Last updated June 2021
Art. 1 Subject of the usage conditions and definitions
(1) Linguedo GmbH, Friedrich-Ebert-Anlage 36, 60325 Frankfurt am Main, (hereinafter “Linguedo”) operates a platform for independent learning from the URL https://intuedo.com/course (hereinafter “Platform”). To use the online Platform https://intuedo.com/course all users are obliged to follow the following terms of usage (hereinafter “Terms of Usage”). The Terms of Usage set out the contractual relationship between Linguedo and the users, establishing terms of usage and the accepted use allowed on the platform, as well as its functions and the service by the users. The current Terms of Usage are applicable at the time of use.
(2) Providing there are the technical capabilities, via the platform Linguedo provides persons with a platform to independently learn the German language. The Platform and its offers, the services and functions within it are aimed primarily at those wishing to learn the German language. Users may register and create a profile on the Platform free of charge. Registered users may use various functions of the Platform, as well as being able to buy online courses to learn independently for a fee and other learning materials (hereinafter “Language Course”). Furthermore, the Platform can be used as a tool for registered users to interact, allowing them to “connect” with others, share ideas and communicate using private messages, so-called groups and the forum.
(3) Those registered as users on the Platform, are hereinafter known as “Registered users”.
(4) Users of the website https://intuedo.com/course without registering, are hereinafter known as “Non-registered users”.
Art 2. Scope of application of the Terms of Usage
(1) These Terms of Usage set out the contractual terms for the free usage agreement between Linguedo and the users concerning the use of the Platform intue.do and the way the functions are used and the services of the Platform intue.do by the users, the use of the forum and groups, the management of contacts and “connections”, it regulates behaviour with regard to others, as well as governing the obligations of the users, limitations of use, blocking user profiles, deleting user profiles and the users’ responsibilities in relation to the content, posts and statements made by and/or removed by users.
(2) These Terms of Usage set out exclusively the contractual relationship between Linguedo and the users for the free usage agreement, in particular, registering as a user on the Platform and the services and functions which are offered free of charge, including modules for the free course and the use of other free services. Contracts with third parties, in particular, those contracts relating to paid content for the user via the Platform (e.g. via a “reseller”) and Language courses and other paid content offered by external vendors (“reseller”), are governed by the General Terms and Conditions (GTC) of the reseller. At the same time the regulations regarding the possibility to revoke access, the duration of the contract, the possibility to cancel, possible costs, the payment methods, responsibilities and other contractual regulations between the user and the respective reseller with regard to paid services bought from the reseller are available to see.
(3) Only natural persons may register on the Platform. Registration is necessary to use both the services and free functions (for example, the creation of a user profile), as well as paid Linguedo services (e.g. Language courses) but also to purchase Language courses (paid) or other learning materials. These Terms of Usage form the legal basis for registration and use.
(4) The use of most services and functions offered on the Platform is reserved for Registered users. The use of the Platform and its services offered by Linguedo is only allowed for users which have the right to conclude a contract with Linguedo, in particular, they must not be minors and are working, they must have completed their registration by entering their necessary personal data in a complete and verifiable manner, they have accepted these Terms of Usage and have been granted access by Linguedo. More details on the purchase of paid content and paid services (in particular, Language courses and learning material) are set out in the General Terms and Conditions (GTC) of the reseller providing this content.
(5) Use of the Platform is granted so long as the user observes the Terms of Usage, respects the aims of the platform and does not improperly use the services and functions offered and their behaviour on the Platform does not violate the laws in place and does not damage others’ rights and on the condition that their user profile does not become limited, blocked or deleted by Linguedo.
(6) By using the Platform the user recognises the application of the terms and the fundamental principles contained within these Terms of usage which are applicable to the use and purposes of the Platform including the behavioural rules. This applies to both Unregistered users and in particular, Registered users.
(7) Users who register on the Platform, through registering, must accept these Terms of usage.
Art. 3 Registering as a user (free registration) and free Linguedo services
(1) To use the majority of services and functions offered on the Platform it is necessary to register as a user and create a user profile that is protected with a password. Registration is also a prerequisite to have access to certain free content and purchase paid Languages courses. Registering as a user is free. For the conclusion of the contract, the following languages are available: English, German, Italian. Only adults may register.
(2) Should a user be a minor, that is they have not yet turned 18, they may use the Platform, as well as the offers, services and functions based on the rules without registering with the authorisation of a legal representative (e.g. a parent). Only adults are able to agree to the usage contract.
