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KigaPortal

Lesson Ideas for Kindergarten and Pre-K

 

GENERAL TERMS AND CONDITIONS FOR THE USE OF

KIGAPORTAL.COM

2012-12-06

 

1.               Area of validity

     

    1.1.           „Kigaportal“ includes all functions and service offers, which are offered on the website www.kigaportal.com (including national and international subdomains) by Hohe Medien OG.

     

    1.2.           The use of these services is exclusively subject to these General Terms and Conditions (in the following „GTC“). Opposing GTC shall only apply, if Kigaportal has explicitly accepted them in writing.

     

    1.3.           The present GTC apply to entrepreneurs as well as consumers. Should they apply to a legal relationship with consumers within the meaning of the Consumer Protection Act “CPA”, then they shall only apply as long as they do not contradict the mandatory provisions of the CPA.

    1.4.           By using the functionality and the services of „Kigaportal“ the user accepts the binding force of these GTCs, regardless of whether the user is registered or not (non-registered users as well as registered users without liability to pay, will in the following be referred to as „Guests“ and registered users with liability to pay as „Subscribers“).„Kigaportal“ therefore recommends that its users carefully read these GTS before usage of the services.

     

    1.5.           „Kigaportal“ reserves the right to change the GTC at any time. Users will be informed about any changes of the GTC online on the website of „Kigaportal“ or via email The changes shall be applicable with the publication of the modified GTC (subject to the special provisions for Subscribers under Section 3.6).

     

    1.6.           In the event of changes in the structure of ownership (partial, respectively entire change in the structure of ownership) „Kigaportal“ is entitled to transfer all the acquired rights and data of users to the new owner.

     

    1.7.           The GTC are divided in three parts, the „general terms of usage“, which apply for Guests as well as registered users as well as Subscribers, the „special terms of usage“, which apply exclusively for Subscribers as wells as the „final provisions“, which also apply to all users.

     

     

    2.                General Terms of usage

       

      2.1.           Scope of services

       

      2.1.1.     „Kigaportal“ provides to its users the respective services offered on its website. The connection of the user to the internet is not included in „Kigaportal’s“ scope of services. The user herself, on her own cost and own risk, is obligated to establish an internet connection, which suffices her needs.

      2.1.2.     The services provided can be discontinued at any time. As far as the discontinuance affects Subscriber services with liability to pay, „Kigaportal“ shall inform the Subscriber by publication on the website with regard to the upcoming discontinued services.

       

      2.2.           Availability, Customer service

       

      2.2.1.     „Kigaportal“ shall assure the best possible availability, accuracy, punctuality and reliability of its services. The user does however acknowledge that no guarantee can be provided neither in material nor technical respect. „Kigaportal“ shall however do everything possible, to overcome emerging problems.

       

      2.2.2.     Complaints can be send by email or letter to „Kigaportal’s“ customer service.

       

      2.3.           Liability

       

      2.3.1.     „Kigaportal“ is made available with and reflects the current general technical standard.

       

      2.3.2.     „Kigaportal“ explicitly points out to its users, that for any implementation of the instructions as well as any other educational content provided on the homepage, the supervision of a custodian, pedagogue or other trained personnel is required. In this respect the user also has to obey the safety regulations of the respective country. The respective supervisors themselves are responsible, that the required safety regulations are fulfilled and may in this regard not rely upon the instructions provided by „Kigaportal“. The user confirms that „Kigaportal“ had pointed out the necessity of compliance with these duties. „Kigaportal“ is not responsible to annotate the published instructions with safety advices and shall not be liable for any kind of damages resulting from a violation of this obligatory supervision and/or safety regulations.

       

      2.3.3.     Furthermore, „Kigaportal“ shall not be liable for any kind content, accuracy, currentness, reliability, abuse, writing- and transmission error, identity- and contact information of the user.

      2.3.4.     „Kigaportal“ shall not be liable for the compatibility of the internet services with the user’s hard- respectively software. Furthermore „Kigaportal“ shall not be liable for the continued availability of the internet service, viruses, abuse or damages, caused by the user’s improper handling or inadequate used hard- or software, for malfunctions caused by the connection to the internet, for application errors through the user or for any other malfunctions, caused by the use of „Kigaportal“.

