TERMS OF SERVICE
Candena GmbH in cooperation with OECD offers an online programme entitled the “PISA Online Programme for School Improvement” for educational practitioners to learn online in the English language (hereinafter “Programme”) as a service on the www.pisa4u.org website or related subsites (hereinafter: “Service”) following an innovative approach. Aim of this program is to develop and to implement a collaborative set of didactic methods to solve problems as well as to mutually evaluate individual and collaborative work products, thus, taking into account a special approach regarding personal mentoring.
§ 1 Scope of application
(1) The following terms and conditions of service (hereinafter “Terms”) shall govern the relationship between
Franklinstrasse 27, 10587 Berlin, Germany
(hereinafter: “candena” or “we”) and the participants or users (hereinafter: “Users” or “you”) of the Service.
(2) The Service is offered voluntarily on this website by candena and may be subject to access restrictions. The Service is aimed at anybody interested in the Programme from all over the world, including but not limited to students and professionals in the respective fields. If you would like to use the Service and are unable to create a User account through this website, please contact candena directly at the e-mail address “firstname.lastname@example.org”.
(3) Such version of the Terms shall apply as had applied at the time at which the contract was entered into. The Terms apply to the entire business relationship between candena and you. We do not accept conditions that deviate from or contradict those provided in the Terms. This also applies when we do not explicitly object to their inclusion.
§ 2 Registration
(2) The Access Data must be treated confidentially and may not be disclosed either to other Users or any other third parties. Should a User suspect that a third party knows or is using his Access Data, the User must inform candena without delay so that his Access Data can be blocked.
§ 3 Scope of performance
(1) Upon successful registration pursuant to § 2 of these Terms, candena will provide Users with access to the Service. candena will endeavour to keep the Service available during normal business hours in Germany (CET) and to carry out routine or necessary maintenance work on the Service outside of normal business hours to the greatest extent possible. However, breakdowns of the server or other disruptions of the Service can also occur in the course of regular business operations during normal business hours and there is no claim to permanent availability. candena will not be responsible for disruptions in the Internet or due to other causes beyond its control (force majeure, strikes, legal requirements, or other reasons). candena will endeavour to keep the content offered through the Service up-to-date.
(2) candena reserves the right to temporarily deactivate and/or to delete user profiles if there is a suspicion of a breach of these Terms. In the event of a deletion, any usage fees paid in advance will be reimbursed to the User on a pro-rata basis. In as far as this serves to technically advance the Service or is necessary to prevent abuse, or if this is necessary due to legal requirements, candena shall at all times have the right to extend, restrict, change or delete the Service, or to carry out improvements. This may change the appearance of the Service’s pages.
(3) Candena always ensures the highest possible degree of Service availability. Notwithstanding, it can be necessary to temporarily suspend availability for maintenance purposes. Where possible, we will notify you in advance in a timely manner of any maintenance schedules and shall design the latter in a fashion that causes the least possible impairment.
§ 4 Right of use
(1) Any use or exploitation of any content that is provided to the User by the Service and beyond these Terms is not permitted. The User is permitted to use the Service and content that is provided through the Service only for his own education. Protection notices, as well as copyright notices and other reservations of use, must be complied with at all times and retained unchanged in every reproduction. For avoidance of doubt, this also applies to any reproduction of the Free Content. Nor may the User sublicense the rights granted to the User to third parties. Notwithstanding the rights granted under these Terms, candena, or the respective licensor of candena as the case may be, reserves all rights to candena and the content provided to the User by way of the Service.
(2) The User shall be solely responsible for the content he uploads, publishes or displays within the Service (“User content”). You understand and agree that candena may, but is not obligated to, review the User content and may delete or remove (without notice) content which violates these Terms or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others (see § 7 section 2).
§ 5 Prohibited types of use
The User shall be prohibited from manipulating the Service with software bugs or other files or programmes which are intended or suitable to interrupt the functioning of computers, software or hardware or of telecommunication equipment, or to destroy or limit the offers and/or the functioning of the Service
§ 6 Personal examination results
The User undertakes to take the assignments given in the course of the Programme to monitor the User’s achievement of learning goals personally but in collaboration with the User’s team and without impermissible aids. Should the User violate this rule, candena can block the User’s access to the Service and disqualify the User.
§ 7 Content generated by Users
(1) To the extent candena makes it possible, the User can create and store his own content in the Service and exchange views with other Users about such content (e.g. in forums). The User is responsible for securing this content himself. candena bears no liability for any loss of such content.
(2) The creation, use or storage of content that is defamatory, insulting, threatening, obscene, racist, degrading, and disrespectful of religion, against common decency (contra bonos mores) or in violation of fundamental democratic values or statutory provisions will be impermissible, as well any references to such content by way of links or other identification of websites. Copyrights, trademarks and other intellectual property rights of third parties must always be respected when creating content. Statements by users in forums, chat rooms, etc. reflect only their personal opinions and do not constitute official positions of candena. Should candena learn that the User is acting in violation of his obligations pursuant to these Terms, candena will be entitled to block or delete the content and/or the User. In case of a suspected violation of this § 7, candena may call upon the User to render a statement on this within a short period of time. Should the User not be able to prove the lawfulness of the content within this period of time or if the User does not present a declaration by the presumed injured party that he or she tolerates the content in question, candena will block the content and has the right to delete it permanently.
