GCI General Conditions of Sales
Welcome to AMATUM.com and thank you for using AMATUM.com to use AMATUM (APP, ACADEMY, AGENCY, ARTS) and other AMATUM services and apps. By using our services, services and apps, you agree to our terms and conditions. Please read our following user agreement carefully, you are entering into a legally binding contract!
Introduction to AMATUM (APP, ACADEMY, AGENCY, ARTS)
Last revised on 31.01.2020 We operate an online platform called AMATUM.com and a career platform.com for pupils, trainees, job seekers, specialists and managers. AMATUM has made it its business to support students, trainees, job seekers, specialists and executives with AMATUM (APP, ACADEMY, AGENCY, ARTS) and other AMATUM services and apps in career planning, skills development and the use of digitalized solutions to map career planning and actively shape individualized learning. Our services, benefits and services are designed to enable our members or clients primarily web-based instruction, seminars and workshops to work methodically and goal-oriented and to set career aspirations as a benchmark. For lessons in classrooms, the respective house rules of the event locations apply in addition to these General Terms and Conditions. We at AMATUM see ourselves as a link between digital natives, students, trainees, job seekers, specialists and managers looking for training, further education, studies or a job and the many small and medium-sized companies looking for suitable candidates for training or filling a vacancy. AMATUM was created to achieve “BIG UP” for our customers.
(1) By using AMATUM.com of AMATUM (APP, ACADEMY, AGENCY, ARTS) and other AMATUM services and apps, our services, benefits and services you agree to our terms and conditions. You conclude a legally binding contract and agree to these terms and conditions in their entirety. These terms and conditions apply exclusively. Terms and conditions that contradict or deviate from these Terms and Conditions and that AMATUM does not expressly accept in writing are not binding, even if AMATUM has not expressly contradicted them.
(4) AMATUM reserves the right to change these conditions of participation and use at any time, even within the existing contractual relationships. AMATUM will inform you about such changes at least 30 calendar days before the planned effective date of the changes. If you do not object within 30 days after the changes are announced and continue to use the services after the objection period, the changes are considered valid from the expiration of the period. In case of your objection, the contract will be continued under the previous conditions. AMATUM will inform you of your right to object and the consequences in the notification of change. These conditions are subject to changes by AMATUM, which AMATUM reserves the right to make in the future should adjustments or changes become necessary. If you do not agree to this agreement, DO NOT click on “Become a member”, “Register” or similar and do not access our services in any way.
§2 AMATUM Services & Benefits
This contract regulates the sale of services in the area(s) of career planning, career consulting, personnel development, personnel placement, job placement, portal solutions via AMATUM.com and the associated career platform.com. Furthermore, this agreement covers the company services such as in-house services or outsourcing partner and other offers. For the details of each offer, please refer to the product description on the offer page. Basically, there is no claim to a specific course! The topics as well as the contents can change, which is why we reserve the right to continuously optimize our offer and adapt it to the current conditions. Furthermore, the order of registration for participation in a course is valid. There is no claim to a course. The legal process is excluded! If the maximum limit of 20 registrations for a course is reached, AMATUM.com reserves the right to postpone or reserve registrations for another course or another date.
§3 Prices and terms of payment
(1) You will meet your payment obligations and agree that we may store your payment information. Fees and taxes may also be added to our prices. We do not guarantee refunds.
(2) The customer only has the following payment options: direct debit, payment service provider (PayPal), one-time payment of the total invoice. Other payment methods are not offered and will be rejected. The invoice amount will be collected by the provider by means of direct debit from the customer’s specified account on the basis of the customer’s direct debit authorization. The use of an escrow service/payment service provider is excluded.
§4 Authorisation to register & obligations
(1) The use of the services available on AMATUM.com requires registration as a “Member”, “Account” or “Premium Account”. There is no entitlement to a membership. AMATUM is entitled to reject requests for participation without giving reasons.
(2) In order to use the services and benefits available on AMATUM.com, you must confirm that you are of the “minimum age” required for use in your country. “Minimum age” means an age of 16 years in Germany. However, if the law requires that you must be older in order for AMATUM to legally make the services and benefits (including collection, storage and use of your information) available to you, “minimum age” means the corresponding (higher) age in the EU (European Union) and Switzerland. The Services are not intended for use by children under the age of 16.
