Terms and Conditions for the ODR-System MESUTRAIN
§ 1 Preamble
The Euro-ODR LTD runs with its MESUTRAIN-website "euro-med-net.edudip.com' (platform) an internet portal for booking and organizing interactive mediations, supervisions and trainings (online classes). It provides registered users (members) on this platform the technical requirements to set and book webinar offers for communication between the members and to implement mediations and other online events in virtual conference rooms.
§ 2 Field of application
For the contractual relations between Euro-ODR LTD and the members only the following commercial terms and conditions are valid. General terms and conditions of members do not apply.
§ 3 Registration
To use the platform, the free registration as a member is required. Only contractually capable natural persons can register as members.
For registration please use the on the platform provided registration form and fill it completely and truthfully by specifying a username and a password and send it to Euro-ODR LTD. The membership name may not contain contact information as email or internet addresses nor harm the rights of third persons - especially no name or trademark rights - and may not violate moral standards. Euro-ODR LTD is authorized to require documental evidence to prove the indicated data.
By sending the registration form the user makes a binding offer to Euro-ODR LTD to conclude a membership contract for a free basic membership. The membership agreement is concluded by confirming the registration and activation of an account by Euro-ODR LTD. The user has no claim to conclude a membership contract.
Each user may register only once.
§ 4 Change the membership form
A change of the free basic membership to the membership for a consideration is possible at any time. You have to apply by mail to firstname.lastname@example.org?subject=Upgrade%20Trainer">email@example.com be upgraded.
Please note, that becomming a trainer for the MESUTRAIN ODR system requires a basic training which can be booked at our website." target="_blank">http://accanis-ltd.com/contact.html">website.
§ 5 Identity of the contractual partner
The contract is concluded with Euro-ODR LTD
45138 Essen, Germany
CEO: Patric Illigen
§ 6 Services of Euro-ODR LTD
Euro-ODR LTD provides members of the platform the technical options for the communication between teachers/mediators/supervisors and participants and the initiation of contracts and the organization of mediations/supervisions/webinars in a virtual classroom. Each member can use the platform as a teacher and as a participant of a webinar.
Members can create member profiles, set webinar offers and applications, read the webinar offers and applications of other members, book webinars, post quotes on applications, hold presentations in the virtual classrooms and participate in webinars in the virtual classroomsr actively or passively.
Euro-ODR LTD does not settle payments between participants and teachers as a clearing house. Euro-ODR LTD does not check the creditworthiness of members.
§ 7 Booking of mediations/supervisions/webinars
The booking of mediations/supervisions/webinars indeed takes place at the platform 'euro-med-net.edudip.com', but the contracts for a participation on a webinar (webinarcontract) are not concluded with Euro-ODR LTD, but with the respective mediator/supervisor/teacher when he or she confirms the booking. After booking a mediation/supervision/webinar Euro-ODR LTD transfers the contact data of the contract partner to the respective members.
Euro-ODR LTD does not arrange contracts between the members and makes no announcements on contracts for members. In particular, messages that are sent with the system of Euro-ODR LTD (system messages) are no statements of Euro-ODR LTD on behalf of the members.
The fulfillment of the mediation/supervision/webinar contracts is in the responsibility of the respective teachers and participants. The teachers are solely responsible for the legality, accuracy, completeness and quality of their mediation/supervision/webinar offers and their mediation/supervision/webinars.
§ 8 Cancellation
If a member uses the platform as a consumer, in other words for a purpose that has neither a commercial background nor self-employed business activity, the member can revoke the membership contract as follows:
Fax: +49 (0) 201 / 85 78 97 329
Consequences of revocation
§ 9 Use of the platform
I. General conditions
The platform must be used only for information about mediations/supervisions and webinars, to participate in mediations/supervisions/webinars and to perform mediations and other online events in the virtual classrooms.
The members are obliged to keep their password secret and so to ensure the access to their member account. If there are any indications that third parties have procured unauthorized access to the member's account, Euro-ODR LTD has to be notified immediately and the password has to be changed by the member.
If the data change that have been deposited with the registry of the member, the member's account has to be updated about this change, immediately.
Since Euro-ODR LTD has only a limited review about the accurancy of the deposited member data, even when written evidence is submitted, the provision of false information is not excluded. Therefore each member has to check the contractors identity by himself or herself.
The member's account may not be transferred to third parties.
Contact data of other members which have become known through the use of the platform may be used only for the (pre-) contractual communication.
On the platform, in the webinars and in other events no data shall be set, no statement shall be made, no information shall be given and no contents shall be transferred which violate law or morality or injure rights of third persons or discriminate persons of other races, of other ethnic origin, of other gender, of other religion or belief, disability, age or sexual orientation.
Members may only advertise on the platform for mediations/supervisions and webinars which also are held on the MESUTRAIN platform.
You may not do anything, tolerate or encourage anything that might disturb the orderly operation of the platform, in particular the orderly operation in the virtual classrooms.
