General terms of business of the
Highfive GmbH for B2C

A. General

Section 1 Preamble

These general terms and conditions are the basis for all materialising legal relationships between Highfive GmbH c/o WeWork Potsdamer Platz, Kemperplatz 1, 10785 Berlin, Germany, registered in the German Commercial Register of AG Berlin Charlottenburg commerical registry no. 180531 B, represented by its managing director Stephan Goericke (hereinafter the “Provider” or “Highfive”) and its customer (hereinafter the “Customer”).

Section 2 Definitions

Online Training: independent training and examination preparation by the customer on an online learning platform of a third-party provider (also available from the online shop under E-Learning or Online Course)

Examination: An examination (with or without preparatory training) for which, when passed successfully, the customer receives a certificate (also available from the online shop under Certification Examination)

Section 3 Use of data; data protection

(1) The personal data voluntarily supplied by the customer by registering is processed and stored exclusively in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) for contractual purposes and for purposes of internal customer administration.

(2) Personal data of the customer is only gathered if and to the extent that the customer voluntarily discloses such data to the provider at registration and/or when using the online shop. This data will only be passed to third parties where this is necessary for the execution of the contractual relationship between the provider and the customer. The data will therefore – where necessary – be passed to the financial institution commissioned with payment processing. Beyond this, the data is not passed to any third party.

(3) The customer is entitled to obtain information at no cost about the personal data stored and where relevant to request that the data be amended, blocked or deleted.

(4) The provider reserves the right, for advertising, market research or to adapt his offers to suit customer needs, to create usage profiles based on the customer data collected and with the use of pseudonyms. The customer is entitled to object to this use of his usage data at any time.

(5) Questions concerning the collection, processing or use of personal data, requests for information, amendment, blocking or deletion of data and notification of revoking of previous consents may be forwarded to the provider at the address given in Section 1 of these general terms and conditions.

Please also read our data privacy statement and our statement regarding cookies and internet advertising, which also apply to your use of the online shop.

Section 4 Electronic communication; the written form requirement

When you use the Highfive website, online shop or send us e-mails, text messages or other communications from your computer or mobile device, these constitute electronic communication. Highfive will also communicate electronically by various methods, e.g. by e-mail, text messages or by publishing electronic messages or other communications on the website. For contractual purposes you agree to receive electronic communications from Highfive and you agree that all consents, notifications, publications and other communications that we issue do not in this respect require the written form, except where mandatory statutory regulations require a different form of communication.

Section 5 Registration for examinations or online training; conclusion of contract

(1) Registrations become legally binding when the products contained in the basket of the online shop are sent and must where necessary be made with all supporting documents.

(2) Each registration by the customer represents a binding offer of contract for participation in an examination, an online training product or face-to-face training. By registering, the applicant confirms that he is also entitled to act for third parties, provided that he is not also the contractual service recipient. By registering, the customer acknowledges that the legal relationship with the provider is formed of the general terms of business alone.

(3) The customer declares that all the information provided by him at registration and/or registration in the online shop (e.g. name, address, e-mail address, bank details, statement of compliance with the entrance requirements, etc.) is truthful. The provider should be notified of any changes without delay.

(4) Representation of products in the online shop does not constitute a binding offer of the provider. Rather, the customer is invited to present a binding offer to the provider.

(5) The provider shall confirm receipt of the customer’s registration in the online shop in text form (e.g. by e-mail). This confirmation of receipt does not constitute binding acceptance of the registration.

(6) A contract is concluded following normal registration and written confirmation of booking by Highfive. This confirmation may also be made by e-mail.

Section 6 Payment conditions

(1) The prices current at the time of registration shall apply. Any additional costs arising will be indicated clearly to the customer on the registration page in the online shop.

(2) The full price is payable without discount. If payment of the full price is not made within 30 days from the due date and receipt of invoice or of another payment schedule of equivalent value, the customer shall enter into default.

(3) Any travel, accommodation, meal and other costs shall – except where these form an agreed price component of the examination/training concerned – be borne separately by the participant/customer.

(4) For multiple examinations of students at higher-education institutions, the amount in full must be transferred.