(3) You can register as a user on the Platform via the following link https://intuedo.com/course/free-registration/. Registering as a user is free and in order to do so, personal data must be entered (username, nickname, name, email address and password), accepting the Terms of usage is also a prerequisite for registering. The user may view and save the Terms of usage during the registration process. By registering (free) there are no paid services agreed, in particular, no subscriptions, no sales contracts and no purchase of Language courses or other learning materials is agreed.
(4) Having entered user data, it is necessary for the user to correct them before concluding the registration process. By sending the completed registration form, by clicking on “Complete registration”, the user sends Linguedo a proposal to agree to a free usage agreement. Linguedo accepts such a proposal, activating the user’s profile and sending a confirmation email to the email address entered in the registration form. The access to the registration offer is confirmed by the user without unnecessary delay by email. Following the activation of the user’s profile by Linguedo, the user has access to the free services and functions of Linguedo. Linguedo reserves the right, in specific circumstances, to refuse the acceptance of a proposal by the user to complete the free usage agreement (e.g. if the user is underage) without having to justify it.
(5) The user receives the Terms of usage applicable at the time of their registration via email. Following the conclusion of the contract, Linguedo does not save the contractual text of the Terms of usage applicable at the moment the contract was concluded. It is possible to read, review, save and print the current Terms of usage via the Platform at the following link https://intuedo.com/course/terms/ at any time.
(6) It is important to note that by concluding the free usage agreement by registering as a user only applied to the free service offered by Linguedo, therefore, the right to consumer withdrawal is not applicable in this context.
(7) Based on these Terms of usage and the law in place, registered users have the right to use the services and functions offered (for free) by Linguedo and if necessary, to purchase paid services (Language courses, access to further learning materials, etc.) from external suppliers or “resellers” (DigiStore24) via the Platform.
Art. 4 Purchase of paid services and paid contractual services relative to Language Courses and learning materials
(1) Registers users may purchase paid services via the Platform (e.g. Language courses and other learning materials) via third parties or “reseller” (Digistore24).
(2) Contracts relating to paid services are not concluded with Linguedo, rather directly and exclusively between the user and the external supplier (reseller).
(3) In the event that the Registered User purchases paid services via the Platform intue.do, the General Terms and Conditions of the reseller apply.
(4) The contractual conditions for the purchase of paid services can be taken from the General Terms and Conditions of the respective reseller, which will be made displayed and made available to the user when concluding the contract between the user and the reseller, in other words, during the order/purchase phase with the reseller before the user agrees to the contract, in a clear and understandable manner, adapted to and suitable for remote communication.
(5) The respective reseller is responsible for the information provided to the customer. The necessary information provided to the customer may include:
- The specific details of the product or services
- The identity and commercial address of the reseller
- The total price of the product or services, taxes included
- The payment, delivery and service terms, including by when the company is obligated to deliver the product or provide the service
- Any existence of a guarantee in case of defective products
- Any possible expiration of the contract or the conditions of withdrawal for unlimited contracts or if it is prolonged automatically
- How digital content works, including applicable protection measures for such content
- The existence or not of withdrawal in accordance with consumer rights and the relative conditions, deadlines and procedures to withdraw
- The individual technical steps to conclude the contract
- Any possible saving of the contractual text by the reseller following the conclusion of the contract and any possibility to access the text by the customer (user)
- The technical measures and the possibility for the user to recognise, rectify entry errors before the sending of the contract
- The languages available for the contract
- All relevant behavioural codes to which the reseller is subject to, as well as the possibility to electronically access such a code.
And any further information to be provided to the user or the customer will be made available together with instructions on withdrawal and a withdrawal form before the sending of the contract by the reseller in a clear and understandable manner in the way of a text or permanent online support.
Art. 5 Amendments to the Terms of Usage
(1) Linguedo expressly reserves the right to amend these Terms of usage, for example, to implement legal changes or to adjust the services and functions.
(2) The amendment of the Terms of usage is allowed without prior approval from the user so long as it does not disadvantage the user, in particular, if the amendments financially disadvantage the user. Other amendments to the Terms of usage will be communicated to the user by email at least six weeks before they are implemented or they come into effect together with the possibility to object to them and the effect or not objecting. In the event that the amendments are objected to by the user, by the foreseen deadline, until further notice, the Terms of usage applicable at the time will continue to be valid until the objection is filed.
(3) If the user objects to the amendments to the Terms of usage, Linguedo reserves the right to terminate the contractual agreement with the user. If the user does not explicitly object to the amendments within six weeks of the communication, this will be sufficient for tacit authorisation. If the user does not agree with the amendments to the Terms of usage, they may withdraw from the contract or delete their profile, withdrawing from the contract, at any time.
