Terms and Conditions – For online tutoring courses on Abetare
WE-THREE GMBH, legally represented by the managing director Mr. Veton Gashi, Hansekai 3, 50735 Cologne-
Niehl, offers the opportunity for parents, pupils and students to book online tutoring on the website
www.abetare.eu. Using video conferencing software (e.g. Zoom) provided by third parties, participants can join a
live session with international tutors.
1. Scope
These general terms and conditions (GTC) apply to all business relationships between WE-THREE GMBH
and participants in the online tutoring courses in their currently valid version. These GTC apply
exclusively. Deviating, conflicting or supplementary general terms and conditions of the participant only
become part of the contract if and to the extent that WE-THREE GMBH has expressly agreed to their
validity in writing. This approval requirement applies in any case.
2. Registration/User Account
(1) Registration on www.abetare.eu is required to use the online tutoring courses. A user account is
created when you register. To create the user account, a valid e-mail address and create a password.
With the registration, adult participants have the opportunity to take tutorials in the form of online
courses.
(2) WE-THREE GMBH reserves the right to reject registration identification.
(3) WE-THREE GMBH offers participants the opportunity to create a "parent account" as part of the
user account. This parental account enables participants to purchase or register for services
(courses) before they turn 18. With the parent account, the parents have to undertake that every
purchase of a course by the registered parent has been approved. WE-THREE GMBH is not liable for
purchases made by participants that have not been approved by their parents.
3. Scope of Services
WE-THREE GMBH makes it clear that the services provided are those of a service contract within the
meaning of §§ 327 ff. BGB.
The online tutoring courses are not distance learning within the meaning of the FernUSG, in particular
WE-THREE GMBH or its agents do not monitor the learning success. This also applies in the event that
WE-THREE GMBH provides the participant with functions on the website for self-monitoring as part of
the online tutoring courses. WE-THREE GMBH assumes no liability for the success of the online tutoring
courses and for the correct selection of subjects/courses (with or without appropriate advice and/or
application of test procedures).
4. Teachers & Courses
(1) The online courses are offered by third-party providers (“tutors”) who use WE-THREE GMBH to
conduct the online courses. WE-THREE GMBH endeavors to carefully select suitable tutors.
(2) The online courses are available on the dates offered by the respective tutor and to be booked by
the participant. There is no entitlement to the availability of specific dates or tutors: inside.
(3) The participants can either purchase individual courses to use the online tutoring courses or obtain
a course bundle, the so-called bundle pack, via the Bundle tab.
(4) The tutors can put together the courses offered individually. A course can/will consist of a
description in the form of a video message and/or text form, a quiz (in the form of an exercise or
test) and a live session. The order can be put together individually by the tutor.
(5) The tutors try to offer one or more video conference appointments. The participants are therefore
asked to keep the booked online course dates.
(6) A tutor can cancel the date of a live session conference under certain conditions. An alternative date
must be offered. The alternative date will be sent to the participants by email from WE-THREE GMBH
via the online tool.
5. Participants' obligations to cooperate: inside for participation in the online courses
Participation in the online tutoring courses requires the availability of a PC or computer, smartphone or
alternative technology with Internet access and the appropriate software at the participant: in advance.
The online courses are provided using video conferencing software (e.g. Zoom) provided by third parties.
The use of the video conferencing software is based on the software license terms of the respective
provider. The participants must ensure in good time that functioning internet access, functioning
technology and the appropriate software are available. Missing or insufficient Internet connection,
missing or insufficient technology or software of the participants: in entitle the participant: in not to carry
out the online tutoring courses on a date other than the agreed date.
6. Booking of Courses
Courses are booked by the participant selecting one or more available dates in the online appointment
calendar of the respective tutor. The booking of the courses represents an offer by the participant to
conclude a contract. The contract between WE-THREE GMBH and the participant is concluded as soon
as WE-THREE GMBH sends the order confirmation by e-mail and/or through the Notification in the online
tool declaring acceptance to the participant. The participant can book the online courses in the form of
private tuition. Another email contains a link to the online course meeting. The participants are obliged
to join the tutoring meeting in good time for the booked lesson date and to appear at the lesson date.
The participants also have the option of opening the tutoring meeting via their personal dashboard.
7. Offers/Coupons
(1) To use the online tutoring courses, participants can either purchase individual courses or obtain a
course bundle, the so-called "Bundle Pack" via the Bundle tab. The participants can also use other
current offers from WE-THREE GMBH, which may be limited in time, if and to the extent that they
are available.
The conditions for the use of the offers result from the respective current offer.
(2) The participants have the opportunity to take one or more courses. The participants are also obliged
to attend the registered courses. The tutors are authorized to determine the number of participants
themselves.
(3) The offers of the online tutoring courses are determined by WE-THREE GMBH. The prices of the
courses are set individually according to certain criteria and can be changed by WE-THREE GMBH at
any time.
