Terms & Conditions / Impress
Host i.S.d. § 5 TMG
AMC – Actuarial Media Center GmbH
Hohenstaufenring 47 – 51
50674 Cologne | Germany
Phone: +49 221 912554-0
Email: contact@actuarial-media.com
Internet: www.actubase.com
County Court Cologne (HRB 97223)
VAT ID No. DE322903530
General Manager
Michael Steinmetz
Party responsible for the content pursuant to § 55 Para. 2 RStV
Michael Steinmetz (Address see above)
Information on the online settlement of disputes
The European Commission provides a platform to settle disputes online (OS). You can find this platform at the following link: https://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes from online contracts.
Reference to § 36 VSBG
We will not participate in alternative processes to settle disputes in the sense of § 36 VSBG. The use of an alternative office of arbitration is not an overriding prerequisite for calling on the regular courts responsible.
Copyright and image credits
Unless stated otherwise, the contents of www.actuview.com are protected by copyright. Unless produced by ourselves, photographs used are marked with image credits or listed below. The use of photographs on third-party pages is only possible in the context of a license from the copyright holder.
Standard Terms & Conditions for the actuview.com internet platform
§ 1 Subject matter of the contract
(1) Actuarial Media Centre GmbH (hereinafter referred to as „AMC“), Hohenstaufenring 47- 51, 50674 Cologne, Germany, tel.: +49 221 912554-0, email: contact@actuview.com operates the actuview.com portal.
(2) The following Standard Terms & Conditions (“T&C”) apply to any contracts that are concluded between AMC and users of actuview.com who make use of the services that are provided in connection with the website. AMC understands “users” to mean associations, businesses and institutions (collectively: “organisations”) which are granted access to the platform by AMC as specified below, as well as individuals (= consumers in accordance with Section 13 of the BGB [German Civil Code]) who receive their authorisation to access actuview.com from the aforementioned organisations and are consequently able to use the platform services.
(3) Any users‘ conflicting conditions, or users‘ conditions which differ from these T&Cs, do not become part of the contract unless AMC explicitly agrees in writing to their applicability (Section 126 of the BGB).
(4) The language of the contract is English.
§ 2 Description of services
(1) actuview.com is an international online video platform which gives users the opportunity to upload their own content in the form of videos or to hold online events and/or to stream the relevant content for training and professional development purposes, and to share the use of supporting documents which they can download. Users are also able to communicate with each other by commenting on content and sending messages.
(2) The services provided by actuview.com can, in particular, be broken down into the following fields:
• videos and online events relating to actuarial topics
• messages relating to actuarial topics
(3) The “Videos and Online Events” field provides organisations with the opportunity to arrange online events, or to upload their own videos which can be used to share knowledge, communicate new concepts and ideas, and enhance technical knowledge. Other users can stream these videos for training and professional development purposes and can take part in the events. The precise amount of time that each user spends using the videos is tracked so that AMC can issue any professional development certificates that are required. You can find further information about this in the Data Protection Declaration which can be accessed via the “Data Protection” link.
The supporting documents which are uploaded with the videos (e.g. professional development documents) can be downloaded by the respective users.
(4) Additional information relating to actuarial topics is provided in the message boxes.
§ 3 Registration / saving of the quotation wording / suggested corrections / netiquette
(1) As well as being available to associations, businesses and institutions, the use of actuview.com is, in particular, open to any of the users who have been provided with access by one of these organisations.
In order to be able to make full use of the functions of actuview.com it is necessary for users to set up a personal account. The minimum age for doing this is 18. Users must also provide complete and correct details that are requested when registering, in particular they must provide their real name in the “Name” field as well as consenting to these T&Cs. AMC is entitled to refuse a registration, and it reserves the right to demand further documents as proof of an applicant’s identity (e.g. a copy of an identity card). This applies in particular if the user wants to have a professional development certificate issued showing the training content that he has used.
(2) The contract wording of the user agreement is saved by AMC. The user does not have online access to the contract wording, but he can access the saved details in his user account.
(3) The saved details can be printed out by the user immediately prior to completing the registration process. In addition, the user will receive an email confirming his registration which contains all the relevant details.
(4) At any time before submitting the registration to the platform the user can use the browser’s back button or corresponding buttons on the platform to correct the details that he has input, or he can return to the homepage by clicking on the actuview logo and thereby end and/or restart the registration process.
(5) The user undertakes to ensure that no unauthorised third parties can gain access to his password. If this nevertheless happens, or if the user has grounds for believing that it may have happened, he is obliged to notify AMC of this without delay.
(6) If the user’s details change after registration, he is obliged to update the information in his user account without delay.