(4) The withdraw of the contract or deletion of a user profile by the user does not affect the validity of any contracts between the user and third parties (e.g. reseller) in relation to Language course and other paid learning materials, as well as the obligation of the contractual partner (user) to comply with the relative reseller course costs.
Art 6. Linguedo services on the Platform intue.do
(1) Linguedo provides users with different services and functions for free on the Platform. To allow free services to be used, such as connections between users, the use of forums and groups, the messaging and similar functions, Linguedo only makes the technical side of the Platform available and adapts only the necessary technical measures to make it available. Linguedo is not responsible for the continuous availability of the Platform.
(2) Linguedo is not responsible for the content and information present in the user’s profile, for the correctness of profile data, for other content created by the user or their posts and their potential publication, sharing and public availability via the Platform and the Platform’s services (e.g. forum, messaging function, etc.).
(3) Linguedo reserves the right to limit, modify or remove services and functions on the Platform without notice, even without informing individual users in advance of this. To this end, communication to users, if needed, generally happens via the Platform.
(4) Linguedo has the right to limit or temporarily suspend the Platform’s activities and its functions, in a way which is necessary and adequate to perform maintenance. Users will be informed prior to this, so long as technically possible and reasonable for Linguedo, via email or a general communication via the Platform.
(5) Linguedo does not verify content, editorial or otherwise of the data given by users, profile data, posts in the forum or any other type of content or communication generated by the user.
(6) Linguedo does not provide any service to provide the technical requirements or anything similar for the user’s internet usage. The user is responsible and assumes the costs themselves in order to have the technical prerequisites for access to the internet and the opening of content, as well as the use of the Platform.
Art 7 Rights and obligations of Linguedo in regard to the use of the Platform
(1) Linguedo has the right to amend services and functions on the Platform, to add new functions or features, or to remove current functions and features at any time.
(2) Linguedo rejects all responsibility for content generated by users of the Platform.
(3) By registering on the platform there is no contract concluded for paid services between Linguedo and the user, there is only a free usage agreement. Paid services must be purchased separately by the user. To this end the GTC of the reseller are applicable.
(4) There is no verification, limitation or quality control, censorship or other amendments to content and posts generated by the users on the Platform. The respective user is exclusively responsible for the user’s profile content and all users’ posts in the framework of the service and functions offered on the platform.
(5) Linguedo has the right to use content generated by the users on the Platform for the purposes mentioned, in particular, to share them in a digital format (even individually) and to make them publicly accessible (including necessary technical editing to that end of the data and content, for example, changing the format, compression, conversion, coding, etc.).
(6) In order to maintain the security of the Platform, to meet applicable laws and to ensure the rights of third parties are respected, as well as to curb any abuse and prevent technical disruption, as well as to defend again hackers, Linguedo has the right to deactivate or limit the services and functions.
(7) Following from a report of a third party or any other manner of informing us, Linguedo has the right to verify the compatibility of content and profile data generated by the user, as well as the user’s posts, under the legal regulations, rights of third parties and these Terms of usage and to block or make accessible to third parties (competent or legal authorities) such data, content or posts.
(8) If the content or posts generated by the user on the Platform violate the Terms of usage or the regulations or the behavioural rules established by Linguedo in the Terms of use, the purpose of the Platform, the legal regulations, rights of third parties (for example, commercial property) or morality, if they represent a danger to security and public order, incite violence, include pornographic content, are dangerous to minors, racist, sexist, discriminatory or illicit in any way, or it is necessary to protect minors, to protect or ensure third-party rights, to protect personal honour or for any other reason or if ordered to by the authorities or courts, Linguedo has the right, from the moment such things are brought to its attention, to block access to and delete the content in question. In particular, Linguedo also has the right to block the user’s access to their profile and to refuse the user to reregister, in other words, to technically impede and block the user permanently.
Art. 8 Obligations of the users, behavioural rules and rights of the author
(1) During registration the user is obligated to insert all personal and other data in a truthful and complete manner. Furthermore, the user is obligated to ensure that their personal data is and remains truthful, complete and up to date.
(2) The user is obligated to store their access data as well as the password for their profile in a secure way and separately from others, to protect from access by third parties and not to divulge such information to third parties. The user is not authorised to provide their user profile or access data to others or to transfer in whole or in part to third parties. The user is responsible themselves for the confidentiality and the security of their own user profile and access data.
