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By placing an Order for SAP Trainings you confirm your consent to the following terms and conditions:

  1. DEFINITIONS AND INTERPRETATION

    1. “Agreement” means these terms and conditions and the Order accepted by SAP.
    2. “Customer” means the individual or company submitting an Order to SAP.
    3. “Course” means classroom training delivered live either physically in person or virtually via the internet.
    4. “Online Training Material” means training materials provided via online access.
    5. “Order” means either the registration form or an email which the Customer submits to SAP to procure the Training Event.
    6. “SAP” means SAP Deutschland SE & Co. KG
    7. “Training Services” refers to the training service that is contractually agreed and described in more detail in the Worldwide Retail training curriculum valid at the time of the contract conclusion.
    8. “Training Materials” refers to the documents with the contents and instructions that are provided by SAP at its discretion, in order to support the training services that are a component of this contract.
    9. “Training Event” means either a Course or Online Training, or both.

  2. BASIS OF ORDER

    1. An Order constitutes an offer by Customer to participate in the Training Events specified in the Order subject to these terms and conditions. Such offer shall not be deemed to be accepted by SAP unless SAP expressly confirms its acceptance (rather than an acknowledgment of receipt of Order) in writing or by email to the Customer.
    2. The terms and conditions of this Agreement shall apply to the exclusion of any other terms and conditions on which the Order is made or purported to be made by the Customer.
    3. No variation to the Agreement or these terms and conditions shall be binding unless agreed in writing between the authorized representatives of SAP and the Customer. For the avoidance of doubt, it is confirmed that no variation to the Agreement or these terms and conditions agreed via telephone shall be binding unless confirmed by SAP in writing and not disputed by Customer within seven (7) calendar days of the date of such confirmation.

  3. REGISTRATION AND DATES

    1. SAP shall be entitled to refuse the provision of any Training Event where:
      1. such Training Event is fully booked; or
      2. such Training Event is cancelled.
    2. In the above cases, SAP shall advise Customer as soon as practicable, offering Customer a suitable alternative date or Training Event, as appropriate. Where no suitable alternative date and/or Training Event can be found SAP shall return to Customer any payment it has made to SAP for the Training Event.

  4. PRICE AND PAYMENT

    1. The price of the Training Event shall be as stated in the then current Worldwide Retail training curriculum plus the applicable statutory value-added tax (VAT).
    2. All standard published Training Event fees are on a per student basis. For Courses, these fees include the price for instruction, online access to Training Materials and (only for in person classroom training) lunch at SAP.
    3. Parking fees, if any, are not included in the Course price.
    4. Provided that the full Course material has been covered, there will be no refund of the price of the Course, either in whole or in part, should the Course finish earlier than originally scheduled.
    5. SAP offers payment by bank transfer.

  5. TRAVEL COSTS AND EXPENSES

    1. Course participants must make their own arrangements for accommodations. A list of hotels can be provided. Any information is provided solely for convenience. SAP does not control, promote, endorse, or assume any liability of any kind for or relating to any aspect of the services provided by any hotels, including, without limitation, their shuttle bus or other transportation services or the acts or omissions of their officers, employees, contractors, or other agents. Any use of hotel services including, without limitation, their shuttle bus or other transportation is at the discretion of the Customer and solely a relationship between the Customer and the hotel or transportation provider. In no event, including where Courses are cancelled pursuant to the contractual agreements, will SAP be liable for any accommodation costs.

  6. PREREQUISITES / CUSTOMER RESPONSIBILITIES

    1. SAP reserves the right to exclude a participant from attending any Training Event due to disorderly conduct, failure to observe any of SAP's rules of participation, in particular SAP’s house rules or failure to attend the prerequisite class or classes for a particular Course. No refund of fees shall be paid to Customer in such circumstances.
    2. Customer shall ensure that all Training Event participants fulfil any and all of the Training Event prerequisites as communicated by SAP. SAP reserves the right to exclude any participant who does not fulfil such prerequisites. No refund of fees shall be paid to Customer in such circumstances.
    3. If special physical access is required for people with disabilities during the Course, please notify SAP by sending an email to SAP_for_Retail_Education_St.Ingbert@sap.com at least fourteen (14) calendar days in advance of the Course in order to allow SAP to assess the requirements.
    4. All SAP facilities are non-smoking environments. Designated smoking areas are provided. If nonsmoking restrictions are violated, the offending participant may be excluded from attending the Course. No refund of fees shall be paid to Customer in such circumstance.
    5. It is strictly prohibited for the Customer or the participants to tape or digitally record and/or rebroadcast audio or video of any Training Events.

