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Los geht's

General terms and conditions

General terms and conditions for visitors:

Last change of terms and conditions for visitors: 18.03.2019.

1. scope of application

1.1 These General Terms and Conditions for Visitors (hereinafter referred to as "GTC") of findyourteacher GbR (hereinafter referred to as "Operator") with its registered office at Postfach 1004 24, 42504 Velbert, Germany apply to all visitors to the website www.findyourteacher.de (hereinafter referred to as "Website") who do not make use of the contractual services on the Website (hereinafter referred to as "Visitors") as users with a profile subject to a fee (hereinafter referred to as "Teachers") or as users with a profile free of charge (hereinafter referred to as "Students"). The General Terms and Conditions also apply to teachers or students if they do not visit the Website in their capacity as teachers or students, but as visitors.

1.2 Teachers who, in this capacity, make use of the contractual services of the Operator for Artists on the Website are subject to the special "General Terms and Conditions for Teachers".

2. contract of use

2.1 By the visit of the web page a free use contract comes off between the operator and the visitor about the use of the web page under validity of these AGB between the operator and the visitor.

2.2 On the website there are profile pages of teachers on which the teachers present themselves. The purpose of the teachers' presentations is for visitors to the website to contact the teacher via the website in order to possibly instruct the teacher. The operator only provides the possibility to contact the teacher during the use of the website. However, he does not become a legal party to a contract between the teacher and a visitor. In particular the operator is not representative, mediator or broker of a contract between the teacher and a visitor. All contract components, as well as changes and cancellations are negotiated, agreed and carried out solely between the teacher and the visitor. The teacher himself is responsible for compliance with the legal regulations.

2.3 The visitor can

    to find out about the teachers,
    Contact the teacher if the teacher has booked this function,
    evaluate the teacher after a lesson.

2.3 When contacting a teacher, the visitor must provide a valid e-mail address and telephone number.

2.4 The purpose of the contract between operator and visitor is as follows:

If a visitor has contacted a teacher via the website, the operator is entitled to contact the visitor via the e-mail address provided by him/her in order to alert him/her to new messages from the teacher to the visitor, to check the status of the request or to send him/her messages regarding his request. Similarly, once the visitor has booked the teacher, the operator is entitled to contact the visitor via the e-mail address provided by him/her in order to give him/her the opportunity to rate the artist.

3. responsibility for the contents

3.1 The respective teachers or visitors are solely responsible for all content posted by the teachers and for all reviews submitted by visitors. They exclusively reflect their views. Ratings and comments are not read by the operator or checked for correctness, completeness and relevance.

3.2 The visitor has to give only truthful and factual information when submitting a rating. These may neither contain racist, xenophobic, discriminatory contents nor violate the rights of third parties, in particular copyrights, trademark rights and personal rights as well as rights of a competition law nature. Furthermore, they may not violate these GTC or applicable law, in particular criminal law and morality.

Furthermore, advertising for commercial websites or other products is not permitted. Otherwise, the statutory provisions must be complied with.

4. availability

The operator makes every effort to keep the website and its functions available as constantly as possible. Permanent availability is technically impossible and can therefore not be guaranteed to the visitor by the operator. In particular maintenance, security or capacity concerns as well as events which are not within the operator's sphere of control (disturbances of public communication networks, power failures etc.) can lead to disturbances or to the temporary discontinuation of the website or its functions. As far as possible, the operator will carry out the maintenance work at times when there is little use.

5. rights of the operator

If the visitor violates his obligations with the posted content, the operator is entitled to delete the posted content in whole or in part.

6. exemption from liability

The visitor indemnifies the operator from all claims which third parties assert against him because of violation of their rights due to content posted by the visitor (for example reviews) or because of his other use of the website. The visitor assumes the costs of the necessary legal defense including all court and attorney's fees in an appropriate amount. This does not apply if the visitor is not responsible for the infringement. The visitor is obliged to provide the operator immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.

7. liability for damages

7.1 The operator is liable without limitation for damages which are covered by the liability according to mandatory legal regulations, such as the Product Liability Act.

