1. Application & Service Scope
- The following General Terms and Conditions (“GTC”) apply to all business relationships between the PlusPeter GmbH, registered office: Chausseestraße 84, 10115 Berlin, Germany, Berlin-Charlottenburg Local Court HRB 11487, Managing Director: Cecil Croy, (“charly.education”), conducted via the websites www.charly.education, www.charly.media and their various language versions (collectively: the “Websites”). charly.education is an enterprise with the purpose of a marketing and advertising agency and of marketing material distribution. Contrary or supplementary general terms and conditions will not, not even with knowledge thereof, be part of the contract, unless their application is expressly agreed. The version valid at the time of contract conclusion will apply.
- charly.education offers the following “services”:
• On its Websites, charly.education allows students to print and bind their print orders via charly.education free of charge (with advertisement) or for a fee(without advertisement).
• In addition, charly.education provides so-called “Smart Learning” to students on the website charly.education; this enables students to create own contents, add and comment on documents, have exchanges with other students and use advisory services.
- charly.educationis not obligated to ensure permanent availability or functionality of the Websites or of the services offered there. Maintenance, security or capacity concerns and events outside of charly.education’s sphere of influence (e.g., disruptions of public communication networks, power outages, etc.) may result in the Websites being unavailable to students.
- charly.education uses third-party advertisement to finance services used by students free of charge. Advertising partners and advertisers may address students in a targeted manner using the provided information on the demographic and geographic distribution of students registered as charly.education customers. The provision of this information by the students therefore expressly represents the contractual consideration by the students for the services otherwise performed free of charge. Advertisers in the sense of these GTC are natural and / or legal persons (enterprises) who want to use the services offered by charly.education for purposes of publication and distribution of information and advertisements and who registered properly on the password-protected area of the Websites. Advertisement contents in the sense of these GTC include any form of deliveries, e.g., flyer sand / or information and marketing material, and, especially, data and files, whether on electronic data carriers or uploaded online, the aim and / or order to be printed and / or communicated, published or distributed in any other manner.
2. Registration & Contract Conclusion
- charly.education’s service offer is aimed primarily at students. Students in the sense of these GTC are matriculated at a university and are natural persons who registered properly on the password-protected area of the Websites using the email address issued by the university. A contract on the use of the Websites and of the services offered there will be concluded through the student’s registration. The student offers to conclude a usage contract by submitting the completed registration form.
- charly.education will verify the student’s matriculation through the email address issued by the university. When registering on charly.education, the student must therefore use the email address issued by the student’s university. If in doubt, charly.education may demand an enrolment certificate from the student. charly.education expressly reserves contract conclusion and will only accept the offer after successfully verifying the student by email or by activating the user account.
- The student must disclose all data required by the registration form accurately,completely and truthfully and must keep this data up to date. For this purpose, the student may view and edit their personal data on the Website at any time.
- When registering, the student will receive a username and a personal password. charly.education will create a user profile and a user account for the student. Registration and the user account are non-transferrable; these services may only be used by the student. The student may only register on charly.education once. If charly.education discovers several registrations, charly.education may refuse its services to the student immediately upon learning of such multi-registrations.
- Any rights to the Websites will remain with charly.education. However, charly.education will grant non-exclusive and non-transferrable rights to the student to properly use the Websites for the term of the usage contract and in compliance with these GTC.
- If the student adds own copyrighted content, e.g., messages, images or evaluations, to the Websites, the student grants charly.education the non-exclusive, transferrable, sub-licensable, unlimited rights to use this content free of charge and without temporal or spatial limitation for the purpose of performing the Website services to the necessary extent. The usage rights granted by the student therefore include the right to technically reproduce (e.g., through storage), edit and make the content publicly accessible on the Websites. The right to make the content publicly accessible will expire when the student removes the added content from the Websites.
- If the Student adds copyrighted content to the Websites whose (sole) author is not the student, the student must guarantee that the student is authorized is to transfer the above-stated usage rights or that these will be granted directly to charly.education by the rights holder. The student must review whether the student obtained or, if not, must separately obtain the necessary usage rights for all third-party content before using or adding content to the Websites.
4. Additional Obligations and Assurances of the Student
- The student must ensure that the student’s login information is kept strictly confidential at all times to prevent unauthorized access to the student’s user account. Should charly.education have reason to believe that the student’s login information is being used without authorization, charly.education may block the user account until the matter is resolved.
- The student is solely responsible for the procurement, installation, maintenance and operation of any software or hardware necessary for use of the Websites. This especially concerns the student’s Internet access, including, but not limited to, any problems related to the connection speed, bandwidth or latency that may affect the student’s access to or use of the Websites.