(3) The user is obligated to inform Linguedo in writing of any improper use of their user profile and their access data (including loss or theft of their access data) without due delay by sending an email to datenschutz@linguedo.com. Any damages occurring from the use of a profile or access data by an unauthorised third party, in particular, due to the improper use of a profile by a third party or the lack of or late communication of improper use or danger or improper use, shall remain the responsibility of the user. The user is obligated to compensate Linguedo for all damages resulting in such a situation.
(4) The user does not have a right to continuous access and availability without interruption of the Platform and the offers, services and functions included, this includes Language courses and other (learning) content.
(5) In the context of using the Platform and services and the functions included, in particular, in forums and groups, the user is obligated to respect the following behavioural rules:
- In the case of posts containing testimony, these must be true and expressed in an objective manner.
- It is always necessary to respect the “correct tone” and ensure that others are confronted in a polite and adequate way, in particular, when expressing opinions and commenting, as well as when communicating with other users.
- The rights of third parties must not be violated and malicious or offensive content towards others must not be posted. It is not permitted to express or share defamatory or malicious statements which are not true against others.
- Discriminatory, offensive, racist or seriously defamatory comments as well as those which incite hatred, offensive criticism and any other abusive behaviour such as threats, intimidation or being offensive to other users or third parties are not wanted, since they are not in the spirit of freedom of expression. In the case of posts, comments or content which is illegal, Linguedo is obligated to inform the legal authorities.
- Every user is responsible for their own content, comments and posts.
- The explicit mentioning of people, as well as the sharing and displaying of people and the use of other’s personal data, is not permitted without the permission of the other person.
- In the forum and the groups, it is not permitted to share personal adverts or those for products or third party services.
- Multiple registrations by the same person with different usernames or email addresses are not permitted.
(6) Content generated by users on the Platform or content made available, in part or in whole, may be protected by copyright, commercial property or other laws. We remind you again, that the publication, sharing, displaying, copying, diffusion, public accessibility, public perceptibility, the divulging or any other use by other users is allowed, in line with the principle of prior authorisation by the other party or by the owner of the rights in question and that the user responsible is themselves responsible.
(7) The user is obligated to not circumvent themselves or via third parties the security measures in place on the Platform and to not carry out any technical manipulations of the Platform or its services and functions. In particular, the user is obligate not to create spyware, viruses, malware or damaging code on the Platform or on their user profile and not to transfer them to third parties by using Linguedo’s services or functions.
(8) The user is obligate to use Linguedo’s services, as well as the Platform, for the purpose set out by Linguedo and to not use them improperly for other purposes.
(9) The user is obligated to respect the regulations and laws with regard to all content transferred by them when using the Platform and the data, information, images, photos, locations and brands, the representations and generated texts, to not break legal regulations and to guarantee the rights of third parties and to create or publish content exclusively which do not violate the rights of third parties, in particular, rights with regard to immaterial property, copyright and commercial rights, brand names, naming rights, human rights as well as any other third-party rights.
(10) The user is obligated to not violate criminal law and the regulations regarding the protection of minors, as well as the protection of personal reputation, in particular, not to generate racist, illegal, pornographic content or content which has a sexual nature, is dangerous to children, incites hatred or violence or derogatory and to not make it available via their own user profile.
(11) Language courses, course content, accompanying material and other content on the Platform (e.g. texts, images and photos, etc.), even if made available to users via third parties (reseller) for a fee, are subject to copyright. The user is obligated to respect copyright or any other regulation relating to the Language course, course content, accompanying materials and any other content on the Platform (e.g. texts, images and photos) which are available through the Platform, which are provided by Linguedo or the reseller or which are made available to Registered users of the Platform. In particular, the user is obligated not to copy, duplicate (neither in an analogue nor digital nor other IT format) the Platform’s content, in particular, texts, photos, learning materials and Language courses from Linguedo, including the corresponding documents and accompanying materials or excerpts or parts of these (even if they are made available through a reseller) and no not share, make them publicly accessible or publicly availably (even in the context of private communications via email Messenger services or other apps) or to use them without permission in any way that is not authorised. Registered users may consult, save and print the content only for private use. No other use apart from that mentioned is permitted, in particular, business, commercial or industrial use.
(12) The obligations set out in Art. 8 of these Terms of usage and the behavioural rules are the fundamental obligations of the user. In the event that they are not followed by the user, Linguedo has the right to withdraw from the contract in exceptional circumstances and without prewarning.
