Terms and Conditions / User agreement
§ 1 Company information
The websites under www.Iolma.com and the services on these pages are being offered to you by:
iolma UG (haftungsbeschränkt)
Goebenstr. 5, 40477 Düsseldorf
Represented through Mr. Mircea-Stefan Gogoncea and Mr. Joaquín de Jesús Clerch Diaz.
Registered in Germany through Companies Registration Office Düsseldorf (Registergericht: Amtsgericht Düsseldorf), register number HRB 68660.
§ 2 Subject matter of this Agreement
(a) By accessing, downloading, installing or using any of the Iolma Products as described below, you confirm that you have read, understood, and agree to be bound by this Agreement.
(b) This Agreement is governed by German law.
(c) The Iolma Products as described below are intended for use only by persons 13 years of age or older.
(d) You are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, by accessing, downloading, installing or using any of the Iolma Products, by teaching or attending classes as part of the Iolma System and by acting (including but not limited to activities such as account creation, content creation, payments) as a representative or on behalf of another individual or group of individuals in view of accessing, downloading, installing or using any of the Iolma Products, including any component of the Iolma System. Parents, legal representatives, guardians and tutors, in the purpose of this Agreement, are acting as representatives of their children when facilitating the children’s access to the Iolma Products. As such, the parents, legal representatives, guardians and tutors warrant that they will stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
(e) If you do not agree with any of these terms, you are prohibited from accessing, downloading, installing or using any of the Iolma Products.
§ 3 The Iolma Products and Content
(a) Iolma UG (haftungsbeschränkt), herein referred to as "the company", "we", "us", "our", is the entity owning, maintaining, operating, and providing, as applicable, all of the Iolma Products.
(b) The Iolma Products are all the Iolma websites (.com and all the local websites), the entirety of website Content (where applicable), the services (including but not limited to Lessons, educational services, technical services, consulting services and community), the Software available for download from the Iolma websites and all the components of the Iolma System.
(c) The Iolma System (or Iolma communicator) is the ensemble of hardware, software and mechanisms used to create a link between two or more individuals in view of educational activities (including but not limited to participating in a Lesson as Student or Teacher).
(d) The Content refers to the ensemble of texts, images, audio and video tracks, scores and ideas presented in the Iolma Products. The Content can be either created by Iolma staff, or can be content created, submitted, uploaded or presented by the users (including registered users, Teachers and Students). The Content created, submitted, uploaded or presented by the users constitutes the Submitted Content.
(e) The Iolma Products facilitate the remote connection via internet between the websites' members (the Students) and independent instructors (the Teachers) in view of the Teachers delivering training, tutoring or teaching services as part of the Lessons. A Lesson constitutes the ensemble of information (including, but not limited to sound and image) exchanged as part of a training/tutoring/ teaching session.
(f) The users are solely responsible for the Content they submit. Submitted Content does not engage in any way Iolma's responsibility (including but not limited to issues regarding copyright or the truthfulness of said Content). In the eventuality where any part of the Submitted Content is offensive, inappropriate or in any other way damaging to you or if any part of the Submitted Content infringes your copyright, you are to notify Iolma, and, if your claim is justified, Iolma agrees to take the necessary steps in order to remove the offending part of Submitted Content. Iolma is not responsible in any way for any damages or inconveniences caused in any manner, directly or indirectly, by the presence of any part of Submitted Content in the Iolma Products.
(g) All the Iolma Products are provided "as is" and you access the Iolma Products at your own risk. Iolma is not bound by any guarantee in regards to the Iolma Products or the use of the Iolma Products. You agree that in any and all eventuality of any direct, indirect, special, incidental, punitive or consequential damages of any type or any and all other commercial damages or losses caused by you through the access or usage of the Iolma Products in any good-willing manner, Iolma's responsibility is limited to the fees paid by you to access the Iolma Products. Iolma hereby explicitly disclaims any guarantees referring to, but not limited to, results, suitability for a purpose or general suitability, merchantability, non-infringement, accuracy, freedom of error or availability.
§ 4 Modifications
(a) Iolma reserves the right to modify the Terms and Conditions at their sole discretion, by posting the modifications onto the website. Unless otherwise specified, changes become effective at the date of publishing. Continuing to use the Iolma Products after the changes have been published signifies that you have read, understood and agreed to be bound by the modified Terms and Conditions.
