General Terms and Conditions of Business

1. Introduction
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Trala is operated by Learnfield GmbH (hereinafter referred to as “Learnfield”), with its registered office at Karl-Marx-Allee 82, 10243 Berlin. Trala is an online learning system with which you can learn to play the violin in a simple and efficient way. It can be used via Apple and Android devices (in the following “Trala”). By registering with Trala, you (hereinafter “User”) agree to these General Terms and Conditions (hereinafter “GTC”). Upon completion of the registration, the contract between the user and Learnfield shall become effective. Please read these GTCs carefully as they form the legal framework for the use of Trala. Trala offers some contents free of charge, but is in principle not a free offer. Services which are offered for a fee are clearly identified and explained as such on www.Trala.com. The learning contents are professionally produced and free of advertising. Fees are necessary to ensure a high standard of technology and learning quality. Fees never arise for the user without explicit reference. Neither for trial use nor by registration fees are charged. Please also have a look at our privacy policy.
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2. Scope of Application, Definitions

2.1 Trala shall exclusively address private individuals or consumers of full age. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. Use by minors without the consent of their legal guardians or by tradesmen is not permitted. Learnfield therefore reserves the right to delete all data of minors or commercial users. The GTC shall apply to all such adult and non-commercial users of Trala and equally to free and paid offers from Trala.

2.2 In the event that you purchase Trala from the Apple iTunes or the Google Play Store, you shall enter into an agreement with Apple or Google and their respective terms of use and payment shall apply. Please note that in this case you must also contact Apple or Google if you wish to revoke or cancel your agreement.

3. Registration and Conclusion of Contract
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3.1 Each user may only register once. The User undertakes to fill in the fields provided in the registration form completely and truthfully.

3.2 The contract for the use of Trala between the User and Learnfield shall be concluded by the User completing the registration form, accepting the GTC and data protection agreement of Learnfield and clicking on the corresponding button.

3.3 Learnfield shall send the User an automatic confirmation by e-mail after receipt of the registration. This e-mail contains a link which the user can use to verify that the e-mail address provided is correct. The user undertakes to carry out this verification. If this does not take place, Learnfield can restrict or prevent access to Trala at any time until the access has been verified.

3.4 Prices quoted on Trala shall be understood including the statutory value added tax valid at the time.

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4. Free Use of the Basic Content of Trala (Basic Contract)
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4.1 No costs are incurred by the user with the registration. The use of the contents of Trala provided for testing purposes shall be free of charge.

4.2 The user contract for the use of the free contents of Trala (basic contract) shall be concluded for an unlimited period of time and can be terminated by both parties at any time without notice if no services subject to a charge (“Premium Services”) are used.

4.3 In order to terminate the Basic Contract, the User must inform Learnfield informally of his wish to terminate the contract by using one of the contact options available (e.g. e-mail or contact form).

4.4 The user account will be deleted after termination of the basic contract.

4.5 Basic contracts can be terminated by Learnfield at any time without giving reasons.

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5. Services Subject to Fees (Premium Contract)
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5.1 Fees shall be due for unrestricted access to all learning content of Trala (premium service) if this is shown and the user orders or books this separately.

5.2 A subscription (premium contract) shall be concluded for the use of premium services.

5.3 Premium contracts or subscriptions are concluded for a fixed or specific term. The remuneration or the invoice amount is due for the entire term of the subscription upon conclusion of the contract. The term of the subscription is automatically renewed repeatedly for the agreed term, unless the User terminates his contract before the end of the term, or the subscription is a lifetime subscription. For the extension periods, the remuneration will also be payable in advance. All contracts may be terminated up to or at the end of the respective term.

5.4 Billing type, price and term of the premium contracts are listed in the offer and are fully summarized before the order is completed. The contract for the purchase of premium services is concluded by clicking on the corresponding button.

5.5 In order to terminate the premium contract, the User can click on a correspondingly named link under the menu item “Account Settings”. He will then be asked to confirm the termination. The User will then receive an e-mail confirming the termination.

