Terms and Conditions

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This agreement applies as between you, the User of this Website, and Emad Yacoub Hanna, Bahnhofstr. 126a, 14532 Stahnsdorf, Germany ("We/Us/Our"), the Owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 7, and 11 – 24 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 8 – 10 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon sending a confirmation email by Us to you indicating that your order has been accepted.
Unless otherwise agreed, the inclusion of the own conditions of the User is not possible.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information, and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that We make available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically the use of the proprietary e-learning platform, the on-demand and/or live online courses on that platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes;

"System": means any online communications infrastructure that We make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;

"User"/"Users": means any third party that accesses the Website and is not employed by Us and acting in the course of their employment. In these Terms and Conditions, the use of masculine forms is meant to refer generally to users of any gender;

"Website": means the website that you are currently using, sistrum.eu, and any sub-domains of this site unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means Emad Yacoub Hanna, the owner, and operator of this Website.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Us, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable German and International intellectual property and other laws.
When you, the User, uses the Services and/or Systems of the Website, We grant you a simple, non-transferable right to use the Content temporarily only for personal, non-commercial use on a device of your choice by streaming.
4.3 The User does not receive any further rights of use. In particular, the User is not permitted to duplicate, edit, use for commercial purposes or for public display (commercial or non-commercial) the Content beyond the temporary storage as part of the streaming process, to remove any copyright or other proprietary designations from the work and/or to make them available to third parties.
4.4 Upon termination of the course materials or upon the termination of the User's Account, the User must destroy all downloaded materials in his or her possession, whether in electronic or printed form.
4.5 Subject to Clause 5 you may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third-Party Intellectual Property

5.1 If temporary and/or trial licenses of third-party software are offered with the Content of the Website, they will be governed by the Terms and Conditions of the third-party copyright holders.
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.3 Subject to Clause 6 you may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Accounts

6.1 Any User can create an Account on the Website to procure Services on the Website and to use certain other parts of the System.
When Users create their Accounts on the Website, they provide Data such as a name, an e-mail address, and a password. This Data is essential to create the Account.
6.3 Additionally, the Users may add voluntarily to their Accounts on the Website other optional Personal Data including location, their website address, their professional experience, their links on social media, and their avatars.
 Users' Accounts can include Payment Information as well, when the Users wish to make a purchase on the Website.
6.5 By continuing to use this Website you, the User, accept, represent and warrant that:
6.5.1 all information you submit is accurate and truthful;
if you voluntarily provide to your Account any or all of the additional optional Personal Data of Clause 6.3, you consent to the processing and storing of this voluntarily provided Data in accordance with the
Privacy Policy of this Website
6.5.3 you have permission to submit Payment Information where permission may be required; and
6.5.4 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
6.6 It is recommended that you do not share your Account details, particularly your username, and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
6.7 If you have a reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until the provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified Us.

7. Termination and Cancellation of Accounts

7.1 Either We or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
7.2 Termination of the User's Account can take place if the User violates any of the restrictions of Clause 4. Upon termination, the User must destroy any downloaded materials in his or her possession whether in electronic or printed format.
7.3 If We terminate your Account, any current or pending orders or payments on your Account will be canceled and the provision of Services will not commence.

8. Services, Pricing, and Availability

8.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Us correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our commitment to delivering the Services in conformity with your order as detailed in sub-Clause 12.7 for incorrect Services.
8.2 Where appropriate, you may be required to select the required Plan of Services.
8.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
8.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
8.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

9. Orders and Provision of Services

9.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Us and you.
9.2 Order confirmations under Clause 9.1 will be sent to you before the Services begin and shall contain the following information:
9.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
9.2.2 Price information of the Services ordered including, where appropriate, taxes, delivery, and other additional charges;
9.2.3 Relevant times and dates for the provision of the Services;
9.2.4 User credentials and relevant information for accessing those services, if applicable.
9.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
9.4 Payment for the Services shall be taken via your chosen payment method.
9.5 We aim to fulfil your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means We will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and We will not be liable to you if We do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 13, will be affected.
9.6 We shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
9.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
9.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
9.9 For Our online courses, We provide the Content for streaming to the User from the pre-announced start date of the course for 48 weeks, or as otherwise agreed. Streaming means the transmission and reproduction of course materials via the internet, whereby the data is only stored temporarily in the browser cache and discarded after the stream has ended so that no permanent copy remains with the User.
9.10 We provide technical support via our online support forum and/or per email. We make every effort possible to respond in a timely manner but We do not guarantee a particular response time.