7.2 The operator is liable without limitation for damages resulting from injury to life, limb or health which are based on an intentional or negligent breach of duty or fraudulent intent as well as in the case of the assumption of guarantees.

7.3 The following applies to other damages:

7.3.1 The operator is liable for intentional and grossly negligent violations of contractual and legal obligations.

7.3.2 The Operator is liable for intentional and negligent breaches of essential contractual obligations (so-called cardinal obligations); for simple negligent breaches, liability is limited to the foreseeable, typically occurring average damage. Cardinal obligations or essential contractual obligations are obligations which the contract imposes on the operator in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the visitor may regularly rely on.

7.3.3 Notwithstanding the provision in 7.3.1, the Operator shall be liable for simple negligent breaches of insignificant contractual obligations limited to the foreseeable, typically occurring average damage.

7.4 In regulations 7.1 and 7.2, breaches of duty by vicarious agents and legal representatives of the Operator are equivalent to breaches of duty by the Operator.

7.5 Liability is otherwise excluded.

8. notification of infringements of rights

Should the visitor be of the opinion that any content on the website violates his copyright, industrial property rights, labelling rights or other property rights, he shall first inform the operator thereof. The operator will then remove the corresponding content after verification.

9. data protection

The data protection declaration of the operator applies.

10. final provisions

10.1 The contract concluded with the visitor is subject exclusively to German law.

10.2 If the visitor is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be our registered office in Velbert. The same shall apply if the visitor has no general place of jurisdiction in Germany or the EU or if his place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to also appeal to the court at another statutory place of jurisdiction.

General terms and conditions for users with a paid profile:

Last change of the general terms and conditions for users with a paid profile: 18.03.2019.

1. scope of application and general regulations

1.1 These General Terms and Conditions for Users with a Paid Profile (hereinafter referred to as "GTC") of findyourteacher GbR (hereinafter referred to as "Operator") with its registered office at Postfach 1004 24, 42504 Velbert, Germany, apply to all contracts concluded by Users with a Paid Profile (hereinafter referred to as "Teacher") with the Operator with regard to the services for Teachers presented on www.findyourteacher.de (hereinafter referred to as "Website").

1.2 The Teacher must register in order to use the services of the Operator. With the registration he concludes the contract "teacher entry".

1.3 The purpose of the "Teacher Entry" contract is to provide the teacher with a presentation option on the website.

1.4 With the conclusion of the "Teacher Entry" contract, the teacher has the opportunity to conclude contracts for various fee-based services.

1.5 The contracts are exclusively addressed to teachers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activities when concluding a legal transaction.

The teacher confirms with the delivery of his declaration of consent to these AGB that he acts with the conclusion of a contract in practice of his commercial or independent vocational activity.

1.6 The contracts are exclusively addressed to teachers who are fully legally competent or act with the consent of their legal representatives.

1.7 The services contained on the Operator's website do not constitute binding offers on the part of the Operator, but serve to submit an offer by the Teacher.

1.8 All other visitors to the Website who do not make use of the contractual services of the Operator for Teachers (hereinafter "Visitors") are subject to the "General Terms and Conditions for Visitors".

2. contract "teacher entry

2.1 With the conclusion of the contract "teacher entry" the teacher receives the following services:

2.1.1 He receives a user account on the website.

2.1.1.1 With this user account he gets access to an internal personal area, so called "personal teacher area". As the owner of an account, the teacher can create a public profile page on the website. On this page the teacher can present his pedagogical achievements. The teacher can change the content of his profile page online at any time during the contract period. The purpose of the presentation is for visitors to the website to send requests to the teacher via the website for the teacher to be hired.

2.1.1.2 The Teacher may present himself in particular through the following content:

    Indication of name and address
    Descriptions of the way in which teaching is carried out
    Photos showing the performance of the teacher.

2.1.1.3 The technical requirement for the profile page to be publicly accessible via the World Wide Web is that the teacher uploads photos and a description.

2.1.1.4 The teacher is not allowed to give hints in his presentation how a visitor of the website can contact the teacher outside this contact, e.g. by phone, e-mail or via his own website, unless the teacher has received a request.

