General Terms and Conditions of Business
Welcome to Telugu Basha! The Telugu Basha website is an online learning system and community (hereinafter referred to as the “Service”) operated by the Telugu Basha company (hereinafter referred to as “Telugu Basha”) under the internet domain telugubasha.net, which you can use to learn the South Indian language Telugu in an effective and efficient way. The Service is available through your internet browser.
When you (hereinafter referred to as the “User”) register with the Service, the User agrees to these general terms and conditions of business (hereinafter referred to as “T&C”). The registration is a valid contract between the User and Telugu Basha, Neubaustr. 19, 85139 Wettstetten, Germany. Please read these T&C carefully, as they make up the legal framework applying to the use of the Service.
0. Scope, Definitions
- The T&C apply to all Users of the Service. Any deviating or supplementary regulations shall only apply if drawn up in writing and signed by the User and Telugu Basha. The T&C apply both to free services and services against payment provided by Telugu Basha.
- Telugu Basha reserves the right to modify these T&C at any time and without indicating the reason for such modification. The modified T&C shall be posted on the Service and the User shall receive a notification per email. If the User does not object to the modified T&C within a period of four weeks, they are deemed to be accepted. If the User objects, Telugu Basha may close the User’s account. Telugu Basha shall separately point out these legal consequences in the email notification regarding the modified T&C.
1. Registration and Conclusion of the Contract
- Each User may only register once. The User is obligated to provide complete and truthful information in the sections provided on the registration form. The User agrees to the publication of its user name, its profile information as well as its profile image. The email address will not be published.
- The contract between the User and Telugu Basha regarding the use of the Service is accepted when the User completes and sends the registration form. By registering for the Service, the User accepts the T&C as published.
- After registration, Telugu Basha will send the User an automatic confirmation by email. The email contains a hyperlink via which the user can verify that the email address stated is correct. The user undertakes to provide that verification. If verification is not provided, then Telugu Basha may restrict or prevent access to the Service at any time.
- If prices are quoted for the Service, they are including the valid statutory turnover tax.
2. Free Use of the Basic Functions of the Service (Basic Contract)
- Application and registration are free of charge to the User. The use of indicated trial functions for the Service is free.
- The registration contract for using the basic functions (basic contract) of the Service is valid for an unlimited period and may be terminated without notice by either party at any time. To terminate the contract, the User must send an email to the support staff to firstname.lastname@example.org, indicating that they wish their account to be removed.
- The User account will be deleted upon termination of the basic contract. After termination of the agreement, the User cannot claim the release or return of contents that it has posted.
- Fees will be charged for full access to content and functions such as language courses if this is indicated and the User orders or books them.
3. Services and Products Subject to Fees (Premium Contracts)
- Telugu Basa offers services and products for a charge at Service (“premium services”).
4. Billing types, Cancellation, Renewal
- Premium products are available according to current offers as subscription or one-off purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding once the first payment is made.
- Premium contracts with subscriptions are concluded for time specified in the individual order. The remuneration or the invoice amount for the entire term is payable on conclusion of the contract. After each term, the contract renews itself automatically according to the term agreed upon (e.g., 1, 6 or 12 months), unless the user cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal. All contracts can be cancelled before the respective term runs out.
- Premium contracts with “one-off purchase” can be signalled limited or unlimited. As long as they are indicated to be limited, these are for a given period and terminate without needing to be cancelled.
- Premium contracts are terminated by email to email@example.com. Termination will be confirmed in an email sent by Telugu Basha. If the user terminates its basic contract as described in 4.2 above, then the user’s premium contracts are terminated upon the termination of the basic contract becoming effective. The user is not entitled to any refund of usage fees.
- The right to cancellation in extraordinary circumstances remains intact.
- Telugu Basha has the right to cancel Premium products at any time without giving reasons with effect to the end of the respective term. Basic functions may be terminated at any time.
5. Payment Methods
- Usage fees for premium services are payable in advance.
- The user may effect payment by using one of the payment methods specified such as credit card or electronic direct debit, etc.
- When the user achieves access using a voucher code or a course pass, they will have access to premium service for a limited time. Therefore, there is no further charge and no corresponding bill. The length of this time depends upon what is specified by the code or pass.
- Billing takes place digitally, a paper billing will not occur. The invoices will be accessible on the website and can be found at https://telugubasha.net/en/profile/account and can be viewed at any time.