(5) Public examinations must be paid for in advance.

(6) The provider reserves the right to change the prices stated in the online shop prior to conclusion of the contract. In such a case, the order confirmation of the provider represents an amended offer for conclusion of the contract, such that the contract is concluded only when the customer accepts that offer separately.

(7) The customer may pay the price by prepayment, by credit card or against an invoice, at his discretion. Payments made by PayPal through the Highfive online shop are free of charge. Payments made by credit card are subject to a 5% supplement. The provider reserves the right to decline payment against invoice if the customer is already in arrears with a previous invoice.

(8) Any additional costs incurred for payments made from abroad must be borne in full by the customer. For the rest, the statutory provisions of the general payments system.

(9) The customer may only have a right to offset where his counterclaims are legally established or undisputed. The customer may only assert any right to withhold payment where his counterclaim is based on the same contractual relationship.

Section 7 Cancellation policy

(1) Right to cancel

You may revoke (cancel) the contract you have concluded within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation you must inform us,

Highfive GmbH

c/o WeWork Potsdamer Platz

Kemperplatz 1

10785 Berlin

Germany

E-Mail: team@high5startups.com

by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. You may use the template cancellation form provided, but this is not obligatory.

To comply with the cancellation period it is sufficient that the notification of cancellation is sent

before the expiry of the cancellation period.

(2) Consequences of cancellation

If you cancel this contract, we are obliged to refund to you all payments that we have received from you, including delivery costs (with the exception of additional costs that arose if you chose a different method of delivery from the lowest-cost standard delivery recommended by us), without delay and not later than within fourteen days from the date on which your notification of cancellation of this contract was received by us. For this refund, we will use the same method of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this refund.

If you have requested commencement of services during the cancellation period, you will be required to pay us an appropriate amount that corresponds to the proportion of the services already provided up to the time of your exercising of the right to cancel in respect of this contract relative to the overall scope of services agreed in the contract.

Special information on the forfeiture of withdrawal rights:

  1. The right to cancel shall also be forfeited in the case of a contract for provision of services where the contractor has already provided the service in full and only began to provide the service after the customer gave his express consent to this and confirmed his knowledge of the fact that he would lose his right of cancellation once the contract was executed in full by the contractor (Article 356 para. 4 German Civil Code (BGB)).
  2. The right of cancellation shall also be forfeited in the case of a contract for the provision of digital content not supplied on a physical data carrier (digital content that e.g. is not provided on a CD or DVD, etc.) where we have begun to execute the contract after the customer
  1. a) has expressly agreed to the contractor commencing execution of the contract before the expiry of the cancellation period, and
  2. b) has confirmed his knowledge that he will lose his right of cancellation through his agreement on commencement of the execution of the contract (Article 356 para. 5 German Civil Code).

For your information:

When a contract is concluded for online training, this means a contract for the supply of digital content not provided on a physical data carrier, so that point 2 above applies and the right of cancellation is void under the stated conditions of Article 356 para. 5 German Civil Code.

Sample cancellation form

(If you wish to cancel the contract, please complete this form and send it back to us.)
To: Highfive GmbH, c/o WeWork Potsdamer Platz, Kemperplatz 1, 10785 Berlin , Germany

Or : E-Mail: team@high5startups.com
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) – Ordered on (*)/received on (*)
– Customer name
– Customer address
– Customer signature (if notification is in hard copy only)
– Date
—-

(*) Delete as appropriate.

You may also use our ready-made form for your cancellation: Link to form

If you have further questions, please contact our customer services department.

Section 8 Liability

(1) The provider shall not be liable for infringements of the contract arising from slight negligence, provided that these do not affect material contractual obligations or guarantees or cause injury to life, limb or health or claims under the Product Liability Act (Produkthaftungsgesetz).

(2) Where the provider is also liable for slight negligence, that liability shall be limited to foreseeable damages typical for this type of contract.

(3) Where the liability of the provider is excluded or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the provider.

(4) The provider shall not be liable for the operability of data networks, server or data cables to his data centre or for the constant availability of his online shop.

(5) The provider shall not be liable for the accessibility and operability of service providers contracted to provide online services.

