TERMS & CONDITIONS
Digital Edutainment GmbH with its program Catch Up With The Best (“Catch Up With The Best”, “Company,” “we,” “us,” “our”) provides its services (described below) to you through its website located at catchupwiththebest.com (the “Site”). These services are subject to the following Terms and Conditions (“terms”).
We reserve the right, at our sole discretion, to change or modify portions of these terms at any time. E.g. when new features are added. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services’ user interface, in an email notification or through other reasonable means. Modifications will become effective on the day they are posted unless stated otherwise.
The Service is designed to provide top-level online learning experiences for professional business users.
The Catch Up With The Best service, and any content viewed through our service, are solely for your personal and non-commercial use. With your Catch Up With The Best purchase we grant you a limited, non-exclusive, non-transferable, license to access the Catch Up With The Best content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Your Registration Obligations
Member Account, Password and Security
You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Catch Up With The Best of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Catch Up With The Best will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
Catch Up With The Best reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Catch Up With The Best will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
General Practices Regarding Use and Storage
You acknowledge that Catch Up With The Best may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Catch Up With The Best’ servers on your behalf. You agree that Catch Up With The Best has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Catch Up With The Best reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Catch Up With The Best reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Money Back Guarantee
Should you become dissatisfied with your class within the first 30 days after purchase, Catch Up With The Best will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Catch Up With The Best’ sole discretion. If Catch Up With The Best determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee email email@example.com.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Catch Up With The Best information regarding your credit card or other payment instrument. You represent and warrant to Catch Up With The Best that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Catch Up With The Best the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Catch Up With The Best to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Catch Up With The Best know within sixty (60) days after the date that Catch Up With The Best charges you. We reserve the right to change Catch Up With The Best’ prices. You shall be responsible for all taxes associated with the Services other than German taxes based on Catch Up With The Best’ net income.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. This also applies to parts of the Service that are accessible free of charge, e.g. selected episodes.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Catch Up With The Best, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
Indemnity and Release
You agree to release, indemnify and hold Catch Up With The Best and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Catch Up With The Best expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Catch Up With The Best makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Limitation of Liability
You expressly understand and agree that Catch Up With The Best will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Catch Up With The Best has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you. if you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
You agree that Catch Up With The Best, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Catch Up With The Best believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Catch Up With The Best may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Catch Up With The Best may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Catch Up With The Best will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Catch Up With The Best will have no liability or responsibility with respect thereto. Catch Up With The Best reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Catch Up With The Best and govern your use of the Service, superseding any prior agreements between you and Catch Up With The Best with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Germany. With respect to any disputes or claims you and Catch Up With The Best agree to submit to the personal and exclusive jurisdiction of Munich, Germany. The failure of Catch Up With The Best to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Catch Up With The Best, but Catch Up With The Best may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Last Update: 15.09.2017