The services provided by Coracle on behalf of IUMI according to the Coracle/IUMI Service Level Agreement are subject to the following general terms and conditions of use (hereinafter referred to as "GTC"). These GTC form the basis for the use of the internet portal (hereinafter referred to as "Internet PortaI") offered under the URL https://iumishop.mycoracle.com/ by the International Union of Marine Insurance e. V., Grosse Elbstrasse 36, 22767 Hamburg, Germany (hereinafter referred to as "IUMI") or the contents and services offered hereunder.
- Subject matter
- These GTC apply between IUMI and the customer (hereinafter referred to as "user") for any use of the Internet Portal. They also apply to users who are consumers within the meaning of Section 13 BGB (German Civil Code). Consumers are natural persons who conclude a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.
- Conflicting or supplementary terms and conditions of the user shall not be recognised and shall not become part of the contract unless IUMI expressly agrees to them in writing in individual cases.
- Data protection
For the purpose of registration on the Internet Portal and in connection with the booking/processing/ accessing/use/provision of educational content in accordance with Clause 5, IUMI is permitted to collect, store, process and use certain personal data of the user. The handling of the user's data is always carried out in accordance with the statutory provisions. Further information on data protection in connection with the services offered by IUMI can be found in the data protection declaration of IUMI.
- Services of IUMI
- IUMI organises and provides the following educational content (hereinafter collectively referred to as "educational content") on the Internet Portal:
- A live webinar is an interactive seminar held via the Internet Portal. Users can follow the live webinar regardless of location. Using a question and answer feature, users can ask the guest speaker questions during the live webinar, to which the guest speaker can reply during the live webinar. Live webinars may have a limited number of participants.
- Recordings are recorded webinars which can be accessed by users in the form of a video via the Internet Portal.
- Online Tutorials consist of several modules in the form of interactive learning materials, which serve to learn the contents. At the end of a tutorial, an online test takes place on the Internet Portal. If the minimum percentage of correctly answered questions, which is announced prior to the test in each individual case, is reached, the participant will receive a certificate by email. Starting with the conclusion of the contract according to Clause 5 of these GTC, the online tutorial is available to the user for a period of use of 90 days.
- Accompanying materials are presentation slides, articles and similar materials. It is at IUMI's discretion whether and to what extent these are made available on the website or via email as part of live webinars, recordings and online tutorials.
- IUMI only organises the provision of educational content by guest speakers on the Internet Portal and does not check the correctness, quality, completeness, legal admissibility and reliability of the educational content, information and other content provided on the Internet Portal by consultants or other users
- IUMI organises and provides the following educational content (hereinafter collectively referred to as "educational content") on the Internet Portal:
- A prerequisite for the use of educational content is the prior registration on the Internet Portal as a user. The registration is free of charge.
- The registration form provided must be completed truthfully and completely.
- By sending the registration form, the user submits a binding offer to conclude a contract for a free basic membership on the Internet Portal as a user. The contract for a free basic membership as a user is concluded by confirming the registration and activating the account.
- Users are obliged to keep the access data for their account confidential and, as the owner of the account, are responsible for protecting it from misuse.
- In the event of an important reason, IUMI is entitled to block the account immediately, temporarily or permanently without stating reasons.
- Booking of educational content
- The contract for the use of a certain educational content is concluded separately and in addition to the contract for a free basic membership as a user.
- The contents of the IUMI website, the Internet Portal, and other publications of IUMI do not constitute a binding offer, but merely an invitation to the user to submit an offer. Only with the order of a certain educational content the user declares that he wants to make use of it.
- The contract between IUMI and the user regarding the use of a certain educational content is concluded either with (i) the written acceptance of the order by IUMI, (ii) the transmission of the access data for access to the respective educational content, (iii) the provision of the ordered educational content for download or access or (iv) the use of the corresponding educational content, depending on which event occurs earlier.