Section 9 Copyright and trademark law

(1) The copyright in all published objects created by Highfive i itself remains solely to i Highfive. Any reproduction or use of such graphics, audio documents, video sequences or texts in other electronic or printed publications is forbidden without the express consent of Highfive.

(2) All brand names and trademarks named on the internet offering and that may be protected by third parties are subject without restriction to the provisions of the applicable trademark law in each case and to the ownership rights of the registered owner. It should not be assumed from the mere mention of a trademark that it is not protected by the rights of third parties.

B. E-learning courses

§1 Subject of the Agreement

The provider shall provide the user with online access to the different e-learning courses on offer via the internet under these terms of use. The subject of the Agreement is not the sale, but the licensing of the user to access extracts from the online database within the scope of the relevant e-learning courses for the duration of the Agreement under these terms and conditions. Other conditions do not form the subject of this Agreement even if the provider does not expressly object to them. The point of transfer of the data will be the moment the provider connects its server to the data circuit. At this point the provider’s responsibility for data transfer ends.

The e-learning courses shall be made available to a contracting partner via the learning platform. The relevant terms of use of the contracting partner apply.

§2 Access and licensing

The user shall log in using the login details given to him by the provider. It is not permitted to transfer login details for a single-user licence to third parties.

§3 Duration of use

The duration of use for e-learning courses begins as soon as login details have been communicated and ends after the expiry of the activation period assigned to the particular e-learning course. The provider is entitled to withdraw authorisation of use at any time in the case of gross misconduct.

§4 Technical requirements

Highfive Virtual Academy functions best on the following browsers:

  • MS Internet Explorer 10, 11
  • MS Edge
  • Mozilla Firefox Version 45 Extended Support Release (ESR)
  • Google Chrome 54
  • Safari OS X
  • Mobile Browser Android>4 and iOS>9

Please use one of the browsers listed above to ensure that your course runs smoothly.

Courses can also be used on most current mobile devices.

Please ensure your pop-up blocker is deactivated.

Please complete the logout process fully before closing your browser’s window, otherwise you may have to wait up to 30 minutes to log in again.

§5 Technical help

Access technical support via: helpdesk@highfive.com, from Mon-Fri 9am to 5pm (except public holidays).

For basic troubleshooting and general support, use the Highfive Virtual Academy FAQs for further information. https://study.learntesting.com/pages/external-dashboard.jsf?dashboardId=2601341

§6 Rights

(1) All rights, in particular copyrighted rights of use and exploitation, to the e-learning courses and the learning platform belong exclusively to the provider or any of its partners.

(2) For the duration of the user agreement, the user shall have a non-exclusive and non-transferable right to use the data supplied online on one workstation. The user obtains the following rights in particular to the e-learning course and all components thereof: The user is entitled to conduct searches on its own behalf and copy part of the searched data to the RAM in his computer.

(2) Exporting all or large amounts of the data belonging to the e-learning course, particularly for the purposes of storage on the hard drive of one workstation or the provision of all or large amounts of the downloaded data for use on network servers is deemed a violation of contract and is expressly prohibited. (3) Any use of data belonging to the e-learning course as a data source for external data collection, databases or information services over the internet or to be used over the extranet is prohibited. It is not permitted to: transfer data in part or in full on electronic media, by data transmission or by paper copies; allow third party access to stored data; input data into a local retrieval system/intranet; or supply information on a commercial basis.

(4) The translation, editing, configuration and other modification of data is prohibited. The provider reserves the right, upon suspicion of improper use or other breach of contract, to investigate these processes and take appropriate measures or to block the user’s access. Damage claims shall remain unaffected.

§7 Obligations of the user

The user is bound to use the e-learning course appropriately and as contractually agreed. In particular he must not use his access rights improperly and must adhere to the accepted data security policy to ensure data protection. He should inform the provider immediately of improper use. The user shall indemnify the provider against any drawbacks the provider may suffer as a result of breach of the Agreement by the user or as a result of claims from third parties due to infringement of the Agreement by the user. The user shall bear any device and telecommunications costs.

