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Terms of Use for ich-will-deutsch-lernen.de

(valid since August 16, 2013)


Preamble

Ich-will-deutsch-lernen.de is a learning portal for people who want to improve their knowledge of German. The portal is available to staff at institutes of adult education for teaching purposes. Teachers at general and vocational schools, coaches, trainers and tutors at educational facilities are also entitled to use the portal.
The aim is to improve the quality of individual assistance and skills training for immigrants by exploiting the potential of virtual, computer-supported tasks at levels A1 – B1. There is also an extensive range of literacy resources and learning scenarios focusing on everyday situations at work. Ich-will-deutsch-lernen.de is provided by the German Adult Education Association (Deutsche Volkshochschul-Verband e.V., hereinafter referred to as “DVV”).

These Terms of Use regulate the contractual relationship between you, the member, and the DVV for using the services provided by ich-will-deutsch-lernen.de. The Data Protection Declaration provides details concerning the use of your personal information. You can download these Terms of Use onto your computer or print them out.

Authorized members can use this portal free of charge.


1. Scope

These Terms of Use shall apply to all services provided by ich-will-deutsch-lernen.de both now and in the future, and shall be valid until they are amended or supplemented.

2. Member registration and course organization


2.1 Persons entitled to use the portal


(1) Learners must be 18 or over to register; young people aged under 18 may register with their parent’s consent. They can use the portal individually as a self-teaching resource or in combination with a local course.
(2) Participants in integration and language courses may register individually or be registered as course members by the course leader.
(3) Teaching staff in the following institutions may also register:
•    colleges of further education / adult education institutes insofar as they are recognized as non-profit organizations or receive public subsidies;
•    federal educational facilities in Germany, insofar as they are public institutions, recognized as non-profit organizations or receive public subsidies (e.g. from the federation, state, municipality or EU) for their work in the field of job integration;
•    state schools, both general and vocational;
•    state training facilities or business which actively promote the integration of immigrants;
•    Persons who work in state education outside the Federal Republic of Germany.
The DVV will make individual decisions concerning the inclusion of other organizations or educational facilities.


2.1. Registration as learner


(1) By registering with ich-will-deutsch-lernen.de, you confirm that you are entitled to use the portal. You must enter the data required for registration correctly and completely and must also notify the DVV immediately by sending an e-mail to support(at)iwdl(dot)de if any of your data changes. The DVV reserves the right to request evidence that you fulfil the conditions for use and that your data is correct.

(2) Your membership will begin the first time you log in after receiving your password and after accepting the Terms of Use and Data Protection Declaration. You membership is valid indefinitely.

(3) At the beginning of your first online session, you will be told who your online tutor is at the DVV. Your online tutor will answer any questions you have about using the portal.

(4) If you want to use the portal as part of a course, you will receive your log-in data from your course leader. Your course leader will also be your online tutor.

(5) If you would like to continue learning after your course has finished, you will be looked after by a DVV tutor.

2.2 Registration as course leader


(1) By registering with ich-will-deutsch-lernen.de, you confirm that you are entitled to use the portal. You must enter the data required for registration correctly and completely and must also notify the DVV immediately by sending an e-mail to support@iwdl.de if any of your data changes. The DVV reserves the right to request evidence that you fulfil the conditions for use and that your data is correct.

(2) When you register, you will be granted membership for a period of 12 months. Once the year is up, you will be asked to confirm renewal of your membership. It will be extended by another 12 months each time.

2.3 Setting up a course on ich-will-deutsch-lernen.de


(1) On registering, course leaders are granted the status of “Tutor” on the platform.  As a tutor, you are entitled to set up a maximum of 10 courses with up to 30 learners each.

(2) You can also continue looking after former course participants after your course has finished.


2.4 Set-up of learner accounts by course leaders and acceptance of membership


(1) Course leaders are responsible for setting up learner accounts for their course participants.

(2) In order to complete the registration process and activate the member’s account, you as the registered member must agree to these Terms of Use and the Data Protection Declaration the first time you log in.

(3) As the course leader, you may only accept persons who are entitled to use the portal and who have submitted the corresponding declarations of consent as members on your course. The DVV may request proof that a member meets the conditions for participation by contacting the course leader or the member himself at any time.

2.5 Terms applicable to all


(1) When applying for membership, you are requesting the conclusion of a contract with the DVV at no charge. The contract will only come into existence when the DVV approves the membership application, confirms registration or grants access to the services. The DVV reserves the right to refuse  membership applications without giving reasons.