To use the platform, especially for the organization of a mediation/supervision/webinar and for the participation in a webinar and other online events, the compliance of the following technical conditions are required:
- a standard DSL connection
- an Internet browser (e. g. 'Internet Explorer' from version 7 on, Chrome or 'Mozilla Firefox')
- the program 'Adobe Flash Player 10' or higher
- for active participation: headphone and microphone
- for passive participation: speaker
The members agree to comply with the technical minimum requirements and to check if the connection to the virtual conference rooms can be established in good time prior to a webinar or the participation in a webinar. In case of technical troubles they further agree to remedy existing malfunctions early enough whose rectification they are responsible for. If a connection cannot be established, Euro-ODR LTD must be informed in time.
II. Use of the platform as a participant
Only those members who have booked the mediation/supervision/webinar may attend these. For other persons the active or passive participation is not allowed.
III. Use of the platform as a teacher/trainer/mediator/supervisor (teacher)
Teachers are allowed to perform their webinars and other online events only if a compliance with the minimum technical requirements is guaranteed (see § 9 I Nr. 4)
You are obliged to describe the content of you webinar in your webinar offers and to inform about the beginning of the webinars, the minimum number of participants and the registration fee.
The teachers are solely responsible for compliances with the legislation in force. Euro-ODR LTD draws particular attention to the observance of relevant rules of distance selling law, the teleservice law, tax law, the provisions of the price regulation, the Distance Learning Protection law and the obligations in electronic commerce.
The webinars, which are offered and booked on the platform are to be held in the virtual classrooms of MESUTRAIN.
If a webinar has not been booked yet, it can be changed or deleted by the teachers. The deletion of a webinar offer that has already been booked is only possible through Euro-ODR LTD.
Euro-ODR LTD is authorized to delete a webinar offer or a webinar or other online events from the platform, if there is an evidence of violation against § 9 INo. 3 of the terms and conditions by setting offers or the implementation of webinars and other online events. A webinar offer or a webinar can also be deleted if the minimum number of participants is not achieved at the start of the event or if the webinar has been done completely.
If a teacher cancels a webinar, which was already booked by the minimum number of participants, the teacher has to notify Euro-ODR LTD and the participants about this. Upon notification of cancellation the webinar will be deleted from the platform.
Booked sessions during a month, which are not being used, declaine after the 30 day period. There will be no reimbursement of fees.
To ensure a trouble-free flow of payments (see § 11), the teachers oblige that their current bank account is deposited at Euro-ODR LTD. In case that a teacher is responsible for a chargeback or incorrect entries, the teacher is obligated to pay the resulting costs within 14 days on the specified account of Euro-ODR LTD. Without prejudice to other rights Euro-ODR LTD is entitled to disable the teachers' account if such paymant has not been made on time and if Euro-ODR LTD has threatened the teacher with a lock of his account by a writing or per email 14 days before. If it is not reasonable for Euro-ODR LTD to observe the waiting period, Euro-ODR LTD is allowed to disable the members' account immediately and without prior notice.
§ 10 Member profile
The members are committed not to make any incorrect information in their member profile.
§ 11 Payments
Euro-ODR LTD handles the payment transaction for the payment of participation fees between participants and presenters after the following regulations. Since Euro-ODR LTD only acts as a clearing house, Euro-ODR LTD does not check the creditworthiness of the members.
The participation fees are to be paid by the mediators/supervisors/trainers to Euro-ODR LTD before the start of the webinar.
Euro-ODR LTD is technically able to determine whether a webinar was performed or not. If Euro-ODR LTD determines through such a test that a webinar has not been held or if a teacher notifies Euro-ODR LTD about a cancellation of a webinar that has already been booked, the claim of a teacher's withdrawal of the participation fee expires and in this case Euro-ODR LTD reimburses the participants' registration fee in full return to the participants. This does not apply for a webinar that was deficient or not implemented in full length.
§ 12 Fees
I. Membership fees
The use of the platform as part of the basic membership is free. Membership fees are only charged when a membership contract was concluded through a purchase. The prices are on the page „ http://accanis-ltd.com/tariff-rates.html“" target="_blank">http://accanis-ltd.com/tariff-rates.html">http://accanis-ltd.com/tariff-rates.html“where they can be downloaded and printed.
All membership dues specified by Euro-ODR LTD are final prices containing the value added tax. Delivery or forwarding expenses do not occur. The fees are due at the signing of the agreement. Invoices will be sent as e-mail.
II. Participation fees
The fees for the participation in the mediations/supervisions/webinars (participation fees) conform to the contractual agreements between teacher and participant. The payment of the participation fees becomes due with a successful booking.
III. Cancellation charges
If a teacher cancels his pay webinar, the teacher has to pay a cancellation charge of 5,50 EUR per registered participant. If a participant cancels his registration on a pay webinar, the participant has to pay a cancellation charge of 35,00 EUR.
§ 13 Exclusion of evading action
The conditions about fees ( § 11) and payment (§ 12) must not be evaded.
§ 14 Duration and termination of a contract
The term of the agreement arises from the specification of the price and services that are applicable at the time of the contract conclusion, respectively.
The contract will renew automatically for the primary duration of the contract if it isn't quit within the period of time specified in the specification of the price and services.