The user shall take due care to ensure that unauthorised third parties do not gain access to user authorisation or to any copies made by the user, and that they do not obtain unauthorised knowledge of the contents of the data in the database.

Transfer of login details to unauthorised third parties is prohibited.

§8 Liability for e-learning courses

(1) The provider accepts no liability for the accuracy and completeness of data belonging to e-learning courses. The provider does not make any warranty, whether express or implied, that the data supplied is suitable for a particular purpose, nor that it is capable of performing a certain function, nor that it is accurate or up to date.

(2) The provider accepts no liability for breaches of obligation due to slight negligence, as long as this does not include breach of contractual duties or guarantees, damage to life, body or health or claims the customer has under the Product Liability Act.

(3) If the provider is liable for slight negligence, the liability is limited to the amount of foreseeable damage that is typical of the contract.

(4) If the provider’s liability is excluded or limited, the same shall also apply to the liability of the provider’s legal representatives, employees and agents.

(5) The provider accepts no liability for the functional capability of the data networks, servers or data circuits to its computer centre and the continuous availability of the learning platform.

C. Examinations

Section 1 External products

Examination are the products of third-party providers and as such are deemed to be external products.

Section 2 Role of Highfive with external products

(1) Highfive permits third-party providers to list and sell their products on its website. This can be seen on the relevant detailed product page. In such cases Highfive acts as a distributor.

(2) Even where Highfive enables transactions to take place in the Highfive online shop, Highfive is neither the purchaser nor the seller of these third-party products.

Highfive offers purchasers and sellers the possibility of conducting negotiations and concluding transactions. Accordingly, the contract that arises when a sale of such third-party products takes place is concluded solely between the purchaser and the seller.

Highfive is not a contractual partner and therefore takes no responsibility for that contract. Highfive is also not a representative of the seller.

(2) The seller is responsible for the sale of the products, for any complaints from the purchaser and for all other matters that arise from the contract between the purchaser and the seller.

(3) The contract is governed by the terms and conditions of use of the third-party provider concerned.

Section 3 Examination courses

Courses that are held by partners of Highfive are not subject to the validity of Highfive ’s terms and conditions of use but rather to those of the provider concerned (see Section 2).

Section 4 Miscellaneous

For the rest, the general regulations of these terms and conditions under points A and D apply.

D. Closing conditions

Section 1 Right of amendment

Highfive reserves the right to amend the present terms and conditions in response to changes in legislation, changes in jurisdiction or changes in economic conditions. Should this occur, Highfive will notify you separately.

Section 2 No waiver

If you are in violation of these terms and conditions of use, and we take no action against you, we shall remain entitled to assert our rights in any other instance in which you violate these terms and conditions of use.

Section 3 Miscellaneous

(1) If any of the provisions of these general terms of business is or becomes invalid or unenforceable, the validity or enforceability of the terms of business as a whole will not be affected or impaired thereby.

(2) For registrations via the online shop: The law of the Federal Republic of Germany applies. The applicability of mandatory norms of the state in which the customer is habitually resident at the time of conclusion of the contract is not affected by this choice of governing law.

(3) If there are any doubts as to the interpretation of the contract, the German version of these general terms of business shall always prevail.

(4) The UN Convention on the Sale of Goods is excluded.

 

General terms of business of the
Highfive GmbH for B2B

A. General

Section 1 Preamble

These general terms and conditions are the basis for all materialising legal relationships between Highfive GmbH c/o WeWork Potsdamer Platz, Kemperplatz 1, 10785 Berlin, Germany, registered in the German Commercial Register of AG Berlin Charlottenburg commerical registry no. 180531 B, represented by its managing director Stephan Goericke (hereinafter the “Provider” or “Highfive”) and its business customer (hereinafter the “Customer”).

Section 2 Definitions

Online Training: independent training and examination preparation by the customer on an online learning platform of a third-party provider (also available from the online shop under E-Learning or Online Course)

Examination: An examination (with or without preparatory training) for which, when passed successfully, the customer receives a certificate (also available from the online shop under Certification Examination)

Section 3 Use of data; data protection

(1) The personal data voluntarily supplied by the customer by registering is processed and stored exclusively in compliance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) for contractual purposes and for purposes of internal customer administration.

