1.1 CareerFoundry GmbH, Köpenicker Str. 126, 10179 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 155933 B (“CareerFoundry”) provides online courses on its website careerfoundry.com (“Website”).
1.2 These terms (“Terms”) apply to all services provided by CareerFoundry on its or through its Website (“Services”) to the person using the Services and who has accepted the Terms (“User”) unless otherwise noted in the Terms. The User may access the current version of the Terms at any time on the Website and may print, download and/or save it.
1.3 These Terms shall apply exclusively. Differing or contrary terms of the User do not apply, except if expressly agreed upon in writing by CareerFoundry.
2.1 (General) CareerFoundry has established several online learning programs, which have been designed to impart skills and knowledge to its Users to accelerate a future or ongoing career in the technology industry (each a “Program”, together the “Programs”). Each Program is scheduled for a fixed period of time. Once the User has enrolled in a Program, the course material will be accessible through the Website. If the User participates in a mentor-supported Program, he may schedule an online video call with a CareerFoundry mentor (“Mentor”) to discuss and clarify any open questions related to the Program at dedicated intervals depending on his chosen Program. Selected assignments will be corrected by the Mentor or a member of staff. The User can find a detailed service description of each Program on the Website.
2.2 (Booking of Programs) After the registration on the Website or logging into his account, the User may set up a meeting with a Career advisor free of charge. If the User has decided to participate in a Program the booking can be made on the Website. The representation of the respective Programs on the Website represents a binding contract offer by CareerFoundry to its Users (“Offer”).
2.3 The User accepts the Offer by clicking the corresponding order button provided on the website (“Acceptance”). CareerFoundry notifies the User immediately that it has received his booking. Upon receiving the booking, CareerFoundry enables the User to have access to the booked Program through the User's account.
2.4 Deviating from the provisions under Section 2.3 the following shall apply for the conclusion of contracts with Users, who have their place of residence in Germany: In order to conclude the contract, the User shall complete the contract form on the Website and print, sign and send the completed form via post to CareerFoundry GmbH, Köpenicker Str. 126, 10179 Berlin (“Written Acceptance”). CareerFoundry will send an acknowledgement of receipt to the User's email address. In the event of inconsistencies the provisions of the contract form shall take precedence over the provisions of these terms.
2.5 CareerFoundry's receipt of the Acceptance or the acknowledgement of receipt of the Written Acceptance, as the case may be, shall mark the point at which the contract between CareerFoundry and the User becomes binding.
2.6 Bookings placed by minors, persons of legal incapacity or special disability require the consent of the respective legal guardian.
The certificates issued by CareerFoundry after the completion of a course are internal certificates and do not have the aim to prepare the User for government or public examinations. CareerFoundry’s certificates expressly do not represent or substitute any form of state or state recognized certificate.
4.1 In order to use the Services, the User must register for an account on the Website (“Account”). The registration is free of charge. User must provide accurate and complete information and keep the Account information updated.
4.2 The User is solely responsible for the activity that occurs on his Account. The User shall keep his login data (Username and password) confidential and prevent any unauthorized use by third parties. He or she shall immediately inform CareerFoundry if there are indications that any third party is misusing his account.
4.3 The User may not use names or other personal data for his Account that could infringe the rights of any third party. CareerFoundry may restrict, block, or delete an Account if the User has given false information during the registration or if the User violates applicable laws, regulation or these Terms. When choosing one of the aforementioned measures, CareerFoundry will consider the impact of the false information, the legitimate interests of the User and the degree of responsibility.
4.4 The User may delete his Account at any time without providing a reason or notice, by sending an e-mail to firstname.lastname@example.org. CareerFoundry advises the User that if he deletes his Account, any unlocked course material will no longer be available to him through the Website.
If the User participates in a mentor-supported program and books a mentor call, the User shall book such call more than 48 hours in advance. If the User is no longer able to take such call, the User is required to cancel the booking no less than 48 hours prior to the booked call. If the booking is cancelled less than 48 hours in advance, the call shall be deemed as having taken place and will be deducted from the User’s allowance of calls.