Art. 9 Use of the platform and profile functionality
(1) User profiles on the platform may be created exclusively by private users (natural persons) based upon these Terms of usage and only in the context of these Terms of usage and the obligations set out in them, including the behavioural rules set out above.
(2) You can register as a user on the Platform via the following link https://intuedo.com/course/free-registration/. Registering as a user and the conclusion of the usage agreement are regulated on the basis of these Terms of usage. Registration is free and occurs following the entry of the user’s personal data (mandatory fields include username, nickname, name, email address and password). The confirmation, understanding and acceptance of these Terms of usage by the user are a prerequisite to registration.
(3) The Platform offers Registered users the following functions with regard to the user profile and account settings:
(a) Registered users have the option to use all free services available on the Platform, such as messaging functions, functions to complete and modify user data, functions relating to groups and the forum.
(b) Under the “Profile” menu Registered users who are logged in can view and edit their access data and account settings. Nicknames can be amended later. It is not possible to change the user name.
(c) Under the “Account>Email preferences” menu Registered users can change their email preference settings.
(d) Under the “Privacy” menu Registered users can change their profile visibility settings, or, set and select who can see their profile details.
(e) Under the “Invite to groups” menu Registered users can limit group invites to only their contacts.
(f) under the “Export data” menu Registered users can download a copy of all the data they have generated on the Platform.
(G) Under the “Delete account” menu Registered users can completely delete their user profile. By doing this all content generated by the user is deleted permanently and irrevocably. Only the data necessary to carry out any contractual obligations or for which there is a legitimate interest (e.g. to claim or defend a right) or there is an obligation to store it, will continue to be stored. More information regarding this is available in the Privacy policy or in the information relating to the protection of personal data which you received when concluding the contract on free services or when you purchases a languages course or other learning materials from Linguedo.
(h) Under the “Courses” (“My courses”) menu Registered users can see the free courses and the courses which they have paid for and begin the respective course.
(i) Under the “Connections” or “Contacts” menu Registered users can read and respond to messages sent by other users.
(j) Under the “Communication” (“Messages”) menu Registered users can see their connections with other users and amend contact requests.
(k) Under the “Groups” menu Registered users can see and open their groups and enter groups as a member/user. Furthermore, it is possible to send so-called group messages to all members of a group. It is not possible to send private messages to individual members of a group.
(I) Under the “Forum” menu Registered users can start discussions, participate in discussions, save discussions as favourites, follow discussions and start their own threads. In this regard, please take into account the rules on behaviour (as above). Access to some forums depends on the so-called “Membership level” of the user. Some forums are reserved for users which have a specific membership level. Posts in the forum may only be edited within five minutes of their creation.
(m) Under the “TimeLine” menu Registered users can create posts visible to all Registered users on the Platform. The user has the option to edit or delete such posts at any time. In this regard, please take into account the rules on behaviour (as above).
(n) Registered users also receive, alongside their access to the Platform, free access to a dedicated vocabulary trainer as a smartphone app (Intuedo vocabulary trainer) for iOS or Android operating systems, for the entire time they maintain their user profile. Linguedo reserves the right to expand, limit or terminate the use of the app at any time.
(4) If the user is a minor, in other words, they have not yet turned 18, they may use the platform, as well as its offers, services and functions including those mentioned, with the authorisation of a legal representative (e.g. a parent).
Art. 10 Improper use, sanctions, blocking and deletion of content and profiles
(1) In the event of improper use of the Platform or Linguedo services by the users, in the event of the user violating the Terms of usage or the behavioural rules and the user’s obligations or in the event of any other serious reason or if Linguedo has any legitimate interest to do so, Linguedo has the right to adopt, at its discretion, measures which it considers appropriate. In particular, Linguedo has the right to immediately delete content, profile data and posts generated by users, to block access to such content, as well as temporarily block user profiles or in the event of repeated violations permanently delete the user’s profile (including content and data relating to it) without warning
(2) In particular, Linguedo has the right to temporarily block a user profile at its discretion and without warning or to delete it permanently in the event that content, data and posts generated by the user violate third-party rights or legal regulations or if they are in contradiction to the purposes of the Platform or if they contain offensive, terrorist content, content which incites racist hatred, incites violence, is denigrating to the rights of human beings, defamatory, cruel towards animals or is pornographic. Furthermore, Linguedo has the right to block access to users and/or to delete user profiles if the user has not booked a free Language course despite being registered for two months.
(3) When a user is blocked by Linguedo or their user profile is deleted, the user in question is no longer allowed to use the Linguedo services, including under another name or user account.