(7) AMC is entitled to give a warning to a user or to definitively or temporarily block a user’s access to the internet platform, in particular if the latter
- uploads illicit content within the meaning of § 5 para. 2,
- uses data or information that he has obtained via the platform for purposes which infringe statutory regulations or the rights of third parties,
- undertakes advertising or invites others to purchase a product or a service via the platform, unless he is an official partner of AMC or unless he has AMC’s explicit written consent to do so.
§ 4 Payment for services / notice of cancellation
(1) actuview.com provides both free services and services for which a charge is made. Services for which a charge is made, i.e. which involve payment liabilities, are only the actuview.com services which are explicitly identified as being subject to a charge, in particular the time-limited subscription to the platform by associations, businesses and institutions.
(2) All payments of fees that are payable to AMC always become immediately due for payment. The fee for access to the platform by organisations must be paid within the period that is specified in the invoice.
(3) If the user chooses a product that is specified as being subject to a charge, he must pay the corresponding fee to AMC in advance.
Payments of the fees are made exclusively online. The user is informed about the payment options on actuview.com.
(4) The parties are entitled to terminate the contractual relationship – in relation to and on behalf of organisations – by sending an email notification to contact@actuview.com which provides 14 days‘ notice prior to the end of the contract term. Cancellation without notice on account of an important reason remains unaffected by this.
§ 5 Basis of cooperation
(1) If actuview.com has received a user’s email address in connection with the latter’s order, AMC is entitled to email to the user information relating to the ordered services and similar services that are provided by – or similar activities that are undertaken by – AMC, provided that the user has not stated that his email address should not be used for this purpose. The user may object to any such future use of his email address by sending an email to AMC; no charge is made for such notification and it is not subject to any formal requirements. AMC will provide information about the right of revocation in every email that it sends.
(2) AMC reserves the right to remove videos that have been uploaded by the user, to block online events, or to subsequently remove services that have already been published online, if the contents concerned infringe statutory regulations, official prohibitions or third party rights, or if they offend good taste or breach these terms of business („Illicit Content“).
The same applies if links to specific services are provided on behalf of the user which indirectly or directly lead to pages with illicit content. Any payment obligation of the user remains unaffected by this.
If a claim is made against AMC due to illicit content or other legal breaches for which the user is responsible, the user shall hold AMC harmless when first requested to so. The holding harmless shall also include AMC’s necessary legal defence costs.
(3) Even if the aforementioned requirements are fulfilled, no irrelevant content – such as lotteries, non-career-related events, or pure advertising campaigns etc. – may be published in addition to content which is in line with the purpose of the platform (cf. § 2).
If these requirements are not fulfilled, the contents shall be deemed to be illicit content, with the consequences that are set out in § 5 para. 2.
(4) If a user notices content which is not consistent with the principles of the platform according to para. 2, he may report this to AMC via contact@actuarial-media.com.
(5) AMC is entitled to make use of vicarious agents.
(6) It is forbidden to use in relation to the actuview.com platform any mechanisms, software or other scripts which may impair the proper operation of the website, or to take any other action which may interfere with the operation of the AMC website. It is also forbidden to take any measures which could result in the actuview.com infrastructure being subjected to excessive loading or overloading.
(7) Supplementary restrictions and requirements in addition to these T&Cs may apply to specific webpages that are provided or used on sites that are not operated by AMC.
(8) AMC always strives to ensure the uninterrupted availability of the actuview.com website and the error-free transmission of any data that is exchanged via the website. However, due to the nature of the internet this cannot be guaranteed. Unforeseeable system failures are possible, as are any necessary maintenance operations, repairs or the introduction of new services. In this context AMC will take account of the justified interests of the site’s users. If any losses of data occur AMC shall not be liable for them unless the company is at fault due to its gross negligence or intentional actions. § 8 (Liability) remains unaffected by the aforementioned provisions.
§ 6 Copyright / intellectual property rights
(1) The providing of the opportunity to use the actuview.com website does not entail the transfer to the user of any property rights, usage rights, licences or other rights. AMC retains in full all the rights relating to the portal that is used as well as rights relating to markings, titles, brands and copyright and other intellectual property rights. The rights relating to the content that is uploaded by a user (e.g. videos) are likewise retained by the respective rightholders.
(2) The user bears sole responsibility under copyright, competition law and in other respects for the contents that he intends to have published. Reference is made to § 5 para. 2.
(3) When placing his order the user confirms that he has acquired and/or has at his complete disposal all the usage rights that are required in order to upload the content that has been posted on the portal by him. Reference is made to § 5 para. 2.
(4) By uploading content the user grants to AMC the worldwide, non-exclusive and free of charge right to use that content to the extent that is necessary for the provision of the services on actuview.com. The user simultaneously grants other users of the service the worldwide, non-exclusive right to access the content via the actuview.com-platform, and to use it to the extent that is required and insofar as the platform’s functions make it possible to do so. The licence is granted for the period until the content is removed by the user who has uploaded it. However, once the content has been removed by the user AMC is not obliged to recall the content that is used offline by other users, or – owing to other legal reasons – to delete any copies of it that have been made.