6. User’s (Consumer’s) Right of Cancellation
You may cancel the contract within 14 days without giving reasons in text form (e.g. letter, email). The cancellation period begins with the receipt of this information in text form, but not prior to the conclusion of the contract and not prior to us providing the mandatory information according to Art. 246 § 2 in connection with § 1 subparagraph 1 and 2 EGBGB (introductory act to the German civil code) as well as according to § 312g subparagraph 1 sentence 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB. In order to observe the cancellation period it is sufficient to send the cancellation during the cancellation period. The cancellation shall be sent to:
Telugu Basha, Neubaustr. 19, 85139 Wettstetten, Germany Email: firstname.lastname@example.org
Consequences of Cancellation
In case of a valid cancellation the benefits exchanged between the parties have to be returned and possible utilisations (including interests) are to be handed over. If you are unable to return the benefits and utilisations (e.g. any benefits of use) or if you can only return those in part or only in a degraded state, you will have to indemnify us. This may result in you having to pay the contractual payment for the period until your cancellation. Obligations to return any payments are to be fulfilled within 30 days. The period begins for you with sending the cancellation and for us with its receipt.
Your cancellation right ends earlier, when the contract has been fulfilled completely at your express request, prior to you exercising your cancellation right.
7. Content and Accessibility of the Language Portal and Liability
- Telugu Basha does not warrant or represent, that the information provided, in particular such provided by other Users, is up-to-date, correct, complete or of quality.
- Telugu Basha strives to ensure that the language portal functions properly at all times. However, Telugu Basha does not guarantee uninterrupted access and shall not be liable for transmission downtimes due to technical reasons.
- For providing its Service, Telugu Basha uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by Telugu Basha, the User must likewise use these technologies (e.g. up-to-date browser technologies) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by Telugu Basha.
- Claims for damage on the part of the User are excluded. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of Telugu Basha, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
- In the event of infringement of essential contractual obligations, Telugu Basha shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health.
- The restrictions as set forth under paragraphs 4 and 5 shall also apply to the benefit of Telugu Basha’s legal representatives and vicarious agents if claims are asserted against them directly.
8. References and Links
Telugu Basha will not be liable for any third party content linked to the Service directly or indirectly. In particular for damage resulting from the use or non-use of the information provided in this way, the operator of the pages alone is liable and not the party that solely makes reference to the relevant publication through links.
9. Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names
- Unless it explicitly is a matter of works under a creative commons license, all texts, images and other works created by Telugu Basha and distributed within the context of the language portal are protected by copyright. These contents are intended for personal, non-commercial use only within the framework of the Service. Printouts and offline use are not permitted, unless where expressly offered by Telugu Basha. Telugu Basha reserves the right to prosecute or subject to civil proceedings any unauthorized use by way of complete or partial piracy, publication as well as reproduction or presentation of these contents or portions thereof.
- The Service logo and the company name Telugu Basha are legally protected. Their use requires the written consent of Telugu Basha.
10. User Generated Content
- Through the interactive use of the Service, Telugu Basha offers each User the opportunity to transfer self-generated contents (such as images, translations or texts) to Telugu Basha and to post them on the Service so that they may be accessible to the public.
- The user hereby grants Telugu Basha a perpetual, worldwide, non-exclusive, free and transferable right to make such content available to the public and to modify it in and to all content, like vocabulary listings, manuals, advises transferred to and published on Service.
- Telugu Basha may at any time remove or delete any content published by the user at its own discretion.
- Being of age and proper registration via a User account is a prerequisite for posting content. All content transferred and, if applicable, posted by users can be traced back to the self-chosen user name.
- The User accepts that the opportunity to post contents is only granted for personal, non-commercial use. Therefore, the User is not entitled to post such content with which it intends to pursue commercial interests, in particular advertising.
- The User itself shall ensure that its registration information cannot be misused by third parties. In this context the User is particularly obligated to block all third-party access to its registration information. At the consequence of being held personally liable, the User is also responsible for ensuring that the contents it has posted on the Service are free from viruses, worms, Trojans or other programs that could jeopardise or impair the operability or the existence of the language portal/community or the websites of other users.
- The user warrants that the content transferred by the user does not infringe on any third party’s intellectual property rights and that the content can be used in accordance with Section 10.2. This includes any moral rights of any people pictured, mentioned or else referred to in the content.
- Telugu Basha reserves the right to exclude the user from its offer or to limit the users option to publish content if this agreement is breached. Furthermore, the user warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor – in addition – are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals.
- The rights granted to Telugu Basha by the user and the preceding warranties and releases shall not expire upon termination of the user relationship.
- Those that use the Service may have the opportunity to comment on and evaluate the content, etc. In this context the User is entitled and obligated to refer Telugu Basha forthwith to the contents of other users that clearly violate the provisions of these T&C and/or statutory requirements and/or are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals.
11. Final Provisions
- Agreements between Telugu Basha and the User shall be written and construed in accordance with the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
- The Parties agree to exclude those provisions of the German international civil law, that may cause the exclusive application of any other jurisdiction.
- Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
This is version 2.0 of the terms and conditions, issued Mar 17, 2014