2.1.1.5 The teacher's public profile can be found via a search function on the website. The placement of the teacher's public profile page in the result lists of the search queries is based, among other things, on the searched terms as well as on bookings and evaluations already received by the teacher. The teacher is not entitled to a certain placement of the public profile page in the result lists.

2.1.1.6 The operator can extend the services of the contract "teacher entry" within the scope of promotion actions for the teacher.

2.1.2 The teacher can conclude contracts for various other memberships with costs. The possibility to conclude contracts for further fee-based memberships exists only within the scope of the "Teacher Entry" contract.

2.1.2.1 With a paid membership the teacher can read and answer inquiries and messages from visitors of the website. The purpose of paid memberships is to establish contact between visitors to the Website and the Teacher. The operator only provides the possibility of contact within the framework of the use of the website. However, he does not become a legal party to a contract between the teacher and a visitor. In particular the operator is not representative, mediator or broker of a contract between the teacher and a visitor. All contract components, as well as changes and cancellations are negotiated, agreed and carried out solely between the teacher and the visitor.

2.1.2.2 The amount for the entire term of a paid membership is due upon initial conclusion. With each extension of the membership the amount for the entire remaining term of the membership is due.

2.1.3 The teacher can display bookings on his profile page. He is not allowed to use the possibility of the booking advertisement himself or through third parties for abusive purposes, in particular for the payment of untrue bookings.

2.1.4 The teacher may submit offers for the conclusion of "evaluation" contracts (see section 3).

2.2 Unless otherwise agreed, the "Teacher Entry" contract and the contracts for paid memberships have a term of one year, beginning on the day the contract is concluded.

2.3 Unless otherwise agreed, the "Teacher Entry" contract and the contracts for paid memberships shall be extended by one year each, unless the teacher gives 30 days' written notice to terminate the contract at the end of the respective term. The date of receipt of the notice by the operator is decisive for compliance with the deadline. If there is no contract for a paid membership, the teacher can cancel the contract "teacher entry" at any time with a notice period of 30 days. The right to extraordinary termination for important reasons remains unaffected.

2.4 The contract "teacher entry" is legally concluded as follows.

By clicking the button "Order now for a fee" the teacher submits a legally binding offer to conclude the contract "Teacher Entry". The teacher will immediately receive a confirmation of receipt of the offer from the operator by e-mail. The operator can accept the teacher's offer with a separate e-mail.

The contracts for paid memberships are legally concluded as follows.

By clicking the button "Order now for a fee", the teacher submits a legally binding offer for the conclusion of a fee-based membership. The teacher will immediately receive an e-mail from the operator confirming receipt of the offer. The operator can accept the teacher's offer with a separate e-mail.

2.5 Further information and regulations can be found in section 4.

3. evaluations

3.1 The teacher has the opportunity to invite visitors to submit an assessment. If the teacher has entered a booking on the website, the operator will ask the visitor to submit a rating after the teacher has appeared. If the visitor then gives a rating, the operator informs the teacher.

3.2 If there is a paid membership of the teacher and the visitor has been asked by the operator to submit a rating, the teacher has the opportunity to read a rating of the teacher submitted by the visitor and make it publicly available on the profile page of the teacher.

3.3 If there is no paid membership of the teacher or if the visitor has been asked by the teacher to submit the assessment, the operator gives the teacher the opportunity to read an assessment of the teacher submitted by the visitor and conclude the paid contract "Assessment". With the conclusion of the fee-based "Rating" contract, the teacher has the opportunity to make the rating given by a visitor publicly accessible on the teacher's profile page. The possibility to conclude a contract "Rating" exists only within the framework of the contract "Teacher Entry".

3.3.1 The contract "Evaluation" is legally concluded as follows.

By clicking the button "Activate evaluation for a fee" the teacher submits a legally binding offer directed to the conclusion of the contract "Evaluation". The teacher will immediately receive an e-mail confirming receipt of his offer. The operator can accept the teacher's offer with a separate e-mail.

