This "General Terms and
Conditions" text is the translation of the original text
"Allgemeine Geschäftsbedingungen" which is written in German. In
case of a conflict the German version of this text takes priority
over this translation.
General Terms and Conditions of
of avilano GmbH
of the General Terms and Conditions (GTC)
and Contract Closure
Obligations When Setting up Class Offers, Class Want Ads, and
Relationship Between Live-online Instructors and Live-online Learners
Virtual Conference Room
of Fees and Delay
of Remuneration for Classes to Live-online Instructors
Exclusion of Set-off
Liability for Users' Statements
and Restriction of Liability
Fulfillment and Place of Jurisdiction
Validity of the General
Terms and Conditions (GTC)
(avilano in the following) operates an Internet portal for
live-online instructors and live-online learners. When live-online
instructors and live-online learners are named together, they are
called "users". The significant characteristics of service and
information concerning closure of contract can be found under
Our GTC are exclusively valid;
we do not recognize contradictory or differing conditions of users
unless we have specifically agreed to them in writing. Our GTC are
also valid if we provide unrestricted service to the users despite
knowledge of contradictory or differing conditions.
All agreements that are made
between us and our customers for the purpose of the implementation
of this contract are laid down in these GTC.
Each user declares her/his
agreement with these GTC by registering with avilano. Every user is
able to take note of the GTC when registering and confirms their
inclusion in the contract by registration.
Our GTC are also valid for
future contracts between avilano and users, even if the special
inclusion of the GTC does not take place at conclusion of these
avilano can change the GTC at
any time in the future without naming reasons. The updated GTC will
be sent to users by e-mail two weeks before they go into effect.
If the user does not protest the validity of the updated
GTC within two weeks of receiving them, the updated GTC are
considered accepted. avilano will remind the user of the importance
of the two week time limit in the e-mail that contains the updated
If the user protests against
the validity of the GTC, avilano can terminate the
existing contractual relationship for cause, excluding all damage claims and
deleting all stored data from her/his membership account. avilano
will inform the user of the possible consequences of a protest in
the e-mail that contains the updated conditions.
Registration and Contract
Each user who would like to
establish contact with other users, or use a conference room, or
publish a profile, a class offer or a class want ad, by way of the
avilano website must first register by using the form provided by
avilano. The data in the required fields must be given completely
By registering, the user
offers to enter into a contract for the use of the avilano website
("contract of utilization" in the following).
A claim for entering into
a contract of utilization does not exist.
Registration is only possible
under following conditions:
For live-online instructors:
that these are natural
persons; legal persons or other institutions (e.g. schools) may
register as well, but are not allowed to hold classes; they may
only act as recipients of bills or as contact negotiators;
they must designate natural persons to act on their behalf for
that these are at least 18
that these are able to
structure the classes that they offer professionally.
For live-online learners:
that these are natural
that these are at least 18
years old; live-online learners who are not yet 18 years old must
have the permission of a parent or guardian for registration. In
order to document their permission understandably for avilano,
parents/guardians must first register themselves with avilano.
They must then name the children as persons who may act in their
stead, either voluntarily or upon request of avilano. The
underage live-online learners must name the parent/guardian when
avilano is entitled to verify
the identity and the required data before accepting the offer
by requiring a copy of the identity card or a similar
document. avilano reserves the right to verify the data provided by questioning
parents/guardians. The proof can be made available by mail, as a
PDF file or as a JPEG file.
the option of voluntarily submitting proof of the statements they
have made; this is shown in the profile after avilano has verified
and after the fee (www.avilano.com/en/prices/)
has been paid. The following proofs can be submitted in English,
French, German, or Spanish:
Simple proof of identity
(submission of simple copies);
Qualified proof of identity
(submission of certified copies);
Simple proof of qualification
to instruct (submission of simple copies);
Qualified proof of
qualification to instruct (submission of certified copies).
avilano can accept the user's
offer by activating access to the membership account.
If the given data changes
after registration the user is obligated to correct the data in
her/his membership account immediately.
Each user guarantees that all
information given to avilano by her/him is truthful and describes
only her/himself. This also applies to documents sent for
clarification of identity or qualification as well as for submitted
Users choose a membership name
and password when registering. The membership name may not consist
of an e-mail or Internet address nor harm the rights of third
persons – especially no name or trademark rights – and may not
violate moral standards.
Users must keep their password
secret and access to their accounts secure. Users are
obligated to inform avilano immediately if there are signs of
misuse of a member's account by third persons or if third persons
have gained unauthorized access.
avilano will not allow third
persons to access a member's account – except in the case of a
legal obligation – and will not ask a member for her/his password
by e-mail, telephone, or other communication form.