- The student may not copy, modify, adjust, replicate, use for the establishment of an own (e.g., a third party’s) database, translate, distribute, transfer, reverse engineer, decompile or disassemble contents or other characteristics of the Websites. Any breach or attempted breach of the Websites’ security and attempts to investigate, check or test the Websites’ security or authentication measures are prohibited to student.
- The student may not impair the Websites’ functionality and connection to users, hosts or networks, especially not through viruses, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” or other computer codes, files or programs (e.g., browsers with scraping or crawling functions) that may disrupt, destroy or limit the functionality of the software or hardware or the telecommunications systems.
- The student may only use the Websites for lawful purposes. The student may especially not:
• Intentionally provide incomplete, false, inaccurate or (negligently or intentionally) misleading information;
• Erase, edit or use as part of a database information added by another person without this third party’s authorization;
• Use the Websites in a manner that infringes on the copyrights, database rights, trademark or other intellectual property rights or on data protection law or on the right to privacy or other personal rights or that represents slander or libel or is otherwise objectionable due to its unlawful, hurtful, offensive, threatening, insulting, harassing, defamatory, vulgar, obscene, spiteful or racist content;
• Impersonate, falsely claim affiliation with or a relationship to or otherwise misrepresent another person or organization.
5. Liability of charly.education
- Conditional on the following Letter b, charly.education or its vicarious agents will only be liable for damages — in case of contractual, non-contractual or other damage claims, for whatever legal reason, especially due to defects, default, impossibility and fault during contract negotiations and offenses—in case of intent and / or gross negligence, including intent and / or gross negligence by charly.education’s representatives or vicarious agents. Furthermore, charly.education will also be liable for simple negligence, including simple negligence by charly.education’s representatives and vicarious agents, for damages resulting from violations of essential contractual obligations, i.e., obligations on whose fulfillment proper contract performance depends on whose fulfillment the student may therefore regularly rely. However, unless charly.education is accused of intentional breaches of duty, liability for damages is limited to foreseeable and typical damages.
- Claims based on injuries to life, limb or health and claims of the student under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG] and other applicable legal liability regulations will remain unaffected by the above-stated liability exclusions and limitations. Furthermore, the above-stated liability exclusions and limitations do not apply if charly.education fraudulently conceals a defect or is liable under a guarantee or due to the assumption of procurement risk.
6. Holding charly.education Harmless by the Student
- The student must hold charly.education harmless of any adverse effects and damage which charly.education may incur through the contents of the Websites or file names chosen by the student and for which the student is responsible. In this case, the student is required by law to compensate charly.education, especially for adequate costs and damages incurred through or in relation to corresponding court proceedings and for any necessary responses by charly.education, based on charly.education’s current advertising rates.
- Furthermore, charly.education will not be liable for content or print orders whose performance, results or results transfers infringe on laws or third-party rights, especially property rights. If claims are exercised against charly.education by third parties, the student must hold charly.education fully harmless. This includes any adequate legal defense costs incurred by charly.education (attorney fees and court costs). In addition, charly.education will not be liable to the student for contents of print orders or learning materials or for resulting reputational damage of the advertiser, student or third party.
7. Smart Learning
- Documents may only be uploaded in PDF format. The student is not entitled to other formats supported by charly.education in the past. However, even for PDF files, charly.education does not guarantee successful uploads in every case.
- If charly.education provides aids through so-called E-Tutors who may comment on documents of and remarks by students and may perform certain advisory functions, any messages by E-Tutors represent non-binding suggestions. The student must independently classify,assess and review the accuracy of any information provided by E-Tutors.
8. Print Orders
- Every print order represents an individual contract based on these GTC and the respective order. When placing a print order free of charge, students may only print learning material relevant to their studies for their personal use and not for transfer to third parties or other students.
- Commissioning print orders from charly.education that include copyrighted material without the publisher’s express permission which must be obtained by the student is expressly prohibited. The student is solely responsible for strict compliance with third-party copyrights.
- If infringements are discovered, charly.education expressly reserves the right not to perform print orders and to immediately block the student from access to services offered by charly.education.
- For print orders free of charge for the student, charly.education reserves the right to set and / or change the maximum length of the print orders at its discretion at any time.
9. Print Order Performance
- Data and content must be uploaded in the file and print formats specified by charly.education which must be followed. We cannot guarantee flawless performance for other file formats or in case of transfer errors. charly.education will not be liable for the accuracy and intactness of files uploaded by the student as part of a print order.
- Deliveries of any kind, including data carriers and data transferred online, by the student or third parties commissioned by the student are not subject to review obligations by charly.education. Before and for online data transfers, the student must use state of the art anti-virus programs. The student will be solely responsible for data backups. charly.education may produce and save copies of the data.
- charly.education will deliver print orders to the delivery address specified by the student. Print orders in the sense of these GTC are learning materials of the students uploaded to the Websites either for a fee or free of charge or sent to the student by mail in printed and bound form. The delivery address corresponds to the address in the Federal Republic of Germany specified by the student to which charly.education’s print order will be sent.