§ 15 Exclusion of a member
Euro-ODR LTD can exclude a member and his or her account as well as delete all his or her webinar offers and webinars, if Euro-ODR LTD has indications that the member transgresses essential obligations of the terms and conditions or if the member has been assessed negatively, repeatedly. edudip will inform the member about the planned exclusion via email to give him or her the possibility to response. In the case of urgency, Euro-ODR LTD is not obligated to this. In every case, Euro-ODR LTD will take account of the member's legitimate interests. The right of extraordinary termination remains unaffected.
§ 16 Technical availability
Due to technical reasons, Euro-ODR LTD cannot guarantee permanent full availability of the servers on which the platform is operated. At times, the availabilty of the platform may be limited - especially because of necessary maintenance or repair work. Euro-ODR LTD will inform all members about the implementation of planned maintenance work and its extent in time by an information on the platform. If the system breaks down unpredictably, Euro-ODR LTD will notify the members if possible about the extent and the duration of the outage.
§ 17 Liability
Euro-ODR LTD is not liable for material damage and pure financial losses - on whatever legal reason - that arise in connection with the use of the platform, unless the damage arised from the infringement of an essential contractual duty or some other intentional or roughly careless breach of obligation by Euro-ODR LTD, their legal representatives or their assistants. Material contractual obligations are obligations whose fulfillment allow the proper execution of the contract and make the achievement of the purpose of the contract possible, so the contracting party can trust on, and as well obligations, which are for the protection of the contractor and its contractual legal positions of fundamental importance.
The liability for material damage and pure financial losses as a result of slightly negligent breach of a contractual obligation is limited to the replacement of the predictable damages when the contract was concluded.
§ 18 Set-off
Members may set off against claims of Euro-ODR LTD only with undisputed claims or those declared final and absolute by a court.
§ 19 Release
The members undertake to exempt Euro-ODR LTD from all claims of other members or third parties, which enforce these because of the violation of their rights due to the use of the platform through the respective member against Euro-ODR LTD. This does not apply if the member is not responsible for the violation of rights. The obligation for exemption includes the acquistion of apporpriate legal defense costs.
§ 20 Final clauses
I. Modification of the terms and conditions
Euro-ODR LTD may change these terms and conditions at any time without giving any reasons. The modified terms and conditions will be sent to the members at least three weeks before the scheduled come into force under the typographical emphasis of changes by email.
The members can contradict to the changes within three weeks of receipt of that email. When a member continues the membership without contradicting the changes within this period, the amended terms and conditions are approved. Euro-ODR LTD will point out the consequence of a consistent continuation of the contract in that email.
II. Applicable Law
The law of the Federal Republic of Germany shall apply (according to ROME I). If a person concludes a membership contract as a consumer, i.e. for a purpose which cannot be regarded as a professional or commercial activity, the provisions of the state in which the user has his habitual residence are to be granted, insofar as they provide the user with greater protection than the law of the Federal Republic of Germany.
If the member is a merchant, a legal entity under public law or special fund under public law, or the member has no general jurisdiction in Germany, Essen is the jurisdiction for any disputes arising in connection with the membership contract and the use of the platform. This also applies if a member has no general jurisdiction in Germany, moved his residence or usual place of residence after registration from the scope of the Federal Republic of Germany or even if the domicile or the habitual residence is not known at the time of the legal action has been risen.
IV. Severability Clause
The ineffectiveness of a fiscal condition does not affect the validity of the remaining terms and conditions.
In addition, the following conditions of edudip GmbH shall apply:
§ 1 Fees
I. Participation fees
The fees for the participation in the webinars (participation fees) conform to the contractual agreements between trainer and participant. The payment of the participation fee is due upon a successful booking. If a participant selects direct debit, he or she is responsible for the generated costs in the case of a failed direct debit (currently 5,95 EUR per failed debit). In case of a chargeback when paying by credit card, the participant is responsible for a cancellation fee of currently 47,60 EUR per chargeback.
§ 2 Cancellation charges
If a trainer cancels his paid webinar, he or she has to pay a cancellation charge of 2,50 EUR net per registered participant. If a participant cancels his registration of a paid webinar, the participant has to pay a cancellation charge of 5,95 EUR.
§ 10 Payments
The edudip GmbH is responsible for the payments relating to the payment of the participation fee between participants and trainers with the following provisions. Since the edudip GmbH acts only as a clearing centre the creditworthyness of members is not checked by the edudip GmbH.
The participation fees are to be paid by the participants before the start of the webinar to the edudip GmbH. Once the payment is received by the edudip GmbH, it provides the participant with a link with which it is possible to participate in the booked webinar.
Via the system of the platform, bills of the bookings are sent automatically via email on behalf of the presenter to the participants. The teachers will automatically receive a copy of the respective invoice by email.
Participation fees are paid by the edudip GmbH to the trainer after the conduction of the webinar.
The edudip GmbH is technically able to determine whether a webinar was performed or not. If edudip determines through such a test that a webinar has not been held or if a teacher notifies edudip about a cancellation of a webinar that has already been booked, the claim of a teacher's withdrawal of the participation fee expires and in this case edudip reimburses the participants' registration fee in full return to the participants. This does not apply for a webinar that was deficient or not implemented in full length.