- Prices, terms of payment
- The educational contents are provided to the users partly free of charge, partly with costs. Fee-based offers are always marked as such on the Internet Portal. In any case, the special regulations for members of IUMI according to Clause 6.3 below shall apply.
- The prices for the individual educational offers are based on the prices and product descriptions on the Internet Portal.
- Members of IUMI have free access to both live webinars and recordings. The online tutorials are available to members at a discounted price as indicated in the price quotations and product descriptions. The employees of member companies and their associated companies are considered to be members of IUMI only with regard to the Internet Portal and the educational content provided through it.
- Postponement, delay and cancellation of live webinars
- IUMI reserves the right to cancel or postpone live webinars until four working days before the announced start. This right exists in particular if the minimum number of participants is not reached, in the event of absence of the consultant as well as in the event of force majeure or other unforeseeable events. Users who have already booked the live webinar will be informed of this immediately in writing or by email and any alternative date.
- If a live webinar is cancelled or if a live webinar is postponed and the user is unable to participate on the alternative date, the fees already paid will be credited to the user's account for the purpose of booking other educational content or will be refunded at the user's express request. In the event of a postponement this shall only apply if the user has notified IUMI of his/her inability to attend in writing immediately after the alternative date has been announced. The participants have no further claims against IUMI.
- IUMI reserves the right to provide an equivalent substitute guest speaker if the guest speaker is not available. In this case, there is no entitlement to a credit memo or refund of fees already paid.
- Rights of the user in the event of absence from the live webinar
- If it was not possible for the user to participate in a live webinar that has already been booked and paid for, and if s/he indicates this to IUMI by email no later than seven days after the date of the live webinar, s/he shall be given the opportunity to view the corresponding recording, if available. In this case, the possibilities of the user to participate are omitted. There is no entitlement to activation of the recording at a certain time.
- In the case of clause 8.1, there shall be no entitlement to a credit memo or refund of fees already paid.
- Use and utilisation of the contents of the Internet Portal
- The contents offered on the Internet portal may be used by users exclusively for their own purposes and the contractually stipulated purposes as well as in accordance with these GTC.
- The right to download or to use the educational content otherwise does not include any transfer or other granting of copyrights; IUMI reserves all rights not expressly granted to the user. The user acquires only the simple, non-exclusive, non-sublicenseable, non-transferrable right to use the respective educational content for his/her own purposes, which is not transferable to third parties and is limited to the term of the respective contract.
- Obligations when using the Internet Portal
- The user is obliged to comply with the applicable laws when using the Internet Portal. In particular, s/he may not publish any contents, materials or information and make them accessible via the Internet Portal which violate legal regulations and/or these GTC. The reproduction, publication and distribution of content provided on the Internet Portal is prohibited.
- The user may not misuse the services offered by IUMI or the Internet Portal. In particular, the publication or distribution of content that violates common decency, infringes the rights of third parties or discriminates against other persons on the grounds of origin, gender, sexual orientation, religion, disability, age or any other personal characteristic constitutes misuse. In addition, any form of advertising for products or services constitutes misuse, unless IUMI has given its express prior written consent.
- The user is prohibited from taking any actions that could impair the functioning of the Internet Portal.
- Obligations of the user to cooperate
- The user is responsible for ensuring that the technical prerequisites for access to the Internet Portal are created and maintained on his/her end. In particular, a standard DSL connection to the Internet, a state-of-the-art internet browser as well as a headset and microphone for active participation and a loudspeaker for passive participation are required.
- The user is responsible for taking the precautions required to secure his/her computer systems, in particular to use the current security settings of the browser and to use up-to-date protection mechanisms to prevent malware.
- User content and responsibility and liability for user content
- If a user submits posts, comments, and the like (hereinafter referred to as "user content") to IUMI, existing rights to them shall remain with the user insofar as they existed prior to their use as user content. The user only grants IUMI rights in this respect to the extent that IUMI requires such rights in order to display these user contents on the website as intended and make them publicly accessible.