(2) The DVV will be entitled to delete the member’s account with no further notice if the member does not log in within 2 months of the password being provided.

3. Scope of services


(1) The services of ich-will-deutsch-lernen.de are provided free of charge but only within the limits of the DVV’s technical, operational and financial resources.

(2) The DVV is under no obligation to provide certain services. The DVV does not guarantee the provision of certain services or that the services can be provided without error or interruption. Regulations in these Terms of Use governing specific services not yet available on ich-will-deutsch-lernen.de at the time they come into force do not entitle the member to insist on the provision of these services. Internet access is not one of the services offered; each member and organization is itself responsible for procuring internet access and maintaining its hardware and software.

(3) The DVV reserves the right to suspend its services or change the nature and scope of the services provided at any time. If this occurs, you will be notified by e-mail in due time.


4. Obligations and responsibility


4.1 Member obligations and responsibility


(1) You may not give your password to third parties and must protect it from third-party access. Moreover, as a learner you must notify the administrator or your course leader at support(at)iwdl(dot)de immediately if you discover that your password is being used by an unauthorised third party. Course leaders and the DVV may block access to the services provided by ich-will-deutsch-lernen.de if there is reason to believe that your password is being used by an unauthorised third party; you will be notified of this and given a new password, provided you did not deliberately connive with the abuse of your password. Incidentally, you may change your password yourself at any time.

(2) You are allowed to publish content on ich-will-deutsch-lernen.de and make it accessible to others. You will bear sole responsibility for any content published and distributed in this way. You may not violate any valid statutory regulations when using ich-will-deutsch-lernen.de. In particular, you must ensure that any content you publish and distribute does not violate any third-party rights (e.g. copyright, trademark rights and personal rights), and that any personal third-party data required when using ich-will-deutsch-lernen.de is only collected, processed or used in compliance with the relevant data protection regulations; it is for example expressly forbidden to integrate audio, image or video files into the mini-author system or as notes on the map of Germany if they are protected by copyright. In particular, you must ensure that no content which is deemed unlawful as per the German Penal Code or the legislation protecting children and young people is published or made accessible on ich-will-deutsch-lernen.de; such content includes propaganda and symbols of unconstitutional organisations, racist ideology, depictions of violence, pornographic content and offensive and/or defamatory statements.

(3) Ich-will-deutsch-lernen.de may only be used for educational purposes. You may not use the services provided for commercial or any other non-educational purposes; the only exception is when the services are being used by educational facilities or institutes of continuing and/or higher education.

(4) If you create your own exercises when using ich-will-deutsch-lernen.de, you must comply with the duty of disclosure stipulated in the German Telemedia Act and the Federal Broadcasting and Telemedia Agreement, and add a corresponding imprint to your exercises insofar as this is required by law.

(5) It is your responsibility to ensure that you make back-up copies of all content you publish/distribute (e.g. forum contributions, exercises, comments) or receive from ich-will-deutsch-lernen.de (e.g. via the “Message” function), and store them on your computer to avoid possible data loss. Learners are herewith informed that the course leader is obliged to transfer your learner account to a DVV tutor at the end of the course without giving notice.

(6) You may not set up new accounts for members whose accounts have already been deleted by the DVV.

(7) The set-up of learner accounts is subject to the following conditions: in order to support the learning processes undergone by pupils on your course(s) when using the learning services provided, the exercises completed by your pupils will be marked, recorded and presented to you as the tutor. It is your responsibility to inform your course participants about these.
Before setting up learner accounts, you must obtain the necessary written consent from the members and/or their legal guardians as per the applicable data protection legislation; this may be withdrawn at any time. When obtaining this consent, you must provide concrete information about the nature, scope and purpose for which the personal data is to be used, the functions of the platform as described above in b) and the possibility of learners publishing personal data if access to corresponding functions is granted.

(8) You must ensure that no personal data or personal photos of learners can be retrieved via the forum, the mini-author system (for creating exercises) or messages on the map of Germany, insofar as the members and/or their legal guardians have not consented to this. You must obtain the necessary written consent from the members and/or their legal guardians as per the applicable data protection legislation; this may be withdrawn at any time. When obtaining this consent, you must provide concrete information concerning the nature, scope and purpose for which the personal data is to be used. If any member’s consent is revoked, you must delete the corresponding personal data and photos immediately.

