1. General
1.1 Scope of Applicability
These general terms and conditions apply in the version valid at the time the contract was concluded for all business relationships between us Avo Enterprises LTD, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ hereinafter referred to as "Teacher" and you. If you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract Agreement
Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of Section 14 of the German Civil Code.
1.3 Conclusion of a Contract with CopeCart
If you would like to take advantage of our trial period and paid services, you must make a booking through our partner CopeCart. This is therefore also your contractual partner. To book, you have to click on the desired product and you will then be forwarded to CopeCart. According to CopeCart, the contract is then concluded as follows (can be viewed at https://www.copecart.com/de/agb-customers): "The presentation of the products in our online shop does not constitute a legally binding offer, but a non-binding catalog of the products and services offered by us (the "Goods"). When you place an order, you are submitting to us an offer to enter into a corresponding contract. You are bound by your offer for a period of two working days at our registered office. Within this period of time we can declare acceptance of your offer. Our offer is subject to self-delivery. If the ordered goods are not available for reasons that we could not have foreseen when the contract was concluded and we are not supplied by a supplier through no fault of our own, we have the right to withdraw from the contract. In this case, we will inform you immediately that delivery is not possible and will immediately reimburse you for any purchase price you have already paid. This right only applies to consumers within the meaning of § 13 BGB if we have concluded a specific hedging transaction for the execution of the contract and were surprisingly not supplied by the supplier through no fault of our own. The customer's general terms and conditions do not become part of the contract unless their validity is expressly agreed to. Contract language is German."
By concluding the contract with CopeCart, an account for our website will be set up for you. The password, which gives you access to your personal area, must be treated as strictly confidential and may under no circumstances be passed on to third parties. You take the appropriate and appropriate measures to prevent third parties from gaining knowledge of your password. An account cannot be transferred to other users or other third parties. We are not liable for damage caused by misuse of the password.
1.4 Provision of Services
We are entitled to have the contract or parts of the contract performed by third parties.
1.5 Time of Performance
Unless expressly agreed otherwise, we will begin providing the service after the conclusion of the contract with our partner CopeCart by activating your account.
1.6 Termination of a Free Trial Account
The term of the paid subscriptions is preceded by a 14-day trial phase. The test period will be processed by CopeCart and the selected payment method will be charged after the period has expired. The free user relationship is concluded for 14 days and can be canceled independently at CopeCart within the period if our service does not want to be used beyond the test period.
1.7 Paid Subscriptions
The paid subscriptions can each be canceled in text form with a notice period of one working day to the respective end of the term, without giving reasons, addressed to your contractual partner CopeCart. If the contract is not terminated in good time, the contract is automatically extended by the respective initial term. This does not affect the right to extraordinary termination for important reasons. We are entitled to delete the profiles and content assigned to the account after the termination has taken effect. We will only terminate an account through which offers are currently being published for good cause.
1.8 E-Mail notifications
By using our Product, you may generate or send emails from your account by generating new client's or changing client informations. In addition to the terms applicable to the Product generally (including Teachere's Privacy Policy).
1.9 Privacy protection
While using the Product, you may submit Content to Teachere (including your personal data and the personal data of others) or third parties may submit Content to you through the Product. We know that your Content is very important to you and by giving us your Content, you are trusting us to treat it appropriately. Teachere's Privacy Policy explains how we treat your Content and we agree to adhere to our Privacy Policy. By using the Teachere, you acknowledge and agree that usage, and disclosure of your personal information is governed by our Privacy Policy.
2. Your Responsibility
2.1 General
You are solely responsible for the content and correctness of the data and information you transmit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.
2.2 Abusive Submissions
We will disable or delete abusive content or posts without notice. Such content designs are given, for example, in the following cases:
- to send spam,
- to send and save content that is infringing, obscene, threatening, insulting or otherwise violates the rights of third parties,
- to send and store viruses, worms, Trojan horses and harmful computer codes, files, scripts, agents or programs,
- to upload programs that are likely to disrupt, impair or prevent operation,
- with an attempt to obtain unauthorized access to our service or to individual modules, systems or applications or to grant these third parties,
- Content that glorifies violence, is pornographic or otherwise objectionable or punishable.In the event of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.
2.3 Release
You indemnify us against all claims asserted against us by third parties for such violations. This also includes reimbursement of the costs of necessary legal representation.
2.4 Profile Data
You are obliged to keep the content and profile information you have posted up to date and to inform us immediately of any misuse of your profile.
2.5 Responsible action
We only make our services available to you, but do not check whether all the data relevant to you is sufficiently taken into account. Before using our services, you must find out for yourself what information you need for trading. An economic success resulting from the use of our platform is expressly not owed and cannot be guaranteed either, since you are solely responsible for the decisions you have made.
3. Payment
3.1 Prices
All prices are exclusive of sales tax. We expressly do not become contractual partners, but merely make our service available to CopeCart.
3.2 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
4. Usability of the Services
4.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to partially or completely interrupt website operation for the purpose of updating and maintenance within a reasonable framework. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
4.2 Technical Requirements
The use of the website requires corresponding compatible devices. It is your responsibility to bring or maintain the device in a condition that enables the use of the website services.
4.3 Fair Use Policy
You are entitled to use our services as intended and lawfully (fair use / acceptable use). The calculation of the use of the service is based on the average use of Teachere's resources (fair use). If the resources made available are used beyond the acceptable level, we will contact you and request that the use be brought back to an acceptable level within a period to be specified. If you do not respond to this, we reserve the right to charge any costs incurred and to terminate the contract (if necessary without notice). Teachere must be informed in advance of any plannable and time-limited above-average use. Please contact our support team via email (support@teachere.io).
5. Reviews
5.1 General
We give you the opportunity to rate our offers and services as well as those of our suppliers. You are obliged to provide the information to the best of your knowledge and belief. Submitted ratings can be checked by us editorially for their admissibility. We are entitled, but not obliged, to publish reviews on our website and make them visible to all users.
5.2 Abusive or Unlawful Reviews
Abusive or unlawful reviews will be deactivated or deleted by us without prior notice. Such are the case, in particular, if false, insulting or other infringing information is provided, or if the ratings are misused as advertising space.
6. Content Use
By placing content in the database, you grant us the right to use this content for an unlimited period of time for the placement and provision in the database and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, to link and publish. This can also be done through or in the form of advertising material (in particular links to social networks, use for commercials, use for your own website or in printed form, etc.) by us or by third parties. Here, the author explicitly waives his name. Furthermore, we have the right to edit the content, especially if it does not meet the above requirements of these terms.
7. Liability
7.1 Disclaimer
We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (and consequently those obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, liability is also assumed for slight negligence. Liability is limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we are only liable to entrepreneurs in the amount of the foreseeable, contract-typical damage.
7.2 Disclaimer
The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer.
7.3 Backup
We carry out effective data backups as part of the provision of services, but do not assume any general data backup guarantee for the data you transmit. You are also responsible for making adequate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will perform the data backup with the necessary expertise. However, we do not guarantee that the stored content or data that you access will not be accidentally damaged, corrupted, lost or partially removed.
8. Final Provisions
8.1 Jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of Law
Insofar as there are no mandatory legal provisions according to your home law, German law shall apply to the exclusion of the UN Sales Convention.
8.3 Consumer Dispute Resolution Procedure
The EU Commission has created an internet platform for the online settlement of disputes regarding contractual obligations from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
8.4 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining general terms and conditions.
Date: 08/12/2022