eLearning units are learning units where the contractor receives the learning units via electronic media such as internet-based learning platforms. eLearning units can be synchronous (e.g., as a live webinar) and asynchronous (e.g., as self-study). oose provides its customers with asynchronous and synchronous eLearning units. The learning units consist of texts, graphics, audio, and video, which the customer can obtain via the Internet. Some of the service content cannot be used permanently, but only for the duration of the course.
2 Changes to the course units
oose is entitled to change the course units (content, structure, and layout of the learning units, etc.) if and insofar as this does not affect the fulfillment of the purpose of the training contract concluded with the customer. Unless the customer has been bindingly promised the fulfillment of specific content or the fulfillment by means of a specific learning material upon entering into the agreement. The customer shall be notified by oose of any such changes.
3 Usage Instruction
oose provides the customer with instructions for use. The customer is obliged to follow the instructions given there regarding access to the course unit.
The obligations of the customer stated in the instructions for use are primary performance obligations. If the customer does not fulfill these obligations according to the contract, the customer may not be able to use the service of oose. Therefore, the customer shall comply with the defined technical requirements to enable undisturbed access to the eLearning units and download of the content. The customer is responsible for procuring and maintaining the hardware, standard software and connections to public telecommunication networks required by the customer.
The customer is advised that oose cannot be held liable for all risks associated with any time and ubiquitous accessibility over the Internet, because oose does not transmit data over the Internet itself, nor does oose select those persons who will provide the transmission. oose is therefore only liable for ensuring that the services to be provided by oose are properly available for retrieval at the transfer point of its data center, but not for ensuring that the data can be retrieved anytime and anywhere. Therefore, oose is not responsible for the functionality and performance of the user’s transmission system and is not responsible for the performance of transmission systems of third parties who, due to the specific characteristics of the Internet, are involved in the transmission of the data but were not selected by oose and whose behavior cannot be influenced by oose.
The service contract law governs the regulations for retrieval (sic. the retrieval of the learning content and data of the customer at his residence or registered office). A warranty is therefore not assumed.
For the internal availability, i.e., the retrievability of the program and the customer’s data at the transfer point of the computer center, the following regulations apply:
Termination of the customer pursuant to § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to failure to grant the contractual use is only permissible if oose has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy defects shall only be assumed if such remedy is impossible, if it is refused or unreasonably delayed to oose, if there is reasonable doubt as to the prospects of success, or if it is unreasonable for the customer for other reasons.
The availability of the learning content at the transfer point (internal availability) is based on the service description. The term „internal availability“ also describes the fact that the software is not available at the transfer point from time to time for reasons of compliance with the maintenance and care of the system environment.
In accordance with the foregoing, oose is obligated to ensure the proper transmission of data to the Internet and the customer. oose is not responsible for the accessibility of certain target networks.
The use of the eLearning units may require registration. The customer is obliged to provide the data requested during registration correctly and completely. If the customer has an access ID and password to a learning environment or learning unit, he must keep these protected from access by third parties.
6 Infrastructure of the customer
The cost of setting up the online connection and maintaining it on the customer side is borne by the customer. oose is not liable for the security and continuity of data communications that are conducted over third party communication networks. oose is also not liable for disruptions in data transmission caused by technical errors or configuration problems on the customer side.
The customer is responsible for the hardware and software used by him and for the communication channels he uses. A failure of the hardware and software used by him shall not release him from the obligation to pay the fee.
The eLearning units are – unless otherwise noted – protected by copyright. The customer may retrieve, store, and reproduce the contents only for his own use. If the customer is allowed to save individual units on his computer – these contents are marked individually – the customer receives a right of use without a time limit. The units made available to him via streaming may not be stored permanently. The customer only receives a right of use for this content that is limited to the duration of the contract.
8 Customer results
The customer grants oose the simple, temporally, and spatially unrestricted rights of use to reproduce, edit, distribute or make available to others via internal or external networks for retrieval of the service content created by the customer. The customer is expressly advised that this transfer of rights only takes place so that the quality of the training courses can be improved and that the services provided by the respective customer are used naturally and strictly anonymously in such a way that it is impossible to draw conclusions about individual persons.
9 Customer data
oose may collect data on the following service-related transactions: Exercise work, times of use, personal data identifying the customer and invoice data. oose will collect and use this data in accordance with the principles of data protection law.
oose is entitled to encrypt all content made available for download to prevent unauthorized use. The customer is not entitled to remove these encodings. oose is entitled to further develop the encoding technology according to the state of technical development and within the scope of legal admissibility.
11 Insufficient delivery
If the information provided to the customer by oose is found to be inaccurate or not in accordance with the agreements, oose will provide the customer with accurate and updated information. If the replacement delivery fails, the customer has the right to cancel or reduce the compensation paid for the information retrieval.
oose is not liable for the existence, suitability and accuracy of the public transmission lines, software and the customer’s own data communication devices used by the customer.
13 Dealing with errors
The customer is not entitled to correct errors himself and to demand reimbursement of the necessary expenses.
14 End of contract
After termination of the contract, the customer’s access will be blocked.
Valid from 27.01.2021, oose Innovative Informatik eG, Schulterblatt 36, 20357 Hamburg