Terms and Conditions

Last updated: 14th of July, 2021

Interpretation and Definitions
1. These General Terms and Conditions shall apply to all contracts concluded betweenus, Coleap Technology GmbH, Rosenthaler Straße 13, 10119 Berlin (hereinafterreferred to as “Coleap, we or us”) and you as our customers (hereinafter referred toas „Learner“). We offer cohort-based courses in any type of area of interest. Thisincludes live lectures, assignments, practice-based online programs, a community ofother Learners, discussion forums and other learning blocks. These courses(hereinafter referred to as “Learning Community”) take place online at a specificdesignated time and are taught by selected creators. In addition, we enable Learnersin the respective Learning Community to voluntarily exchange information with eachother in order to promote the learning target of the respective Learning Community.
2. The offered Learning Communities on our Website on https://coleap.com/learn aredirected to both Consumer Learners and Business Learners (as defined below), but ineach case only to end users. For the purpose of these General Terms and Conditions,(i) a „Consumer Learner“ is any individual entering into the contract for a purpose notrelated to his or her business, trade or self-employed professional activity (Sec. 13 ofthe German Civil Code), and (ii) a „Business Learner“ is an individual, company orpartnership vested with legal capacity who enters into the relevant contract in theconduct of its business or its self-employed professional activity (Sec. 14 (1) of theGerman Civil Code).
3. General Terms and Conditions of the Learner do not apply, regardless of whether or
  not we expressly object to them in a particular case.
4. Our contracts with the Learner shall be made exclusively in the English language.
Technical Requirements
1. Coleap hereby points out that certain technical requirements must be met by the Learners in order to use our Learning Community (our service) offered. To enable access, the Learner requires an Internet-capable computer or corresponding device, an Internet connection or access, and certain (third-party) software for playing videos and reading files. If there are any questions about the necessary technical requirements, please contact founders@coleap.io
2. The Learner is responsible for ensuring that the technical requirements for access to the Learning Communities are met and that the necessary (third-party) software is used. The use of third-party software only creates a contractual relationship between the Learner and the respective provider of the third-party software. The provider of the third-party software neither acts on behalf of Coleap nor does Coleap use the provider of the third-party software to fulfill contractual obligations towards the Learner. There are no claims against Coleap if the Learner has not fulfilled the obligation incumbent upon it to create the technical prerequisites.
3. Coleap expressly reserves the right to further develop, change and supplement the offered Learning Communities. If further technical requirements have to be created for this and/or certain additional (third-party) software is required, the Learner will be notified of this in good time and in advance.
Conclusion of Contract
1. The presentations on our website are only a non-binding overview of our Learning Communities. The presentations on our website do not constitute a binding offer. The provision of availability applies.
2. The Learner applies for an individual Learning Community on the course landing webpage, stating his/her name, Linked-In profile and motivation for the course. Coleap confirms the receipt of the application within one week.
3. Coleap interviews the Learner and based on the availability of resources, the individual Learner's motivation, and the amount of time the course will take, makes a decision as to whether the Learner will receive an offer to participate in a Learning Community. The offer will include a payment link and these General Terms and Conditions. The offer to participate in a Learning Community is open for 5 calendar days. The Learner can
  accept this offer by payment of the course fee.
4. The Learner is responsible for ensuring that the e-mail address he or she provided when placing the application is free of errors, has been configured correctly (for example, with regard to SPAM filters) and that his or her e-mail account has the necessary free storage space.
5. The Learner can view and download these General Terms and Conditions on the website both before and after placing applying to the Learning Community.
Offered Service
1. The scope and content of our Learning Communities are specified in the description on the respective course landing page.
2. Coleap is authorized to have certain services within the Learning Communities performed by independent instructors. The online lectures, in particular, are given by independent instructors.
3. Only after registration on Coleap’s website, the user is entitled to participate in the respective Learning Community. Passing on the usage data to third parties or the use of the Learner`s access by several persons is strictly prohibited. In the event of a violation, access may be blocked. Use is for private purposes and only to a reasonable and manageable extent.
Prices and Payment
1. Our prices include statutory VAT.
2. Unless expressly otherwise agreed by us, all Learning Communities shall require advance payment. Learners can access their payment options from our payment service provider's website at https://stripe.com/de/payments/payment-links.
3. The Learner shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
Withdrawal
1. Learners who are Consumer Learners have a statutory right of withdrawal when concluding a contract by way of a so-called distance selling transaction.
2. However, pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), this does not apply to the booking of a specific Learning Community (private or public, onsite or as a live event). Therefore, you cannot withdraw your order for access to a Learning Community. Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), the right of withdrawal does not apply, among other things, to contracts for the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision. The Learning Communities offered by
  Coleap can be from the field of leisure activities on a specific date or period. Thus, each order to access of such a Learning Community is legally binding upon acceptance by Coleap and obligates acceptance and payment.
3. In all other cases, the following shall apply to contracts with Consumer Learners:
  1. Right of withdrawal
    
    You have the right to withdraw from this contract within 14 days from the day of the conclusion of the contract without giving any reason.
    