(2) Personal data of the customer is only gathered if and to the extent that the customer voluntarily discloses such data to the provider at registration and/or when using the online shop. This data will only be passed to third parties where this is necessary for the execution of the contractual relationship between the provider and the customer. The data will therefore – where necessary – be passed to the financial institution commissioned with payment processing. Beyond this, the data is not passed to any third party.

(3) The customer is entitled to obtain information at no cost about the personal data stored and where relevant to request that the data be amended, blocked or deleted.

(4) The provider reserves the right, for advertising, market research or to adapt his offers to suit customer needs, to create usage profiles based on the customer data collected and with the use of pseudonyms. The customer is entitled to object to this use of his usage data at any time.

(5) Questions concerning the collection, processing or use of personal data, requests for information, amendment, blocking or deletion of data and notification of revoking of previous consents may be forwarded to the provider at the address given in Section 1 of these general terms and conditions.

Please also read our data privacy statement and our statement regarding cookies and internet advertising, which also apply to your use of the online shop.

Section 4 Electronic communication; the written form requirement

When you use the Highfive website, online shop or send us e-mails, text messages or other communications from your computer or mobile device, these constitute electronic communication. Highfive will also communicate electronically by various methods, e.g. by e-mail, text messages or by publishing electronic messages or other communications on the website. For contractual purposes you agree to receive electronic communications from Highfive and you agree that all consents, notifications, publications and other communications that we issue do not in this respect require the written form, except where mandatory statutory regulations require a different form of communication.

Section 5 Registration for examinations or online training; conclusion of contract

(1) Registrations become legally binding when the products contained in the basket of the online shop are sent and must where necessary be made with all supporting documents.

(2) Each registration by the customer represents a binding offer of contract for participation in an examination, an online training product or face-to-face training. By registering, the applicant confirms that he is also entitled to act for third parties, provided that he is not also the contractual service recipient. By registering, the customer acknowledges that the legal relationship with the provider is formed of the general terms of business alone.

(3) The customer declares that all the information provided by him at registration and/or registration in the online shop (e.g. name, address, e-mail address, bank details, statement of compliance with the entrance requirements, etc.) is truthful. The provider should be notified of any changes without delay.

(4) Representation of products in the online shop does not constitute a binding offer of the provider. Rather, the customer is invited to present a binding offer to the provider.

(5) The provider shall confirm receipt of the customer’s registration in the online shop in text form (e.g. by e-mail). This confirmation of receipt does not constitute binding acceptance of the registration.

(6) A contract is concluded following normal registration and written confirmation of booking by Highfive. This confirmation may also be made by e-mail.

Section 6 Payment conditions

(1) The prices current at the time of registration shall apply. Any additional costs arising will be indicated clearly to the customer on the registration page in the online shop.

(2) The full price is payable without discount. If payment of the full price is not made within 30 days from the due date and receipt of invoice or of another payment schedule of equivalent value, the customer shall enter into default.

(3) Any travel, accommodation, meal and other costs shall – except where these form an agreed price component of the examination/training concerned – be borne separately by the participant/customer.

(4) For multiple examinations of students at higher-education institutions, the amount in full must be transferred.

(5) Public examinations must be paid for in advance.

(6) The provider reserves the right to change the prices stated in the online shop prior to conclusion of the contract. In such a case, the order confirmation of the provider represents an amended offer for conclusion of the contract, such that the contract is concluded only when the customer accepts that offer separately.

(7) The customer may pay the price by prepayment, by credit card or against an invoice, at his discretion. Payments made by PayPal through the i Highfive online shop are free of charge. Payments made by credit card are subject to a 5% supplement. The provider reserves the right to decline payment against invoice if the customer is already in arrears with a previous invoice.

(8) Any additional costs incurred for payments made from abroad must be borne in full by the customer. For the rest, the statutory provisions of the general payments system.

(9) The customer may only have a right to offset where his counterclaims are legally established or undisputed. The customer may only assert any right to withhold payment where his counterclaim is based on the same contractual relationship.