(b) Iolma reserves the right to modify the Iolma Products at its sole discretion.
§ 5 Access to Iolma Products
(a) In order to be able to access some of the Iolma Products you will have to pay a fee.
(b) Some Iolma Products are accessible only if you are connected to the internet. The internet connection costs and other costs necessary for you to gain access to the internet in order to use the Iolma Products are your sole responsibility (the fees Iolma charges for access to the Iolma Products do not include any such connectivity costs).
(c) For access to some of the Iolma Products, you might be requested to create an account (“to register”). The account represents only you, and cannot be transferred in any way towards another individual or third party. You agree to provide only truthful information during the registration process and it is your sole responsibility to maintain said information updated. You are not to provide any false or misleading information. It is your responsibility to keep the login information confidential, and, in the eventuality were the confidentiality of that information has been compromised, we strongly recommend that you take immediate action to prevent others from accessing your Iolma account, including changing the password associated to your account. In the eventuality that your account has been accessed without your knowledge, or has been accessed by other individuals, we strongly recommend that you change your password immediately and, if you deem it necessary, notify Iolma on the matter (using the contact form).
§ 6 Purchases, payments and refunds
(a) For access to some of the Iolma Products (including but not limited to the receiving of live Lessons, the viewing of recorded Lessons and the purchasing of Lesson packages), you will have to pay a fee, as indicated when requesting access to said Iolma Products. This fee can only be paid with funds from your Iolma Wallet.
(b) You can add funds to your Iolma Wallet using PayPal. In the case any dispute arises regarding your payments, your access to the Iolma Products might be suspended until the dispute is settled. When adding funds to your Iolma Wallet, you agree to be take all steps necessary in order for the successful finalization of the payment to take place and you warrant that you are authorized to use the payment information you are submitting, and implicitly authorize the charging of the respective fees on their due dates.
(c) As part of the Iolma offer, whenever you purchase Lesson packages or add funds to your Iolma Wallet, the transfer fees payable to PayPal for each transaction (amounting to about 3% of the transacted sum, depending on your location) are supported by Iolma.
(d) Teachers requesting to cash in funds from their Iolma Wallet will have to provide a valid PayPal account for the funds to be transferred to. Teachers are responsible for the fees arising from any such transfer, which amount to about 3% of the entire sum to be transferred (subject to PayPal conditions for each particular transfer).
(e) You can, without any obligation, request that Iolma refund you the value of the funds from your Iolma Wallet, including the equivalent of the remaining value for any Lesson packages you have purchased and not used. In such case, you must provide a valid PayPal account for the funds to be transferred to. Please consider that it will take Iolma up to 48 hours to process any such request. By requesting a refund, you waive all elements of the Iolma offer, including the Paypal transaction fee that Iolma supported upon your initial purchase of Iolma Products, Lesson packages or by adding funds to your Iolma Wallet. Therefore, by requesting a refund, you agree to return Iolma all the PayPal fees incurred by your initial purchase of Products, Lesson packages or adding of funds to your Iolma Wallet. Said fees, initially incurred by Iolma as part of the Iolma offer, are approximated to 3% of the accumulated value of transactions and will be returned to Iolma by deducting said percentage from the sum to be refunded. Also, when requesting a refund, you agree that you are solely responsible for all the fees arising from transferring the sum to be refunded into your PayPal account, and that, consequently, you will support the PayPal transaction fees related to said refund. Requesting a refund will void any and all the special offers (e.g. discounts for viewing recorded Lessons, etc.) associated with the Lesson packages subject of your refund request. Requesting a refund for funds from your Iolma Wallet will void any and all the special offers received when you added funds to your Iolma Wallet (including but not limited to discounts for viewing recorded Lessons, etc.).
(f) The equivalent of the refundable value for Lesson packages from which some of the Lessons have been used is calculated by deducting the value of the already used Lessons and the value of the other services already used (e.g. recorded Lessons viewed) from the original price of the Lesson package.
§ 7 Parties' responsibility, limitations and conduct
(a) If you engage in potentially damaging activities in your relation with the Iolma Products, your access to the Iolma Products may be suspended and, depending on the nature and severity of your actions, you may be held liable for your actions, not only by Iolma, but also by other parties damaged by your actions.