- Products will be delivered exclusively to the delivery address specified by the student. For print orders free of charge for the student, charly.education reserves the right to refuse production and delivery without stating reasons.
10. Product Specifications for Print Orders Free of Charge for the Student
- All pages of the print order have a 4 mm margin which cannot be printed on due to the printer.
- 80g/m² paper is normally used for prints (changes by charly.education reserved).
- Print orders include:
i. A coversheet. A coversheet in the sense of these GTC is a page generated by charly.education for every print order that is printed and bound as an additional page for the print order.
ii. Banner pages. A banner page in the sense of these GTC is every page of the print order that is part of the learning material uploaded by the student and that may feature an advertising banner. An advertising banner in the sense of these GTC is an advertisement section within the print order that is intended for third-party advertisement and that may be booked by companies for this purpose.
iii. One or several voucher pages. A voucher in the sense of these GTC is an advertisement section that may be printed on both sides. Several vouchers form one or several voucher pages which charly.education may include with the print order. Voucher pages in the sense of these GTC are pages produced by charly.education that are printed on both sides and included with the print order in bound form.
- Coversheets include:
i. The student’s address
ii. The charly.education logo,
iii. The file name specified by the student,
iiii. An alphanumeric identifier for including supplements. Supplements in the sense of these GTC are marketing material that may be included with the print order in bound form distribution to students,
v. Advertisement by our clients on designated advertisement sections
e. The pages of the print order will be digitally scaled by up to 90%..
f. Every page consists of 2 banner pages (front and backside).
g. The backside of the coversheet is the first banner page.
h. Every banner page may feature a charly.education logo in the upper outer corner.
i. Unless agreed otherwise in writing, when preparing the voucher page for each voucher, charly.education will generate a student and advertiser-specific voucher code. Voucher codes in the sense of these GTC are numeric or alphanumeric codes printed on vouchers which students may redeem from the advertisers. Voucher codes may either be provided by the advertiser or generated for the advertiser by charly.education.
j. Generated voucher codes are printed on the designated area on the voucher.
11. Cancelation of Print Orders and Other Fee-Based Services
You have the right to cancel this contract within 14 days without stating reasons.
The cancelation period lasts 14 days as of the contract conclusion date.
To exercise your cancelation rights, you must inform us (PlusPeter GmbH, Chausseestrasse 84, 10115 Berlin, Germany, firstname.lastname@example.org) about your decision the cancel the contract through a clear statement (e.g., a letter sent by mail, fax or email). You may use the included sample cancelation form for this, though this is not required.
The cancelation deadline will be met if you send the exercise of your cancelation rights before the cancelation period expires.
Consequences of Cancelation
If you cancel the contract, we will refund any payments we received from you, including shipping costs (except for additional costs resulting from you choosing a shipping method other than the least expensive standard shipping method offered by us), without undue delay, at the latest, within 14 days of the date on which we received your cancelation notice for the contract. We will refund you using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be a charged are fund fee.
Sample Cancelation Form
(If you wish to cancel the contract, you may complete and send this form to us.)
I/we (*) hereby cancel the print order placed by me/us (*):
Ordered on: [To be completed by the student]
Name of the student: [To be completed by the student]
Address of the student: [To be completed by the student]
Please sign the cancelation statement if sent by mail.
(*) Delete if inapplicable.
- The usage contract is concluded for an indefinite term. Both parties may terminate the usage contract without notice at any time. Students may terminate the contract by closing their user account. Apart from that, termination will at least require text form (e.g., email).
- When deactivating or closing an account, any rights of the student to offers and services provided by charly.education will expire. However, this does not apply to print orders that have already been commissioned and paid.
- charly.education may, even under a current contract, restrict access to the Websites or to services offered there after notifying the student if the student violates essential contractual conditions and if the violation cannot be or is not remedied without undue delay despite corresponding notice
- When closing an account and, thereby, terminating the contract, charly.education will erase all access data without prior notice. The student will be solely responsible for backing up any data.
13. Final Provisions
- These GTC and individual contracts concluded under these GTC are governed by German law under exclusion of the UN sales convention. Should a regulation of these General Terms and Conditions or a regulation of another agreement be or become invalid, this will not affect the validity of the other regulations or agreements.
- charly.education reserves the right to amend these GTC in consideration of the student’s interests if required by legal or actual circumstances because of changes to either charly.education’s service scope or remuneration model. charly.education will inform the student about the changes to these GTC in a suitable manner via the Websites or email adequately (at least 6 weeks) in advance. The student will be given an opportunity to object to the changes by email to the email address specified in the Website imprint. If the student exercises this right to object, both parties may withdraw upon the changes becoming effective.