Users are always liable for
all activities that are undertaken by use of their membership
accounts. If the user is not responsible for the misuse of her/his
membership account because there was no violation of the existing
responsibility, the user is not liable.
may register and set up a profile only once, according to number
Each user may offer as many class offerings and class want ads as s/he
avilano reserves the right to
deactivate membership accounts that result from incomplete
registration or incorrect or not corrected registrations
(especially false e-mail addresses) after one week. If the false
data is not corrected after a further time limit, avilano has the
right to cancel the contract of utilization and to delete all data.
The contract is entered into for an
The contractual parties have
the ability to cancel the contract with two weeks' notice
at the end of a month. A cancellation is only possible when booked
virtual classes are ended.
The right to extraordinary
cancellation of membership for important reasons remains unaffected.
An important reason exists
user protests against new GTCs according to number 1.7,
circumstances of number 2.15,
user violates GTC terms of number 2.1
user violates GTC number 4,
if the user has fallen behind
with payment for fees for two consecutive appointments or within a
period of time that goes beyond two appointments, for which the
fee is equivalent to the fees for two months.
avilano offers users the
possibility of booking payable services for a longer period of time
in order to achieve a price or service advantage. The following
special regulations apply when closing such a contract:
The time period of a contract
term is 1, 3, 6, or 12 months (basic contract term). The exact
term length will be given when the service is ordered.
If the contract is not
canceled two weeks before it currently ends, it will automatically
be extended for a further basic contract term.
also applies for the time period of each contract extension.
Each cancellation can take
place by e-mail, by notification in the personal area, through a
button in the personal area, or by mail.
avilano reserves the right to
initiate prosecution especially in the event of false statements or
Users' Obligations When
Setting up Class Offers, Class Want Ads, and Profiles
avilano offers users the
ability to set up class offers and class want ads for a limited
time as well as profiles in the entry form provided, which can then
be viewed by other users.
avilano reserves the right to
undertake measures that delay or prevent the publishing of
profiles, class offers and/or class want ads for security reasons,
though it has no legal obligation to do so.
avilano is entitled to move
class offers or class want ads that have been placed in the wrong
category to the correct category.
Users are responsible
for data or information they place in their
profiles, class offers and class want ads.
Users may use only English,
French, German, or Spanish when setting up profiles, class offers,
and class want ads. Entries or parts thereof that are not in one of
the allowed languages may be deleted by avilano.
When setting up offers, want
ads and profiles, users may enter only the data requested in the
form. Contact information in particular may not appear.
Users obligate themselves:
to propagate no contents on
the avilano website that violate criminal law or other legal
to set up their profiles,
offers and want ads according to valid laws, especially – if
necessary – to set up and maintain an impressum themselves and –
if necessary – to set up their class offers according to the
regulations in §§ 312 f. BGB, BGB-InfoV and the
Law for the Protection of Correspondence Courses.
to use no pictures that
violate the rights of third persons or do not refer exclusively to
the profile when setting up profiles.
to refrain from any comments
that are offensive, discriminating, or hostile to foreigners.
to adhere to valid laws when
using the avilano website. Each user is responsible her/himself to
ensure that her/his profile, the offers and want ads and their
contents are lawful and do not violate the rights of others.
to ensure that the net
infrastructure or parts thereof are not overloaded by excessive
Use of the
avilano website for other purposes than those described in the
"Significant Characteristics of Service"
especially advertising for other purposes or setting up personal
contact ads, is prohibited. Advertising for other learning or
conference systems or their use in classes is especially
prohibited. This prohibition is valid for all areas in which users
can publish information, i. e. class offers, class want ads,
profiles and conference rooms.
Users may not utilize
mechanisms, software, or other scripts in connection with the use
of the avilano website that could interfere with the functioning of
the avilano website or disturb other users.
Users may not block, overwrite
or modify contents generated by avilano nor interfere with the
avilano website in any other way.
Users may not use addresses,
contact data and e-mail addresses which they have received through
using avilano for other purposes than for contractual and
precontractual communication. Sale or usage of data for advertising
is especially prohibited unless the user has specifically agreed in
Users agree in advance to the
immediate deletion of contents by avilano in the event of
violation. Users exempt avilano from all claims by third parties.
Each user must pay a
contractual penalty of 1,000.00 € to avilano in the event of
violation of the obligations named under this number (4
). This does not
apply if the user is not responsible for the violation.
Each user who discovers
inadmissible entries is requested to report these to avilano by
using the "report button".
avilano offers users the
option of utilizing various forums.
regulations given under number 4
apply to the use of the forums.
Unregistered users can view
only the freely accessible area of the avilano website.