(b) Iolma will never ask you for any payment details or bank account information. Iolma will never have access to any of your payment details. All payments necessary in order to add funds to your Iolma Wallet or to purchase any Products or Lesson packages are handled by specialized partners such as PayPal, and only after processing a request for adding funds to your Iolma Wallet or for the purchasing of Products or Lesson packages will such partners ask you for any payment details. Iolma operates its payments through such specialized partners in order to keep transactions safe. The partners through which payments are operated are reputable and well-established companies specialized in online payments, and therefore capable of providing a safe environment for such transactions.
(c) In your interaction with the Iolma Products you are to never provide knowingly false information, nor are you to impersonate other persons or damage the image of other persons.
(d) You agree that all your activity in relation to the Iolma Products complies with all laws and regulations applicable. You agree to respect all laws and regulations regarding, but not limited to, copyright, privacy, property use, and personal identity. You agree that in your interaction with the Iolma Products, you will not make use of or introduce any malicious computer code, file or Software (such as virus, worm, trojan), nor will you deface, hijack, copy, redistribute, reverse engineer, hack or interfere in similar ways with any of the Iolma Products. You agree that you will only interact with the Iolma Products in the intended way, and will not use spiders, crawlers, robots or other similar automated access methods. You commit to not use the Iolma Products to facilitate the development of other businesses (including market analysis) or to recruit staff, Teachers or Students for other businesses.
(e) The information exchanged during the Lessons represents solely the opinions and knowledge of the Teacher and their Student, and do not engage Iolma's responsibility. Iolma does not guarantee the accuracy and dependability of the information exchanged between the parties during the Lesson. Iolma does not control the external resources or the third-party websites the Teacher or the Student may refer to during Lessons. Iolma is not liable for any information present in any of the third-party websites or external sources, even if such sources or websites are quoted or used during the Lessons. Iolma does not monitor all of the live Lessons, and hence it is solely the parties' responsibility that the Lesson stays between commonly-accepted boundaries of decency. In case that any information exchanged during the Lesson is considered inappropriate, offending or illegal by any of the parties, said party can end the respective Lesson at any point at their discretion by disconnecting from the Iolma System, and can request Iolma's mediation in settling the matter.
(f) If you are a user that uses Iolma Products, you agree to the following:
- i. Iolma is not responsible for the information presented in the Lessons. If you identify any Content that is potentially offensive or illegal, you are to notify Iolma and we will analyze the matter together with the parties involved in the creation of said Content.
- ii. You are solely responsible for the consequences of your actions and you accept to be held responsible for any damages towards Iolma or towards third parties incurred by your actions. You are to maintain civilized conduct and use the Iolma Products solely for their intended purpose. You will not use the Iolma Products to attack, denigrate or otherwise harm other users' interests. In the eventuality that a user or any other third party seeks compensation for damages your actions have inflicted, Iolma will not get involved in any manner, and you are to carry the responsibility for your actions, up to, but not limited to being held responsible by the affected party in view of reparatory measures.
- iii. You hold the entire responsibility for the Content you submit in your interaction with the Iolma Products. In the eventuality that the Content submitted by you damages the interest or the image of another party in any way, you agree to take all the necessary steps and to assume full responsibility in order to make Iolma whole in relation the damaged party.
- iv. You agree that accessing some of the Content might be conditioned by your payment of a fee, as specified where applicable.
- v. If you are under 18, you have obtained the consent / Agreement of your parent / tutor / legal guardian to use the Iolma Products.
- vi. If you are representing another party or create an account on behalf of another party, you have obtained said party's consent / Agreement to use the Iolma Products on their behalf.
- vii. You will not transmit or present unsolicited materials (including, but not limited to advertising), nor will you get involved in any form of soliciting while using the Iolma Products.
- viii. You assume complete responsibility for the disclosure of any personal information to third parties, other users or Teachers / trainers / tutors while using the Iolma Products. Iolma cannot control the ways in which such information might be used and we strongly advise against disclosing personal information to other users or third parties. Reciprocally, you are not to solicit any personal information from the other users of the Iolma Products.
