Version 1.1 from 24.04.2018
By using the vogella Learning Portal from vogella GmbH, you confirm that
you have read, understood, and agree to this Terms of Service Agreement
and to the collection and use of your information as set forth in the
These terms of service apply to the business relationship
between the vogella GmbH, Haindaalwisch 17a, 22395 Hamburg,
Germany, referred as "vogella" and the User, if the User is an
entrepreneur as defined in § 14 of the Civil Code (German BGB)
or a legal entity under public law.
Visitors, users, and others who access and uses the Service,
they are referred as “Users”.
Conditions of contract partners
Through the vogella Learning Portal vogella provides an online
interactive platform for IT courses, they are refered as
Usage of the vogella Learning Portal Service
Confirmations or terms and conditions of contractual partners
are hereby expressly contradicted. This applies even if the
offer or acceptance of contractual parties regards to the
priority application of its own general terms and conditions.
- User’s license
Access to the Service
The User receives a non-exclusive, limited and non-transferable
license to use the Service for his personal, noncommercial use
only and as permitted by the features of the Service. vogella
may terminate this license at any time for any reason or no
Changes to the Service
The User is not allowed to use any automated system, including
without limitation; robots, spiders, offline readers, etc. to
access the Service in a manner that sends more request messages
to the vogella servers than a human can reasonably produce in
the same period of time by using a conventional on-line web
Interaction with other Users
vogella is allowed, without prior notice, to change the Service;
stop providing features of the Service, to the Users; or create
usage limits for the Service. With prior notice vogella is
allowed to stop providing the Service.
vogella Learning Portal Accounts
The User is solely responsible for his interactions with other
Users of the vogella Learning Portal. vogella reserves the
right, but have no obligation, to monitor disputes between
Users. vogella shall have no liability for Users interactions.
- Description of account
Obligations of the User regarding his account
The vogella Learning Portal account gives the User access to the
A User is not allowed to give access to his account to another
User. The User assures to provide accurate and complete
information while creating his account and is solely responsible
for the activity that occurs on his account. The user has the
obligation to keep his account password secure and to use a
strong password. Should the User notice any breach of security
or unauthorized use of his account, he must notify vogella
immediately. vogella will not be liable for any losses caused by
any unauthorized use of the users account.
Termination or suspension of account
The User can view and modify his User profile data in the
“account settings” page. vogella is allowed to use the User’s
email address to send Service-related notices, including any
notices required by law. vogella may also use the User’s email
address to send other messages, such as changes to features of
the Service and special offers. The User can opt in to receive
such email messages in his “account settings” page.
vogella may permanently or temporarily terminate or suspend the
User’s access to the Service without prior notice and liability,
if in vogella’s sole determination the User violates any
provision of this Agreement. #
- Rights to the Service
Licenses of documents and materials
The Service provided by vogella may be used as part of your
The content of the Service from vogella are copyrighted. They
are available for the User exclusively. vogella reserves all
rights to the content of the Service. The User is not authorized
to use the content of the Service from vogella to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create
derivative works. In addition, the German and European copyright
Visibility of User Content to other Users
Not allowed User Content
In the vogella Learning Portal, Users are allowed to report
issues, propose enhancements, add comments, ask questions, etc.
This is referred as User Content. By sharing Content through the
Service, the User agrees to allow others to view his Content in
accordance with his settings and this Agreement. The User has
the option to set User Content private. In this case the User
Content will not be made available to other Users.
Deletion of User Content
The user is not allowed to post User Content which is illegal,
threatening, invasive of privacy, obscene, infringing of
intellectual property rights (including publicity rights),
defamatory or otherwise injurious to third parties or
objectionable, and does not consist of or contain software
viruses, commercial solicitation, political campaigning, chain
letters, mass mailings or unsolicited commercial electronic
messages or any form of spam.
Responsibility and liability of User Content
vogella has the right (but not the obligation) to delete any
User Content that is shared via the Service.
Data stored at vogella
vogella takes no responsibility and assumes no liability for any
User Content that a User posts over the Service. The User is
solely responsible for his User Content and the consequences of
posting or publishing it.
All data on vogella’s servers are subject to deletion, alteration
or transfer at any time for any reason in vogella’s sole
discretion, with or without notice with no liability of any kind.
