TERMS AND CONDITIONS
Franklinstrasse 27, 10587 Berlin, Germany
Managing Director: Dr. Jürgen Laartz
Commercial Register: Amtsgericht Charlottenburg HRB 214807B
VAT identification number: DE285534946
(1) These General Terms and Conditions (GTC) provide the basis for the user contract between you and Candena GmbH (hereinafter: “Candena”, ‘’CANDENA” or “we”). The online admission process and use of the user account available under this website and the Candena digital campus constitute the subject of the contract (hereinafter together “Application”). Such version of the GTC shall apply as had applied at the time at which the contract was entered into.
(2) The GTC are available and accessible on our webpages at all times via the link “GTC” located at the lower end of the page. There you have the option to save or print the GTC.
(3) We do not accept conditions that deviate from or contradict those provided in the GTC. This also applies when we do not explicitly object to their inclusion.
Registration and Conclusion of Contract
(5) By clicking the button “Submit”, you make a binding offer to enter into a contract for use of the Application against payment. The user contract between us and you comes into being when we accept your offer via a confirmation e-mail. We explicitly retain the right to reject your offer without stating reasons.
(6) Until you have clicked the “Submit” button, you can abort the procedure at any time and correct possible input errors.
(7) At the end of the registration process, you create a user account. You are obliged to treat your password in strict confidence and to take necessary care to ensure that third parties have no access to it. Granting access to third parties is explicitly prohibited.
2. SCOPE OF APPLICATION
(2) The version of the Terms at the time at which the contract was entered into will apply. The Terms apply to the entire business relationship between CANDENA and you. We do not accept conditions that deviate from or contradict those provided in the Terms. This also applies when we do not explicitly object to their inclusion.
3. CONDITIONS OF USE
(2) The Access Data must be treated confidentially and may not be disclosed either to other Users or any other third parties. Should a User suspect that a third party knows or is using his Access Data, the User must inform CANDENA without delay so that his Access Data can be blocked.
(3) You alone are responsible for the contents you create within the Application and are obliged to make regular backups of said content. You must ensure that the contents do not violate the rights of third parties.
4. PRICING, PAYMENT AND DELIVERY
(1) When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course. You hereby consent to the receipt of an invoice, which shall be sent to you in electronic format, to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
(2) In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs. Any VAT or other applicable taxes payable in addition to the Course fees will be identified in your invoice or information pack and such amounts are your sole responsibility unless the contrary is stated.
(3) When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
(4) Suspension for non-payment: If you fail to make payment for a Course by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Course or suspend your participation in the Course at our sole discretion. If you are suspended from participation, you will not be permitted to access the Online Campus until such time as the outstanding payment has been made by you, and you will be given a period of time within which to rectify non-payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the course and you will not be entitled to any refund. Under no circumstances will students be permitted to continue with a Course following the release of final marks in respect of that Course.
(5) If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the Online Campus or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
(6) Cancellation of registration: If you wish to cancel your Course registration, you will need to contact us to discuss your intention. Your Success Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the cancellation, you will be required to complete and submit a cancellation of registration form, which will be provided to you by your Success Manager. You will be entitled to a full refund of your Course fee if you request cancellation of registration with your Success Manager before the start of the course. Once the course has started, no refunds will be processed for cancellation of course registration.
(7) Should you wish to drop out of a running course once the course has started, you are entitled to partial payment of 50%, assuming you have informed us within one month of course start. In this case, please contact your Success Manager to discuss the best course of action for you. Under special circumstances, should you drop out after the first month, we may offer deferral to a next course run within the next 6 months. These special circumstances are outlined in the Student Handbook regulating this course and should be discussed with your Success Manager.
(8) If you wish to defer your Course to the next scheduled presentation of that Course, you will need to contact your Success Manager to discuss this intention. Your Success Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the deferral, you will be required to complete and submit a deferral application form (which will be provided to you by your Success Manager). Deferral of Course registration will only be processed once (no repeat deferrals will be permitted), only to the next scheduled presentation of the applicable Course, and all applications for course deferral must be made before the Course has commenced. We do not guarantee that future presentations will be held and if you choose to defer to the next presentation, you do so at your own risk. However, no refund will be issued for deferral nor will additional fees be charged.
(9) We reserve the right to cancel a Course if there is insufficient demand, as determined by us at our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
5. SCOPE OF PERFORMANCE
1) Upon successful registration pursuant to § 3 of these Terms, CANDENA will provide Users with access to the Service. CANDENA will endeavour to keep the Service available during normal business hours in Germany (CET) and to carry out routine or necessary maintenance work on the Service outside of normal business hours to the greatest extent possible. However, breakdowns of the server or other disruptions of the Service can also occur in the course of regular business operations during normal business hours and there is no claim to permanent availability. CANDENA will not be responsible for disruptions in the Internet or due to other causes beyond its control (force majeure, strikes, legal requirements, or other reasons). CANDENA will endeavour to keep the content offered through the Service up-to-date.
