The services of UXQB are provided through the website on the Internet uxqb.org as well as under various subdomains and aliases of these domains. All websites, subdomains, aliases offered by UXQB, on which the services are available, are hereinafter collectively referred to as the “UXQB website”.
The conclusion of the contract takes place with the UXQB e.V., Burgmauer 10, 50667 Cologne, Germany. Further contact data, the association register data as well as the name of an authorized representative of the UXQB can be taken from the imprint.
1. Subject matter of the contract and basics of use
1.1 UXQB is the author of the curriculum for the certificate “Certified Professional for Usability and User Experience – Foundation Level (CPUX-F)” and the curricula for a number of Advanced Level (AL) certificates.
1.2 The CPUX-F certificate certifies that the holder (in the following, no gender-specific distinction is made) has basic knowledge of the subject area of usability and user experience.
1.3 A CPUX-AL certificate certifies the holder’s knowledge of advanced terms and concepts as well as the mastery of techniques and methods from a UX subject area to the extent specified in the certificate statement.
2. Conditions of use, conclusion of contract and assurances at conclusion of contract
2.1 If the user uses an application of the UXQB which is also usable for users without a user profile visible on the website, a user account will be created for the user if such an account does not yet exist. Thereby the contract for the use of UXQB.org between the user and UXQB comes into effect. The user account is a user profile that is not visible on the website at first. The user can only use those applications under his user account which are also usable without a user profile visible on the website. If the user wants to use applications that require a user profile visible on the website, he/she must first confirm or release the visibility of his/her user profile.
2.2 The possibility to use the applications offered on the UXQB websites does not constitute an offer, but only an invitation to submit an offer. By completing the booking process the user makes an offer to conclude a contract for the use of the corresponding UXQB application. UXQB accepts this offer of the user by providing the corresponding services. Only by this acceptance the contract between the user and UXQB is concluded. UXQB is not obliged to conclude a contract. In case of use of services against payment the user accepts the associated payment obligation by clicking on the confirmation field offered in this case.
2.3 The user assures that all data given by him are true and complete. The user is obliged to keep the data regarding all applications used by him/her true and complete during the entire term of the contract.
2.4 The User warrants that he is of legal age. In the event that the User acts on behalf of a legal entity within the scope of certain applications, the User warrants that he is authorized to act on behalf of the legal entity. The user will provide the UXQB with proof of the information warranted under this clause upon request.
2.5 UXQB cannot technically determine with certainty whether a user registered on the UXQB website is actually the person the user claims to be. Therefore UXQB does not guarantee the actual identity of a user.
3. Right of withdrawal for consumers
Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must
Phone: +49 221 997 898-08
fax: +49 221 997 898-11
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post or via our contact form which can be reached from any page) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the service be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
Exclusion of the right of withdrawal:
The right of revocation does not exist if you are predominantly exercising your commercial or self-employed professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).
The right of revocation towards the UXQB does not apply to such contracts which are not concluded between you and the UXQB, but between you and a third party. Any rights of revocation can only be asserted against the third party.
Further important notes:
You expressly agree that we may begin to perform the service before the end of the revocation period.
4. General obligations of the user and special regulations for the use of the social network
4.1 The user is obliged,
- (a) to provide only true and non-misleading information and to use his real name and not pseudonyms or pen names
- (b) to use as profile picture in the user profile only such a photo, on which the user is clearly recognizable. The user ensures that the public reproduction of the profile photo submitted by him/her on the UXQB websites is permitted under applicable law. The use of photos or images of other or non-existent persons or other beings (animals, fantasy creatures etc.) or logos as profile pictures is not permitted.
