Terms and Conditions should expect further legal action.
When a member is expelled from the forum, he is prohibited, without the express approval of the forum leader to sign in back again. He is also prohibited from using a third-party account to participate in the forum in any way. An infringement may result in criminal charges for trespassing and assault which also entails any claims for damage.
Furthermore, the user agrees not to misuse services ValueCourse®, in particular:
– Not to spread any defamatory, indecent or unlawful material or information in any other way. In particular, this relates to pornographic, racist, inciting or similar – also obscene – content.
– Not to bother other users, threaten or violate the rights (including personal rights) of others.
– Not to bring any data into the system, which contain a computer virus (infected software), software or other material which is protected by copyright, unless the user has the rights to it or the necessary consent for to use it and any damages are excluded.
– Not to influence or negatively influence in a way the availability of offers for other users of ValueCourse®.
– Not to intercept or check any e-mails of other users. Trying to do so is prohibited.
– Not to send serial or chain letter or E-mails.
Important: Failure to follow the duties can to immediately terminate the contractual relationship, and result in civil and criminal consequences for the user. ValueCourse® specifically reserves the right to remove users who spread during the use of ValueCourse® Internet services immoral, politically-radical or obscene content or photos.
7. Conclusion of this Contract
– Our offers without obligation and subject to our confirmation. Technical and other changes are reserved to the reasonable extent.
– With his order, the customer/user makes a binding contract offer. We will confirm receipt of the order by the customer without delay. Confirmation of receipt does not constitute a binding acceptance of the order. The confirmation can be coupled with the acceptance of the offer.
– We are authorized to accept the order in the contractual offer within three business days of receipt. This can also be done by sending the invoice and the goods ordered. We are authorized to refuse the order for example after examining the credit worthiness of the customer.
– The final contract is subject to our reservation. In case of incorrect or improper delivery to us by our suppliers, we reserve the right not to deliver or only partially deliver the ordered good and/or services. In case of non-availability or only partial availability of the service, the customer will be informed immediately. The payment will be refunded without delay.
– Support Services are only possible by special agreement contract.
– The constituent contract emails and documents are stored by us.
ValueCourse® aims at protecting copyright rights of others in all Internet services. Therefore ValueCourse® claims to retain all copyright for any material created on its web pages. Any reproduction or use of any content of any kind without the written consent of ValueCourse® is prohibited.
9. Jurisdiction, Severability Clause
The law of the Federal Republic of Germany applies in this contract. In case of consumers that conclude the contract for not professional or commercial purposes, this choice of law is only valid to the extent that is supported by the laws of the country in which the consumer lives. Otherwise this choice of law is not valid.
The terms of the UN Sales Convention do not apply.
If the customer is a merchant, legal entity under public law or public special fund, the exclusive place of jurisdiction for any disputes arising from this contract is our official business location. The same applies if the customer has no general jurisdiction in Germany, or when customer’s domicile or usual residence is not known at the time of filing of a complaint.
Should any of these conditions in whole or in part, be or become invalid, the validity of the remaining terms shall not be affected. Should any term of this Agreement not be wholly or partially invalid or lose its effectiveness at a later date, the validity of the remaining terms will not be affected. The invalid term shall be replaced by the parties with an effective one, which reflects the economic purpose of the invalid term as far as possible. The same applies to any contractual loopholes.
10. Cancellation& Return policy
The user can cancel his agreement to these terms and conditions (and the usage of chargeable services) within two weeks without giving reasons in writing to ValueCourse®, by fax or by sending an e-mail.
The cancellation deadline begins with acknowledgment of this policy. This period is sufficient to send the cancellation.
The right of cancellation does no longer exist when sending the digital goods as a file in using an electronic way. The sending of a download link is equivalent to transferring and delivering the audio or video recordings or software.
In addition, the right of cancellation does not exist when delivering audio or video recordings or software, when the delivered data medium been unsealed by the user.
The right of cancellation lasts only until 14 days before the seminar/course starts. In case of conferences, the right of cancellation lasts only until 14 days before the conference starts. Then the seminar/course/conference fee shall be retained unless another person takes the place of the participant. Please inform us early enough in any case with email, if neither you nor another person may participate.
In case of seminars and workshops, the right of cancellation is limited to legal options. This is because these services should be delivered within the specified time period.
With an effective cancellation, the benefits received by each party shall be returned to each other. Already received chargeable services, will be paid by the user.
With the explicit consent of the user (e.g. by sending an extra message to ValueCourse®), the cancellation right can expire before the cancellation deadline, when the user starts to receive ValueCourse® chargeable services, before that deadline.
Should an event be cancelled because lack of participants, illness of trainers or other good reason, the prepaid price will be refunded. Further claims are excluded. We ask the user to consider this when booking travel or other arrangements for the workshop. If a cancellation takes place, this usually takes one to three days before the workshop. Because very short-term registrations often take place, earlier cancellation is not possible.
This also applies to an overbooking of the seminar and the overbooking of quotas foreseen for specific audiences or groups in seminars.