(4) If the participants have purchased a course at a separate price before the price changes, the
participant will not be charged subsequently. Participation in the course can be guaranteed.
(5) If the participants have purchased a course before the price was changed. WE-THREE GMBH does
not permit any credit to the participant.
(6) WE-THREE GMBH can provide the participant with an individual discount code in the form of a
voucher at any time. WE-THREE GMBH alone decides when and to whom this discount code is made
available. The participants are not entitled to pass on the vouchers offered by WE-THREE GMBH. If
the voucher sent by WE-THREE GMBH for the participant is passed on, WE-THREE GMBH can refuse
the discount or bill the respective participant and the participant who received the discount code
afterwards.
(7) The coupon can be sent to the participant by WE-THREE GMBH in the form of an email, postcard,
letter or in the online tool. The coupon may only be used once. After using the discount code, the
code is automatically deactivated and cannot be canceled again.
(8) WE-THREE GMBH is entitled to set the participant a deadline for the voucher sent by WE-THREE
GMBH. If no period is offered by WE-THREE GMBH, the participant is entitled to validate the voucher
at any time. After the period specified for the voucher has expired, the voucher can no longer be
redeemed. The participants bear their own responsibility for using their discount code provided by
WE-THREE GMBH. The participant cannot request a replacement or credit from WE-THREE GMBH.
The sending of the coupons is a voluntary decision by WE-THREE GMBH and serves as a gift for the
participant.
8. Remuneration and Terms of Payment
(1) The fee for online tutoring is due upon purchase and can be paid by PayPal, credit card, instant
transfer, giropay or SEPA direct debit. If the participant is more than 14 days late in purchasing a
course, WE-THREE GMBH is entitled to cancel the course extraordinarily. WE-THREE GMBH is also
entitled to make the outstanding amount due immediately.
(2) If a course that has already been booked is canceled by WE-THREE GMBH or by the tutor in
agreement with the participant, or if the lesson cannot take place for given reasons, the fee paid for
this course in the amount booked will automatically remain in the account of the participant be
credited to the participant. In the case of a credit in the form of a voucher, a refund of the amount
is therefore excluded.
9. Dashboard
(1) WE-THREE GMBH provides the participants with a dashboard. With this dashboard, participants
have access to the courses they have purchased. The dashboard builds up statistics for the
participants with completed courses and upcoming courses.
(2) The participants have access to the certificates via the dashboard, which are made available after
the successful completion of the course.
(3) The participant can use the dashboard to manage the online tutoring courses booked by the
participant. This dashboard cannot be viewed by WE-THREE GMBH and is used by the participants
to provide an overview and management of the online tutoring courses they have taken.
10. Certificate
(1) The online tool Abetare.eu provides the participants with a certificate in the dashboard after each
successful completion of a course. These certificates are automatically created by an online
generator and made available to the participants. The certificates serve as a participation document
for the participants and are not guaranteed by schools, universities and institutions. WE-THREE
GMBH is not liable for the certification of the acquired certificates.
(2) The participant can request a copy of the content of the booked course if this is provided by the
relevant tutor. Prerequisite for this content is the participation in the course has been made and has
been fully completed.
The tutors are entitled to refuse a copy of the course content to the participants if this is not desired
by WE-THREE GMBH or the tutor.
(3) The requests can be made to the tutor via the chat portal in the online tool.
(4) The certificates are made available on the dashboard after the course is completed and are also
available under the Certificates tab and can be downloaded as a PDF file.
11. Duration
The participants are not bound to a fixed term. Participation in the online tutoring courses is subject to
a fee and can be purchased individually for each individual course. The participants are voluntarily
determined to take the number of courses. The participants are obliged to keep the dates of the video
conferences. The participants are not entitled to claim back missed appointments as credit.
12. Cloud
(1) WE-THREE GMBH makes the participant available in a cloud in the online tool. In the cloud, the
participants can find: the dashboard with the online tutoring courses they have taken and the results
worked out there, the news portal, the certificates they have completed, the invoices and the wish
list for further online tutoring courses. These are stored and can therefore be understood by
authorized users at any time.
(2) The participants have free access to the cloud. A registered user account in Abetare.eu is required.
13. Satisfaction and Feedback
(1) WE-THREE GMBH is constantly trying to optimize improvements in the online tool. After each
completed course, the participants can submit a review about the course and the tutor. The
participants can also express their wishes for further courses.
(2) In order to exercise satisfaction and feedback, it is sufficient if the participants send a message via
the contact form with the note, satisfaction and feedback.
(3) The review is not a money-back guarantee. Participants are not entitled to a refund of amounts
already debited.
(4) The reviews do not apply to promotions or discount codes.
