Terms & Conditions for the Startup Academy

1. Scope of the Terms

1.1 DGH Deutsche GründerHilfe gGmbH, Alt-Moabit 19, 10559 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 181819 B ("Berlin Startup School" provides (online) courses through its website www.berlinstartupschool.com (“Website”).

1.2 These terms (“Terms”) apply to all services provided by Berlin Startup School on its or through its Website (“Services”) to the person using the Services and who has accepted the Terms (hereafter referred to interchangeably as “User” or “Student”) 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 Berlin Startup School.

2. Description of Services and Conclusion of Contract

2.1 Berlin Startup School has established several (online) learning programs, which have been designed to teach skills and knowledge to its Users in connection with building a startup ("Program"). 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. The User can find a detailed service description of each Program on the Website.

2.2 The content of the sessions and coaches of the Programs are subject to change. Regardless of this, Berlin Startup School will ensure that the learning objectives at the conclusion of the contract as presented on each website are met.

2.3 The User accepts the Offer by confirming the selection via email or through an online payment button (“Acceptance”). Berlin Startup School notifies the User that it has received his booking. Upon receiving the booking, Berlin Startup School enables the User to have access to the booked Program on the agreed upon Program Start Date ("Kick-Off").

2.4 Bookings placed by minors, persons of legal incapacity or special disability require the consent of the respective legal guardian.

2.5 Right of Refusal of Admission: Berlin Startup School reserves the right to refuse to issue a contract for sale to prospective customers for reasons including but not limited to the following:​ An assessment by the program advisor that the course delivery/instruction model is unsuitable for the customer’s goals and/or learning needs.

If the program advisor or any other member of the Berlin Startup School team makes the decision to refuse to enrol a customer, this decision will be issued in writing and will be final.

3. Information on the Course Certificates

The certificates issued by Berlin Startup School after the completion of a course are internal certificates and do not have the aim to prepare the User for government or public examinations. Berlin Startup School's certificates do not represent or substitute any form of state or state recognized certificate.

4. Registration in the Online School

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 Berlin Startup School 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. Berlin Startup School 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, Berlin Startup School 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 info[at]berlinstartupschool.com. Berlin Startup School advises the User that if he deletes his Account, any unlocked course material will no longer be available to him through the Website.

5. Booking and Cancellation of Mentor or Coaching Calls

If the User books a mentor or coaching 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 24 hours prior to the booked call. 

6. Payments and Billing Options

6.1 The course fees arise from the respective current price list at the time of conclusion of the contract. 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).

6.2 Berlin Startup School offers the possibility for cashless payment. Berlin Startup School reserves the right to offer certain payment options to some Users and not to other Users.

6.3 The course fees can be paid in installments. The first installment is due on enrollment date, the second installment is due one month from the Program start date, and the following installments are due monthly beginning from the second installment date. 

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 or booking the service on the respective page. The User’s right to terminate the contract according to section 7 shall remain unaffected.

7. Contract Term, Refund Policy and Termination

7.1 The contract is entered into for the period booked by the User.

7.2 Beyond statutory requirements (see Section 8. of these Terms), Berlin Startup School provides the User with a full refund if he/she requests to cancel the Program before the official Kick-Off. If he/she requests to cancel the program within the first 14 days from the day of the Program start date (the “Refund Period”), Berlin Startup School will refund the first installment except a 150 € ("Admin Fee") which will be deducted from the refund.

7.3 The User may terminate the contract without reason at any time after the Program begins. In such cases 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).

7.3 The termination of this contract according to section 7.2 or 7.3 shall require a written notification (email to info[at]berlinstartupschool.com sufficient) and shall become effective on the date of the receipt of such notification by the respective other party.

8. Right of Withdrawal

Users have the right to withdraw from this contract within 14 days from the day of the Program start date without giving a reason.

The withdrawal period will expire after 14 days from the day of the Program start date.

To exercise the right of withdrawal, User must inform Berlin Startup School (info[at]berlinstartupschool.com) of User’s decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). User may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for User to send User’s communication concerning User’s exercise of the right of withdrawal before the withdrawal period has expired.