(3) You only maintain an account on AMATUM which you have created with your real name. You confirm to AMATUM that you have not already been excluded from using the Services by AMATUM.
(4) Your membership begins with registration on AMATUM.com and acceptance of the Terms and Conditions. You confirm that you will keep your password secret and choose a strong or secure password. You will not share your membership or account with others, transfer it in part or in full to others or make it available to others in any other way. You are responsible for all actions taken through your account, unless you have closed the account or reported abuse. You will comply with our terms and conditions and the law.
(5) Should another party (for example your employer, client or training company) purchase a “Premium Account” for you, the party paying for the “Premium benefits and services” is responsible for this account, which is different from your personal account. This party may terminate your access to this account.
(6) You agree that we may use AMATUM.com AMATUM (APP, ACADEMY, AGENCY, ARTS) and other AMATUM services and apps, as well as benefits and services to send you important notifications. This agreement applies to all information that can be used and communicated on our portals. If the contact information you provide is not up to date, you may not receive these notifications. You agree that we may notify you by posting banner messages on our service, through an email address you provide, or through other means, including mobile numbers or other society forums (such as Facebook). You agree to keep your contact information up to date.(7) Your membership begins with your registration on AMATUM.com and the acceptance of these terms and conditions. You confirm that you will keep your password secret and choose a strong or secure password. You will not share this account with others and will comply with our Terms and Conditions and the law.
(8) Your membership begins with registration on AMATUM.com and acceptance of these Terms and Conditions. You confirm that you will keep your password secret and choose a strong or secure password. You will not share, transfer or make available your membership or account to others. and will comply with our Terms and Conditions and the law.
(9) Your membership includes obligations to cooperate. Although you are the client, it is essential, especially in the case of services such as learning, career development, that you cooperate, do learning exercises, take part in examinations and preparation dates and are active in the virtual classroom. This means that for us, just as we trust that when they register to participate in a course, at the beginning of the course, they create the framework conditions for concentrated learning, the other course participants trust that they can experience the most diverse evaluations of experience and ambiguity possible.
(10) In teaching and learning we follow the 4 principles of learning. 1. learning is personalized, 2. it is competence-based, which is why we grant ourselves the right to reject participants or make an alternative suggestion, 3. learning happens anytime and anywhere, which we support with our virtual solutions, and 4. student stake ownerships (learners take responsibility for their learning!) We can only support you here and show you possibilities, teach you and together with you structure the learning material and provide tests. Learners take over responsibility!
§5 Membership rights and restrictions
(1) All personal data, information, content and your messages published by you that you make available to us are your property. However, you grant us a non-exclusive license for this material. Who sees your data and content is entirely at your discretion, which we respect. You agree to provide us only with information and content that you are permitted to share with us. You also assure us that your profile on AMATUM.com corresponds to the facts. Untrue information can lead to the termination of your account and to a report.
(2) In this agreement between AMATUM and you, you are the owner of the content and information you submit to AMATUM.com and/or publish there. You grant AMATUM a non-exclusive, transferable, royalty-free, worldwide license to use any content you provide on or in connection with AMATUM, AMATUM is granted the right to use, copy, modify, distribute, publish and process information and content you provide via our services without further consent from you or notification and/or compensation payment to you or third parties.
(3) You agree that we may access, use and store any information that you provide under the terms of the DSGVO (Data Protection Ordinance) and in accordance with our Terms and Conditions. The processing of your content, for example editing and changing the formatting (for example by making translations, changing size, layout or file type or removing metadata to make it available in a template for a cover letter or in a defined template for a short profile, a long profile, an anonymised profile or a profile in English), does not change the meaning of your contributions, your background or your experience.
(4) Members agree that you will only provide content and information that does not violate the law or infringe the rights of third parties, that you will not violate intellectual property rights and contracts. You also agree that your profile data is true. Failure to provide truthful information may result in a charge of fraud and forgery.