  7. CANCELLATION

    1. SAP reserves the right to cancel any Training Event giving reasonable notice on legitimate reason and SAP shall inform Customer of such cancellation and offer Customer an alternative Training Event option or a full refund of the price paid for the Training Event or, for Courses, an alternative Course date, at SAP’s sole discretion.
    2. Customer may cancel its registration for any Course provided that:
      1. no charge shall be made where notice of cancellation is received by SAP at least fifteen (15) calendar days prior to the start date of the Course;
      2. fifty percent (50%) of the price shall be charged where notice of the cancellation is received by SAP between seven (7) and fourteen (14) calendar days prior to the start date of the Course;
      3. the full price of the Course shall be charged where notice of cancellation is received within six (6) calendar days or less prior to the start date of the Course.
    3. SAP will confirm all cancellations or rescheduling requests by e-mail. If the Customer does not receive a confirmation of cancellation or rescheduling within five (5) calendar days of the request, the Customer should send an e-mail to SAP_for_Retail_Education_St.Ingbert@sap.com to reconfirm. Financial responsibility remains with the Customer for all fees unless a proper cancellation or rescheduling request is received and confirmed by SAP prior to the start of the Course.
    4. All cancellation fees will be charged to the same payment method (bank transfer). In the event that any payment details have changed, it is the Customer’s responsibility to provide SAP with updated details.

  8. LIABILITY

    1. SAP’s liability in contract, tort, and otherwise for loss including but not limited to wasted anticipatory expenditure, is subject to the following provisions:
      1. In cases of intent, SAP’s liability extends to the full loss; in cases of gross negligence, SAP’s liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care; in cases of absence of a guaranteed quality, SAP’s liability is limited to the amount of foreseeable loss that would have been prevented by the presence of the guaranteed quality.
      2. In other cases: SAP is not liable except for breach of a major obligation (Kardinalpflicht) and only up to the limits in the following subsection. A breach of a major obligation in the meaning of this section 8.1.2 is assumed where the duty itself is a necessary prerequisite for the contractual performance, or where the breach of the relevant duty jeopardizes the purpose of the contract and where Licensee could legitimately rely upon its fulfillment. Liability in cases under section 8.1.2 is limited to € 25,000 per incident and limited in total to € 50,000 for all claims arising out of the contract.
    2. Contributory fault and contributory negligence may be claimed. The limits of liability in section 8.1 do not apply to personal injury liability or liability under the German Product Liability Act (Produkthaftungsgesetz).
    3. For all claims against SAP in contract, tort, or otherwise for loss or wasted anticipatory expenditure the time bar comes into effect after a period of one year. That period begins at the point in time specified in the German Civil Code (BGB), section 199 (1). The foregoing provisions in this section notwithstanding, the time bar comes into effect not later than five years after the claim arises. The provisions in sentences 1 to 3 in this section do not apply to liability for intent or gross negligence, liability for personal injury, or liability under the German Product Liability Act.
    4. Special conditions for remote Courses: In the case of the Course being delivered remotely using the Customer's network infrastructure and the Citrix Secure Gateway to access SAP's standard training systems located at an SAP site, SAP will work with the Customer to ensure that adequate testing is carried out on Customer's network infrastructure prior to delivery of the Course. For the avoidance of doubt, if any changes are made to the Customer network infrastructure between the time of testing and the time of delivery of the Course, Customer shall be solely responsible for any resulting adverse effects on Course delivery. Customer also acknowledges that the Citrix Secure Gateway is an internet based connection method and as such SAP cannot be held liable for issues with routing, network usage, speed of connection, proxy server failure or any other issues arising from or within the Customer network or public webspace.