- ix. You are solely responsible for any and all copyright issues arising from the Content you post, transmit or use during your usage of the Iolma Products. In the eventuality where a third party notifies the infringement of their copyright by you, Iolma will not be involved in any manner, and you agree to be held responsible by the third party in view of reparatory measures.
- x. You acknowledge that inadequate behavior while using the Iolma Products might lead to actions meant to restrict your potentially damaging actions, up to but not limited to completely restricting your access to the Iolma Products.
- xi. If you are in the possession of any equipment, hardware or Software provided by Iolma, you commit to keep the hardware in good condition and to prevent any unauthorized access to the hardware or to the Software. It is prohibited for you or anyone else to disassemble the hardware or any part of it to any end. It is prohibited that you or anyone else makes captures or copies by any means of any part of the Software present on the respective hardware. You are solely responsible for respecting these provisions. In the eventuality of violation of these provisions, you agree to assume full responsibility and be liable to pay reparations to Iolma for any damages such violation caused or will cause to Iolma or to Iolma's business or commercial interests directly or indirectly.
- xii. You hereby grant Iolma a non-exclusive license and right to use, copy, distribute, sell, perform, market, license or sub-license and use all Content you submit, upload, write or otherwise create on all and any of the Iolma Products in any way (including to commercial ends). If you remove any of the Submitted Content, the hereby granted license will terminate only in relation to new users registering 90 days after the date of removal, but all the rights you granted through this license to existing users or trainers / Teachers / tutors will remain valid.
- xiii. Iolma hereby grants you a limited, non-exclusive, non-transferable license to access and use the Iolma Products and the respective Content only for personal, non-commercial, educational purposes. The license is subject to the payment of the applicable fees and adherence to the present Terms and Conditions. You are explicitly not allowed to capture, copy, distribute, sell, perform, market, reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license or make any other use of any part of the Iolma Products and the respective Content. All payments you make towards Iolma are for a license to access to the Iolma Products, and your payment in order to access the Iolma Products signifies that the right to access said Iolma Products is licensed, and not sold to you.
(g) If you are a user receiving education or tuition using the Iolma Products, in addition to all the above, you agree to the following:
- i. Teachers / trainers / tutors have the right to choose the Students, and therefore your request for a Lesson is subject to Teacher's approval.
- ii. You indeed possess the qualifications stated before the Lesson. If, during your Lesson, the Teacher / trainer / tutor establishes beyond reasonable doubt that your qualifications do not meet the qualifications necessary for the Lesson requested, then the Teacher / trainer / tutor has the right to adjust the Lesson so that it matches your qualifications. In the eventuality that the Lesson cannot be carried out in a coherent manner due to your misstating of your qualifications, then the Teacher / trainer / tutor is entitled to end the Lesson.
- iii. If a Lesson cannot take place for reasons imputable to you, then you are not entitled to refund. Such reasons can include, but are not limited to the following: not being connected to Iolma communicator at the time the Lesson should begin, quoting qualifications that do not match your real qualifications, having internet connection problems, having frequent connection interruptions (more than one interruption every ten minutes), your internet connection being too slow to receive or send the audio-video stream in good conditions, your behavior during the Lesson being inappropriate, offensive or otherwise potentially damaging or insulting to other parties.
- iv. If a Lesson cannot take place due to reasons imputable to the Teacher/trainer/tutor, then you are entitled to a full refund, which will result in the funds initially deducted from your Iolma Wallet for the respective Lesson booking being added back to your Iolma Wallet.
- v. You will not use the Iolma Products to any other end than to receive Lessons, training or tutoring
- vi. When using a Lesson package, you acknowledge that the Teacher can, at their own discretion, terminate said Lesson package, by declining to deliver any more Lessons to you as part of the respective package, in which case you will be reimbursed the equivalent of the remaining value of said Lesson package, calculated through the method described in Paragraph § 6 Section (f).