- IUMI does not check the accuracy or legal admissibility of user content. However, IUMI reserves the right to refrain from publication.
- The user must ensure that the IUMI user content does not violate any applicable laws or rights of other users or third parties.
- The user warrants that s/he is in possession of all rights required for the presumed use of the user content. This includes all authorisations (e. g. rights of use, consents, trademark rights) which the user requires in order to be able to publish the user content on the Internet Portal as well as the right to transfer the rights in accordance with Clause 12.1 to IUMI.
- If the user culpably infringes the rights of other users or third parties and/or violates the warranty in accordance with Clause 12.4 and if IUMI is held liable by users or third parties due to this violation of the law, the user shall indemnify IUMI from all damage caused thereby.
- Liability and warranty of IUMI
- Insofar as the Internet Portal contains links to external third party websites over which IUMI has no control, the respective third party is responsible for the content and accuracy of the information provided therein. Before setting up the corresponding link, the internet pages of third parties have been checked with great care and to the best of our knowledge and belief as to whether any legal infringements exist; at this point in time, no legal infringements were evident. If a violation of the law becomes known, the respective link will be removed immediately.
- IUMI accepts no liability for the uninterrupted, secure and error-free transmission of data or for the compatibility of the educational content with the user's individual hardware and software equipment.
- Claims for damages against IUMI shall only exist in accordance with the following provisions of this Clause 13 and shall be excluded in all other respects.
- In the event of intent and gross negligence, IUMI shall be liable in accordance with the statutory provisions. The same shall apply in the case of culpably caused damage resulting from injury to life, body or health, in the case of damage caused by the absence of a guaranteed quality and in the case of malice.
- In the case of damage to property or financial loss caused by slight negligence, IUMI shall only be liable in the event of breach of a material contractual obligation (i. e. an obligation the fulfilment of which only makes the proper execution of a contract possible in the first place and which the parties may normally rely on to be complied with); in this case, liability shall be limited to the amount of damage foreseeable and typical of the contract at the time the contract is concluded.
- The above liability exclusions and limitations of liability also apply in favour of the legal representatives of IUMI and vicarious agents.
The users undertake to indemnify IUMI from all claims of other users or third parties which they assert against IUMI on account of the violation of their rights due to the use of the internet platform by the member concerned. This does not apply if the member concerned is not responsible for the violation of the rights.
- Consumers' right of withdrawal
For consumers in the meaning of Section 13 BGB (German Civil Code) the following applies:
INSTRCUTIONS ON WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (International Union of Marine Insurance e. V., Grosse Elbstrasse 36, 22767 Hamburg, telephone: +49 40 2000 747 0, fax: +49 40 2000 747-0 email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
MODEL WITHDRWAWAL FORM
The user may use the following form
(complete and return this form only if you wish to withdraw from the contract)
To International Union of Marine Insurance e. V., Grosse Elbstrasse 36, 22767 Hamburg, fax: +49 40 2000 747-0, email: firstname.lastname@example.org:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*)_____________________________________________________
Name of consumer(s) _______________________________________________________
Address of consumer(s) ___________________________________________________
Signature of consumer(s) (only if this form is notified on paper) ________________________
(*) Delete as appropriate.
- Information for consumers pursuant to the German Consumer Dispute Resolution Law (VSBG) and the EU Regulation No. 524/2013
As a provider of online services, IUMI is obliged to inform consumers under Section 13 BGB (German Civil Code) of the European Commission's online dispute resolution platform. The consumer can access this platform at: https://webgate.ec.europa.eu/odr - IUMI is basically prepared, but not obliged, to participate in dispute resolution proceedings at a consumer arbitration board.
- The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
- If versions of these GTC exist in languages other than German, only the German version shall be binding.
- Place of performance is Hamburg. The exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship existing between IUMI and the user is Hamburg, insofar as the contractual partner is a merchant, a legal entity under public law or a special fund under public law.