§ 1 Content and Services
1.1.) DQS makes available an Internet platform that offers study material for learning and training purposes, in video, text, or other format (“content”).
1.2.) The data privacy declaration applicable to the use of the platform can be found via the link “Privacy”. By accepting these terms and conditions, the user declares to have read and understood the data privacy declaration, and to accept it.
1.3.) In spite of careful review, DQS cannot guarantee the correctness, completeness, or usefulness of content and services offered. Users wishing to register complaints about the content and services offered by DQS are invited to avail themselves of the contact opportunities available, and to contact DQS directly.
§ 2 Use of services
2.1.) In order to make use of the services of DQS, the user must be of legal age and fully legally competent.
2.2.) Unless stated otherwise, the services offered by DQS are free of charge for users. Access to some content and services clearly marked as such is subject to payment (“chargeable”. Such content and services may be purchased and paid for individually.
2.3.) In order to avoid misuse, the user commits to provide accurate and complete information about their identity and required contact data when using the services of DQS, whenever requested to do so.
2.4.) The user agrees to being contacted for customer service purposes (by e-mail or phone), using the contact data supplied by them.
2.5.) The user is responsible for keeping their access data to the services of DQS confidential, and not to permit third parties access to DQS. A forwarding of access data or transferring of access is not permitted.
2.6.) The user shall not use the services offered by DQS for any other purpose than what has been defined in the first sentence, first paragraph herein.
2.7.) The user shall not make use of the services offered by DQS for illegal purposes, or for the preparation of such.
2.8.) Content of services offered by DQS may be subject to particular licenses, and marked accordingly. The legal rights to this content and the opportunities for use of such content result from the respective license as stated.
2.9.) The user shall not commit any actions that may endanger or compromise the usability of the services offered by DQS or other user accounts. Electronic attacks of any kind on services offered by DQS (to include all hard and software used to support their operation), or other users, are prohibited. Electronic attacks in this context include: attempts at hacking, that is attempts to circumvent, overcome, or otherwise compromise or override the security mechanisms of the services provided by DQS; the use and/or dissemination of viruses, worms, trojan horses, etc.; so-called “brute force“ attacks, that is attempts to identify the passwords of users or any programming content among the services of DQS; the dispatching of unsolicited advertisement (SPAM); or any other actions or procedures that interfere negatively with the services of DQS, to include all hard and software used to support their operation; and/or may harm DQS or other users of the services offered by DQS.
§ 3 Subject matter, contract conclusion, and delivery
3.1.) By placing an order, the user may receive temporary access rights to content and services, followed by a time period of six months after receipt of such access rights (“minimum contract period“), during which DQS will allow the user access to the respective chargeable content. Payment for making available access and content is due on the day access is made available, in full and in advance for the minimum contract period. Prices apply as stipulated by DQS for their current services, and include VAT.
3.2.) When placed, the user’s order is considered a binding offer for the closing of a sales contract for the content ordered. The sales contract is confirmed by either an express acceptance of the order by DQS, or by making available access to the content ordered, provided this happens within 14 days after order placing. After expiration of this period of time, the user is no longer bound to it and the sales contract shall be considered null and void.
3.3.) The user may submit an offer for closing a sales contract by successfully taking the last step in the order process, and confirming this by clicking on “Send order”.
3.4.) After the user has submitted their order, and acceptance of this order by DQS, an order confirmation will be send by e-mail to the user’s e-mail address as provided, along with an excerpt of these GTC.
3.5.) As a rule, DQS will execute the order and delivery within a few minutes, at the latest within seven days. In case of non-availability of any purchased item, the user will be notified immediately, giving DQS the right to withdraw from the contract. In that case, the user will be reimbursed the full amount contracted, to include any transaction fees for payment. Any further claims of the user arising from the inability of contract fulfillment, however, are precluded.
§ 4 Liability of DQS
4.1.) DQS cannot be held liable for contents and services offered, or for damages sustained by the user when making use of content or services offered. This does not include liability for damages to the life, health, or physical well-being due to negligence on the part of DQS, or premeditation or negligence on the part of a legal representative or vicarious agent of DQS.
It also does not include liability for other damages due to gross negligence on the part of DQS, or premeditation or gross negligence on the part of a legal representative or vicarious agent of DQS.
4.2.) Liability under the German product liability law is not affected.
§ 5 Availability of services offered
DQS may, at any time and without providing justification, deny any user the use of services offered. DQS also reserves the right to interrupt or cease to provide services offered at any time. Neither case shall provide the user with a basis for claims. In case the user has purchased temporary access for chargeable content, the foregoing sentence does not apply until after the minimum contract period has expired. Interruptions in the availability of services offered due to technical causes may occur at a rate common for services offered on the Internet, and may not be used as a basis for claiming price reductions.
§ 6 Various
6.1.) DQS reserves the right to modify these GTC and other provisions referenced therein, as well as the services offered by DQS; provided the changes are reasonable. This applies particularly when the changes, on the whole, do not affect the user negatively. In case the user has purchased temporary access for chargeable content, changes will not take effect until the user next places an order for the services offered by DQS.
6.2.) DQS reserves the right to charge third parties with providing all or parts of the service spectrum offered.
6.3.) German law applies in all cases.
Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within 14 days. The revocation does not have to contain any grounds. The revocation period commences immediately following the receipt of this revocation notice in text form, but not before fulfillment of our duty to inform according to Article 246 § 2 in connection with § 1 Para 1 and Para 2 of the German EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation.
The revocation is to be addressed to:
DQS CFS GmbH
60433 Frankfurt am Main
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This may lead to you having to fulfill your contractual payment obligations until the time of revocation, after all. Where usage of merchandise has been transferred, this does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store. You may avoid having to compensate for deterioration caused by putting the merchandise to its intended use, by not putting the merchandise to use as if it was your property, and by avoiding everything that may reduce its value.
Merchandise that can be shipped by parcel is to be returned on our risk and cost. Otherwise, return shipment is free of charge for you. Merchandise that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days. For you, the deadline commences at dispatch of the declaration of revocation; for us, with its receipt.
Your right of revocation ends prematurely when, on your express request, the contract has been fulfilled by both parties before you have exercised your right of revocation
End of revocation notice