10. Cancellation of Orders and Services

10.1 We want you to be completely satisfied with the Services you order from Us. If you need to speak to Us about your Order, then please contact Us by email at info@sistrum.eu. You may cancel an Order that we have accepted. If any specific terms accompanying the Service contain terms about canceling the Service, the cancellation policy in the specific terms will apply.
10.2 If you are a consumer based within the European Union, you have a statutory right to a withdrawal period. This period begins once your order is confirmed and the contract between Us and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the email address info@sistrum.eu. Your right to cancel during the withdrawal period is subject to the provisions of sub-Clause 10.3.
10.3 As specified in sub-Clause 9.5, if the Services are to begin within the withdrawal period, you are required to make an express request to that effect. By requesting that the Services begin within the 14-calendar-day withdrawal period you acknowledge and agree to the following:
10.3.1 If the Services are fully performed within the 14-calendar-day withdrawal period, you will lose your right to cancel after the Services are complete.
10.3.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
10.4 Cancellation of Services after the 14-calendar-day withdrawal period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

11. Use of Communication Facilities

11.1 By using any System or communication facility on the Website, the User acknowledges and agrees that they will do so in accordance with the following rules. Failure to comply with these rules may result in their Account being suspended or closed, and their service providers are informed:
11.1.1 The User must not use obscene or vulgar language;
11.1.2 The User must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, slanderous, hateful, threatening, harassing, defamatory, ageist, sexist, or racist;
11.1.3 The User must not submit Content that is intended to promote or incite violence;
11.1.4 It is advised that submissions are made using German or English language as We may be unable to respond to inquiries submitted in any other languages;
11.1.5 The means by which the User identifies themselves must not violate these Terms and Conditions or any applicable laws;
11.1.6 The User must not impersonate other people; and
11.1.7 The User must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
 The User agrees that We have the right to monitor any and all communications made to Us or using Our System.
 The User acknowledges that We may retain copies of any and all communications made to Us or using Our System. Although the User's information will not be shared with any third party without their permission, We cannot be held accountable for any unauthorised access attempts that may lead to the User's Data being compromised.
11.4 The Learning User acknowledges that any information they send to Us through Our System may be modified by Us in any way and they hereby waive their moral right to be identified as the author of such information. Any restrictions the User may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

12. Privacy

The use of the Website is also governed by Our Privacy Policy on www.sistrum.eu/privacy. To view the Privacy Policy, please click on the link above.

13. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Us or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

14. Links to This Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the Website sistrum.eu without Our prior permission. Deep linking (i.e. links to specific pages within the Website) requires Our express written permission. To find out more please contact Us by email at info@sistrum.eu.

15. Disclaimers

15.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our Service or Systems.
15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
15.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computers.

16. Changes to The Facilities, Content, Service and System

We reserve the right to change the Website, its Facilities, Content, Service, or System at any time.

17. Changes to These Terms and Conditions

We reserve the right to change these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of The Website

18.1 The Website is provided “as is” and on an “as available” basis. The Website uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and We do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.
18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions, and censorship.

19. Limitation of Liability

19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of, or the inability to use the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
19.2 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Third-Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Us.

23. Communications

23.1 All notices/communications shall be given to Us either by post at Our address: Emad Yacoub Hanna, Bahnhofstr. 126a, 14532 Stahnsdorf, Germany, or by email to info@sistrum.eu.
23.2 We may from time to time, if you opt to receive it, send you information about Our Services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

24. Law and Jurisdiction

24.1 The contractual language is German. A contract is exclusively in German. This also applies if contracts other than German are written in another contract language. For translation and/or interpretation differences, only the German text is authoritative. Translating into another language is solely to facilitate understanding.
24.2 These Terms and Conditions and the relationship between you and Us shall be governed by and construed in accordance with German Law and you agree to submit to the exclusive jurisdiction of The Federal Republic of Germany.
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