(5) There is no claim to the availability of our services. We reserve the right to change or terminate any part of our services. We are not obliged to store or continue to display information and content published by you. We may change, suspend or terminate any of our services and change our prices in the future at our discretion. To the extent permitted by law, these changes will take effect when we notify you.
(6) AMATUM.com is not a storage service. Members agree that we are not obliged to make available to you a copy of any content or information provided by you or any other person and that we are not obliged to store or retain any such content or information. Members decide for themselves which data they enter, update, change or remove. AMATUM cannot access any data that has been removed by members.
(7) Viewing or using the content and information of other persons published on our services is at your own risk. Third parties may offer their own products and services through AMATUM (e.g. information from the pages of the Federal Employment Agency). We are not responsible for such third party activities. By using the services, you may be exposed to content or information that may be false, incomplete, late, misleading, illegal, offensive or otherwise harmful. As a matter of principle, we do not check the content provided by our members. You acknowledge that we are not responsible for the content or information provided by third parties (including other members) and for any damage you may suffer as a result of using or relying on such information or content.
(8) Members are free to access third party apps or websites that are accessible via a link on our services and you must take responsibility for this. If you allow a third party website or app to authenticate you or connect to your AMATUM account, this app or website may access information on AMATUM related to you and your contacts. Third party Apps and websites are subject to their own terms and conditions and privacy policies. You may allow the operator to use your information in a way that deviates from our practices. AMATUM is not liable for these other websites and apps, unless required by applicable law to a limited extent. The use of these websites and apps is at your own risk.
§6 Disclaimer and limitation of liability
(1) We hereby declare ourselves not liable for the quality, safety or reliability of our services. To the extent permitted by law, AMATUM and its cooperation partners disclaim any implied warranties and representations (e.g. warranty to find a training and/or employment position, suitability for a specific purpose or position, accuracy of the data provided, title and infringement).
(2) AMATUM does not guarantee that the services and performances will function without interruption or errors (bugs can always occur). AMATUM provides the services (including content and information) in “ACTUAL STATE” and “AS AVAILABLE”.
(3) AMATUM formulates a disclaimer or limitations of liability within the legally permissible scope. AMATUM and cooperation partners disclaim any liability to you or any other person for indirect, incidental, consequential, special, punitive, indirect or civil damages, or for loss of data, opportunity, reputation, revenue or profit in connection with our services. In no event shall AMATUM’s liability exceed an amount totaling all damages, which exceeds the amount paid by you for “Premium Account” by five times.
Both parties may terminate this agreement at any time upon request. AMATUM or Members may terminate this Agreement at any time by notifying (via e-mail) the other party and receiving a confirmation from us. Upon termination, you lose the right to access or use the services. Paid fees will not be refunded. After termination, the non-disclosure agreement and the non-disclosure of information about AMATUM benefits and services remain in effect. AMATUM also commits to the confidentiality agreement and not to pass on your information.
§8 Settlement of disputes
In the event of a legal dispute between AMATUM and you, this will take place in a court of law of the city of Frankfurt am Main, Germany, under application of German law and regulations. We will not participate in any dispute resolution proceedings before a consumer arbitration board.
§9 Severability Clause
(1) If a court of competent jurisdiction decides on this agreement that a part of the agreement is not enforceable, AMATUM and you agree to the court to amend the terms and conditions so that the part in question is enforceable, while the intention of the agreement remains unchanged. If the court is unable to do so, AMATUM and you agree to request the court to remove the unenforceable portion and enforce the remainder of this Agreement.
(2) This agreement and these Terms and Conditions constitute the terms and conditions for contracts (including additional terms and conditions that we will notify you when you use a specific service or services), is the only valid agreement between AMATUM and you.
(3) If we do nothing to counteract a violation of these terms and conditions, this does not mean that AMATUM has given up its right to enforce this agreement. Members are not allowed to transfer this agreement (or your membership or use of the services) to any person without our permission. We reserve the right to change the terms and conditions of this agreement, notify you in this case and confirm that changes will not apply retroactively. If you do not agree to these changes, you may not continue to use the Services.You confirm that you will send legal notifications as PDF documents or scan to our e-mail address.