6.1 The course fees arise from the respective current price list at the time of conclusion of the contract, which is accessible on the Website at all times. The obligation to pay the course fee shall apply irrespective of whether the User uses the provided Services or not (without limiting the User's warranty rights). The User may choose a one-time payment or payment in installments.
6.2 CareerFoundry offers the possibility for cashless payment by way of the payment methods as indicated on the Website. CareerFoundry reserves the right to offer certain payment options to some Users and not to other Users.
6.3 If the User chooses an installment payment, the course fee is due for payment on a monthly basis at the beginning of the period. If the User chooses to pay by credit card or via PayPal, his credit card/PayPal account will be charged with the first monthly fee or the total course fee, as booked, as soon as the booking process is completed. In case of an installment payment, all subsequent payments shall be payable every month remaining of the course on the same date of the month as the first payment. If the User chooses to pay via bank transfer, the first monthly payment, or the total course fee, as booked, shall be due immediately after receipt of the invoice.
6.4 Each Program allows access to mentoring for a fixed period of time. However, the User can extend the Program indefinitely by opting to continue to pay a monthly course fee towards the end of the chosen Program. The User can opt to continue paying the monthly course fees by sending an email to the designated student advisor. The User’s right to terminate the contract according to section 7 shall remain unaffected.
7.1 The contract is entered into for the period booked by the User.
7.2 All Programs can be extended indefinitely by opting to continue to pay the monthly course fee for the chosen Program, see Section 6.4.
7.3 Beyond statutory requirements (see Section 8. of these Terms), CareerFoundry provides the User with a full refund if he/she drops out within the first 14 days from the day of the conclusion of the contract (the “Refund Period”), i.e. CareerFoundry will not charge the User for services which have already been provided to him/her.
7.4 The User may terminate the contract without reason at any time after the Program begins. In such cases, if the User chose a one-time payment, the User shall be reimbursed a prorated amount based on the progress the User has made in the course or if the User chose to pay in installments, any pending installments at the day of termination shall be canceled. This does not affect the right of the parties to issue a termination for good cause and it is Irrespective of the right of withdrawal (see Section 8 of these Terms).
7.5 The termination of this contract according to section 7.3 or 7.4 shall require a written notification (email sufficient) and shall become effective on the date of the receipt of such notification by the respective other party.
You have the right to withdraw from this contract within 14 days without giving a reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (CareerFoundry GmbH, Köpenicker Str. 126, 10179 Berlin, +49 152 5178 5899, e-mail: email@example.com) 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.
If 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.
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.
(complete and return this form only if you wish to withdraw from the contract)
Köpenicker Str. 126
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
Your right to withdraw expires, if CareerFoundry begins with the performance of the contract, after you have expressly agreed, that CareerFoundry begins with the performance of the contract before the withdrawal period had expired, and you have confirmed your knowledge about losing your right to withdraw from the contract by given such approval.
The User must observe all technical guidelines by CareerFoundry concerning the use of the Services to ensure an undisturbed operation of the Website and the Programs. Technical guidelines include access to a computer or similar device from which the website and course materials can be viewed, a stable internet connection and access to a video conferencing service such as Skype or Google Hangouts, to carry out the weekly mentor meetings.
10.1 The User may choose, upload and/or contribute content to the Service (“User Content”). The User represents and warrants that he has the right to upload the User Content to the Service and that the User Content does not and will not (i) violate any third party´s rights (including but not limited to patent rights, copyrights, trademarks, trade secrets or other intellectual property rights, (ii) contain material that is defamatory, slanderous, libelous, or obscene, portrays any person in a false light, constitutes an invasion of any right to privacy or an infringement of any right to publicity, or otherwise violates any rights of any third party or (iii) violates any applicable laws, regulations or these Terms.
10.2 CareerFoundry reserves the right to remove or disable access to any User Content at CareerFoundry’s sole discretion, in case that it comes to CareerFoundry’s attention that User Content violates third party rights, any applicable laws, regulations or these Terms. CareerFoundry may take these actions without prior notification to the User.
