General Terms and Conditions (AGB)
Preamble
The Nour Academy aims to support its students in achieving their learning goals by imparting well-founded and authentic knowledge. Particular emphasis is placed on high-quality knowledge transfer in order to make a lasting contribution to the professional and personal development of the students.
Knowledge transfer can take place at on-site events but also remotely via various media (e.g. Discord server, online meetings, via recorded distance learning courses and videos) and free of charge as well as at predetermined fees.
Since part of our purpose and our task is to communicate and disseminate our knowledge and findings beyond the boundaries of the events, these events also serve the purpose of generating image, video and sound recordings in order to subsequently disseminate them in the media via all channels available to us (e.g. Discord server, Instagram, YouTube, our own website). There is always the possibility that you will be recorded and that these recordings will also be distributed as described above.
§ 1 Scope of application
(1) These General Terms and Conditions apply to all forms of use of the events offered by the provider (Mohanned Ayub, Nour Islam Akademie, Kruppstraße 76, 42113 Wuppertal). These events may be, for example, seminars, courses, meetings and recordings of any kind that can be called up.
(2) These General Terms and Conditions shall apply exclusively. General terms and conditions, including any terms and conditions of purchase of the contractual partner or participant (hereinafter cumulatively referred to as "Participant") shall not apply and are hereby excluded. The Participant's contractual terms and conditions shall not become part of the contract even if the Provider does not expressly object to them.
(3) By placing an order or registering, the participant agrees to the validity of these General Terms and Conditions.
§ 2 Conclusion of contract, availability of events
(1) The prices, price offers and descriptions quoted or mentioned do not constitute an offer and may be withdrawn or amended by the supplier at any time prior to the express acceptance of the order.
(2) Although the Provider endeavors to ensure the availability of the events, it cannot guarantee that all events can be provided at the time of the order. If the Provider is unable to process or fulfill the Participant's order, the Provider may reject it without further liability. In this case, the Provider shall inform the Participant of this and refund any payments already made for the product or, in individual cases, offer to credit these for future events.
(3) An order placed by the Participant constitutes an offer to the Provider to participate in the event selected by the Participant under these Terms of Use. All orders placed by the Participant are subject to subsequent acceptance by the Provider. Orders are preferably placed via the processing system provided on the website (WooCommerce), although other forms of ordering are also possible under the aforementioned conditions.
(4) The provider only effectively accepts the offer and the contract is only concluded when the purchase or order has been confirmed.
§ 3 Access to the events and obligations of the participant
(1) Access to the remote or online events is generally password-protected by means of remote data transmission.
(2) The access data is only valid for one user.
(3) The participant is obliged to keep the access data and passwords secret and to prevent unauthorized use of the events by third parties.
(4) In the event of misuse or late payment, the provider is entitled to block access.
(5) The participant is liable for any misuse for which he/she is responsible.
(6) The participant is responsible for creating the technical requirements for access to the events, in particular with regard to the hardware and operating system software used, the connection to the Internet including ensuring the required connection speed, up-to-date browser software and acceptance of the cookies transmitted by the provider's server, and in this respect bears all costs in connection with the fulfillment of these requirements. The provider will inform the participant on request about the browser to be used in each case.
(7) In the event of further development of the software platforms and other technical components of the system by the provider, the participant is responsible for making the necessary adjustments to the software and hardware used by the participant independently after being informed by the provider (e.g. by means of a browser update).
§ 4 Scope of services, restrictions on use, authorization of the provider to make changes
(1) The contents accessible to the participant within the framework of an event are defined in the service description, which also specifies the agreed nature of the events.
(2) The provider is entitled to change, restrict or replace the content of the events and to modify the content of modules appropriately, in particular to reduce or expand them appropriately.
(3) Statements and explanations about the events in advertising materials and on the provider's website and in the documentation are to be understood exclusively as a description of the quality and not as a guarantee or assurance of a property.
§ 5 Rights of use, period of use, consequences of misuse of rights of use
(1) Within the framework of the contract of use and the following provisions, the participant receives the non-exclusive right to participate in the event ordered, which is limited to the duration of the contract of use and is not transferable to third parties.
(2) The right to participate during the term of the contract includes access to the contractual event and the authorization to retrieve (online) learning content on a data-processing device (computer) belonging to the participant or a third party for the participant's own learning and participation purposes.
(3) The right to participate is limited to the participant. The content accessed may only be used by the participant for his/her own purposes.
(4) Any commercial transfer, in particular the sale, renting, leasing or lending of events, their content, videos or documents, is not permitted.
(5) The provider is entitled to take technical measures to prevent use beyond the contractually permitted scope, in particular to set up appropriate access blocks.
(6) The participant is not entitled to use devices, programs or other means that serve to circumvent or overcome the provider's technical measures. In the event of a breach by the participant, the provider is entitled to block access to events immediately and to terminate the contract without notice. Further rights and claims of the provider, in particular claims for damages, remain unaffected.
(9) The license agreement does not cover the statutory right to make a copy in accordance with § 53 UrhG.
§ 6 Rights of the provider
(1) The content provided by the provider is protected by copyright.
