General Terms and Conditions

Please read these General Terms and Conditions carefully. By using the content and service offerings of the online platforms www.multiE-Learning.de and www.multiE-Learning.com (hereinafter referred to as “multiE-Learning”), you acknowledge and accept these terms as binding parts of the contract.

multiE-Learning is a web-based content and service offering of Saertex multiCom GmbH, Saerbeck.

multiE-Learning reserves the right to amend these Terms of Use from time to time without prior notice. You are obliged to comply with any revisions to these Terms and should therefore review them occasionally to stay aware of any changes.

1. Scope

These General Terms and Conditions apply to all visitors who make use of multiE-Learning’s free offerings (hereinafter “USERS”) or its paid services (hereinafter “CUSTOMERS”), i.e., anyone accessing or using information, data, products, or services provided by multiE-Learning. By using multiE-Learning, you acknowledge these Terms as binding. In addition to these General Terms, any special service descriptions and the currently valid price list apply. Divergent terms and conditions of USERS or CUSTOMERS do not apply, even if multiE-Learning does not expressly object to them.

2. Description of Services

multiE-Learning operates an Internet platform offering information and services in the form of electronic texts, moving and still images (computer animations), and audio signals, and generally provides other services via software for computers and mobile devices. The platform is primarily aimed at professionals in the field of “underground infrastructure.” Use of these services presupposes the necessary technical expertise.

2.1 Rights in multiE-Learning

USERS and CUSTOMERS acknowledge that the web-based content and service offering at www.multiE-Learning.de and www.multiE-Learning.com constitutes a database under §§ 4 (2), 87a (1) of the German Copyright Act. All other elements of multiE-Learning—especially the usage and performance protection rights in the included content and documents—are owned by multiE-Learning and by the e-learning provider, designer, and author UNITRACC (a service of visaplan GmbH, hereinafter referred to as “visaplan”). Trademarks, company logos, other marks, copyright notices, serial numbers, or any other identifying features of UNITRACC, visaplan, multiCom, or multiE-Learning must not be removed or altered. This applies equally to printed extracts from the database and to all forms of reproduction, storage, transmission, or display, regardless of the technical medium.

2.2 Right to Amend

multiE-Learning and UNITRACC are entitled at any time, without prior notice or reason, to change, restrict, replace, or remove content and services. There is no claim to maintain any particular offering unless contractually agreed otherwise. If such a change results in a material limitation of the content available to a CUSTOMER under the usage agreement, the CUSTOMER’s fee will be reduced accordingly.

3. Usage Rights

Under the usage agreement and these provisions, USERS receive a non-exclusive, time-limited right to use multiE-Learning’s information and services. This right is not transferable to third parties. If third-party information or services are involved, rights can only be transferred to the extent that multiE-Learning is entitled to do so under its agreements with the third party. Third-party copyrights, licenses, and other protective rights remain expressly reserved. Retrieved documents may only be used by USERS/CUSTOMERS for their own personal purposes. Any commercial redistribution—particularly selling, renting, leasing, or lending the information and services as a whole or in part—is prohibited. Use of protected content by unregistered third parties is not permitted. In particular, it is prohibited to collect, reproduce, or copy database elements or related computer programs for unauthorized third-party use, or to store them on other media or retrieval systems.

The permanent storage of downloaded data is not permitted; this applies equally to any other form of reproduction, archiving, or reuse—regardless of technical means—especially screenshots, screen recordings, printouts, copies, scraping, automated data extraction, downloads, or other digital capture methods.

multiE-Learning is entitled to implement technical measures to prevent unauthorized use beyond the agreed scope—e.g., to install access locks. USERS/CUSTOMERS are obliged to provide multiE-Learning with any information and documentation required for verification.

4. Access

Most of multiE-Learning’s information and services are access-restricted and/or paid and can only be accessed after authorization by multiE-Learning. Access rights are confirmed by e-mail. Access to paid, protected areas is usually password-protected via data transmission using the user’s personal login credentials (username and password). A multi-factor authentication requiring an email-sent access code is also in place. If multiple users within an organization require access, each must register separately and will receive individual credentials. Each USER/CUSTOMER must keep their credentials confidential and prevent misuse. The organization must ensure its users comply with this obligation. If a USER/CUSTOMER becomes aware of misuse of their credentials, they must immediately inform multiE-Learning and either change the password themselves or request multiE-Learning to do so. If the password is forgotten, a new one can be created via the provided function after appropriate security checks; the user’s registered email must be valid. There is no entitlement to a specific password.