10.3 CareerFoundry is entitled but not obligated to save, publish and delete the User Content.
CareerFoundry grants each User a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by CareerFoundry on the Website (“Content”) solely for purpose of using the Services and Programs. The use, reproduction, modification, distribution, or storage of Content for any other purpose is expressly prohibited without the prior written permission of CareerFoundry.
The User agrees at his own expense, to indemnify, defend and hold inculpable CareerFoundry and its related parties from all liabilities, claims, expenses and losses of any kind (including reasonable attorneys fees and costs) arising from or related to the User’s use or misuse of, or access to the Services, content, or otherwise from User Content, violation of these Terms, or infringement by the User, or any third party using his Account or identity in the Services, of any intellectual property or other right of any person or entity. CareerFoundry reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User will assist and cooperate with CareerFoundry in asserting any available defenses.
The User acknowledges that the Services may enable or assist the access of, interact with, and/or purchase services from supported platforms and other third parties via third-party websites or resources on the Internet (collectively, the “Third-Party Services”). When the User accesses the Third-Party Services, he will do so at his own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and any contract entered into, or any transaction completed via any Third-Party Services, is between the User and the relevant third party, and not CareerFoundry. CareerFoundry makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by the User with any such third party.
CareerFoundry cannot warrant that the Programs and the Website are always accessible. However it will eliminate any technical malfunction in reasonable time.
15.1 CareerFoundry guarantees its User that he/she will get a job in the field within 6 months after the completion of the Program (the “Job Search Period”) otherwise CareerFoundry offers its Users to reclaim 100% of the respective course fee from CareerFoundry provided the following requirements are fulfilled (the “Satisfaction Guarantee”). Section 15 does not apply to courses that are less than three months long.
15.2 The User’s repayment claim under this section 15 is subject to the following conditions:
15.3 User must explicitly request this repayment at least in textform (e-mail to firstname.lastname@example.org sufficient) from CareerFoundry within 1 month after the lapse of the Job Search Period. Failure to provide timely notice will void the Satisfaction Guarantee and any repayment claim under this Section 15.
15.4 The reimbursement amounts to the respective course fee minus any rebates and payments made by CareerFoundry to the User in the course of the respective Program.
15.5 The Satisfaction Guarantee can be applied just one time to any student in his or her lifetime.
17.1 CareerFoundry reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): CareerFoundry will notify the User on the respective amendments at least two weeks before the change comes into force via e-mail or in writing. The change is considered accepted by the User if he does not state otherwise within six weeks after receipt of the change notification. CareerFoundry will make particular note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case the User objects, CareerFoundry is entitled to not accept future bookings of Programs by the User.
17.2 CareerFoundry is particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the User does not have a worse economic position due to the new or changed conditions than according to the original condition.
18.1 These Terms shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. For contracts with an objective which cannot be mainly assigned to the User's professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
18.2 If the User is a merchant, a body corporate organized under public law or a special fund under public law, place of performance and place of exclusive jurisdiction shall be Berlin, Germany.
Within the reach of the German Distance Learning Protection Act (FernUSG), disputes arising from a course contract or regarding the existence of such a contract, the court shall have exclusive jurisdiction in which the User has his general place of jurisdiction. A different agreement shall be permitted if it is concluded explicitly and in writing after the dispute has arisen.
If the User moves his domicile or his permanent place of residence out of the reach of the German Distance Learning Protection Act (FernUSG) after entering into the contract or if his domicile or his habitual residence is not known at the time of filing an action, the place of jurisdiction is Berlin, Germany.
18.3 Should parts or individual phrases of these Terms be invalid, the remaining parts shall remain unaffected in their content and validity. The invalid provision shall be replaced by the respective legal regulation, where existent. If the regulation under this 18.3 would present unreasonable hardness for one party the contract in whole shall be invalid.
18.4 The contract language is English.
Version: February 22, 2017