(2) All rights arising therefrom, in particular those of reprinting, translation, reproduction by photomechanical or similar means, storage and processing by means of EDP or their distribution in computer networks - even in extracts - are reserved by the provider or the authors and license holders.
(3) The participant does not receive any ownership or exploitation rights to the content provided.
§ Section 7 Remuneration, adjustment of remuneration, terms of payment
(1) The remuneration to be paid by the participant for participation in an event or series of events is set out in the respective service description.
(2) The remuneration shown does not include the privacy option, which can be deactivated during order processing.
(3) Payment for participation in an event or series of events must be made in advance.
§ 8 Privacy option
(1) The participant and the persons registered by the participant shall receive remuneration in the amount of EUR 20.00 for the recording and dissemination purposes specified in the preamble and data protection declaration, which has already been deducted from the stated remuneration. In accordance with § 22 KunstUrhG, consent for recording and distribution is therefore deemed to have been granted.
(2) This "privacy option" also applies to events that are otherwise free of charge.
(3) It is possible to deselect the privacy option as part of the order processing, which increases the stated remuneration per person and event to be registered by the aforementioned amount.
(4) If the privacy option is deselected, each person affected by the deselection waives the right to freely choose their seat, to express themselves in the context of the events and to all other forms of statements and self-presentations that could find their way into a recording.
(5) If a person breaches the conditions set out in paragraphs (1) to (3) above, consent for recording and dissemination shall nevertheless be deemed to have been granted retrospectively with knowledge of this fact.
§ 9 House rules, arrival, accommodation
(1) The participant undertakes to observe the house rules and fire safety regulations of the building in which the event is taking place, as well as any smoking bans.
(2) The participant must observe the rules of participation (netiquette) for virtual training courses. In the event of a breach of netiquette, the provider is free to exclude the participant from participation in the continuing education offer and to refuse registration for future continuing education offers. The provider is responsible for assessing the severity of the violation.
(3) The participant is responsible for booking any travel and accommodation. The provider will inform the participant about accommodation options on request and in good time.
§ 10 Liability for defects, guarantees and warranties
(1) The participant must notify the provider immediately in writing of any defects, faults or damage that occur.
(2) The provider shall rectify defects within a reasonable period of time after receiving a comprehensible description of the defect from the participant.
(3) A right of termination due to failure to grant use in accordance with Section 543 (2) No. 1 BGB only exists if the defect is not remedied within a reasonable period of time or is deemed to have failed.
(4) No guarantee is given that attendance or use of the events will not infringe the property rights or copyrights of third parties or cause damage to third parties. The provider is not aware of any such rights to date.
(5) Should a change of lecturer be or become necessary in exceptional cases, this change shall not entitle the participant to withdraw from the contract or to reduce the fee.
(6) Any applicable discounts cannot be combined.
§ 11 Limitation of liability
(1) The liability of the supplier for damages and reimbursement of expenses is limited to the purchase value, irrespective of the reason for liability.
(2) The strict liability of the provider for defects already existing at the time of conclusion of the contract pursuant to Section 536a (1) first half-sentence BGB is excluded.
(3) The limitation period for claims for damages shall be governed by the statutory provisions.
(4) The above provisions shall also apply in favor of the provider's employees and vicarious agents.
§ 12 Termination of contracts, withdrawal, termination, cancellation costs
(1) The agreed event has a fixed time or a fixed duration, which is specified for each event or series of events.
(2) The right of each party to extraordinary termination for good cause remains unaffected.
(3) Upon termination of the contract, the provider is entitled to immediately block the participant's access to the respective event.
(4) Any termination must be made in text form, in the case of extraordinary termination for good cause, stating the reason for termination. Non-use of the Online Academy shall under no circumstances be considered a reason for termination.
(5) No payments will be refunded if events are canceled.
§ 13 Right of withdrawal
(1) If a participant acts as an entrepreneur in the exercise of his commercial or independent professional activity, there is no right of withdrawal.
(2) If a participant acts as a private individual, he/she has the right to cancel within fourteen days without giving reasons, provided that he/she has not already taken part in the event to be canceled or has not already profited from it.
(3) To exercise the right of withdrawal, you must inform us by e-mail of your decision to withdraw from this contract by means of a clear statement.
(4) If you withdraw from your contract (consequences of withdrawal), we will refund all payments we have received from you under the aforementioned conditions immediately and at the latest within fourteen days from the date of your withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction.
§ Section 14 Choice of law, place of jurisdiction, collateral agreements, written form
(1) Legal disputes arising from or in connection with this contract shall be governed exclusively by German law.
(2) For merchants or persons without permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract shall be Wuppertal.
(3) There are no verbal collateral agreements.
(4) Supplementary or deviating agreements must be in writing to be effective. The written form requirement can only be waived by written agreement.
(5) Online dispute resolution pursuant to Article 14 (1) sentence 1 of Regulation (EU) No. 524/2013 (ODRVO): The European Commission provides a platform for online dispute resolution, which can be accessed at www.ec.europa.eu/consumers/odr.
Status: 20.11.2024