8.1 Effects of withdrawal

If User withdraws from this contract within the time period given above, we shall reimburse to the User all payments received from User without undue delay and in any event not later than 14 days from the day on which we are informed about User’s decision to withdraw from this contract (exceptions as mentioned in 7.1). We will carry out such reimbursement using the same means of payment as the User used for the initial transaction and User will not incur any fees as a result of such reimbursement.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

 

To

DGH Deutsche GründerHilfe gGmbH

c/o Berlin Startup School

Alt-Moabit 19

10559 Berlin

e-mail: info[at]berlinstartupschool.com

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),

Date

(*) Delete as appropriate

8.2 Right of Berlin Startup School to Withdraw Students from Program

We reserve the right to withdraw Students from the program at any point. Reasons for withdrawal include but are not limited to:

  • Falling behind by more than two months (for courses that are 6 months or longer on the part-time track) or more than a month (for courses that are 3 months or less on the part-time track) according to your progress meter located on Student’s course homepage

  • Failure to meet financial obligations to Berlin Startup School (e.g. falling behind on installment payments by more than one month)

  • Failing to attend scheduled calls with Mentor without advance notification

  • Violating our communications guidelines in exchanges with Berlin Startup School community members, including Mentors, Tutors, Berlin Startup School employees, and other students.

Withdrawal of a Student by Berlin Startup School will result in a prorated refund based on Student’s remaining time on course if Student has paid in full or a cancellation of Student’s monthly subscription fee if Student is paying in monthly installments.

8.3 Course Pauses

Time spent away from the course is the responsibility of the student and will not increase overall Program time. Courses cannot be paused or frozen during the Program period. Students will be responsible for making their scheduled payments during the Program and may not delay or pause their payments.

Students are encouraged to let Student Advisors and their Mentors and Tutors know in writing if they expect to be away for some part of the program.

8.4 Course Cancellation

The User may cancel a Program in which the User is enrolled at any time during the Contract period. If cancellation occurs before the Program start date, the User is entitled to a full refund as specified in Section 7 and 8 of these Terms.

If the User has paid in full and less than 80% of the User’s program time has elapsed, User is entitled to a prorated refund based on the remaining program time. If the User has paid in full and more than 80% of the User’s program time has elapsed, User is not eligible for a refund.

If the User has a subscription-based payment, the monthly subscription fee will be cancelled at the time of receipt of the cancellation request and User will not be charged in subsequent months. An "Admin Fee" (as mentioned in Section 7) is non-refundable when the user has passed the Kick-Off.

Cancellations result in immediate loss of access to all Program materials, Mentors, Tutors, and other services offered by Berlin Startup School from the date of receipt of the Cancellation.

In the event of a Cancellation, eligible payments will be refunded 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 and you will not incur any fees as a result of such reimbursement.

 

In the event of re-enrollment after Cancellation, any discounts applied to the original enrollment will be void and the User must pay in full for the Program at the Program price effective at the time of re-enrollment.

Cancellations must be requested requested in writing (email is sufficient) and should be addressed to info[at]berlinstartupschool.com.

9. Technical Provisions

The User must observe all technical guidelines by Berlin Startup School 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 and Zoom, to carry out the meetings.

10. Content from User

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 Berlin Startup School reserves the right to remove or disable access to any User Content at Berlin Startup School' sole discretion, in case that it comes to Berlin Startup School' attention that User Content violates third party rights, any applicable laws, regulations or these Terms. Berlin Startup School may take these actions without prior notification to the User.

10.3 Berlin Startup School is entitled but not obligated to save, publish and delete the User Content.

11. Grant of License

Berlin Startup School grants each User a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by Berlin Startup School 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 Berlin Startup School.

12. Indemnification

The User agrees at his own expense, to indemnify, defend and hold inculpable Berlin Startup School 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. Berlin Startup School 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 Berlin Startup School in asserting any available defenses.

13. Third Party Services

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 Berlin Startup School. Berlin Startup School 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.

14. Warranties

Berlin Startup School cannot warrant that the Programs and the Website are always accessible. However it will eliminate any technical malfunction in reasonable time.

15. Privacy Policy

Berlin Startup School provides the User with information on how data is collected and processed in its privacy policy.

16. Changes in the Terms & Conditions

16.1 Berlin Startup School reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): Berlin Startup School 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. Berlin Startup School 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, Berlin Startup School is entitled to not accept future bookings of Programs by the User.

16.2 Berlin Startup School 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.

17. Miscellaneous

17.1 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.

17.2 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.

17.3 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 17.3 would present unreasonable hardness for one party the contract in whole shall be invalid.

17.4 The contract language is English.

18. Communications Policy

Berlin Startup School maintains a safe and learning-focused community for all students. Users agree to abide by the Berlin Startup School communications policy, which forbids:

  • Use of inappropriate, vulgar, offensive, or hateful language;

  • Hostility toward another member of the community, including threats, abuse, or harassment;

  • Insults of any kind, including those related to gender, religion, race, ethnicity, political beliefs, sexual orientation, and physical or mental health;

  • Posting of links/ads to products/services that could substitute any part of the Berlin Startup School learning experience;

  • Commercial activity such as buying and selling;

  • Propagation of unlawful behaviour.

Users who violate the Communications Policy may be withdrawn from their Program. See Section 8.2.