3.3.2 The costs of the "Evaluation" contract are due immediately upon conclusion of the contract.

3.3.3 Further information and provisions can be found in Section 4.

3.4 The Teacher is not permitted to use the Rating function himself or through third parties for abusive purposes, in particular for giving untrue ratings.

3.5 Ratings are not read and not checked by the operator. Ratings cannot be changed or deleted by the teacher. The teacher can request the removal of a rating from the operator of the website.

4. further information and regulations to all contracts

4.1 Before the teacher makes a binding offer to conclude a contract, all entries can be continuously corrected using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

4.2 The respective valid general terms and conditions are stored by the operator after conclusion of the contract and can be called up by the teacher in his user account.

4.3 The contract language is German.

4.4 The operator has not submitted to any codes of conduct.

4.5 If the parties have agreed special conditions, these do not apply to other, simultaneously current and future contractual relationships.

5 Availability

The operator makes every effort to keep the website and its functions available as constantly as possible. Permanent availability is technically impossible and can therefore not be guaranteed to the teacher by the operator. In particular maintenance, security or capacity concerns as well as events which are not within the operator's sphere of control (disturbances of public communication networks, power failures etc.) can lead to disturbances or to the temporary discontinuation of the website or its functions. As far as possible, the operator will carry out the maintenance work at times when there is little use.

6. prices, terms of payment, vouchers and premiums

6.1 The prices quoted by the operator are gross prices, including the statutory German value added tax.

6.2 In particular, the Operator offers the following payment methods:

    Credit Card
    Paypal

6.2.1 When providing the data for one of the payment methods of the teacher, the operator is revocably authorized to debit the invoice amount from the specified payment data of the teacher at the beginning of the contract and then recurrently to the agreed period (Paypal account or credit card). The teacher will be provided with an invoice for retrieval. If for any reason the direct debit is unlawfully revoked or not honoured due to the provision of false data or if the teacher objects to the direct debit although he is not entitled to do so, the teacher must bear the fees arising from the reversal of the respective provider if he is responsible for this.

6.3 A payment is deemed to have been received as soon as the equivalent amount has been credited to one of the operator's accounts. In the event of late payment, the operator is entitled to interest on arrears in the amount of eight percentage points above the respective base rate. The other legal rights of the operator in the case of a delay in payment of the teacher remain unaffected by this. If claims are overdue, incoming payments will first be credited against possible costs and interest, then against the oldest claim.

6.4 The following provisions shall apply to credits granted by the Operator to the Teacher.

6.4.1 Credits can only be used within the framework of the contracts regulated in these GTC.

6.4.2 The amount of the credit will be offset by the Operator against the Operator's claim on the next invoice issued to the Teacher. If a remaining amount remains, it will be offset against the following invoices until it has been used up. The amount or balance of a credit shall be forfeited at the end of the third year following the year in which the credit was received. Should a credit note have to be issued after termination of the contract, the amount stated in the credit note will be transferred to the teacher's deposited payment method.

6.4.3 A cash payment is not possible.

7. granting of rights of use by the teacher

7.1 For the purpose of the presentation of the teacher on the website (see clause 1.3), the teacher grants the operator the simple, spatially unlimited and for the duration of the respective contract limited rights of use of the permanent provision on the website, the storage, the processing and the public accessibility of the respective content by uploading content (for example texts, photos and videos) to the operator within the framework of the contract "teacher entry". However, the right to edit only applies if the editing of the content is necessary for the provision or publication and the rights of the teacher are adequately considered.

8 Obligations of the Teacher and Responsibility for Content

8.1 The teacher is obliged to provide truthful, accurate, current and complete information in accordance with the registration and contract forms and to keep his data, in particular his e-mail address in the user account, up to date and correct at all times.

8.2 The teacher must ensure that the e-mail address provided by him is correct and fully functional, so that e-mails sent by the operator can be received at this address. In particular, when using spam filters, the teacher must ensure that all e-mails sent by the operator or by third parties commissioned by the operator to process the contract can be delivered.

8.3 Each teacher is solely responsible for the content he transmits during registration or upload, in particular for its truthfulness and legal harmlessness.

