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General Terms and Conditions
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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 Business
of avilano GmbH

Effective 10/10/2008

1. Validity of the General Terms and Conditions (GTC)
2. Registration and Contract Closure
3. Term and Cancellation
4. Users' Obligations When Setting up Class Offers, Class Want Ads, and Profiles
5. Forums
6. Services of avilano
7. Contractual Relationship Between Live-online Instructors and Live-online Learners
8. Virtual Conference Room
9. Fees
10. Payability of Fees and Delay
11. Forwarding of Remuneration for Classes to Live-online Instructors
12. Contractual Exclusion of Set-off
13. No Liability for Users' Statements
14. Liability and Restriction of Liability
15. Joint Liability
16. Applicable Law
17. Place of Fulfillment and Place of Jurisdiction
18. Severability Clause

Validity of the General Terms and Conditions (GTC)
avilano GmbH (www.avilano.com/en/impressum/) (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 www.avilano.com/en/bgb-infov/.
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 contracts.
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 conditions.
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 Closure
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 and truthfully.
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 these purposes;
  • that these are at least 18 years old;
  • that these are able to structure the classes that they offer professionally.
For live-online learners:
  • that these are natural persons;
  • 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 registering.
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.
Users have 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 photos.
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.
Each user may register and set up a profile only once, according to number 2.4. Each user may offer as many class offerings and class want ads as s/he wishes.
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.

Term and Cancellation
The contract is entered into for an indefinite time.
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
if the user protests against new GTCs according to number 1.7,
under the circumstances of number 2.15,
if the user violates GTC terms of number 2.1 or 2.8,
if the 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.
Number 3.4.2 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 attempted deception.

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 norms.
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 utilization.
Use of the avilano website for other purposes than those described in the "Significant Characteristics of Service" (www.avilano.com/en/bgb-infov/), 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 advance.
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.
The regulations given under number 4 apply to the use of the forums.

Services of avilano
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.
Registered live-online instructors and live-online learners can contact each other and negotiate the implementation of class units by using the "class negotiation" function.
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.
Registered users can book the virtual conference rooms provided by avilano and use them for the realization of classes, for example. See number 8.
avilano currently operates the Internet portal for live-online instructors and live-online learners under the Internet address www.avilano.com. 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.

Contractual Relationship 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.
avilano offers live-online instructors the additional service of arranging payment for live-online instructors according to number 11.

Virtual Conference Room
Registered 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 room.
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.
The users must meet the necessary system requirements (www.avilano.com/en/requirements/) for the use of the virtual conference room.

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.
The individual fees can be found in the price list (www.avilano.com/en/prices/).

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 PayPal.
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.
avilano can 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 applies.

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 avilano.
The compensation is forwarded after the class has taken place in the booked conference room.
avilano charges a fee according to the valid price list (www.avilano.com/en/prices/) for this service.
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 Set-off
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 are undisputed.

No Liability for Users' Statements
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 Liability
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 reasons.
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 the server.
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.

Joint Liability
A liability 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.

Applicable Law
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 user.

Severability Clause
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.

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