5.6 The right to terminate for good cause remains unaffected.

5.7 Learnfield is entitled to terminate premium contracts at any time without giving reasons to the end of their contract period.

6. Terms of Payment ‍

6.1 Usage fees for premium services are due for payment in advance of each accounting period.

6.2 The User may make the payment via the payment methods listed in detail on the Website, such as credit card or SEPA direct debit.

6.3 Invoices can be requested at any time using all available communication channels (for example, an e-mail to info@trala.com). Please indicate the e-mail address under which you are registered with Trala.

6.4 In the event of payment by direct debit, the debit from your bank account will be ordered within the next two bank working days after ordering or renewing the subscription and will thus become due.

6.5 In the case of payment by SEPA direct debit, a shortened advance notice period of 3 calendar days shall apply.

7. Right of Withdrawal for Consumers | Cancellation policy
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You have the right to revoke your premium contract within 14 days without giving reasons. The revocation period is 14 days from the day of contract conclusion. This applies only to the first 14 days and not to recurring payments which are part of the contract. To exercise your right of revocation, you must inform us (Learnfield GmbH, Karl-Marx-Allee 82, 10243 Berlin, Germany, e-mail: info@trala.com) by means of a clear statement (e.g. by e-mail or by using the contact form on our website) 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. If you revoke this agreement, we must reimburse you for all payments that we have received from you immediately and at the latest within 14 days from the day on which we receive the 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 otherwise expressly agreed with you, and in no event will we charge you for this refund.

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8. Content and Availability of our Services and Liability
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8.1 Learnfield shall endeavor to ensure the proper operation of Trala at all times. However, Learnfield does not guarantee uninterrupted availability.

8.2 Learnfield uses up-to-date and generally used technologies for its service. In order to be able to use the Learnfield service to the full extent, the user must also use these technologies (e.g. current browser technologies) or enable their use on his computer (e.g. activation of Java Script, cookies, pop-ups). If older technologies or technologies which are not generally in use are used, the User may only be able to use Learnfield’s services to a limited extent.

8.3 Claims by the User for compensation are excluded unless otherwise provided for below. This does not apply to claims for damages by the User arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) and liability for other damages which are based on an intentional or grossly negligent breach of duty by Learnfield, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract. A “cardinal obligation” or “essential contractual obligations” are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

8.4 In the event of breach of material contractual obligations, Learnfield is only liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the User’s claims for damages are based on injury to life, body or health.

8.5 The restrictions in paragraphs 8.3 and 8.4 also apply in favour of Learnfield’s legal representatives and vicarious agents if claims are made directly against them.

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9. Copyrights, Name and Trademark Rights, Property Rights
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All texts, images, musical notations, cover arts, musical compositions and other works distributed through our website or our applications are subject to industrial property rights. Any use beyond the scope of the services provided requires the prior consent of Learnfield.

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10. Final Provisions
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10.1 Contracts between Learnfield and the User are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

‍ 10.2 The parties exclude the application of the conflict of laws rules of private international law insofar as these lead to the exclusive application of other legal systems.

‍ 10.3 If the User is not domiciled in Germany, the place of jurisdiction shall be the registered office of Learnfield.

‍ 10.4 The remaining parts of the General Terms and Conditions shall remain binding even if individual points are legally ineffective.

‍ 10.5 Learnfield reserves the right to amend these General Terms and Conditions without stating reasons insofar as this is necessary due to changes in the services of Learnfield, the scope of Trala or due to legal changes or technical developments. This shall apply in particular if new offers from Learnfield require new regulations. The User shall be notified of changes to the GTC relevant for the User by e-mail or by a corresponding note when using Trala. If the User does not object to the amended GTC within six weeks, they shall be deemed to have been accepted. In the event of an objection, Learnfield may block the user account of the User, in which case payments already made shall be reimbursed pro rata in relation to the remaining term. Learnfield will make separate reference to these legal consequences in the e-mail containing the amended General Terms and Conditions.