- (c) to observe applicable law as well as all rights of third parties when using the content on the UXQB websites. In particular, the user is prohibited from the following:
- Use of insulting or defamatory content, regardless of whether this content affects other users, UXQB employees or other persons or companies;
- Use of pornographic, violence-glorifying, abusive, immoral or youth protection laws violating content or advertising, offering and/or distribution of pornographic, violence-glorifying, abusive, immoral or youth protection laws violating goods or services;
- unreasonable harassment of other users, especially by spam (see § 7 Law against Unfair Competition – UWG);
- using content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so, or advertising, offering and/or distributing goods or services protected by law, also without being entitled to do so; or
- engaging in or promoting anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid schemes);
- (d) to refrain from the following harassing actions, even if they do not violate any laws:
- Sending of chain letters;
- implementation, promotion and support of structural sales measures (such as multi-level marketing or multi-level network marketing); and
- Engaging in offensive or sexually suggestive communication (explicit or implicit).
4.2 The user is prohibited from the following actions:
- (a) Use of mechanisms, software or scripts in connection with the use of the UXQB websites. The direct or indirect promotion or distribution of such mechanisms, software or scripts is also prohibited. However, the user may use, advertise or distribute interfaces or software authorized by UXQB;
- (b) Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of UXQB;
- (c) Distribution and public reproduction of content from the UXQB websites or from other users, unless this distribution and public reproduction is intended or the other user has agreed to the distribution and public reproduction; and/or
- (d) any action that is likely to impair the functionality of the UXQB infrastructure, in particular to overburden it.
4.3 The UXQB is not obligated to make data and/or information provided by the user available to other users if this data and/or information is not in accordance with clauses 4.1 and 4.2. The UXQB is entitled to remove inadmissible data and/or information according to clauses 4.1 and 4.2 from the UXQB websites without prior notice to the user.
Changes in services
5.1 UXQB reserves the right to change the services offered on the UXQB websites or to offer different services, unless this is not reasonable for the user.
5.2 Furthermore UXQB reserves the right to change the services offered on the UXQB websites or to offer different services,
- (a) insofar as UXQB is obliged to ensure that the services offered by UXQB comply with the law applicable to the services, in particular if the applicable legal situation changes;
- (b) to the extent that the UXQB thereby complies with a court decision or an official decision directed against the UXQB
- (c) as far as the respective change is necessary to close existing security gaps;
- (d) if the change is only beneficial to the user; or
- (e) if the change is of a purely technical or procedural nature without significant effects for the user.
5.3 Changes with only insignificant influence on the functions of the UXQB do not represent changes in performance in the sense of this clause. This applies in particular to changes of a purely graphical nature and the mere change of the arrangement of functions.
- (a) if the change is only beneficial to the user;
- (b) if the change is purely technical or process-related, unless they have significant effects for the user;
- (d) to the extent that the UXQB thereby complies with a court decision or an official decision directed against the UXQB; or
5.6 With regard to products that are booked individually and are not offered as part of a continuing obligation (e.g. the activity as a recognized training provider) a separate contract is concluded for each booking, the additional conditions of which will be displayed separately in each individual case before booking. The corresponding contractual conditions and services can be changed for future bookings independently of the requirements for service changes mentioned here.
6. Fees, billing, invoicing, terms of payment
6.1 The user can settle invoices by means of the payment methods offered by UXQB. If a fee cannot be collected, the user bears all costs incurred by UXQB, in particular bank charges in connection with the return of direct debits and comparable fees, to the extent that he is responsible for the event causing the costs.
6.2 The UXQB is free to send invoices and payment reminders exclusively by electronic means.
6.3 The UXQB reserves the right to change the billing at any time from Euro to the respective national currency of the user, unless the user objects.
6.4 The remuneration and terms of payment for recognized training providers are regulated in a separate contract between the recognized training provider and the UXQB.
7. Duration, termination of the contract, sanctions, repayment of fees paid in advance
7.1 If in individual cases there are no special regulations regarding the duration and termination of individual applications or UXQB memberships, the contractual relationship can be terminated by both parties at any time.
Presentation as a certified person free of charge
7.2 The user and the UXQB can terminate the free profile display at any time without giving reasons. In order to protect the user against unauthorized deletion of his user profile by third parties, UXQB may perform an identity verification at the time of termination, e.g. by querying the user name and an email address registered on the UXQB websites.