Registered users can view the
profiles of live-online instructors, their class offers, and class
want ads of live-online learners and also contact other users by
way of the contact button.
Registered users can enter
class offers as live-online instructors or class want ads as
live-online learners by using the prepared form. They can also set
up their own profile by using the form provided by avilano.
instructors and live-online learners can contact each other and
negotiate the implementation of class units by using the "class
avilano itself offers no
instruction services. avilano itself is not the contractual
partner in contracts concerning classes, which are entered into only
between registered live-online instructors and live-online learners
of the learning platform. The fulfillment of these class contracts
entered into within the learning platform occurs only between users.
users can book the virtual conference rooms provided by avilano and
use them for the realization of classes, for example. See number 8.
currently operates the Internet portal for live-online instructors
and live-online learners under the Internet address
The operation of the Internet portal under a specific Internet
domain is not an essential component of the contract. avilano
reserves the right to operate the Internet portal under a different
domain. avilano will ensure that the changed domain location is
accessible by link from the original domain unless avilano is
prohibited from use of the current domain by a third party.
Between Live-online Instructors and Live-online Learners
avilano provides the learning
platform so that contractual negotiations and the closing of
contracts between live-online instructors and live-online learners
are possible. The contractual conditions are to be negotiated
separately between live-online instructors and live-online
learners. It is also possible for a live-online instructor to
negotiate group classes for multiple live-online learners.
avilano recommends that
live-online instructors investigate the financial standing of
live-online learners before closing a contract. avilano can not be
held responsible for live-online learners' financial standing.
avilano recommends that live-online instructors, when in doubt,
enter into a contract with live-online learners only after they have
proven their creditworthiness.
avilano will verify data given
at registration only within limits, since the identification of
persons in the Internet is only partially possible. It is possible
that false contact data was given for a membership account despite
various security measures. This also applies in the event that
proof was sent and examined by avilano, since misuse cannot be
entirely excluded. Each member must convince her/himself of the
identity of her/his contract partner.
The remunerations for classes
by the live-online instructor for the live-online learner depend on
the contract entered into between the live-online instructors and
live-online learners. Payment is owed exclusively between
live-online instructors and live-online learners.
offers live-online instructors the additional service of arranging
payment for live-online instructors according to number 11.
Virtual Conference Room
users can book virtual conference rooms with avilano. This can take
place both directly as well as in connection with class
negotiations. The user who books is the contractual partner of
avilano for the provision of the conference room and owes the
payable fee according to the price list which is valid at the time
of booking (www.avilano.com/en/prices/).
By booking a conference room
the user makes an offer that avilano can accept by providing the
room. avilano reserves the right to decide whether to enter into a
contract for the use of the virtual conference room in individual
cases. Acceptance occurs only if the user has an account with a
positive balance. A claim to enter into a contract does not exist.
A minimum of one hour must lie
between the booking of a virtual room and the beginning of its
utilization, so that avilano can provide the virtual conference
The booking of the virtual
conference room can be canceled at any time by the user who booked the
room. However, the fees collected for the provision remain valid.
Registration on the avilano
website is free of charge.
The publishing of profiles,
class offers, and class want ads is free of charge in the basic
version. avilano charges fees for extended functions.
The provision of virtual
conference rooms will be calculated according to the length of time
used and the number of conference participants.
Payability of Fees and Delay
avilano sets up accounts for
all users that are to be maintained with a positive balance. The
current account balance is alway visible in the personal area.
Services that are subject to
charges can be utilized only as long as there is a positive balance
in the account.
Payments can be made by all
payment methods offered by avilano, especially by bank transfer and
Fees are payable in advance
and will be charged to the user's account. If a service that is
subject to charges is provided by a contract with a term of several
months, the fee is due monthly in advance and will be charged to
the account monthly.
If a user delays payment of a
fee, avilano can block access for the user and delete her/his
account after setting a reasonable time limit for payment.
If a user delays payment of
fees, s/he is obligated to pay interest at the simple annual interest rate of 5% for
consumers and 8% for businesses above the annual basis interest,
unless avilano proves that the interest damage is higher.
avilano sends members bills by
e-mail to the given e-mail address. The invoice total is also
deposited in the personal area. The invoice total will then be
charged to the account.
avilano reserves the right to
bill users for the costs involved in the deletion of
membership accounts or contents. It also reserves the right to bill users for the costs in blocking member access to the avilano website due
to violation of laws and regulations or this GTC if the member is
responsible. The fee for the effort involved is 80.00 €.
avilano can also charge a fee for reactivating a blocked membership
account. The fee is waived or reduced if the user can prove that no
damage or minimal damage occurred.
change the fees at any time in the future. Members will be informed
of price changes on the avilano website in due time before they
go into effect. Number 1.6
Forwarding of Remuneration
for Classes to Live-online Instructors
avilano offers live-online
instructors the option of charging live-online learners' accounts
for the agreed compensation for classes and forwarding it to the
live-online instructors if the live-online learners have agreed to
this when closing the contract with the live-online instructors and
if the classes take place in a virtual conference room provided by
The compensation is forwarded
after the class has taken place in the booked conference room.
