General Terms and Conditions of Trade
Educatis AG (Ltd.), Staldenweg 3, CH 6313 Menzingen/Switzerland
March 1st, 2022
Art. 1 Area of Application
The business relations between Educatis AG and its clients are governed exclusively by the general terms and conditions of trade specified in the following in the version valid at the time the service is ordered. Educatis AG is called in the following “Educatis”. Educatis does not accept any differing conditions introduced by the client unless Educatis has expressly given prior written consent to the application of differing conditions. The General Terms and Conditions of Trade of any partner institution are not included in these terms.
Art. 2 Conclusion of the agreement and withdrawal
An agreement between the client and Educatis is concluded with the written (online) application for a product (course or program) of Educatis. The agreement can be terminated in written form with a notice period of three weeks. With the cancellation of the agreement the client is deregistered.
Educatis is obligated to accept the orders placed by the client according to the conditions set forth on the website. Educatis has the right to withdraw from the contract in cases of errors in writing, printing, or calculation.
The client has no power of revocation for services transmitted (e.g., courses for download) or accessed (e.g., online lectures) online.
Art. 3 Delivery
Unless other agreements have been reached, the delivery of, for example of the e-learning content, is executed by download onto the computer or other device of the buyer (client).
Art. 4 Dues, Date and Payment, Refunds
The full purchase price is due immediately upon placing the order. Clients may pay using a credit card, money transfer, direct debit system or any other options offered online at the Educatis’ homepage.
The tuition fees paid for the online course, programs or other services are not refundable if they have been downloaded by the client.
Prepayments for in-class colloquia (residential seminars at a physical place) will be refunded only if the withdrawal is received in written at least 30 days before the start of the colloquia. A service fee of 50 Swiss Francs will be retained.
Clients who have been excluded from the seminar/course/program due to insufficient performance, especially in the event they fail examinations, submit inadequate seminar work or whose thesis does not meet minimum requirements, are not entitled to receive any refund on the tuition fees paid (online study material and examination or thesis fees).
It is in any case forbidden to re-sell any products (course material) and service provided by Educatis to third parties. Educatis reserves the right to take any appropriate legal action against this infringement.
Art. 5 Compensation, Retention
The client has the right of compensation only when his/her counterclaims have been legally determined or recognized by Educatis. The client is furthermore authorized to exercise his/her right of retention only if his/her counterclaim is based on the same contract.
Art. 6 Reservation of Title
Products supplied to the client shall remain the property of Educatis until the client has settled in full all claims.
Art. 7 Warranty for Defects and Liability
If the service/product sold by Educatis is defective within Educatis’ liability, Educatis has the right to choose to either correct this defect or to issue a replacement. If Educatis is not willing or able to correct a recognised defect or to issue a replacement for a recognised defect, or if Educatis is responsible for undue delay in correcting or replacing a defective service or product, or if correction or replacement fails for any other reason, the client has the right to choose to either cancel the contract or to demand an appropriate reduction in price. If an e-colloquium, which is proposed by the expert on certain data (from-to) via online conferencing software, cannot be carried out as a result of the exclusive fault of Educatis AG, the customer can either takes part in the replacement date or in a subsequent date or demand the reimbursement of the purchase price.
Any further claims on the part of the client — for whichever legal reasons — are precluded insofar as they are not the result of the stipulations set forth herein. Educatis therefore assumes no liability for defects that occur on products or services other than those sold. Specifically, Educatis assumes no liability for any profit lost or for any other property loss on the part of the client. Educatis assumes neither responsibility nor liability if the client makes any decisions or engages in any action based on any part of the website or on the acquisition of products purchased from Educatis. As far as Educatis liability is precluded or limited, this applies equally to the personal liability of employees, representatives, and agents.
In the event of a negligent breach of contract on the part of Educatis, its obligation to render compensation for property damages or personal injury is limited to the typical extent of the damage.
Art. 8 Applicable Law and Place of Jurisdiction
Swiss law is applicable for all product and services provided by Educatis with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Zug in Switzerland. For product and services provided by third parties the laws of the corresponding country are applicable.
Art. 9 General Disclaimer
Educatis does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements (collectively, the `materials`) contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this Web site (the `Service`), nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service (the `products`). You hereby acknowledge that any reliance upon any materials shall be at your sole risk. Educatis reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
The service and the material are provided by Educatis on an “as is” basis. Educatis expressly disclaims all warranties, expressed, or implied including without limitations warranties of merchantability and fitness for a particular purpose, with respect to the service or any materials and products. In no event shall Educatis be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the material, and the products.