(2) CANDENA reserves the right to temporarily deactivate and/or to delete user profiles if there is a suspicion of a breach of these Terms. In the event of a deletion, any usage fees paid in advance will be reimbursed to the User on a pro-rata basis. In as far as this serves to technically advance the Service or is necessary to prevent abuse, or if this is necessary due to legal requirements, CANDENA shall at all times have the right to extend, restrict, change or delete the Service, or to carry out improvements. This may change the appearance of the Service’s pages.
(3) CANDENA always ensures the highest possible degree of Service availability. Notwithstanding, it can be necessary to temporarily suspend availability for maintenance purposes. Where possible, we will notify you in advance in a timely manner of any maintenance schedules and shall design the latter in a fashion that causes the least possible impairment.
6. RIGHT OF USE
(1) Any use or exploitation of any content that is provided to the User by the Service beyond these Terms is not permitted. The User is permitted to use the Service and content that is provided through the Service only for his own education. Protection notices, as well as copyright notices and other reservations of use, must be complied with at all times and retained unchanged in every reproduction. For avoidance of doubt, this also applies to any reproduction of the Free Content. Nor may the User sublicense the rights granted to the User to third parties. Notwithstanding the rights granted under these Terms, CANDENA, or the respective licensor of CANDENA as the case may be, reserves all rights to CANDENA and the content provided to the User by way of the Service.
(2) The User shall be solely responsible for the content he uploads, publishes or displays within the Service (“User content”). You understand and agree that CANDENA may, but is not obligated to, review the User content and may delete or remove (without notice) content which violates these Terms or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others (see § 7 section 1).
7. PROHIBITED TYPES OF USE
(1) The User shall be prohibited from manipulating the Service with software bugs or other files or programmes which are intended or suitable to interrupt the functioning of computers, software or hardware or of telecommunication equipment, or to destroy or limit the offers and/or the functioning of the Service.
8. PERSONAL EXAMINATION RESULTS
(1) The User undertakes to take the assignments given in the course of the Programme to monitor the User’s achievement of learning goals personally but in collaboration with the User’s team and without impermissible aids. Should the User violate this rule, CANDENA can block the User’s access to the Service and disqualify the User.
Proper conduct is regulated by the Student Handbook. The Student Handbook will be available upon the start of the course.
9. CONTENT GENERATED BY USERS
(1) To the extent CANDENA makes it possible, the User can create and store his own content in the Service and exchange views with other Users about such content (e.g. in forums). The User is responsible for securing this content himself. CANDENA bears no liability for any loss of such content.
(2) The creation, use or storage of content that is defamatory, insulting, threatening, obscene, racist, degrading, and disrespectful of religion, against common decency (contra bonos mores) or in violation of fundamental democratic values or statutory provisions will be impermissible, as well any references to such content by way of links or other identification of websites. Copyrights, trademarks and other intellectual property rights of third parties must always be respected when creating content. Statements by users in forums, chat rooms, etc. reflect only their personal opinions and do not constitute official positions of CANDENA. Should CANDENA learn that the User is acting in violation of his obligations pursuant to these Terms, CANDENA will be entitled to block or delete the content and/or the User. In case of a suspected violation, CANDENA may call upon the User to render a statement on this within a short period of time. Should the User not be able to prove the lawfulness of the content within this period of time or if the User does not present a declaration by the presumed injured party that he or she tolerates the content in question, CANDENA will block the content and has the right to delete it permanently.
10. RIGHTS OF CANDENA TO USER CONTENT
(1) Subject to the terms of this Agreement, the User hereby grants and assigns to CANDENA a royalty-free, paid-up non-exclusive, irrevocable, perpetual worldwide, transferable, sublicensable licence including a right to use any content (including photos, essays, drawings, etc.) that the User creates and stores in the Service for the purposes and the further development of the Service or any future forms of the Service and related offers. This includes, but is not limited to, the right to copy the content, to disseminate or demonstrate the content, to transfer the content via transmission lines wirelessly or by any other means and/or to make the content accessible to the public or distribute. Also included is the right to amend, alter, translate or otherwise to rewrite, reproduce, enhance, further develop the content and use such content in the amended form to the same extent as in the original form. This clause shall survive any termination of the user contract.