If the live-online learner
raises objections to the payment claim immediately after the class,
for any reason – e.g. because of an unsatisfactory
performance – avilano will not forward the fee.
Contractual Exclusion of
Users may balance cost demands
of avilano against demands of not yet issued credit entries and with
due demands only if these demands have been legally ascertained or
No Liability for Users'
avilano is not liable for the
contents of users' publications, especially the statements in
class offers, class want ads, profiles, forums and evaluations.
avilano is not liable for the
contents of classes taught in the virtual conference rooms nor
otherwise exchanged contents. The live-online instructor or the
user who booked the conference room is solely responsible for the
adherence to legal regulations, especially those of copyright laws.
Liability and Restriction of
Users are aware of the fact
that the Internet is based on a complex technical topology and
technology. avilano has no influence on the function of the
Internet as a whole or in part. The functioning of the Internet is
not a part of the contract.
avilano makes an effort to
keep the servers on which the avilano website is located available
at all times. An availability of 100% is not possible for technical
The users' claim to
utilization of the avilano website and its functions exists only
within the framework of the current technological standard. avilano
limits its services at times if this is necessary because of
capacity limits, for the security or integrity of the servers or
for carrying out technological measures and if this serves the
proper or improved provision of services (maintenance work).
avilano takes the valid interests of members into consideration in
these cases, e.g. by advance information.
avilano is not responsible for
service delays or a service loss due to a higher power or similar
events. Similar events include strikes, official orders, the loss
of communication networks or disturbances in the responsibility of
other telecommunication or service providers or other attacks on
avilano is liable according to
legal regulations in the event that a user presses compensation
charges that are based on intention or gross negligence, including
intention or gross negligence of our representatives or agents.
Insofar as avilano cannot be made responsible for an intentional
breach of contract, the liability for compensation charges is
limited to foreseeable, typically occurring damages.
In the event that essential
contractual obligations are violated – i.e. such obligations that
are of vital importance for the fulfillment of the purpose of the
contract – avilano is liable for culpable conduct by its legal
representatives and their agents according to legal regulations. In
this case as well the liability for compensation charges is limited
to foreseeable, typically occurring damages.
A liability for the
compensation of indirect damages, especially lost revenues, exists
only in the event of intention or gross negligence by avilano's
legal representatives and their agents.
Liability for loss of data is
limited to the typical effort of restoration that would have taken
place by regular making of backup copies appropriate to the danger.
As far as the user has a claim
to compensation instead of service, avilano's liability is
limited to restoration for foreseeable, typically occurring damage.
The above named exceptions to
liability and the limitation to users are not valid in the case of
issuing specific guarantees by avilano and for damages to life,
body or health as well as in the case of urgent legal regulations.
Liability according to the
product liability law remains unaffected.
Liability is suspended unless
regulated differently as above.
for compensation beyond that provided in number 14
is – without consideration of the legal nature of the valid
claims – excluded. This applies especially to the damage
compensation claims that arise from faults made when closing a
contract, through other violations of obligations or through
tort claims for restitution of damages according to § 823 BGB.
The limitation is also valid
if the user demands compensation for futile expenditure instead of
substitution for the damage due to futile services.
If the user is a business,
the following additionally applies: Insofar as avilano's
liability for compensation charges is suspended or limited, this
also applies to the personal liability of our employees,
representatives and agents.
The law of the Federal Republic
of Germany is valid with the exception of the UN law of purchase.
Place of Fulfillment and
Place of Jurisdiction
Place of fulfillment for all
services is the avilano headquarters.
For users who are businesspeople
in the sense of the trade law book, separate public fund assets, or
a legal person of public law, Lippstadt is the sole place of jurisdiction
for all disputes that arise from the service contract and these
GTC. avilano is also entitled to go to court at the domicile of the
In the event that parts of the
GTC are or become void, inoperative, disputable, or impracticable,
this has no effect on the validity of the remaining conditions. The
contractual partners agree that a permissible or practicable
agreement shall be made instead of the invalid or impracticable
regulation, which approximates the invalid or impracticable
regulation as closely as possible economically. The same is valid for
possible gaps in these regulations.