§ 1 General, use of the platform
(1) The platform Zalamanda of the provider successWare – Digital Solutions UG (limited liability), Am Fährweg 30, 41468 Neuss (hereinafter: provider) offers a search and brokerage platform for services in the area of IT webinars for users of the website https://zalamanda.de (hereinafter: user).
(2) Entrepreneurs from the IT webinar industry (hereinafter: service provider) have the opportunity to advertise their services on the provider’s website by entering their offers for IT webinars with the provider. Profiles from service providers are only put online after the provider has activated them. The provider reserves the right to refuse the entry in whole or in part without giving reasons.
(3) The use of the platform is completely free for users. No registration is required.
(4) The provider only acts as an intermediary between the user and the service provider. A possible contract for a booked service is only concluded in the relationship between user and service provider if the user books the webinar with the service provider.
§ 2 Conclusion of contract for service providers
(1) Service providers have the choice of various packages to advertise their offers. If a fee-based package is selected, the contract is concluded by completing the booking process in full. With regard to the scope of services, reference is made to the description on the website of the provider.
(2) The service provider insures to be an entrepreneur. One is a consumer within the meaning of Section 13 of the German Civil Code (BGB), provided that the purpose of the goods and services ordered cannot largely be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is, according to § 14 BGB, any natural or legal person or partnership with legal capacity who acts in the course of the contract in the exercise of their commercial or independent professional activity.
(3) Payment of the fee is due in advance. Payment is made via PayPal. The provider bears PayPal fees. The provider can refuse to activate the entry until full payment has been received. The fee is due once and no subscription membership is concluded. As a result, termination is not necessary. The service provider can choose between two options for advertising his webinar. In the first variant, the service provider specifies a start and end time for the webinar. After the webinar has ended, it is still visible on the website for at least 90 days with the label “ended”. In the second variant, the service provider has the opportunity to register once in a database free of charge for a period of 12 months. After the 12 months have expired, the service provider can extend the entry for a fee for a further 12 months. Otherwise the entry will be deleted. The service provider can change or remove his entry during the 12-month term. The provider can carry out the deletion if he has a legitimate interest in the deletion (e.g. violation of obligations of the service provider or closure of the platform). If the entry is deleted for the aforementioned reasons, the fees will not be reimbursed.
(4) The prices stated on the website apply at the time the contract is concluded. The prices include VAT, unless otherwise stated.
(5) If the service provider is in arrears with the payment, the provider is entitled to demand default interest in accordance with the statutory provisions. The assertion of default interest does not exclude further claims by the provider.
(6) There is no contractual right of withdrawal and no cancellation option for the service provider.
(7) The contract is concluded in German or English. The contract text is saved while observing the data protection regulations.
§ 3 Obligations of the service provider
(1) The service provider is solely responsible for the content of the entries submitted by the service provider (e.g. texts written by the service provider, images and / or graphics, links and videos).
(2) If the content transmitted by the service provider violates the rights of third parties, the provider is exempted from any third party claims arising from copyright, competition law or protection of legitimate expectations. This exemption includes claims for damages, injunctive relief and information, as well as the necessary costs of legal defense. The same applies if the service provider instructs the provider to create an entry.
(3) The parties will notify each other immediately if third parties assert violations of property rights or other claims in the context of the contractual relationship between the provider and the service provider.
(4) For all data transmitted to the provider that is used to represent the service provider’s entry, the provider assumes that the service provider is in possession of all necessary copyrights, trademarks or other rights. The provider does not check this. The provider points out that third parties can make substantial claims for damages in the event of content infringing copyright. This also applies to photos in which people are recognizable. In these cases the service provider has to obtain the consent of these persons to be shown on his entry and to prove it upon request.
(5) The service provider assures that the content of the transmitted image files does not violate criminal laws, in particular the regulations on the dissemination of child pornography (§ 184 StGB). The provider reserves the right to immediately report a breach of the assurance.
(6) The service provider undertakes to keep the transmitted data correct and up-to-date and to notify the provider of changes immediately.