Membership as a recognized training provider
7.3 The contract commences upon signature and runs until the end of the calendar year. The contract shall be extended by 1 calendar year in each case unless it is terminated in due time.
7.4 The contract may be terminated by either party by giving 3 months’ notice to the end of the calendar year.
Termination and blocking for good cause
7.5 Even in the event of special provisions regarding the term and termination, both parties shall have the right to terminate the contractual relationship extraordinarily at any time without notice for good cause. Good cause for extraordinary termination shall be deemed to exist if the continuation of the contractual relationship until the expiry of the statutory period of notice is not reasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties. Important reasons for the UXQB are especially the following events:
- (a) Non-compliance with legal regulations by the user;
- (b) breach by the user of his contractual obligations
- (c) the reputation of the services offered on the UXQB websites is considerably impaired by the presence of the user (e.g. if it becomes apparent after registration of the user that the user has been convicted of an intentional criminal offence and other users are aware of this conviction);
- (d) the user advertises for associations or communities – or their methods or activities – that are under observation by security or youth protection authorities
- (e) the user damages one or more other users; or
- (f) the user is a member of a sect or a controversial religious community concerning Germany law
7.6 In case of an important reason according to paragraph 7.5, the UXQB can also impose the following sanctions against the user independent of a termination according to paragraph 7.5:
- (a) Deletion of content that the user has posted;
- (b) blocking access to the service of the UXQB web pages or individual applications; or
- (c) Saying a warning.
7.7 The user’s claim for repayment of already prepaid fees in case of termination is excluded, unless the user terminates the contract due to an important reason for which UXQB is responsible. In the following cases the User’s claim for repayment of already prepaid fees is excluded in any case:
- (a) UXQB terminates the contract for good cause; or
- (b) UXQB blocks the user’s access according to paragraph 7.6.
8. Responsibility for user content, data and/or information, availability
8.1 The UXQB does not take responsibility for the content, data and/or information provided by users of the UXQB websites or for content on linked external websites. In particular, UXQB does not guarantee that these contents are true, fulfill a certain purpose or can serve such a purpose.
8.2 If the user notices any use of the UXQB websites (including the use of pseudonyms or deceptive identities) in violation of the law or the contract, he/she can report this.
8.4 The UXQB only offers the user a platform and does not participate in the communication between the users. This does not apply if the UXQB in individual cases moderates a group itself. If the users conclude contracts with each other via the UXQB websites, the UXQB is not involved in this and therefore does not become a contractual partner. The users are solely responsible for the execution and fulfillment of the contracts concluded among themselves. The UXQB is not liable for breaches of duty of the users from the contracts concluded between the users.
8.5 The user acknowledges that a 100% availability of the UXQB websites is technically not feasible. However, UXQB makes every effort to keep the UXQB websites available as constantly as possible. Especially maintenance, security or capacity issues as well as events beyond the control of UXQB (e.g. disruptions of public communication networks, power failures etc.) can lead to disruptions or temporary suspension of the service on the UXQB websites.
9. Adhesion of the UXQB
9.1 To the extent permitted by law, any warranty and/or liability of UXQB is excluded.
10. Data protection
10.1 Personal data will only be collected, processed and/or used if the user has consented or if this is permitted by law. A use of personal data due to a legal permission takes place in particular in connection with the fulfillment of contractual obligations of the UXQB towards the users. The UXQB offers the user functions, which are individually adapted to the user (e.g. UXQB provides certain information, offers, recommendations and services on the basis of collected data). In order to be able to provide the services, the processing and use of personal data of the user is required.
11. Applicable law, place of jurisdiction and other
11.1 German law shall apply to the contractual relationship.
11.2 Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Cologne.
11.3 Oral collateral agreements, amendments and supplements to the contract must be made in writing to be effective. This also applies to the cancellation of this written form clause.
11.4 Should individual provisions of this contract be or become ineffective in whole or in part, or should they not be able to be executed in the intended manner for legal reasons, the effectiveness of this contract shall not be affected in all other respects.