      2.3.5.     „Kigaportal“ shall not be liable for a failure of the server. „Kigaportal“ is entitled to temporarily discontinue the internet service for cause (for instance: maintenance, safety, capacity-, improvement reasons).

      2.3.6.     The links published on „Kigaportal’s“ website are carefully selected – with exemption of the content and data published by the users in the community area (Section 2.5) – no liability is assumed for the content of the sites offered via the link. In case a user gains knowledge of linked sites with unlawful content, she will immediately notify „Kigaportal‘s“ customer service by email.

       

      2.3.7.     As far as „Kigaportal“ can be held liable according to the legal provisions, its liability is limited to intent and gross negligence. Any further liability, in particular for slight negligence, atypical damages, lost profit, damages resulting from a defect, indirect – and subsequent damages, damages to third parties, loss of interest, etc, is explicitly excluded. „Kigaportal‘s“ liability is furthermore limited with a maximum amount corresponding to the subscription price of the affected user. The burden of proof for „Kigaportal‘s“ fault is upon the user.

       

      2.4.           Copyright, Scope of use

       

      2.4.1.     The services and content provided by „Kigaportal“ (for instance pictures – and text documents) are copyright protected. They may only be used by the user within the scope of their personal work area exclusively according the personal use as defined by the Copyright Act. Any further publication, dissemination or storage is forbidden.

       

      2.5.           Community-Area (Forum etc.)

       

      2.5.1.     Each user herself is responsible for the content and data she published in the community-area of „Kigaportal“, in particular this applies to possible violations of third party copyrights. The user declares to indemnify and hold „Kigaportal“ harmless against damages caused by information and data put in circulation by her, in particular against private actions for defamation (Sec. 111 Criminal Code) or slander (Sec. 115 Criminal Code), email advertising (Sec. 107 Telecommunication Act), proceedings according to the Media Act, the General Civil Code, the Copyright Act or other applicable legal provisions.

       

      2.5.2.     With the publication of content in the community-area of „Kigaportal“, the user transfers all intellectual property rights associated to „Kigaportal“. By posting content on „Kigaportal“ the user grants a non-exclusive, transferable, sub-licensable, license free of charge to „Kigaportal“. This license ends with the removal of the content through „Kigaportal“ or the user, as far as the content was not shared with the content of other users and can therefore not be deleted anymore.

      2.5.3.     The uploading of viruses or other malicious code is prohibited and will be prosecuted in criminal and civil law courts.

       

      2.5.4.     The publication of non-authorized advertising communication on „Kigaportal“ is prohibited and in the event of a violation, any benefits gained must be reimbursed to „Kigaportal“.

       

      2.5.5.     Actions that impair, overload or even block the flawless operation of „Kigaportal“ are prohibited and will be prosecuted in criminal and civil law courts.

       

      2.5.6.     The user is not allowed to capture data and content from other users by applying automated mechanisms like Bots, robots, Spider or Scraper, etc.

      2.5.7.     „Kigaportal“ randomly monitors the contents of community-area and reserves the right to remove content, that violates legal provisions or shows violence glorifying, racialist, xenophobic or pornographically tendencies or is in any other way discriminating or insulting.

      2.5.8.     For the use of the community-area the registration of the user is required. The user is required to fill in the registration form truthfully.

       

      2.5.9.     Changes in the registration data are to be updated by the user in the respective customer service area (My subscription, respectively my account).

       

      2.6.           Data protection

       

      2.6.1.     „Kigaportal“ shall be obligated to comply with the data protection laws in their current version.

       

      2.6.2.     The following personal data will be determined and processed:

       

      • name, mailing- and email address as well as other data provided by the user;

       

      • contractual related date, like in particular commencement of the contract, payment modalities, received payments, billed amounts.

       

      2.6.3.     The user undertakes to provide all data correctly, completely, truthfully and according to the legal provisions. The user has to update her data at all times. The registration of a legal entity can only be done by a natural person authorized to represent that entity.

       

      2.6.4.     „Kigaportal“ reserves the right to request the appropriate proof from the user with regard to accuracy of the data.

       

      2.6.5.     The user assents to the determination, processing, saving and transmission of personal data through „Kigaportal“, as far as this happens in connection with the services provided by „Kigaportal“.

      2.6.6.     The user assents, that the site „Kigaportal“ will be analyzed with services of third parties, like for instance „Google Analytics“.