Section 7 Liability

(1) The provider shall not be liable for infringements of the contract arising from slight negligence, provided that these do not affect material contractual obligations or guarantees or cause injury to life, limb or health or claims under the Product Liability Act (Produkthaftungsgesetz).

(2) Where the provider is also liable for slight negligence, that liability shall be limited to foreseeable damages typical for this type of contract.

(3) Where the liability of the provider is excluded or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the provider.

(4) The provider shall not be liable for the operability of data networks, server or data cables to his data centre or for the constant availability of his online shop.

(5) The provider shall not be liable for the accessibility and operability of service providers contracted to provide online services.

Section 8 Copyright and trademark law

(1) The copyright in all published objects created by Highfive i itself remains solely to i Highfive. Any reproduction or use of such graphics, audio documents, video sequences or texts in other electronic or printed publications is forbidden without the express consent of Highfive.

(2) All brand names and trademarks named on the internet offering and that may be protected by third parties are subject without restriction to the provisions of the applicable trademark law in each case and to the ownership rights of the registered owner. It should not be assumed from the mere mention of a trademark that it is not protected by the rights of third parties.

B. E-learning courses

§1 Subject of the Agreement

  • The provider shall provide the user with online access to the different e-learning courses on offer via the internet under these terms of use. The subject of the Agreement is not the sale, but the licensing of the user to access extracts from the online database within the scope of the relevant e-learning courses for the duration of the Agreement under these terms and conditions. Other conditions do not form the subject of this Agreement even if the provider does not expressly object to them. The point of transfer of the data will be the moment the provider connects its server to the data circuit. At this point the provider’s responsibility for data transfer ends.
  • The e-learning courses shall be made available to a contracting partner via the learning platform. The relevant terms of use of the contracting partner apply.

§2 Access and licensing

The user shall log in using the login details given to him by the provider. It is not permitted to transfer login details for a single-user licence to third parties.

§3 Duration of use

The duration of use for e-learning courses begins as soon as login details have been communicated and ends after the expiry of the activation period assigned to the particular e-learning course. The provider is entitled to withdraw authorisation of use at any time in the case of gross misconduct.

§4 Technical requirements

Highfive Virtual Academy functions best on the following browsers:

  • MS Internet Explorer 10, 11
  • MS Edge
  • Mozilla Firefox Version 45 Extended Support Release (ESR)
  • Google Chrome 54
  • Safari OS X
  • Mobile Browser Android>4 and iOS>9

Please use one of the browsers listed above to ensure that your course runs smoothly.

Courses can also be used on most current mobile devices.

Please ensure your pop-up blocker is deactivated.

Please complete the logout process fully before closing your browser’s window, otherwise you may have to wait up to 30 minutes to log in again.

§5 Technical help

Access technical support via: helpdesk@highfive.com, from Mon-Fri 9am to 5pm (except public holidays).

For basic troubleshooting and general support, use the Highfive Virtual Academy FAQs for further information. https://study.learntesting.com/pages/external-dashboard.jsf?dashboardId=2601341

§6 Rights

(1) All rights, in particular copyrighted rights of use and exploitation, to the e-learning courses and the learning platform belong exclusively to the provider or any of its partners.

(2) For the duration of the user agreement, the user shall have a non-exclusive and non-transferable right to use the data supplied online on one workstation. The user obtains the following rights in particular to the e-learning course and all components thereof: The user is entitled to conduct searches on its own behalf and copy part of the searched data to the RAM in his computer.

(2) Exporting all or large amounts of the data belonging to the e-learning course, particularly for the purposes of storage on the hard drive of one workstation or the provision of all or large amounts of the downloaded data for use on network servers is deemed a violation of contract and is expressly prohibited. (3) Any use of data belonging to the e-learning course as a data source for external data collection, databases or information services over the internet or to be used over the extranet is prohibited. It is not permitted to: transfer data in part or in full on electronic media, by data transmission or by paper copies; allow third party access to stored data; input data into a local retrieval system/intranet; or supply information on a commercial basis.

