Terms of Service

Effective: May 1, 2023.

Welcome to OWLearn, the website “owlearn.org” of Prof. Dr. Tobias Guggemos (“OWLearn”, “us”, “we” or “our”). This page explains the terms and conditions (“Terms”) which govern your use of our website, online and other products and services (“Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. This agreement applies to all users, visitors and others who have access to our Services. Please read these Terms carefully and make sure that you understand each section.

1. Using our Services

OWLearn provides an online interactive learning platform for taking management and business courses including a social platform to interact with other users and course instructors. 

Eligibility:
To use our Services, you must:

  • be 16 years or older,
  • be over the age at that you can approve data processing under the laws of your country,
  • be able to form a binding contract with OWLearn,
  • comply with these Terms, our policies (including our Privacy Policy) and all applicable laws.

Any violation of our Terms, applicable laws or policies may lead to suspension, deactivation or termination of your access to our Services.

License:

Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, freely revocable license to use our Services only for your personal, non-commercial use. Using our Services does not give you any intellectual property rights in or ownership of our Services or the content you access. It is not permitted for you to duplicate, copy, distribute, sell, resell, publicly display or otherwise misuse any learning content provided by OWLearn. All materials on this platform, including, but not limited to, the software, design, text, graphics, and other files, are the property of the platform or its licensors and are protected by copyright laws. We may terminate this license at any time for any reason or no reason.

User conduct:

You agree to use our platform only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the platform. You agree to comply with all applicable laws, rules and regulations governing your use of our platform.

User account:

Your OWLearn account gives you access to our Services. You agree that you will not share access to your account or access information for your account with any third party. When you create your user account, you must provide accurate and complete information. You agree to update your information. You are responsible for maintaining the confidentiality of your account login information. You are solely responsible for all activities that occur under your account. You are required to inform OWLearn instantly of any security breach or unauthorized use of your account. OWLearn will not be liable for any losses caused by unauthorized use of your account.

By providing OWLearn with your email address, you agree that we may use the email address to send you messages related to our Services. If you do not want to receive such email communications, you may opt out. Opting out will prevent you from receiving email notifications about updates, enhancements or offers.

Content:

OWLearn provides multimedia courses and other learning content. We reserve the right to change, cancel, interrupt or postpone any learning offers. We may stop providing our Services without any previous indication.

We are constantly expanding, improving and changing our Services. We may add or remove features and functions on our platform at any time.

You are solely and exclusively responsible for your interactions with other users on this platform. OWLearn is not liable for the actions or inactions of any user.   

2. User Content

Our Services allow you to post and share content such as comments, questions, posts you make in the forums, assignments, profile information and similar with course instructors and/or other users (“User Content”). You retain all ownership and intellectual property rights in the User Content that you create and share. User Content does not include course content provided by OWLearn or course instructors. By sharing User Content on the OWLearn platform, you agree on granting other users and course instructors permission to view and share your User Content in compliance with your settings and this Terms. We reserve the rights to publicly display User Content.

You are responsible for the User Content that you create and share. We may remove inappropriate User Content. We also may temporarily or permanently suspend a user’s access to our Services. OWLearn reserves the right, but is not obligated, to remove User Content that violates these Terms. You agree to use our platform only for lawful purposes and in a way that does not infringe the rights of others (other users or any third party) or restrict or inhibit their use of the platform.

We fully support free speech and expression for our users as well as academic freedom for our course instructors. We also want that all our users and course instructors feel safe and comfortable on our platform. You agree not to post User Content that:

  • contains illegal content or may contribute to a crime or tort.
  • harasses, annoys or bullies other people. It is prohibited to share content that may create a risk of mental injury or emotional distress. It is prohibited to share content that is harmful, defamatory, obscene, abusive, racially or otherwise offensive, threatening or otherwise objectionable.
  • violates intellectual property or privacy rights. Always quote the original content source.
  • contains spam. Inappropriate advertising is not permitted. We encourage to post and inform about relevant, open job positions for a career in management.
  • violates other parts of this Terms.

3. Research purposes

OWLearn reserves the right to use records of your participation and activities in our courses for educational research. As part of this research, we may suggest different learning content offerings to you. Research results are published on an aggregate basis. Your personal identity will not be publicly reported in the research results.

4. Paid Services

Some of our services may be provided for a fee. OWLearn has the right to add new services for additional fees or to change the fees for our existing Services.

