General Business Terms and Data Privacy Policy
Data Privacy Policy
With your registration, you agree to Dr. Marc Busch (hereinafter "Comprehencia") collecting individual personal details and processing and using the information stored to establish, carry out and process your user relationship with Comprehencia. The only information we collect is your e-mail address. We use your contractual data only to process the user relationship. All customer data are stored and processed by us in accordance with the relevant provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia act (TMG). You have the right to review the data held on you at any time and to request their correction, blocking or deletion. Please contact us by support@comprehencia.com or send us your request by mail. Your personally identifiable information will not be shared with any third parties without your explicit consent which you may withdraw at any time.General Terms and Conditions
§ 1 Services of Comprehencia- The Comprehencia site is a portal where natural persons who have registered a membership account (hereinafter "Members") can use data sets to learn vocabulary, for example, provided it is legal to offer them and they do not infringe these Terms and Conditions.
- The Comprehencia website provides Members with the technical possibility to publish their own content within the framework made available by Dr. Marc Busch. The content published by Members on the Comprehencia website are generally not moderated and do not represent the opinion of Dr. Marc Busch (hereinafter "Comprehencia ").
- Comprehencia only makes a limited check of the data provided on registration since an identification of persons on the internet is only possible to a limited extent. It is therefore not possible to preclude the case that false contact data are recorded for a membership account despite the various safety provisions in place. Each Member must therefore take suitable measures to confirm the identity of their contract partners.
- Use of the teleservices of the Comprehencia website requires registration as a Member. Your register by the opening of a membership account while consenting, among other things, to these Terms and Conditions. The registration gives rise to a contract on the use of the Comprehencia website (hereinafter: "Usage Contract") between Comprehencia and the Member. The Member may choose between a term of 180 days or 360 days. Membership ends automatically if not extended by the Member.
- Registration is only open to natural persons.
- The e-mail address requested by Comprehencia on registration must be given completely and correctly.
- If the data provided change after registration, the Member is obliged to correct the information in their membership account immediately.
- Members must choose a membership name and a password during the registration process. The membership name may not infringe the rights of third parties - in particular not rights in names or trade marks - and may not offend common decency.
- Members must keep their passwords secret and keep their access to their membership accounts secure. Members are obliged to advise Comprehencia immediately if there are any signs that a membership account has been abused by third parties.
- Members are generally liable for all activities carried out using their membership accounts. If the Member is not responsible for the abuse of their membership account because no breach of the existing obligation to exercise diligence has occurred, the Member shall have no liability.
- Comprehencia reserves the right to delete membership accounts of incomplete registrations after an appropriate period.
- Comprehencia makes the website with the functions described under Art 1 available to the Members.
- Comprehencia reserves the right to introduce measures to delay the publication of offers and content on the Comprehencia website for security reasons even though this is not required by law.
- The right of Members to use the Comprehencia website and its functions applies only within the framework of the current state of the art. Comprehencia may limit its services at times if it becomes necessary with respect to capacity limits, security or the integrity of the servers or to carry out technical actions and if this serves the proper or improved provision of services (maintenance work). Comprehencia will take the justifiable interests of the Members into account in these cases.
- In the event an unforeseen system failure impairs functions, corresponding information will be published as System News.
- Comprehencia may take the following actions in the event there are concrete signs that a Member has infringed
statutory regulations, the rights of third parties or these Terms and Conditions or if Comprehencia has another
justified interest, in particular to protect Members from illegal activities:
- Deletion of content
- Warning of Members
- Temporary banning
- Permanent banning
- Comprehencia may exclude a member from using the Comprehencia website (permanent banning) if the MEMBER
- has provided false contact information, in particular a false or invalid e-mail address.
- transfers their membership account
- substantially damages other Comprehencia Members or Comprehencia, in particular abuses the services of Comprehencia.
- for cause.
- As soon as a Member has been banned, this Member also may no longer use the Comprehencia website with other member accounts and may not reregister.
- Comprehencia can terminate the Usage Contract at any time with a notice period of 14 days to the end of a month. The right of banning is not affected by this.
- The registration as a Member with Comprehencia costs 9 EURO for 180 days and 15 EURO for 360 days.