- Subscription fees
The compensation of the Service is at fixed price. The fees in
the current offer from the provider will apply, plus VAT if
applicable. By selecting to use the Service the User agrees to
the pricing and payment terms.
vogella’s subscriptions do not renew automatically and end one
year after the initial purchase date. 14 days before the User’s
subscription ends he will receive an Email from vogella to
remind him about the end of his subscription. The User can then
renew his subscription according to the prices listed at
The User can cancel his vogella account at any time; however,
there are no refunds for cancellation. Should vogella suspend or
terminate the Users account or this Agreement, the User will
receive no refund for any unused time on a subscription,
subscription fees, any content or data associated with his
account, or for anything else.
For billing purposes all personal information that the User
provides in connection with a purchase of the Service must be
accurate, complete, and current.
vogella will take care of the security of the User’s personal
information. However, vogella cannot guarantee that unauthorized
third parties will never be able to defeat vogella’s security
measures or use the User’s personal information for improper
purposes. The User acknowledges that he provides his personal
information at his own risk.
Disclaimer / Limitation of Liability
The Service may contain links to third-party websites that do not
belong to vogella. vogella does not take any responsibility for
any such third-party site. Should you access a third party website
from the Service, you do so at your own risk.
- Damages restriction
Agreement typical damages
Damages or compensation claims of the User - for whatever legal
grounds - are excluded, unless the damage is an intentional or
negligent breach of duty or breach of a material contractual
obligation by vogella, their legal representatives or vicarious
agents. Material contractual obligations are those who allow the
execution of the proper performance of the agreement.
The compensation claims of the User are limited to the typically
foreseeable damages, as long as vogella, its legal
representatives or assistants acts in negligence.
The exclusion or limitation of liability in accordance with
Clause. "Damages restriction" and "Agreement typical damages"
shall not apply to product liability claims. They also do not
apply for damages resulting from injury to life, limb or health
of the customer, based on a negligent breach of duty of the
provider or an intentional or negligent breach of duty by a
legal representative or agent of the provider. Also, do not
apply unless the provider fraudulently concealed the defect or
has assumed a guarantee for the quality of the item.
Damages through unauthorized access
For the provider the defense of contributory negligence remains
open. The User has in particular the obligation for virus
protection according to the current state of technology.
vogella will not be responsible for any damage, loss or injury
resulting from hacking or other unauthorized access or use of
the service or your account or the information contained
EU Online Dispute Resolution (ODR)
The service is provided to the Users a on an “as is” and “as
available” basis without warranties of any kind. vogella does not
warrant that: the content of the service is correct, accurate or
up to date, the service will meet the User’S requirements or the
service will be available at any time.
Mandatory information according to Regulation (EU) No 524/2013
of the European Parliament and Council:
For unresolved disputes related to a contract with consumers we
like to refer to the EU Online Dispute Resolution platform which
may be found at
Mandatory information according to § 36 VBSG:
The company does not commit itself to participate in dispute
resolution proceedings before a consumer conciliation body.
Governing Law and place of jurisdiction
Writting and text form
These terms and conditions are subject to German law. As far as
this refers to other jurisdictions, this reference is excluded.
The Convention on the International Sale of Goods (CISG) is
excluded. As far as the contracting parties are merchants, legal
persons under public law or public special assets, exclusive
jurisdiction is for both sides, the place of the headquarters of
the provider. The same applies when a Party has no general
jurisdiction in Germany. The provider is in these cases,
however, at its discretion, free to even sue the contractor at
Changes and additions to this contract, as well as other legally
relevant declarations of the parties shall only be made in
writing or in text form (for example, e-mail or fax). This also
applies to the repeal of this clause; on the form requirement
can only be waived by an agreement in writing or text form.
Changes to the Terms of Service
If any provision or provisions of this Agreement shall be held
to be illegal, invalid or unenforceable, the validity, legality
and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
vogella reserves the right to modify or update this Terms of
Service at any time without notice. The current version of the
Terms of Service can be viewed by clicking on the hyperlink
"Terms of Service" at the bottom of the Learning Portal website.
These Terms of Service apply in principle to all transactions
that are made after they came into effect. In the case that
vogella performs changes to the Terms of Service, vogella will
notify the User about this changes. Should the changes include
regulations that affect an ongoing contractual relationship with
the User, the following shall apply: vogella will notify the
User in advance of the changes of the Terms of Service and grant
the User the option to terminate the contract at least 30 days
before the changes take effect. vogella will also inform the
User, that the changes will apply, if the User does not
terminate the Agreement.