8.3.1 The teacher assures that the data provided by him are true.

8.3.2 The teacher declares and accepts responsibility for the fact that he/she has the right to use the content used in his/her profile page. The teacher also declares that he/she has not made or will not make any disposition regarding the rights contrary to this contract. In particular, he declares that the content used in his profile page does not violate the morals or rights of third parties, in particular copyrights, trademark rights, personal rights or rights under competition law.

8.3.3 The Teacher shall ensure that the contents posted by him do not violate these General Terms and Conditions or applicable law, in particular criminal law. The following in particular are prohibited

    false factual claims;
    contributions aimed at personally attacking other teachers
    racist, xenophobic, discriminatory or offensive content;
    pornographic or adult content;
    violent content, glorification of criminal acts;
    Glorification of drugs or other illegal addictive substances;
    Setting links to sites that do not comply with the legal provisions or these GTC;
    copyrighted content, if there is no permission to use it (e.g. photos, audio or videos);
    Creating profile pages with the same content;
    Advertising for commercial websites or other products;

8.4 The teacher is not permitted to use automated computer programs to collect content on the website without the express consent of the provider.

8.5 The Teacher is not permitted to publish and/or distribute spam emails, chain letters and pyramid schemes.

8.6 The Teacher is not permitted to use any computer program which is capable of negatively influencing the Provider's computer system or the computer systems of other Teachers or Visitors (computer viruses, computer worms, Trojan horses, etc.).

8.7 The Teacher is not permitted to publish and/or disseminate advertising from outside the industry on the Website.

8.8 The profiles placed on the website are exclusively to be assigned to the respective teacher, they do not reflect the views of the operator.

8.9 The teacher is liable for all activities that are carried out using his access to the user account, insofar as he is responsible for them.

8.10 As the website is exclusively about the presentation of teachers and contacting them, the presentation of content not related to the subject is not permitted. In addition, the teacher is obliged not to use the website in a way that adversely affects the availability of the website.

8.11 The teacher is responsible for keeping the access data confidential. It is the teacher's responsibility to ensure that they are not accessible to third parties. The teacher has to inform the operator immediately if there are indications that his access is or has been used by third parties.

8.12 If the Teacher believes that any content on the Website infringes his copyrights, intellectual property rights, trademark rights or other proprietary rights, he shall first notify the Operator thereof. The operator will then remove the corresponding content after verification.

9. rights of the operator

9.1 If the operator learns that the teacher violates third party rights, legal regulations or these terms and conditions with the content posted, the operator has the right to block the profile page of the teacher if the teacher is responsible for the violation and a block is proportionate. Blocking means that the teacher's profile page can no longer be accessed via the World Wide Web. A temporary blocking is always proportionate if the teacher violates copyrights, industrial property rights, labelling rights or other property rights of a third party and violates criminal and/or youth protection laws. The teacher will be informed immediately by e-mail of any blocking.

9.2 If the teacher has a paid membership, the operator has the right to block the profile page of the teacher if he is in default of payment. Blocking means that the teacher's profile page can no longer be accessed via the World Wide Web. If there is no paid membership of the teacher, the operator has the right to temporarily block the profile page of the teacher. This applies in particular if the teacher does not react to contact attempts of the operator. The teacher will be informed immediately by e-mail.

9.3 The operator can cancel the contract "teacher entry" and the contracts about fee-based memberships at any time. Payments already made by the teacher for a paid membership will in this case be refunded pro rata according to the remaining term of the contract of the paid membership.

9.4 This does not affect the right to terminate contracts for good cause.

If the important reason lies in a breach of contract by the teacher, the operator can terminate the contract extraordinarily without notice if he has unsuccessfully requested the teacher, setting a reasonable deadline, to stop the breach of contract. In this case there will be no refund of payments already made.

9.5 The operator is entitled to contact the teacher via the e-mail address or telephone number provided by him in order to draw his attention to enquiries and messages from visitors to the website or to send him information about his teacher entry or his paid membership.