       

      2.6.7.     Subject to Section 2.6.5, „Kigaportal“ shall treat personal data confidentially and shall in particular not provide it to third parties for commercial purposes.

       

      2.6.8.     Upon submission of the registration data the user consents to the saving, processing and transmission of data according to Sections 2.6.5 and 2.6.6.

       

      2.6.9.     The user undertakes to keep her login data secret and protect it from the access of third persons. The user has to immediately notify customer service about any kind of abuse or unauthorized access in writing. Up until this notification every action or use of „Kigaportal“ in connection with the login data will accounted to the user. „Kigaportal“ as well shall be obligated to keep the user’s login data secret.

      2.6.10.  „Kigaportal‘s“ users are prohibited from forwarding their login data to third parties. In case of violation, the affected user shall be liable for any damages „Kigaportal“ experiences by this unauthorized use. In particular the user shall be liable to „Kigaportal“ in the event that the third party claims damages from „Kigaportal“.

       

      2.7.           Consent to receive information

       

      The user revocably consents, that „Kigaportal“ can send information (in particular regarding to alteration) concerning the website of „Kigaportal“ to the mailing or email address provided by the user.

       

      3.                Special terms of usage for Subscribers

         

        3.1.           Scope of services

         

        3.1.1.     „Kigaportal“ has established an exclusive area for its Subscribers on its website. In the subscription-area, Subscribers can access additional services of „Kigaportal“ for an extra fee.

         

        3.1.2.     „Kigaportal“ provides pedagogical content in the subscription-area. The Subscriber does not have a right to request the change of this content at a certain point in time, respectively concerning special content.

         

        3.1.3.     During the „Kigaportal‘s“ company holidays no new content will be available.
        Company holidays are:

         

        Christmas:   2 weeks

        Easter:            1 week

        Summer:         4 weeks

         

        Particularities are to be obtained from the website, respectively from the „Kigaportal“ newsletter.

         

        3.2.           Single- and multiple licenses

         

        3.2.1.     Subscriptions to „Kigaportal“ are generally designated to one particular person, therefore usually constitute a single license.

         

        3.2.2.     The owner of a single license in not allowed, to pass on the „Kigaportal“ services to third parties. As far as the services provided for Subscribers are used by the owner of a single license within the limits of organizationally connected institutions, the individual subscriber is not allowed to use the services beyond her person or her personal working area and, in particular, is not allowed to pass on these services to other organizations, institutions or colleagues, even if they might be organizationally connected with the institution, in which the Subscriber works.

         

        3.2.3.     For the collective use of „Kigaportal‘s“ subscription offers within the framework of organizationally connected institutions, each user must obtain her own license. There is the possibility to acquire multiple licenses, which „Kigaportal“ specifically marked as such on the Subscription order site.

         

        3.3.           Registration

         

        3.3.1.     Registration is done by filling in and sending the electronically available registration form on the website of „Kigaportal“. The Subscriber undertakes, to truthfully fill in the registration form and to provide a valid email address. Incorrect information – even if they are made on accident – shall not go the „Kigaportal‘s“ disadvantage.

         

        3.3.2.     „Kigaportal“ reserves the right to change the registration formalities according to the registration form at any time.

         

        3.3.3.     Basis for the registration is the email address provided by the user. If an invalid email address was provided, the registration process cannot be concluded.

         

        3.3.4.     Changes in the registration data are to be updated by the user in the appropriate customer-service area (my subscription). Communications respectively possible refunds of subscription fees specifically agreed upon with „Kigaportal“ are considered to be validly served, respectively made, to the address, respectively bank details last provided

        3.4.           Login data (Login)

         

        3.4.1.     After successful registration the Subscriber receives the login date for the Subscription area by email. The login is done by entering the Subscriber’s email address as well as the automatically generated password, which the Subscriber received after submission of the registration form by „Kigaportal“, and which can be changed by the Subscriber at any time according to her personal preferences.

         

        3.4.2.     „Kigaportal“ shall not be obligated to verify the receipt of the password at the email address provided by the Subscriber. The user shall independent upon the receipt of the password be obligated to pay as soon as she submits the registration form.

         

         

        3.5.           Subscription fee, due date

         

        3.5.1.     After registration the invoice will be made available either on the website or will be emailed or mailed to the address provided. The different subscriptions and the current prices for these subscriptions are available on „Kigaportal‘s“ website.