(4) By blocking or deleting a user profile the validity of any contracts agreed between the user and third parties (e.g. with the reseller) relating to purchased Language courses or other paid learning materials are not affected, as well as their obligations to third parties in this respect, in particular, the obligations in regard to the cost of the course.
Art. 11 Right to withdrawal
The conclusion of a free usage agreement by registering as a user has the exclusive purpose of using Linguedo’s free service. For this reason, there is no right to withdrawal for the consumer. Nonetheless, the user may withdraw from the usage agreement at any time without giving a reason by deleting their user profile.
Art. 12 Deletion of a user profile by the user
The user may delete their user profile at any time. In the event of permanent deletion of a user profile by the user, all profile data and content generated by the user, their personal data as well as the data which may have originated from its creation, use and upkeep will be deleted permanently and irrevocably after one month.
Art. 13 Withdrawal from the Usage agreement
(1) The user may withdraw from the Usage agreement as standard at any time with 14 days’ notice before the end of the month without any reason. Upon withdrawing, the usage agreement is terminated and from the moment in which the termination applies, the user will lose access to their user profile and all services and functions of the Platform connected with their profile, including any Language courses that are booked or have been purchased.
(2) Linguedo may withdraw from the usage agreement as standard with 14 days’ notice before the end of the month. Standard withdrawal by Linguedo is not allowed for the entire duration of the Language courses booked by the user. This does not affect the right to withdraw, block or delete a user profile in extraordinary circumstances.
(3) Standard withdrawal must be in writing. Extraordinary withdrawal, without warning, by Linguedo does not require anything in writing, even the deletion of a user profile is sufficient.
(4) Extraordinary withdrawal, without warning, requires a valid reason. Such a reason exists, in particular, at the moment the user improperly uses the Platform or the services and the functions including the offers or if they violate their obligations set out in Art. 8 of these Terms of usage, including the behavioural rules. In this regard, in addition, legal options for extraordinary withdrawal without warning apply.
(5) The blocking, deletion or withdrawal without warning of the user profile does not affect the validity of the contracts previously concluded with third parties (e.g. with reseller) on the Platform, in particular, those relating to the purchase of Language courses and the obligations of the user deriving from them to the reseller.
(6) Withdrawal by the user does not release them from any obligations with third parties (e.g. reseller), for example, the payment of any compensation or costs for the suspended course.
(7) If Linguedo has withdrawn from the contract without warning, the affected user may not use Linguedo services, including under a different name or by using another user account and may not register again as a user.
(8) In the event of withdrawing from the usage agreement, from the moment the withdrawal becomes effective, the user shall lose access to their user profile and all the services and functions of the Platform, including booked Language courses. Furthermore, all the profile data and content generated by the user, their personal data as well as any products and anything stored when creating or using the profile will be permanently deleted irrevocably one month after the withdrawal becomes effective, unless Linguedo saves them as allowed for other reasons or purposes, for example, in order to comply with any storage obligations or based upon a legitimate interest (more details can be found in the Privacy policy.).
Art. 14 Responsibilities
(1) Responsibility of the user
(a) In the event that the user violates their obligations, the user is obligated to compensate Linguedo for any damages caused. In this context, users may be held by Linguedo to the full extent of the law.
(b) Should the user have wilfully violated the rights of third parties on the Platform, the user shall exempt Linguedo from any claims made by third parties about the Platform in such contexts.
(c) In particular, the users are obligated to exempt Linguedo from any claims made by third parties in relation to (possible) violations of their obligations by the user as per Art. 8 of these Terms of usage with regard to Platform, including legal costs which may occur through such behaviour.
(2) Responsibility of the Platform and limitations of responsibility
(a) In accordance with legal provisions, Linguedo is responsible only for wilful misconduct and gross negligence. In the event that Linguedo’s responsibility is excluded or limited, such an exclusion or limitation applies to any responsibility of its legal representative, partners or employees.
(b) The limitations of responsibility do not apply in the event of violations to the right of life, limb and health as well as in the event of fundamental violations of a contractual obligation.
Art. 15 Final provisions
(1) German law is applicable.
(2) If singular provisions in these Terms of usage are not valid, or become invalid in the future, in whole or in part, then the other provisions shall remain valid.
(3) The purchase of paid services (e.g. Language course) by the user takes place via an external supplier (“reseller”). The user’s contractual partner is the relative supplier (“reseller”). The purchase of paid services (e.g. Language course) is not part of these Terms of Usage.