Art. 10: Payment options
The payment options are specified in the online payment service. Usually, you can pay by credit card from Master Card or VISA or by bank transfer in favour of Educatis AG. We always ask you to provide the invoice number so that we can allocate payment.
IBAN: CH37 0483 5127 7313 5100 0 / BIC: CRESCHZZ63A
Our address: Educatis AG, Staldenweg 3, CH 6313 Menzingen, Switzerland
Trademark and Copyright
Educatis ® is a worldwide registered trademark of Prof. Dr. K. Theile GmbH, 6314 Menzingen Switzerland). Any infringement of the trademark rights will be legally pursued by the owner. The brands mentioned on the website are trademarks of the respective companies.
Copyright protects the layout and design of the offer and everything that can be seen, read, or bought on the websites of Educatis AG.
The further use and the duplication of the web pages and their contents are only permitted for private purposes, no changes may be made to them. Public use of the layout, information and design of the offer is only allowed with written consent of Educatis AG. It is forbidden to reproduce the web pages or parts of them by any means electronically or photo-technically or to sell them in any way to third parties.
The products (course materials, etc.) are subject to the copyright of the respective authors. In case of copyright infringement, Educatis AG and the authors reserve the right to take appropriate legal action and to claim damages.
It is prohibited to reproduce the products/services sold through this website by any means, electronically or photo-technically, or to sell them in any way to third parties. Educatis AG asks to report copyright infringements by e-mail.
Educatis respects the intellectual property of others.
We ask our users to do the same. Educatis may, in appropriate cases and at its own discretion, block the access/account of users who infringe the intellectual property of others. If anyone believes that their work has been copied in a way that constitutes copyright infringement or other violation of rights, please provide detailed information to Educatis.
Liability release clause
Educatis AG does not guarantee or warrant that the information provided on this website is complete, correct and in any case up to date. Educatis AG cannot be held liable for errors or omissions, except for those that are expressly warranted in the General Terms and Conditions of Trade.
This exemption from liability also applies to all connections (`links`) to which this website refers directly or indirectly. Educatis AG is not responsible for the design and content of a page reached by such a link. The operators of the linked pages are solely responsible for their content.
Educatis AG reserves the right – without prior notice – to make changes or additions to the information provided.
Educatis AG’s handling of personal data has been aligned with international principles and standards regarding transparency in the use of personal data, the observance and granting of rights of choice, access regulations, rules on data integrity, data security, data sharing and monitoring the lawfulness of processing. Educatis AG respects the data protection laws in the countries where Educatis AG does business.
Where required by applicable data protection law, we will also explicitly ask for your consent for the further processing of personal data collected on this website or provided by you.
The customer is hereby informed in detail about the nature, extent, location and purpose of the collection, processing and use by Educatis AG of the personal data required for the execution of orders, the registration for the e-mail notification service, the submission of an online review.
Collection and processing of personal data
Personal data is any information that relates to an identified or identifiable natural person. The decisive factor is therefore whether the data collected can be linked to a person. This includes information such as your name, address, telephone number and e-mail address. Information that is not causally related to your real identity – such as favourite websites or number of users of a site – is not personal data.
Educatis AG would like to better understand your wishes and interests and offer you an optimal service. Therefore, Educatis AG collects and uses personal information in the manner described below and in accordance with applicable data protection law.
All data Educatis collects is used exclusively for administration and for the efficient learning process. They are neither sold nor given to third parties outside the Educatis network.
Privacy Across the Entire Educatis Network
As a globally active company with many partners (teachers, consultants, researchers, companies, universities, and other organisations), Educatis maintains a variety of co-operations and websites. Information you submit to Educatis AG on any website is stored on a server in one country. We safeguard your privacy worldwide and abide by the terms and conditions set forth herein. Our employees must comply with the protection regulations.
Your data protection rights
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, their origin and possible recipients and the purpose of the data processing (Art. 15 DSGVO) and, if applicable, the right to correct incorrect data (Art. 16 DSGVO), delete this data (Art. 17 DSGVO), the right to restrict processing in accordance with Art. 18 DSGVO, to object (Art. 21 DSGVO) and the right to data portability of data provided by you in accordance with Art. 20 DSGVO). The restrictions according to §§ 34 and 35 BDSG apply to the right to information and the right to erasure.