14. Cancellation and Postponement of Online Tutoring Courses
(1) The participants cannot cancel booked appointments for online tutoring, live session appointments
can only be postponed to a later date. Appointments already booked can be postponed free of
charge up to 24 hours before the agreed appointment for online tutoring, provided that the tutor
offers additional appointments. If postponed less than 24 hours before the agreed date, the online
tutoring course must be booked again for the participant, unless the participant is not at fault.
(2) In agreement with the tutor and the participant, WE-THREE GMBH can postpone, cancel or change
the duration of online tutoring courses.
15. Set-off/right of retention
(1) Der/Die Teilnehmer:in kann gegenüber Forderungen von WE-THREE GMBH nur mit rechtskräftig
festgestellten oder unbestrittenen Forderungen aufrechnen. Auf demselben Vertragsverhältnis
beruhende Gegenforderungen bleiben hiervon unberührt.
(2) Zur Geltendmachung eines Zurückbehaltungsrechtes ist der/die Teilnehmer:in nur insoweit befugt,
als sein Gegenanspruch auf dem gleichen Vertrag beruht und unbestritten oder rechtskräftig
festgestellt ist.
16. Haftungsbeschränkung und Gewährleistung
(1) WE-THREE GMBH gives no warranty or guarantee for the learning success as a result of the online
tutoring by the respective tutor.
(2) WE-THREE GMBH is liable within the framework of the statutory provisions for damages in the event
of intent and gross negligence. In the event of simple negligence, WE-THREE GMBH is only liable,
subject to statutory limitations of liability...
• for damage resulting from injury to life, limb or health,
• for damages resulting from the breach of a material contractual obligation (obligation, the
fulfillment of which is essential for the proper execution of the contract and on the
observance of which the participant regularly relies and may rely); in this case, however,
the liability of WE-THREE GMBH is limited to compensation for the foreseeable, typically
occurring damage.
(3) The limitations of liability resulting from Section 16.2 also apply to breaches of duty by persons
whose fault WE-THREE GMBH is responsible for according to statutory provisions. They do not apply
if a defect has been fraudulently concealed or a guarantee has been assumed and for claims by the
participants under the Product Liability Act.
17. Copyright
All rights to the results created by WE-THREE GMBH and commissioned third parties in connection with
online tutoring, in particular to concepts, methods, exercises and techniques of (online or direct) tutoring
or seminars by WE-THREE GMBH, remain with WE THREE GMBH. They may only be used by the
participant on the basis of a non-exclusive right of use for purposes covered by the provision of services.
It is not permitted to make these available to third parties for a fee or free of charge - not even in a
modified form. The production or publication of audio or video recordings of online tutoring is
prohibited.
18. Privacy
WE-THREE GMBH ensures that all data protection regulations, in particular those of the General Data
Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), are observed in connection
with the provision of services. Further information on data protection can be found at
https://www.abetare.eu/privacypolicy/
19. Applicable Law; Place of fulfillment; place of jurisdiction; severability clause; dispute resolution
(1) German law applies to all legal relationships between the participant and WE-THREE GMBH, to the
exclusion of the UN Sales Convention.
(2) Place of fulfillment is Cologne. If the contractual partner is a merchant, a legal entity under public
law or a special fund under public law, the place of jurisdiction for all disputes arising from this
contract is Cologne.
(3) Should individual provisions of the contract, including these General Terms and Conditions, be or
become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The
wholly or partially ineffective regulation should be replaced by a regulation whose economic success
comes as close as possible to that of the ineffective one.
(4) The European Commission provides a platform for online dispute resolution (OS) at
http://ec.europa.eu/consumers/odr/21. Our email address is: info@abetare.eu. WE-THREE GMBH
is neither obligated nor willing to participate in a dispute settlement procedure under the Consumer
Dispute Settlement Act (VSBG).
20. Instructions on the right of withdrawal
If the participant is a consumer, he/she has a right of withdrawal in accordance with the statutory
provisions. WE-THREE GMBH informs about the right of withdrawal in the following according to the
legal model:
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The
cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must inform us (We-Three GmbH, Hansekai 3, 50735
Cologne, email: info@abetare.eu) by means of a clear statement (e.g. a letter sent by post, fax or email).
inform you of your decision to withdraw from this contract. To meet the cancellation deadline, it is
sufficient for you to send the communication regarding your exercise of the right of cancellation before
the cancellation period has expired.
Consequences of the revocation:
If you revoke this contract, we have paid you all payments that we have received from you, including the
delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a
different type of delivery than the cheapest standard delivery offered by us have), immediately and at
the latest within fourteen days from the day on which we received the notification of your cancellation
of this contract. For this repayment, we use the same means of payment that you used in the original
transaction, unless something else was expressly agreed with you; under no circumstances will you be
charged fees for this repayment. If you have requested that the service should begin during the
cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the
services already provided up to the point in time at which you informed us of the exercise of the right of
cancellation with regard to this contract compared to the total scope of the services provided for in the
contract.