4.1 Registration

To obtain credentials, a visitor must register with multiE-Learning. By completing registration, the USER/CUSTOMER confirms that all provided data are accurate and complete. Providing false data constitutes a breach of these Terms. Only adults (natural or legal persons) may register, and each person may register only once—except for special training program registrations by separate arrangement. USERS/CUSTOMERS receive uniquely assigned credentials. If registration data change, the USER/CUSTOMER must promptly update this information online via “Personal Settings” or notify multiE-Learning.

5. Obligations

USERS/CUSTOMERS are responsible for ensuring the technical prerequisites for accessing multiE-Learning—particularly hardware, software, and internet connection—are met. They must use a current web browser with cookies enabled and JavaScript allowed. Upon notification of platform updates or technical changes, USERS/CUSTOMERS must make necessary adjustments on their systems. They must also implement appropriate security measures, notably regular data backups and up-to-date antivirus software. multiE-Learning is not liable for virus damage that could have been prevented by such software.

6. Misuse of Access

multiE-Learning is entitled to take action in cases of access misuse or breach of these Terms, including but not limited to:

• Providing false information during registration
• Misuse of multiE-Learning offerings
• Damaging or impairing the functionality of multiE-Learning’s services

7. Prices and Payment Terms

Registration is free. All further fees are determined by the valid price list in multiE-Learning’s shop, which forms part of the usage agreement. Service fees are collected through the external shop system using the chosen payment method and are credited to multiCom’s business account before the CUSTOMER immediately receives the purchased access rights for that user account. USERS/CUSTOMERS may only offset claims against multiE-Learning with undisputed or legally established counterclaims.

8. Right of Withdrawal

USERS/CUSTOMERS of multiE-Learning content have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of contract conclusion (booking). To exercise this right, an unambiguous statement in writing must be sent to:

SAERTEX multiCom GmbH
Brochterbecker Damm 52
48369 Saerbeck, Germany

If the contract is withdrawn, all payments received will be refunded without delay and no later than fourteen days after receipt of the withdrawal notice, using the same payment method originally used.

Important: Once multiE-Learning content is purchased and made fully available during the withdrawal period, the right of withdrawal expires. By purchasing, the USER/CUSTOMER acknowledges that multiCom provides the service in full before the end of the fourteen-day period.

9. Term and Termination

The contractual relationship between multiE-Learning and the USER automatically expires at the end of the booked period and may be renewed at any time by a new purchase.

10. Liability

multiCom assumes no liability for slight negligence unless it affects essential contractual obligations or guaranteed characteristics. The same applies to breaches by agents of multiE-Learning. Liability for indirect damages, lost profits, and atypical consequential damages is excluded. Liability is also excluded if defect causes lie within the USER/CUSTOMER’s sphere of responsibility, especially if they violate their cooperation duties under section 5 or in cases of force majeure (e.g., natural disasters, epidemics, strikes, war, terrorism, official measures, power or internet outages, cyberattacks, or other unforeseeable, unavoidable events). Otherwise, multiE-Learning’s liability per claim is limited to typical, foreseeable damage and capped at EUR 5,000.

10.1

multiE-Learning is not liable for the factual accuracy, completeness, timeliness or truthfulness of information available on the platform. Content is created with care, but permanent currency cannot be guaranteed.

10.2

Although developed with utmost care, errors due to software or internet access cannot be ruled out. multiE-Learning does not guarantee uninterrupted availability. USERS/CUSTOMERS may not assert claims for service disruptions or limited availability. Availability may be temporarily restricted for maintenance. In the event of server downtime exceeding one week during normal service hours, the CUSTOMER’s payment obligation will be reduced proportionately.

11. Data Protection and Confidentiality

multiE-Learning stores registration and usage data in machine-readable form in accordance with the German Federal Data Protection Act. Contracting parties agree to keep confidential any information learned about the other party in the course of contract execution. Further provisions can be found at Data Protection.

12. General Provisions

All disputes arising from or in connection with this contract are governed exclusively by German law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. General terms and conditions of the CUSTOMER/USER do not apply if they conflict with these GTC. The place of performance is the location of the multiE-Learning server. If the CUSTOMER/USER is a merchant under § 1 HGB or has no domicile in Germany, the exclusive place of jurisdiction is at Saertex multiCom GmbH’s registered office in Saerbeck. Amendments, supplements, or waivers must be in writing; the requirement of written form can only be waived in writing. Should any provision be or become invalid, the validity of the remaining provisions remains unaffected; the parties will replace the invalid provision with one that most closely reflects the contract’s purpose.