Deletion of personal data
Each user can demand that personal data collected about him/her in the database be deleted. Please contact us by e-mail.
We would also like to use your data to inform you about our products and services or to ask for your feedback if necessary. Of course, participation in such actions is voluntary. If you do not agree, you can suspend the data accordingly.
Educatis AG uses a secure transmission method – the so-called `Secure Socket Layer`(SSL) – transmission to process customer data. All information transmitted using this secure method is encrypted before it is sent to us.
Changes may be made to this privacy statement and will be posted on this page in a timely manner.
For further information, suggestions, and complaints regarding the processing of your personal data, you can contact our data controller Konstantin Theile, Educatis AG, Staldenweg 3, CH 6313 Menzingen. If, despite our best efforts, the information is not correct and up to date, we will correct it at your request.
1. What Information Do We Collect and Why?
IP addresses are used to analyse malfunctions, to administer the website and to obtain demographic information. We also use IP addresses and, where applicable, other information that you have provided to us on this website or on other occasions to find out which pages from our offering are accessed and what topics interest our visitors. We use the knowledge gained to be able to offer you an optimised range of information on our products and services. Educatis collects such data only in anonymous form and will not link it to a registered user’s profile without the user’s consent. When visiting our website, only the domain name is recorded by default.
Educatis also registers IP addresses (and other technical information such as browser type) when you start a chat or colloquium session – for example, to admit you to a session, to adjust the display to your browser or for quality assurance reasons. However, without your explicit consent, we will not identify you in more detail via IP address.
Educatis only collects data in connection with your visit to the Educatis site. We do not collect personal data in connection with your visits to the websites of other companies or organisations that do not belong to the Educatis Group.
Cookies are small pieces of information that facilitate the use of our online services. They are stored by your browser on the hard drive of your computer. Of course, you can also shop at Educatis AG without these cookies. However, they enable us to offer you comfort functions. Our cookies do not contain any person-specific information, so your privacy is protected. Most web browsers accept cookies automatically. However, you can change the settings of your browser to avoid this.
If you choose to register, we can send you requested information or products, other product information, news, or promotions.
If you give us your e-mail address, we can communicate with you. We do not transfer your e-mail address to third parties outside the Educatis network except for when you explicitly purchase third party services. Check the settings of your e-mail program, as it may automatically transfer information about you to us when you send e-mails to Educatis. You can opt out of receiving e-mails at any time.
Shopping or Event Registration
On our website you will find forms for the registration and purchase of products and/or services. In these forms you will, unless the payment is settled via a payment service, provide us with information about your bank account or credit card. This information will only be used for billing and the payment process.
Our surveys may ask you for demographic information, such as postal codes or your industry sector. If the online survey collects contact data, we may use that data to send you further information only if we specifically asked for your permission in the survey. You are free to retract any permission you gave.
If you have expressly consented, we will use your e-mail address and voluntary personal details to send you our newsletter on a regular basis. To receive our newsletter, it is sufficient to provide an e-mail address. The additional voluntary information about your person is only used to personalise the newsletter. At the end of each newsletter, you will find a link that allows you to unsubscribe from the newsletter at any time.
Links to Other Sites
We would like to expressly emphasise that we have no influence whatsoever on the design and content of the linked pages of third parties. Therefore, we hereby expressly distance ourselves from all contents of the linked pages on this website. This declaration applies to all links on our pages.
You can opt out of receiving e-mail communications from us whenever you like. You only need to e-mail us to have your name and details removed from Educatis e-mail list or registration database. Thereafter however we may not be able to deliver certain services or products.
Web analytics service
We use Google Analytics, Google AdWords, Google Conversion Tracking and other web analytics services that – like us – comply with all legal requirements.
Use and application of YouTube
YouTube is a Google Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all kinds of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.
Educatis maintains an online presence on YouTube to present our company and our services and to communicate with customers/interested parties. Furthermore, Educatis AG uses the video portal in connection with seminars and colloquia.
We explicitly point out that there is the possibility that data of the users are processed outside of Switzerland and the European Union, especially in the USA. This may pose increased risks for users in that, for example, it may be more difficult to access user data later. We also do not have access to this user data. The access possibility lies exclusively with YouTube. YouTube’s data protection information applies.
Use of social media.
To advertise our products and services and to communicate with interested parties or customers, we operate company presences on many social media platforms such as Facebook, Instagram, WhatsApp, Twitter, or LinkedIn. The respective data protection regulations of these platforms apply.