Subscriptions:

Our subscriptions automatically renew using the payment information you have provided for your account. If you buy a subscription, you agree that we are authorized to use the payment information you have provided for the renewal fee. Unless you cancel, your subscription will renew monthly or annually on the same day of the month or year in which you made the initial purchase. You may cancel our paid Services at any time. This will prevent any further subscription fees from being charged to your account.

No refunds:

There are no refunds. In particular, there are no partial or pro-rata refunds in case of cancellation. All cancellations by users will become effective at the end of the current monthly or annual billing period. As you will not receive a refund, you will continue to have access to your subscription for the remainder of the current billing period after cancellation. If OWLearn deactivates, locks or terminates your account due to a breach to these Terms, you agree that you will not receive any refund or exchange for any subscription fees, any content or data related to your account, or anything else.  

Payment details:

All information you provide as part of a purchase must be correct, current and complete. You agree that you have to pay all fees at the rates in effect at the time the fees are charged.

5. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” without warranties of any kind, whether expressed or implied. This includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representations or warranties of any kind, express or implied, as to the operation of our platform or the information, content, materials, or products included on our platform. You expressly agree that your use of our Services is at your own risk. We disclaim all warranties related to your use of our Services. We do not guarantee that our Services meet your needs, are available at any time and location, are without errors, are secure or free of harmful components such as viruses. Any downloaded content is downloaded at your own risk. You are solely responsible for any damage to your devices or loss of data resulting from downloads or any other use of our Services. Further, we do not guarantee that your use of our Services will lead to your desired learning outcomes.           

6. Limitation of liability

To the maximum extent permitted by law, OWLearn shall not be liable for any direct or indirect, incidential, special or consequential damages, including, but not limited to, any loss of revenues or profits, any loss of data or other intangible losses arising out of or in any way connected with your use or misuse of our Services.

To the maximum extent permitted by law, OWLearn shall not be liable for any errors of content published on the platform, emailed or otherwise made available via our Services, for any interruption of our Services, for any User Content, or any viruses, trojan horses or similar spread by third parties in the context of our Services.

7. Third-party links and content

Our Services may contain links to third-party websites, including, but not limited to, job and all other advertisements, that are not under the ownership or control of OWLearn. We disclaim any responsibility for these third-party websites or your use of them. If you access a third-party site, you agree that you do so at your own risk.     

8. Right of withdrawal for European users

If you have a right of withdrawal according to the relevant laws in your country, including the applicable laws of the European Union, then the following withdrawal policy applies to you:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Prof. Dr. Tobias Guggemos, OWLearn, owlearn.official@gmail.com) by means of a clear declaration (e.g. an e-mail or via contact form: owlearn.org/contact) of your decision to withdraw from this contract. You can use the model withdrawal form provided below for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Model Withdrawal Form:

Only If you want to withdraw from the contract, please fill out and return this form.

– To [Prof. Dr. Tobias Guggemos, OWLearn.org, owlearn.official@gmail.com]:

– I/we hereby withdraw from the contract concluded by me/us for the provision of the following service

– Ordered on/received on

– Name of the consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only in case of notification on paper)

– Date

Consequences of the withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that our Services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the Services provided for under the contract.

9. General terms

We reserve the right to review, edit and update these Terms from time to time. Therefore, you should check this page periodically. Any changes made to these Terms will be effective immediately after we publish them. Your continued use of our Services after such changes are published, regardless of whether you are notified or not, will indicate your mandatory acceptance of the updated Terms.

If any specific provision of these Terms is found to be unenforceable, this invalidity of such provision will not have any effect on the remaining provisions of these Terms. If you do not comply with these Terms and we do not immediately act, this does not mean that we waive any rights (for example, future action).

10. Indemnification

You agree to indemnify and hold harmless OWLearn, its contributors and content providers from and against any and all claims, liabilities, debt, losses, expenses, obligations and damages, including but not limited to attorney’s fees, resulting from or relating to:

  • your access to and use of our Services.
  • your violation of any provision of these Terms.
  • your violation of any third-party right or any applicable law.
  • User Content including, but not limited to, claims for infringement of intellectual property or other proprietary rights.

11. Governing law

The Services are managed by Prof. Dr. Tobias Guggemos, located in Germany (Stuttgart area as well as Fulda). You agree that these Terms are governed and construed in accordance with the laws of Germany.

12. Entire agreement

These terms and conditions constitute the entire agreement between you and us and supersede all prior agreements or understandings, whether written or oral, relating to your use of our platform.

In case of questions or for legal notices please mail us using our contact form (Contact).