- vii. You agree that Iolma is able to record parts of the Lessons you take part in (including entire Lessons). When the "allow record" checkbox is selected during the lesson booking process, you grant Iolma an exclusive and permanent license to use the resulting audio-video material, in raw or edited form, in any purpose including marketing, promotion, demonstrations, as well as for commercial ends (including, but not limited to broadcast, pay-per-view distribution, redistribution). You hereby grant Iolma the permission and release to use your name, image and voice for any purpose including marketing, promotion, demonstrations, as well as for commercial ends (including, but not limited to broadcast, pay-per-view and redistribution). You agree that you will not request any fees from Iolma for usage of your name and likeness even in the eventuality that Iolma derive profit from the usage of the above-mentioned audio-video material in the future. You waive any and all rights of privacy, publicity, or any other rights of a similar nature related to the audio-video material resulted from the Lessons you participated in, as well as those related the usage of your name, likeness, image and voice in relation with Iolma. You agree that the termination of your registration or the removal of your Submitted Content does not affect the current license and release, and that even after the termination of your relation with the Iolma Products, Iolma will still be entitled to use the audio-video materials resulted from the Lessons you participated in as well as your name and likeness. At the same time, Iolma commits to never use the audio-video material, your name or image to any defamatory, inappropriate or otherwise purposefully damaging ends.
(h) If you are a Teacher, tutor or trainer delivering Lessons, education or tuition using the Iolma Products, in addition to all the above, you agree to the following:
- i. Your ability to deliver Lessons / training / tutoring is subject to evaluation by Iolma.
- ii. Iolma has the right to end its collaboration with you and to limit or even completely restrict your access to the Iolma Products at its sole discretion.
- iii. You confirm that you are over 18 years old and have the necessary abilities, knowledge, expertise and qualifications required to deliver Lessons, training or tutoring.
- iv. You will not use the Iolma Products to any other end than to deliver Lessons, training or tutoring.
- v. If a Lesson cannot take place due to reasons imputable to you, then you are not entitled to any payment for said Lesson.
- vi. You confirm that you are legally entitled to use any and all the materials (including images, video, audio, text and music) that you use during the Lesson.
- vii. You will not use, refer to or indicate any material that requires Iolma to acquire any licenses or Agreements from third parties.
- viii. You will maintain fluent communication with the users contacting you through the Iolma Products and will reply to said users in a timely manner.
§ 8 Copyright and licenses
(a) The materials contained in this web site are protected by applicable copyright and trade mark laws.
(b) This Agreement does not grant any implied licenses.
(c) Iolma commits to respect all laws referring to copyright, defamation, privacy and other laws referring to information, personal image and Content and will take all the necessary steps to prevent the infringement of any such laws. However, Iolma does not monitor or screen all the users' activity in relation to the Iolma Products (including the Submitted Content), and therefore bears no responsibility for your use of the Submitted Content or the Iolma Products. At the same time, Iolma will never be held responsible in the eventuality where any part of the Submitted Content or, in similar sense, of the Iolma Products, infringes on any law. In the eventuality where you identify elements in the Submitted Content or, in similar sense, in the Iolma Products, that you consider be infringing any laws or bringing purposeful damage to any party, it is your responsibility to take the necessary action to address the situation and to bring it to Iolma's attention.
§ 9 Other clauses and limitations
(a) Occasionally, the access to the Iolma Products could be interrupted by factors outside Iolma's control (including, but not limited to force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law, Software or server downtime, traffic spikes, regular maintenance). In any and all of these eventualities, Iolma commits to take all reasonable measures to restore your access to the Iolma Products. Iolma is not liable for any damage or loss of any kind caused directly or indirectly by such interruptions of the access to the Iolma Products.
(b) You agree to defend, indemnify and in all ways hold harmless Iolma and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from your access or use of the Iolma Products (including, but not limited to the Submitted Content you post, upload or create using the Iolma Products).
(c) Iolma retains sole property of all the worldwide rights regarding the trademarks, service marks, logos, business ideas, designs, code, graphics elements, ensembles and Content present in the Iolma Products. You may not use any part of the Iolma Products without Iolma's explicit Content. Nor are you allowed to hide, obscure or otherwise deform or obfuscate the logos or watermarks present in any part of the Content.
(d) Any and all rights not explicitly granted to you by this Agreement or by any laws in effect are the property of Iolma.
(e) You agree that any claim or action regarding the present Agreement must be filed within 3 months after such claim or cause arose or it will be nullified.
(f) The invalidity, illegality or unenforceability of any portion or provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void portion or provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.