§ 8 Rights of candena to User Content
The User grants candena and the cooperation partner OECD an irrevocable, perpetual, non-exclusive, worldwide, transferable, sublicensable right to use any content (including photos, essays, drawings, etc.) that the User creates and stores in the Service for the purposes and the further development of the Service or any future forms of the Service and related offers. This includes, but is not limited to, the right to copy the content, to disseminate or demonstrate the content, to transfer the content via transmission lines wirelessly or by any other means and/or to make the content accessible to the public or distribute. Also included is the right to amend, alter, translate or otherwise to rewrite, reproduce, enhance, further develop the content and use such content in the amended form to the same extent as in the original form. This clause shall survive any termination of the user contract.
§ 9 Liability
(1) In the event of a breach of material contractual duties (cardinal duties), candena will be liable for reimbursement of expenses and damages (together: “Damages”). Cardinal duties are all duties, the breach of which endangers the achievement of a contract’s purpose, as well as all duties, the fulfilment of which enables the proper performance of the contract in the first place and on compliance with which the User may generally rely. However, if the breach of a cardinal duty was merely due to slight negligence and did not lead to injury to life, limb or health, claims for Damages will be limited in amount to the typical foreseeable damage.
(2) candena will additionally bear liability in cases of intent and gross negligence, for injury to life, limb or health, or if it has assumed a guarantee, as well as in all other cases in which liability is mandatory by law, in each case in accordance with the statutory provisions.
(3) Otherwise, claims against candena for Damages – regardless of their legal basis, in particular due to a breach of duties arising from these Terms by candena, its legal representatives, employees or vicarious agents, under section 311a German Civil Code (BGB) or due to tort – are excluded.
(4) To the extent candena’s liability is limited or excluded under the above provisions, this will also apply for the personal liability of its legal representatives, employees and vicarious agents.
§ 10 Indemnification and warranty
(1) The User guarantees and warrants that he will comply with these Terms and that, when using the Service, he will comply with all applicable laws and other legal provisions valid in the Federal Republic of Germany. The User hereby indemnifies candena, its authorised representatives, managers, employees, affiliates and subcontractors from and against any and all claims, liability claims, damages, law suits or actionable claims (including reasonable lawyers’ costs) which result from a breach of the User’s representations, warranties or obligations set out in these Terms.
(2) The User is obliged to notify candena immediately as soon as he or she realizes, or is in a position to realize, that a violation of such nature is about to occur.
§ 11 Confidentiality
(1) The User undertakes to maintain confidentiality with regard to any and all confidential information to which the User receives access in connection with the use of the Service. Confidential information is information that is either marked by candena as protected or confidential or otherwise designated as such in writing, or information that, given the circumstances of its disclosure, the User can reasonably recognize as confidential evident. Confidential information comprises in particular, but not only, the Access Data (§ 2 of these Terms).
(2) The above obligation to maintain confidentiality will not apply if and to the extent the information in question demonstrably (i) is public knowledge or becomes public knowledge without the User having been at fault or violating this secrecy obligation, (ii) is or becomes state of the art, (iii) was already known to the User at the time it was conveyed, which must be proven by documents evidencing such knowledge, (iv) was or is later lawfully made known or accessible to the User by a third party, (v) must be disclosed on the basis of statutory provisions or enforceable official orders or judicial decisions. The User as the recipient of the information bears the burden of proving the existence of such an exceptional situation.
§ 12 Termination
(2) The right to terminate for cause is not affected by the above provisions. In particular, candena reserves the right to terminate the user contract with immediate effect if the User substantially violates the provisions of these Terms.
§ 13 Data processing information
§ 14 Miscellaneous
(2) The English version of these Terms shall prevail over any translations into other languages. The language of contract is English. As far as legally permissible, the exclusive legal venue for all disputes shall be Lüneburg, Germany.
(3) Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. In the case of an omission, that provision shall be deemed to be agreed upon which would have been agreed upon, according to the purpose and meaning of these Terms , had the parties considered the matter from the outset.
(4) We reserve the right to modify these Terms at any time. We shall inform you whenever such modifications are made. You are deemed to be in agreement with the modifications if you do not provide objection within (4) weeks of being notified thereof. In notifying you of modifications, we shall also explicitly inform you of this consequence of not rejecting the changes. Should you not agree to the changes, the contractual relationship will continue to the previously applicable conditions until it expires, or can be terminated by us. Should you wish to return to use of the Service, you will only be eligible for use under the conditions that are current at that time.
(5) We are entitled to transfer, with exempting effect, all of the duties and obligations covered by these T&C, entirely or partially, to a third party. You hereby already agree to such transfer of contract. You have the right to extraordinarily terminate your contract immediately should we avail ourselves of such a transfer.
(6) If you have no place of general jurisdiction in Germany or another EU member state, or if you have moved your place of permanent residence to a country outside the EU since these general terms came into effect, or if your domicile or the place you usually reside is unknown at the time at which the lawsuit is commenced, the exclusive place of jurisdiction for all and any disputes arising from this contract shall be the place of business of Candena. The same applies if the contract partner is a merchant, a legal entity under public law or a public fund.
(7) Any changes or amendments to these Terms must be made in written form. The requirement of the written form shall also apply to the cancellation or revocation of this requirement.
(8) You are not entitled to set counterclaims off against claims of candena, unless such counterclaims have been established by a final and conclusive court ruling or are undisputed.