10th Indemnification

The Teacher indemnifies the Operator against all claims asserted by other Teachers or third parties against the Operator due to infringement of their rights based on content posted by the Teacher or due to the latter's other use of the website. The teacher shall bear the costs of the necessary legal defence including all court and attorney's fees. This does not apply if the teacher is not responsible for the infringement. The teacher is obliged to provide the operator immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.

11. liability for damages

11.1 The operator is liable without limitation for damages which are covered by the liability according to mandatory statutory provisions, such as the Product Liability Act.

11.2 The operator is liable without limitation for damages resulting from injury to life, limb or health, which are based on an intentional or negligent breach of duty or fraudulent intent, as well as in the case of the assumption of guarantees.

11.3 The following applies to other damages:

11.3.1 The operator is liable for intentional and grossly negligent violations of contractual and legal obligations.

11.3.2 The Operator is liable for intentional and negligent breaches of essential contractual obligations (so-called cardinal obligations); for simple negligent breaches, liability is limited to the foreseeable, typically occurring average damage.

Cardinal obligations or essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the teacher may regularly rely on.

11.3.3 Notwithstanding the provision in 11.3.1, the Operator shall be liable for simple negligent breaches of insignificant contractual obligations limited to the foreseeable, typically occurring average damage.

11.4 In the provisions of 11.2 and 11.3, breaches of duty on the part of vicarious agents and legal representatives of the Operator are equivalent to breaches of duty on the part of the Operator.

11.5 Liability is otherwise excluded.

12. set-off, retention, assignment

12.1 The teacher is only entitled to set-off if the counterclaim is undisputed, legally established or recognised by the operator.

12.2 The teacher's rights of retention and refusal to perform are excluded, unless the operator does not dispute the underlying counterclaims or these have been legally established.

12.3 An assignment of claims of the teacher, in particular an assignment of possible defect claims of the teacher, is excluded.

13. data protection

The data protection declaration of the operator applies.

14. data protection vis-à-vis visitors

When receiving requests and messages from visitors to the site, the teacher may be provided with personal information. The Teacher undertakes to process this data in accordance with the Privacy Policy, which informs the requesting visitor of the disclosure of his/her personal data in accordance with Art. 14 DSGVO.

15 Amendments to the General Terms and Conditions Amendments to these General Terms and Conditions are reserved. The change will be communicated to the teacher by e-mail in good time before it takes effect. The teacher is entitled to object to the change within six weeks after receipt of the e-mail. The change shall be deemed accepted and binding if the teacher has agreed to the change or has not objected to it within the six-week period. The operator points out these legal consequences and the possibility of objection separately in the notification e-mail. If the teacher objects to the offer in due time, the contract continues under the previous conditions.

16. final provisions

The contracts concluded with the teacher are exclusively subject to German law.

General terms and conditions for users with a free profile:

Last change of the GTC for users with a free profile: 18.03.2019.

1. scope of application and general regulations

1.1 These General Terms and Conditions for Users with a free profile (hereinafter referred to as "GTC") of findyourteacher GbR (hereinafter referred to as "Operator") with its registered office at Postfach 1004 24, 42504 Velbert, Germany, apply to all contracts which Users with a free profile (hereinafter referred to as "Pupils") conclude with the Operator with regard to the services for Pupils presented on www.findyourteacher.de (hereinafter referred to as "Website").

1.2 The Student must register in order to be able to use the services to create a request from the Operator. With the registration he concludes the contract "Student - Profile".

1.3 The purpose of the "Student - Profile" contract is to provide the student with the opportunity to communicate with users with a paid profile (hereinafter "teachers") on the website.

1.4 The contracts are exclusively aimed at students who are already of age in the sense of the respective country of their nationality.

1.5 The student is not given any fully guaranteed or binding opportunity to reach the teachers. Whether communication takes place is the teacher's responsibility.

1.6 For all contents taking place in the communication the respective authors are teachers or pupils responsible.

2nd Contract "Student - Profile

2.1 Upon conclusion of the "Student - Profile" contract, the student receives the following benefits:

2.1.1 He receives a free user account on the website.

2.1.1.1 This user account gives the student access to an internal personal area, the so-called "personal student area". As the owner of a user account, the student can submit a request to teachers. The student can change the content of his profile online at any time during the contract period. If a request is made, the teacher will be shown the student's first and last name.