5. Consequences of violations, indemnification


(1) In the event of breaches of the obligations mentioned in § 4, the DVV shall be entitled to block the responsible learner’s or tutor’s access to ich-will-deutsch-lernen.de, deactivate his account, block and delete content on servers, and implement other measures to prevent further violations of this type. The same shall apply if there is adequate evidence that such a breach has occurred and the responsible member does not prove the propriety of the content or behaviour in question.

(2) As the responsible member, you must indemnify the DVV for all third-party claims lodged against the DVV in connection with breaches of the obligations described above and for all resulting costs; these also include the costs of adequate legal defence. Moreover, you must assist the DVV in defending itself against the claims mentioned above by submitting declarations, particularly affidavits, and other information; you must also work towards having the third party assert its claims against you directly.


6. Liability


(1) The DVV is liable for damage caused by any breach of its cardinal obligations. Cardinal obligations are all major contractual obligations which facilitate the proper execution of this contract; you as the DVV’s contractual partner should be able to rely on their fulfilment.

Otherwise, irrespective of the legal grounds, the DVV is only liable
- for injury to life, limb or health
- as per the Product Liability Act
- when assuming a quality guarantee or
- if the damage was caused wilfully or by gross neglect on the part of the DVV’s legal representatives or agents.

(3) In cases of slight neglect of major contractual obligations (cardinal obligations), the DVV’s maximum liability only covers the predictable damage typical for this type of contract; indirect damage is not covered.

(4) With regard to the prevention of damage through data loss, the member is referred to his obligation to back up data.


7. Termination of contract/membership


(1) The online tutor or the DVV may terminate the contract at any time by giving 14 calendar days’ notice. When the contract with an online tutor ends, the contracts with all learners on his course will end at the same time; no separate notice of termination must be given. However, the learners can continue their membership by switching to another course or DVV tutor.

(2) The online tutor must immediately notify all members of his organisation that his contract has been terminated, irrespective of whether he terminated it himself or it was terminated by the DVV. He must also warn them about the resulting deletion of content.

(3) The DVV may terminate the contract with individual members at any time by giving 14 calendar days’ notice. Members may terminate their membership at any time; § 7 par. 5 regulates how and to whom their notice of termination must be sent. If the registration administrator’s membership is terminated, he is obliged to transfer this function to another party as per § 4.4 par. 3 before his contract expires. Contracts with members will also be terminated without notice if the member’s account is deleted as per § 2.4 par. 2.

(4) The right to terminate the contract on important grounds is unaffected. Important grounds specifically include:
•    Breach of the obligations described above
•    The member no longer complies with the conditions for registration.

(5)    Notice must be given in writing. Written notice also includes notice sent by e-mail. Learners can terminate their membership by asking their online tutor (course leader) to delete their member account in writing, preferably by e-mail or ich-will-deutsch-lernen.de message; in such cases, their membership will end when their account is deleted. Staff at educational facilities, trainers, coaches, teachers and partners may terminate their membership by sending written notice to the DVV – preferably by e-mail or to the e-mail address support@iwdl.de. DVV generally sends notice by e-mail, to the member’s internal ich-will-deutsch-lernen.de address and to the external e-mail address provided; the DVV is entitled to send the online tutor a copy of the notice of termination sent to the member for informative purposes. If a learner account is prematurely blocked, the notice of termination will be sent to the online tutor; learners herewith authorise their tutors to receive this notice. The notice of termination will come into force on receipt.

(6) In the event of a termination, the DVV is entitled to block the respective member account and to block and delete all content stored by the member/organisation; if an online tutor’s account is terminated, his course participants will be deleted or allocated to other online tutors by agreement.


8. Amendments/additions to ich-will-deutsch-lernen.de’s terms of use


(1) In the event of a loophole or a disruption to the original relationship between performance and consideration, the DVV reserves the right to amend these terms of use partly or in full provided this does not place the member at an unfair disadvantage. Unfair disadvantages are specifically deemed to exist if the amendments entail economic disadvantages for you, e.g. by adapting the terms of use to amended registration procedures, functions or services. You will be notified of the amendments by e-mail or ich-will-deutsch-lernen.de message in due time before the new terms of use come into force. You may terminate your membership if you find the amendments unacceptable. It will be assumed that you have approved the amendments if you continue using ich-will-deutsch-lernen.de’s services after they come into force. The notice of amendment will provide specific information about legal consequences.

(2) The DVV also reserves the right to add new terms of use for new services.

9. Final clause

German law is applicable to all legal relationships between the contractual partners arising from the use of ich-will-deutsch-lernen.de’s services. Should individual terms in these terms of use be or become partly or wholly invalid, this will not affect the validity of the other terms.