    To exercise the right of withdrawal, you must inform us, Coleap Technology GmbH, Rosenthaler Straße 13, 10119 Berlin, thomas@coleap.io, of your
    decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
    
    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the
    withdrawal period has expired.Effects of withdrawalIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are
    informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest
    
    If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
  2. Forfeiture of Withdrawal Right
    The withdrawal right shall forfeit for any contract regarding the delivery of digital contents not stored on any storage device if we have started with execution of this contract after you (i) shall have expressly consented to start of execution prior expiry of the revocation deadline and (ii) you have confirmed to be aware that through your approval at the start of execution of this contract you will forego your right of revocation.
  3. Model withdrawal form
    To Coleap Technology GmbH, Rosenthaler Straße 13, 10119 Berlin,
    thomas@coleap.io:
    ‍
    I hereby withdraw from my/our contract for the provision of the following service,
    
    Ordered on (Date),
    
    Name of Consumer Learner(s),
    
    Address of Consumer Learner(s),
    
    Signature of Consumer Learner(s) (only if this form is notified in paper),
    Date.
Termination
1. Learners and Coleap are entitled to terminate the contract by notice in writing or in text form. Coleap is entitled to cancel a specific Learning Community in case of insufficient number of participants up to one week before the planned start of the Learning Community.
2. In case of an ordinary termination by the Learner according to Section 7 (1) the statutory legal consequences shall apply.
3. The right to extraordinary termination for good cause by you or by us shall remain unaffected, an important reason exists, for example, if there is a serious violation of the Learning Community Guidelines by the Learner.
Legal Warranty

Legal Warranty is granted in line and to the extent of the applicable statutory provisions.

Liability
1. We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
2. In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 below - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the Learner may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in paragraph 3 below.
3. Our liability for damages arising from injury to life, body or health shall remain unaffected by the above limitations and exclusions of liability.
Intellectual Property Rights
1. The Coleap Platform, the Learning Communities and all its contents are for personal use only and must not be used for own commercial activities of the Learner nor be shared with third parties that do not belong to the same household than the Learner. It is expressly forbidden to use the materials and videos provided through the Learning Community for public presentation.
2. The Learner is granted the non-exclusive right to use any video provided as part of the Learning Community for personal learning purposes only or in connection with our service. Learners are not allowed to make personal video recordings of the offered courses and other services.
3. The Learner shall have no right to make copies of the videos delivered as the service or in connection with the Learning Communities except for the purpose to use the video pursuant to Section 10 (2) or for back-up purposes.
4. In no event shall we be required to make available the source code of the video or our Learning Community platform.
5. The Learner must treat his or her access data for his or her account confidentially and may not pass them on to third parties. The Learner may not make his or her account accessible to third parties.
Applicable Law and Competent Courts
1. Any contracts entered into between us and the Learner shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. If the Learner is a Consumer Learner and has his or her habitual residence in another country, the Consumer Learner shall, however, continue to have the protection afforded to him or her by provisions that cannot be derogated from by agreement by virtue of the law applicable in the state of the Learner’s habitual
  residence.
2. If the Business Learner is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (“Kaufmann” within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Berlin shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Learner may file a suit before any court of competent jurisdiction under applicable law.
Dispute Resolution

Alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Learning Community Guidelines

Our mission is to enable learning with like-minded peers, rather than alone by yourself. Learning in a group has various advantages such as expanding your network, support when you face a learning challenge, and keeping yourself accountable. We are developing a global community of learners focused on collective exchange. As a growing company, we want to support our community with clear guidelines and thus contribute to the success of our learners. Our guidelines define standards and a uniform code of conduct for Coleap.

Our guidelines apply to all of Coleap`s offerings. We implement the policy by allowing our Learners to report content. You can report violations of the Learning Community
Guidelines or statutory law at founders@coleap.io.

Within a Learning Community, learner interaction is encouraged in the comment sections. The contributions should have a thematic reference to the respective Learning Community or Coleap.
We will delete content that violates the rules without prior notice. This applies to both posts and comments. The decision about the removal will be made on an individual basis.

The following content in particular is not permitted in our Learning Communities:

(a) Illegal content;

(b) Insults, discrimination, defamation, hate, violence;

(c) Advertising.

Within the Learning Community, participants maintain respectful interactions. Within the context of a commentary, participants act in a factual and respectful manner. Otherwise, the comment may be deleted by us. In addition, in case of repeated violations of our Learning Community Guidelines, the contract may be terminated and/or the account of the Learner may be deleted.

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