2.4 The contract "Student - Profile" is legally concluded as follows.

By clicking the "Register" button, the student makes a legally binding offer to conclude the "Student Profile" contract. The teacher will immediately receive an e-mail from the operator confirming receipt of the offer. The operator can accept the student's offer with a separate e-mail.

2.5 Further information and regulations can be found in section 3.

3. further information and regulations to all contracts

3.1 Before the student makes a binding offer to conclude a contract, all entries can be continuously corrected using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

3.2 The respective valid general terms and conditions are stored by the operator after conclusion of the contract and can be called up by the student in his user account.

3.3 The contract language is German.

3.4 The operator has not submitted to any codes of conduct.

3.5 If the parties have agreed special conditions, these shall not apply to other, simultaneously current and future contractual relationships.

4 Availability

The operator makes every effort to keep the website and its functions available as constantly as possible. Permanent availability is technically impossible and can therefore not be guaranteed to the teacher by the operator. In particular maintenance, security or capacity concerns as well as events which are not within the operator's sphere of control (disturbances of public communication networks, power failures etc.) can lead to disturbances or to the temporary discontinuation of the website or its functions. As far as possible, the operator will carry out the maintenance work at times when there is little use.

5. duties of the student and responsibility for contents

5.1 The student is obliged to provide truthful, accurate, current and complete information in accordance with the registration and contract forms and to keep his data, in particular his e-mail address in the user account, up to date and correct at all times.

5.2 The student must ensure that the e-mail address given by him is correct and fully functional so that e-mails sent by the operator can be received at this address. In particular, when using spam filters, the student must ensure that all e-mails sent by the operator or by third parties commissioned by the operator to process the contract can be delivered.

5.3 Each student is solely responsible for the content he or she transmits during registration or upload, in particular for its truthfulness and legal harmlessness.

5.3.1 The student affirms that the data provided is true and correct.

5.3.2 The student declares and accepts responsibility for the fact that he/she has the right to use the content used in his/her profile page. He further declares that he has not made or will not make any disposition regarding the rights contrary to this contract. In particular, he declares that the content used on his profile page does not violate the morals or rights of third parties, in particular copyrights, trademark rights, personal rights or rights under competition law.

5.3.3 The student shall ensure that the content posted by him or her does not violate these GTC or applicable law, in particular criminal law. The following in particular are prohibited

    false factual claims;
    contributions aimed at personally attacking other teachers
    racist, xenophobic, discriminatory or offensive content;
    pornographic or adult content;
    violent content, glorification of criminal acts;
    Glorification of drugs or other illegal addictive substances;
    Setting links to sites that do not comply with the legal provisions or these GTC;
    copyrighted content, if there is no permission to use it (e.g. photos, audio or videos);
    Creating profile pages with the same content;
    Advertising for commercial websites or other products;

5.4 The student is not permitted to use automated computer programs to collect content on the website without the express consent of the provider.

5.5 The Student is not permitted to publish and/or distribute spam emails, chain letters and pyramid schemes.

5.6 The Student is not permitted to use any computer program which is capable of negatively influencing the computer system of the Provider or the computer systems of other teachers or visitors (computer viruses, computer worms, Trojan horses, etc.).

5.7 The student is not permitted to publish and/or disseminate advertising from outside the industry on the website.

5.8 The profiles placed on the website are to be assigned exclusively to the respective teacher, they do not reflect the views of the operator.

5.9 The student is responsible for all activities carried out using his access to the user account, insofar as he is responsible for them.

5.10 As the website is exclusively about the presentation of teachers and contacting them, it is not permitted to present content that is not related to the subject. In addition, the student is obliged not to use the website in a way that adversely affects the availability of the website.

5.11 The teacher is responsible for keeping the access data confidential. It is the teacher's responsibility to ensure that they are not accessible to third parties. The student must inform the operator immediately if there are indications that his access is or has been used by third parties.