(1) In the event of a breach of material contractual duties (cardinal duties), CANDENA will be liable for reimbursement of expenses and damages (together: “Damages”). Cardinal duties are all duties, the breach of which endangers the achievement of a contract’s purpose, as well as all duties, the fulfilment of which enables the proper performance of the contract in the first place and on compliance with which the User may generally rely. However, if the breach of a cardinal duty was merely due to slight negligence and did not lead to injury to life, limb or health, claims for Damages will be limited in amount to the typical foreseeable damage.
(2) CANDENA will additionally bear liability in cases of intent and gross negligence, for injury to life, limb or health, or if it has assumed a guarantee, as well as in all other cases in which liability is mandatory by law, in each case in accordance with the statutory provisions.
(3) Otherwise, claims against CANDENA for Damages – regardless of their legal basis, in particular due to a breach of duties arising from these Terms by CANDENA, its legal representatives, employees or vicarious agents, under the Civil Code of Germany or due to tort – are excluded.
(4) To the extent CANDENA’s liability is limited or excluded under the above provisions, this will also apply for the personal liability of its legal representatives, employees and vicarious agents.
12. INDEMNIFICATION AND WARRANTY
(1) The User guarantees and warrants that he will comply with these Terms and that, when using the Service, he will comply with all applicable laws and other legal provisions valid in Germany. The User hereby indemnifies CANDENA, its authorised representatives, managers, employees, affiliates and subcontractors from and against any and all claims, liability claims, damages, law suits or actionable claims (including reasonable lawyers’ costs) which result from a breach of the User’s representations, warranties or obligations set out in these Terms.
(2) The User is obliged to notify CANDENA immediately as soon as he realizes, or is in a position to realize, that a violation of such nature is about to occur.
(1) The User undertakes to maintain confidentiality with regard to any and all confidential information to which the User receives access in connection with the use of the Service. Confidential information is information that is either marked by CANDENA as protected or confidential or otherwise designated as such in writing, or information that, given the circumstances of its disclosure, the User can reasonably recognize as evidently confidential. Confidential information comprises in particular, but not only, the Access Data (§ 3 of these Terms).
(2) The above obligation to maintain confidentiality will not apply if and to the extent the information in question demonstrably (i) is public knowledge or becomes public knowledge without the User having been at fault or violating this secrecy obligation, (ii) is or becomes state of the art, (iii) was already known to the User at the time it was conveyed, which must be proven by documents evidencing such knowledge, (iv) was or is later lawfully made known or accessible to the User by a third party, (v) must be disclosed on the basis of statutory provisions or enforceable official orders or judicial decisions. The User as the recipient of the information bears the burden of proving the existence of such an exceptional situation.
(1) Each party can terminate the contractual relationship, which is based on these Terms, at any time with thirty (30) days’ notice. Notice of termination must be given in text form (in writing, no signature required; e.g. e-mail)
(2) The right to terminate for cause is not affected by the above provisions. In particular, CANDENA reserves the right to terminate the user contract with immediate effect if the User substantially violates the provisions of these Terms.
15. DATA PROCESSING INFORMATION
16. FINAL PROVISIONS
(2) The English version of these Terms shall prevail over any translations into other languages. The language of contract is English.
(3) Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. In the case of an omission, that provision shall be deemed to be agreed upon which would have been agreed upon, according to the purpose and meaning of these Terms, had the parties considered the matter from the outset.
(4) We reserve the right to modify these Terms at any time. We shall inform you whenever such modifications are made. You are deemed to be in agreement with the modifications if you do not provide objection within (2) weeks of being notified thereof. Should you not agree to the changes, the contractual relationship will continue to the previously applicable conditions until it expires, or can be terminated by us. Should you wish to return to use of the Service, you will only be eligible for use under the conditions that are current at that time.
(5) We are entitled to transfer, with exempting effect, all of the duties and obligations covered by these GTC, entirely or partially, to a third party. You hereby already agree to such transfer of contract. You have the right to extraordinarily terminate your contract immediately should we avail ourselves of such a transfer.
(6) If you have no place of general jurisdiction in Germany or another EU member state, or if you have moved your place of permanent residence to a country outside the EU since these Terms came into effect, or if your domicile or the place you usually reside is unknown at the time at which the lawsuit is commenced, the exclusive place of jurisdiction for all and any disputes arising from this contract shall be Berlin, Germany. The same applies if the contract partner is a merchant, a legal entity under public law or a public fund.
(7) Any changes or amendments to these Terms must be made in written form. The requirement of the written form shall also apply to the cancellation or revocation of this requirement.
(8) You are not entitled to set counterclaims off against claims of CANDENA, unless such counterclaims have been established by a final and conclusive court ruling or are undisputed.