        3.5.2.     The payment of the subscription fee shall be done on account or via PayPal. „Kigaportal“ reserves the right to accept other modalities of payment.

         

        3.5.3.     For payment on account the following applies: The payment for the subscription is due within 7 workdays after generation of the invoice. If the subscription is extended according to Section 3.6.2 due to failure to terminate, the Subscriber receives an invoice for the entire new subscription term. In this case the terms stated above regarding due date and modalities of payment shall apply.

         

        3.5.4.     In case of arrear of payment despite reminder, the access to the subscription area will be blocked. „Kigaportal“ „Kigaportal“ has the right to charge interest in the amount of 10 % per year as well as reminder- and processing fees, plus postage for due subscription fees in such cases.

        3.6.           Term and termination of a subscription

         

        3.6.1.     The contract is concluded, when the Subscriber’s declaration on conclusion of the contract (properly filled in registration form) is received in writing or electronically by „Kigaportal“.

         

        3.6.2.     Provided that the subscription is not terminated by the Subscriber in writing (by email or online termination form or registered letter) at the latest with the last day of the subscription (date of receipt by „Kigaportal“ ), the subscription shall automatically extend for the respective term. 

        3.6.3.     The Subscriber can terminate her subscription at any time with the end of the subscription term.

         

        3.6.4.     If the Subscriber violates the GTC or duties arising out of the application form, then „Kigaportal“ shall be entitled to terminate the Subscription without notice with immediate effect.

        3.6.5.     In case of a timely termination by the Subscriber (see Section 3.6.2.) the Subscription, respectively the contract between “Kigaportal” and the Subscriber ends with the last day of the respective subscription. A refund of already paid subscription fees will not be made in this case as well as in case of a termination by „Kigaportal“.

        3.6.6.     If the subscription was not fully paid at the time of termination, the remaining amount of the subscription fee shall be due immediately.

         

        3.7.           Changes in the conditions for subscriptions

         

        „Kigaportal“ reserves the right to change the conditions for subscriptions at any time, in particular regarding their duration and price, whereby current subscriptions shall be exempt from such changes up until the expiration of the respective (original) term. The new conditions shall apply to those subscription terms, which were extended due to the not timely termination according to Section 3.6.2. Subscribers will be informed about the changes by email or online on the homepage of „Kigaportal“.

         

        3.8.           Right of withdrawal (Sections 5e and 5f CPA)

         

        Since the account is immediately available for users upon registration, and „Kigaportal“ provides its service starting with conclusion of the contract, the right to withdraw from the contract is excluded according to Sec. 5e CPA.

         

        3.9.           Trial-Subscription

         

        3.9.1.     „Kigaportal” offers its users the possibility, to test a certain subscription area provided by „Kigaportal“ for a time period to be determined by „Kigaportal“, free of charge and unconditionally in the form of a trial subscription.

         

        3.9.2.     The trial subscription begins, when the declaration of the trial subscriber on the conclusion of the contract (properly filled in registration form) is received by „Kigaportal“ in writing or electronically and ends automatically after the time period to be determined by „Kigaportal“. The time period of the trial subscription shall be communicated by „Kigaportal“ on the website.

         

        3.9.3.     For the registration, the access to the trial subscription area as well as the Trial Subscriber’s handling and responsibility in connection with her password, the above mentioned sections apply accordingly.

         

         

        4.                Final Provisions

           

          4.1.           Severability clause

           

          The invalidity of individual sections shall not affect the validity of the remaining sections of the GTC. An invalid clause shall be replaced by a valid clause, which economically and legally comes closest to the invalid’s intent and purpose. The same applies for possible regulatory gaps.

           

          4.2.           Language of the contract, Jurisdiction, Applicable law

           

          4.2.1.     The present GTC are concluded in the German language. Possible translations can be produced. The German version of the GTC is considered to constitute the original and to be applied for possible questions regarding construction- and interpretation.

           

          4.2.2.     Austrian law, excluding the rules concerning the conflict of laws, shall apply.

           

          4.2.3.     It is agreed, that the competent Courts of Graz, Austria, shall have jurisdiction over disputes in connection with the present contract.

           

          2012, HOHE Medien OG (KiGaPortal) http://www.kigaportal.com

          DVR:0051853 Reg.Nr.:601030908