- Comprehencia reserves the right to charge a flat-rate fee for expenses for the deletion of offers or content or for the banning of Members due to an infringement of the Terms and Conditions provided that the Member is responsible for the infringement unless the Member can demonstrate either that no damages were incurred or were only incurred to a substantially lower amount.
- The publication of content which infringes statutory regulations or the rights of third parties or which offends common decency is prohibited.
- Members are obliged to observe any and all applicable laws when using the Comprehencia website or other services of Comprehencia. Each Member bears sole responsibility for ensuring that content is lawful and does not infringe any rights of third parties.
- Members are responsible for the archiving on a storage device independent of Comprehencia of any information which can be viewed on the Comprehencia website and is stored by Comprehencia and which Members may need for purposes of evidence, accounting, etc.
- Members may not use any addresses, contact data, e-mail addresses or telephone numbers obtained through use of Comprehencia for any other purposes than contractual and pre-contractual communications. It is in particular prohibited to sell on these data or to use them to send advertising unless the respective Member has given their explicit prior consent thereto.
- The Member indemnifies Comprehencia against any and all claims any other Members or any other third parties may assert against Comprehencia due to infringement of their rights by content published on the Comprehencia website by the Member or due any other use of the Comprehencia website by the Member. In this respect, the Member will take over the costs of the necessary legal defence by Comprehencia, including any and all court costs and attorney's fees to the amount fixed by law. This provision does not apply if the infringement is not the responsibility of the Member. The Member undertakes in the event that claims are asserted against Comprehencia by third parties to provide Comprehencia immediately, in good faith and completely with all the information available to the Member which is required for the examination of the claims and for a defence against them.
- Comprehencia is liable for damages with respect to entrepreneurs, except in the case of infringement of fundamental contractual obligations, only if and to the extent that Comprehencia, its statutory representatives, its executives or other agents act wilfully or with gross negligence. In the case of infringement of fundamental contractual obligations, Comprehencia is liable for any and all culpable behaviour of its statutory representatives, executives or other agents.
- Comprehencia is only liable with respect to consumers in the event of premeditation and gross negligence. In the event of an infringement of fundamental contractual obligations, of debtor's delay or impossibility of service provision for which the Comprehencia is responsible, Comprehencia is, however, liable for any and all culpable behaviour of its employees and agents.
- With the exception of premeditation or gross negligence of statutory representatives, executives or other agents of Comprehencia, liability is limited in amount to the damages typically foreseeable on conclusion of the contract.
- Liability for restitution of indirect damages, in particular of lost profits, is only given in the event of premeditation or gross negligence of statutory representatives, executives or other agents of Comprehencia.
- The aforesaid exclusions of liability and restrictions with respect to entrepreneurs or consumers do not apply in the event that Comprehencia takes over explicit warranties or to damages arising from death and injury to body and health or in the case of compulsory legal provisions.
- If the Member's residence or domicile is in Austria, the Usage Contract, including these Terms and Conditions, is governed by the substantive law of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Member's residence or domicile is in Switzerland, the Usage Contract, including these Terms and Conditions, is governed by the substantive law of Switzerland to the exclusion of the CISG. For all other members the Usage Contract, including these Terms and Conditions, is governed by the substantive law of the Federal Republic of Germany to the exclusion of the CISG.
- For Members who are merchants within the meaning of the German Commercial Code, special funds under public law or legal persons under public law, sole place of jurisdiction for all disputes arises from the Usage Contract and/or these Terms and Conditions is Cologne.
- For Members who are consumers, a place of jurisdiction will be the respective residence of the Members. An additional place of jurisdiction for all disputes arising from the Usage Contract and these Terms and Conditions for consumers resident in Germany is Potsdam; for consumers resident in Austria Vienna; and for consumers resident in Switzerland Berne.
- Comprehencia reserves the right to amend these Terms and Conditions at any time without giving any reasons. The amended terms will be sent to the Members by e-mail two weeks before they come into force at the latest. If a Member does not object to the application of the new Terms and Conditions within a period of two weeks after receipt of the e-mail, the amended Terms and Conditions will be deemed to have been accepted. Comprehencia will point out the importance of this two-week period to the Members separately in the e-mail containing the amended terms.
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