  9. DATA PROTECTION AND PRIVACY

    1. Information as to how SAP is using personal data where its acts as a data controller (e.g. of the Customer’s representative who executes the Order or where participants have to directly register themselves with SAP) can be found in the SAP Training and Adoption Privacy Statement at https://training.sap.com/about/legal/privacy.
    2. Where SAP is processing personal data on behalf of the Customer (e.g. where SAP is registering participants for a Training Event on behalf of the Customer), the terms of SAP’s Data Processing Agreement shall apply “PERSONAL DATA PROCESSING AGREEMENT FOR SAP CLOUD SERVICES” (“DPA”), which is made part of this Agreement and executed by the Customer and SAP by entering into the Order. The DPA is available for download at https://assets.cdn.sap.com/agreements/product-use-and-support-terms/dpa/personal-dataprocessing-agreement-for-sap-cloud-services-dach-english-v7-2020a.pdf  and can also be provided by SAP at the request of the Customer.

  10. INTELLECTUAL PROPERTY RIGHTS

    1. Between Customer and SAP, all title to and rights to the Training Services, Training Materials as well as any SAP software provided – vest in SAP and (its parent company) SAP SE exclusively, notably copyright and rights of authorship, rights to inventions, and other industrial property rights. Customer is granted a non-exclusive, time-unlimited usage right to use the Training Materials only for its own internal training purposes upon full payment of the fees. Customer is granted a non-exclusive, time-limited based on the length of the Training Event usage right to use the Training Services and any SAP software provided upon full payment of the fees, only for its own internal training purposes in order to participate in the Training Event.
    2. Under no circumstances may the whole or any part of the Training Services, Training Materials, or any SAP software provided be produced, shared or copied in any form or by any means or translated into another language without the prior written permission of SAP.
    3. Every person using Online Training Material or SAP Software must be licensed under these terms and conditions for accessing, downloading, or using the Online Training Material or SAP Software. Employees and others who have access to the Online Training Material or SAP Software must be informed of SAP's intellectual property and rights of authorship and their duty to conform to laws governing intellectual property rights. Customer shall carefully safeguard the Online Training Material and any Training Materials that has been made available to the Customer or Training Event participants, to prevent their misuse. Customer is permitted to use the Online Training Material, Training Materials and SAP Software only for its own internal training purposes and only for those who have licensed the relevant Training Services. The SAP Software, Training Services, Training Materials and Online Training Material are confidential and proprietary information of SAP and Customer agrees not to disclose this information to any third party or use such information except as expressly permitted herein.
    4. Customer may not copy or distribute Training Materials, Online Training Material, SAP Software download/online products, links, S-Users, or passwords, provided by download or online, among persons who do not have any usage rights.
    5. In the event Customer breaches a major obligation of this Agreement and fails to cure such breach within a reasonable time (in any case no more than ten (10) calendar days) after receipt of written notice from SAP, SAP shall be entitled to terminate this Agreement without notice as well as the rights of the Customer to use the Training Materials and SAP software provided under this Agreement. In the event of such a termination, the Customer shall immediately cease using these Training Materials and SAP software, and shall delete or destroy all copies of such, and provide SAP with written proof that such measures have been taken.

  11. AMENDMENT / UPDATE AND SUPPORT OF CONTENT

    1. SAP reserves the right to amend the content of any Training Event without notice to Customer to correct errors or where, at the sole discretion of SAP, such amendment is deemed not to fundamentally change the content of such Training Event. The Online Training may be updated with new products or new solution releases. The Customer's license is provided for the Online Training in effect at the time of Order placement. The Customer is not entitled to any future product releases but can elect to repurchase the new product for an additional fee.
    2. The Online Training does not include access to development or sandbox systems.

  12. NOTICES
    • Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing (communication by email is allowed in this case) and delivered by hand or sent by first class post and addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this  provision to the party giving the notice and shall be deemed received on actual receipt or three (3) calendar days after posting or within twenty-four (24) hours of transmission if sent by facsimile.

  13. SEVERABILITY
    • If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

  14. ENTIRE AGREEMENT
    • This Agreement constitutes the entire agreement between the parties in connection with its subject matter. No party has relied on any representation or warranty except as expressly set out in this Agreement and SAP and the Customer hereby agree to submit to the exclusive jurisdiction of the court of Germany in respect of any dispute in relation to this Agreement.

  15. GOVERNING LAW
    • German law applies exclusively to all claims in contract, in tort or otherwise, and the UN sales laws convention is excluded. Conflict-of-law rules do not apply. If Customer is a merchant within the meaning of the German Commercial Code (HGB), section 1, or a public-law juristic person or special fund, the sole place of jurisdiction for all differences arising out of or in connection with this Agreement shall be Karlsruhe.