5.12 If Schüöer is of the opinion that any content on the Website infringes its copyrights, industrial property rights, labelling rights or other property rights, it shall first inform the Operator thereof. The operator will then remove the corresponding content after verification.

6. rights of the operator

6.1 If the operator learns that the student is violating third party rights, legal regulations or these terms and conditions with the content posted, the operator has the right to block the student's profile page if the teacher is responsible for the violation and a block is proportionate. Blocking means that the student's profile page can no longer be accessed via the World Wide Web. A temporary blocking is always proportionate if the student violates copyrights, industrial property rights, labelling rights or other property rights of a third party and violates criminal and/or youth protection laws. The student will be informed immediately by e-mail of any blocking.

6.3 The operator can cancel the contract "Student - Profile" at any time.

6.4 This does not affect the right to extraordinarily terminate contracts for important reasons.

If the important reason lies in a breach of contract by the student, the operator can terminate the contract extraordinarily without notice if he has unsuccessfully requested the teacher to stop the breach of contract by setting a reasonable deadline.

6.5 The Operator is entitled to contact the Student via the email address or telephone number provided by the Operator in order to alert the Student to enquiries and messages from visitors to the Website or to provide the Student with information about the Student's profile or chargeable add-ons.

7 Indemnity for liability

The student exempts the operator from all claims which other students or other third parties assert against him due to violation of their rights due to content posted by the student or due to his other use of the website. The student shall bear the costs of the necessary legal defence including all court and attorney fees. This does not apply if the student is not responsible for the infringement. The student is obliged to provide the operator in the case of a claim by third parties immediately, truthfully and completely all information, which is necessary for the examination of the claims and a defense.

8. liability for damages

8.1 The operator is liable without limitation for damages which are covered by the liability according to mandatory legal regulations, such as the Product Liability Act.

8.2 The operator is liable without limitation for damages resulting from injury to life, limb or health, which are based on an intentional or negligent breach of duty or fraudulent intent, as well as in the case of the assumption of guarantees.

8.3 The following applies to other damages:

83.1 The operator is liable for intentional and grossly negligent breaches of contractual and statutory obligations.

8.3.2 The Operator is liable for intentional and negligent breaches of essential contractual obligations (so-called cardinal obligations); for simple negligent breaches, liability is limited to the foreseeable, typically occurring average damage.

Cardinal obligations or essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the teacher may regularly rely on.

8.3.3 Notwithstanding the provision in 8.3.1, the Operator shall be liable for simple negligent breaches of insignificant contractual obligations limited to the foreseeable, typically occurring average damage.

8.4 In the provisions of 8.2 and 8.3, breaches of duty on the part of vicarious agents and legal representatives of the Operator are equivalent to breaches of duty on the part of the Operator.

8.5 Liability is otherwise excluded.

9. set-off, retention, assignment

9.1 The teacher is only entitled to set-off if the counterclaim is undisputed, legally established or recognised by the operator.

9.2 The teacher's rights of retention and refusal to perform are excluded, unless the operator does not dispute the underlying counterclaims or these have been legally established.

9.3 An assignment of claims of the teacher, in particular an assignment of possible defect claims of the teacher, is excluded.

10. data protection

The data protection declaration of the operator applies.

11. data protection vis-à-vis visitors

When receiving requests and messages from visitors to the site, the teacher may be provided with personal information. The Teacher undertakes to process this data in accordance with the Privacy Policy, which informs the requesting visitor of the disclosure of his/her personal data in accordance with Art. 14 DSGVO.

12 Changes to the General Terms and Conditions Changes to these General Terms and Conditions are reserved. The change will be communicated to the teacher by e-mail in good time before it takes effect. The teacher is entitled to object to the change within six weeks after receipt of the e-mail. The change shall be deemed accepted and binding if the teacher has agreed to the change or has not objected to it within the six-week period. The operator points out these legal consequences and the possibility of objection separately in the notification e-mail. If the teacher objects to the offer in due time, the contract continues under the previous conditions.

13. final provisions

The contracts concluded with the teacher are exclusively subject to German law.