§ 7 Legal position of AMC
AMC reserves the right to transfer in full or part to third parties the rights and duties arising from the user agreement and these T&Cs, or to allow them be exercised by third parties.
§ 8 Liability
(1) AMC is liable for losses owing to slight negligence only if they are based on the breaching of material contractual duties (essential obligations), or if losses resulting from death, bodily injury or health impairment occur, or if claims can be made based on the Produkthaftungsgesetz [German Product Liability Act] or a guarantee of warranted properties that is provided by AMC. Essential obligations are those duties whose fulfilment is essential for enabling the proper performance of the contract, and on compliance with which the contractual partner should be able to rely.
(2) AMC’s liability for slight negligence according to this provision is limited to typically foreseeable losses. This also applies to damages due to delay that are caused due to slight negligence.
(3) The provisions of the preceding paragraphs also apply correspondingly to any restricting of compensation for fruitless expenditure (Section 284 BGB).
(4) The above limitations of liability also apply in favour of the vicarious agents and legal representatives of AMC.
§ 9 Confidentiality
The user is obliged to take the utmost care when using IDs, passwords, user names or other security measures that are provided in connection with the services, and to take any measures that ensure the confidential, secure use of the data, and to prevent its disclosure to third parties. The user is obliged to inform AMC without delay of any potential unauthorised use of his access details, or of any such use which has already become known.
§ 10 Written warning, judicial ruling
If the user has received a written warning on account of content that has been posted on actuview.com, if he has already provided a cease and desist declaration in respect of specific (video) content, or if a corresponding interlocutory injunction, a judgement or any other judicial or administrative ruling has been served upon him, the user is obliged to inform AMC of this in writing and without delay. The user is also obliged to hold AMC harmless in respect of any third party claims when first requested to do so, and to reimburse any loss to AMC. Reference is made to § 5 para. 2.
§ 11 Image rights / presentations of images
If the actuview.com platform contains images outside of the area that is provided for the user or other third parties for the purpose of making postings, the rights to the respective image belong to AMC. Any use of the images without AMC’s explicit consent is forbidden.
§ 12 Revocation terms and conditions / consumers‘ right of revocation
In the cases that are legally specified, any user who is a consumer within the meaning of Section 13 of the BGB has a right of revocation. The user can find the revocation terms and conditions together with information about the consequences of revocation via the “Right of revocation” link on www.actuview.com.
§ 13 Data Protection
The protection of the user’s personal data that is gathered, processed and used in connection with his use of the actuview.com platform is a key concern of AMC. AMC complies with the rules that are contained in the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and any other applicable data protection provisions. Further information about the nature, scope, location and purpose of the gathering, processing and use of the data that is collected can be found in the Data Protection Declaration which can be accessed at any time via the “Data Protection” link on actuview.com.
§ 14 Online dispute resolution for consumers
(1) If you are a consumer within the meaning of Section 13 of the BGB and you experience any problems in relation to contracts that you have concluded online, you can make use of the European Commission’s online dispute resolution portal: https://ec.europa.eu/consumers/odr/.
(2) AMC is neither prepared nor obliged to take part in alternative dispute resolution proceedings held before a consumer arbitration body.
§ 15 Concluding provisions
(1) AMC reserves the right to amend these Standard Terms & Conditions at any time. In order to do so, AMC will email the altered conditions to the user in good time before they are planned to take effect, and when doing so it will specifically draw the user’s attention to the new provisions and the date when they are planned to take effect. AMC will also grant the user a reasonable period, which shall be at least four weeks, for making the declaration as to whether the user accepts the amended usage conditions for the continued use of the services. If no declaration is made within this period, which starts to run when the message is received in written form, the amended conditions are deemed to be agreed. AMC will specifically draw the user’s attention to this legal consequence at the time when the period starts to run, i.e. to the right of revocation, the time limit for revocation, and the consequences of not making a declaration. The current respective version of the T&Cs can be downloaded at any time from www.actuview.com and printed out.
(2) The law of the Federal Republic of Germany applies to the contract and its interpretation, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, and of private international law and the choice of law clauses that are contained in it.
(3) If the user is a business person within the meaning of Section 1 (1) of the Handelsgesetzbuch (HGB) [German Commercial Code], or a corporate body under public law or a special fund under public law, the courts in Cologne shall have exclusive jurisdiction in relation to any disputes arising from or in connection with the contractual relationship in question.
(4) If individual provisions of these T&Cs should be ineffective or unimplementable or become so once the contract has been concluded, this does not affect the effectiveness of the contract in other respects. The statutory provisions shall take the place of the ineffective or unimplementable provision. The same applies correspondingly if there are found to be gaps in the contract.
07/11/2023