(4) The translation, editing, configuration and other modification of data is prohibited. The provider reserves the right, upon suspicion of improper use or other breach of contract, to investigate these processes and take appropriate measures or to block the user’s access. Damage claims shall remain unaffected.

§7 Obligations of the user

The user is bound to use the e-learning course appropriately and as contractually agreed. In particular he must not use his access rights improperly and must adhere to the accepted data security policy to ensure data protection. He should inform the provider immediately of improper use. The user shall indemnify the provider against any drawbacks the provider may suffer as a result of breach of the Agreement by the user or as a result of claims from third parties due to infringement of the Agreement by the user. The user shall bear any device and telecommunications costs.

The user shall take due care to ensure that unauthorised third parties do not gain access to user authorisation or to any copies made by the user, and that they do not obtain unauthorised knowledge of the contents of the data in the database.

Transfer of login details to unauthorised third parties is prohibited.

§8 Liability for e-learning courses

(1) The provider accepts no liability for the accuracy and completeness of data belonging to e-learning courses. The provider does not make any warranty, whether express or implied, that the data supplied is suitable for a particular purpose, nor that it is capable of performing a certain function, nor that it is accurate or up to date.

(2) The provider accepts no liability for breaches of obligation due to slight negligence, as long as this does not include breach of contractual duties or guarantees, damage to life, body or health or claims the customer has under the Product Liability Act.

(3) If the provider is liable for slight negligence, the liability is limited to the amount of foreseeable damage that is typical of the contract.

(4) If the provider’s liability is excluded or limited, the same shall also apply to the liability of the provider’s legal representatives, employees and agents.

(5) The provider accepts no liability for the functional capability of the data networks, servers or data circuits to its computer centre and the continuous availability of the learning platform.

C. Examinations

Section 1 External products

Examination are the products of third-party providers and as such are deemed to be external products.

Section 2 Role of Highfive with external products

(1) Highfive permits third-party providers to list and sell their products on its website. This can be seen on the relevant detailed product page. In such cases Highfive acts as a distributor.

(2) Even where Highfive enables transactions to take place in the Highfive online shop, Highfive is neither the purchaser nor the seller of these third-party products.

Highfive offers purchasers and sellers the possibility of conducting negotiations and concluding transactions. Accordingly, the contract that arises when a sale of such third-party products takes place is concluded solely between the purchaser and the seller.

Highfive is not a contractual partner and therefore takes no responsibility for that contract. Highfive is also not a representative of the seller.

(2) The seller is responsible for the sale of the products, for any complaints from the purchaser and for all other matters that arise from the contract between the purchaser and the seller.

(3) The contract is governed by the terms and conditions of use of the third-party provider concerned.

Section 3 Examination courses

Courses that are held by partners of Highfive are not subject to the validity of Highfive ’s terms and conditions of use but rather to those of the provider concerned (see Section 2).

Section 4 Miscellaneous

For the rest, the general regulations of these terms and conditions under points A and D apply.

D. Closing conditions

Section 1 Right of amendment

Highfive reserves the right to amend the present terms and conditions in response to changes in legislation, changes in jurisdiction or changes in economic conditions. Should this occur, Highfive will notify you separately.

Section 2 No waiver

If you are in violation of these terms and conditions of use, and we take no action against you, we shall remain entitled to assert our rights in any other instance in which you violate these terms and conditions of use.

Section 3 Miscellaneous

(1) Additional or deviating agreements, changes or additions to these conditions must be made in writing. If one or more of the provisions of these general terms and conditions is or becomes invalid or unenforceable, this shall not affect the validity of the rest of the terms and conditions. The invalid or unenforceable provision must be replaced by one that comes as close as possible to the parties’ economic and legal intention of the original provision. This also applies to any loopholes.

(2) Place of execution and jurisdiction is Potsdam.

(2) For registrations via the online shop: The law of the Federal Republic of Germany applies. The applicability of mandatory norms of the state in which the customer is habitually resident at the time of conclusion of the contract is not affected by this choice of governing law.

(3) If there are any doubts as to the interpretation of the contract, the German version of these general terms of business shall always prevail.

(4) The UN Convention on the Sale of Goods is excluded.