(7) With the entry of information on the website of the provider, the service provider grants the provider the free, locally limited, irrevocable and non-exclusive right to the duration of the entry of the information (in whole or in part) including its content to use, reproduce, modify, adapt, publish, translate, edit, distribute, perform, display and / or use the relevant information until the end / expiry of the switching to other works (portals) of the provider, media or technologies, regardless of whether they are currently known or are still being developed, in whatever form.
§ 4 Liability
(1) Claims by the user and service provider for damages are excluded. Excluded from this are claims for damages by the user and service provider from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents are based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless it concerns damage claims by the user or service provider from injury to life, limb or health.
(3) Liability for loss of profit towards entrepreneurs is excluded.
(4) The provider is in particular not liable if the website cannot be reached through no fault of his own.
(5) The provider is not liable for the accuracy and availability of the services of the service providers who advertise them on the website of the provider.
(6) For services advertised on the website, the provider does not become a contractual partner of users who book such a service with the service provider. The contract is concluded between the user and the service provider. No liability is assumed for the behavior of the service providers or their vicarious agents.
(7) The service provider is responsible for storing the content used for the entry on the website outside the website itself. The provider assumes no liability for lost content.
(8) The restrictions of paragraphs 1 to 7 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
§ 5 Blocking of the account / entries
If the service provider violates the aforementioned obligations from § 3, the provider is entitled to block the entry or profile of a service provider. In this case there is no obligation to reimburse the fees already paid.
§ 6 Data protection
(1) The user agrees to the storage of personal data in the context of the business relationship with the provider, taking into account data protection laws, in particular the BDSG (German data protection law) and the GDPR. Data will not be passed on to third parties, with the exception of the selected service providers, unless consent is given.
(2) The user assures that he has obtained the consent of the third party when entering personal data of third parties and releases the provider from any claims in this regard.
(3) The rights of the person affected by the data processing arise in particular from the following standards of the GDPR:
- Article 7 (3) – right to withdraw consent under data protection law
- Article 15 – the data subject’s right to information, right to confirmation and to provide a copy of the personal data
- Article 16 – Right to rectification
- Article 17 – Right to Deletion (“Right to be Forgotten”)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right to object
- Article 22 – right not to be subject to a decision based solely on automated processing – including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority
(4) To exercise the rights, the person concerned is asked to send an email to the provider or, in the event of a complaint, to the responsible supervisory authority.
§ 7 Dispute settlement
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 8 Confidentiality
(1) “Confidential information” is all information, files and documents relating to events of the other party that come to the attention of the other party.
(2) Both parties undertake to keep confidential information concerning the other party and to use it only for the execution of this contract and the purpose pursued thereby.
(3) Both parties undertake to impose the confidentiality obligation on all employees and / or third parties who have access to the above-mentioned processes.
(4) The duty of confidentiality according to paragraph 2 does not apply to information
a) that were known to the other party when the contract was concluded,
b) which had already been published by the service provider at the time of disclosure, without this resulting from a breach of confidentiality by the other party,
c) which the other party has expressly approved in writing for disclosure,
d) which the other party has received legally and without restriction regarding confidentiality from other sources, provided that the disclosure and exploitation of this confidential information does not violate contractual agreements, statutory provisions or official orders,
e) which the other party has developed itself without access to the confidential information of the client,
f) which must be disclosed due to legal information, information and / or publication obligations or official orders.
§ 9 Place of jurisdiction and applicable law
(1) The business relationships between the provider and the users or service providers are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is the registered office of the provider in Neuss, insofar as the user or service provider is a merchant within the meaning of the HGB or a legal person under public law or a special fund under public law. The same applies if the user or service provider does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is brought.
§ 10 Scope of the terms and changes
(1) With the conclusion of the contract, the service provider declares his agreement with the applicable general terms and conditions. The user accepts the conditions by using the website.
(2) The general terms and conditions can be changed by the provider with effect for the future.
§ 11 Severability clause
Should any provision of these general terms and conditions be or become ineffective, the validity of the general terms and conditions will not be affected. Instead of the ineffective provision, a provision should come that comes as close as possible to the will of the parties within the limits of what is legally possible. The same applies in the event of a loophole.
In case of deviations between the german and english version of the terms the german version prevails.
As of: April 2020