General Terms and Conditions
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as GTC) apply to the execution of contracts for the services offered by medudy GmbH, Nobistor 16, 22767 Hamburg, Germany, Managing Directors authorized to represent: Felix Leimer, Felix Stockmar, Lucas Amadeus Krauße (hereinafter referred to as medudy or we ).
1.2 The terms and conditions apply to all participants (hereinafter referred to as the customer or you) of the aforementioned services, regardless of whether they register personally and bear the costs or whether the registration is made by third parties, in particular invoice recipients. They apply to consumers as well as entrepreneurs and self-employed persons.
In business transactions with companies, these General Terms and Conditions are also included for the ongoing business relationship upon the first conclusion of the contract, without the need for additional inclusion.
1.3 Some functions and content are available to the customer free of charge. Paid services are clearly indicated as such and can be used against payment of the relevant fees or prices.
2. creation of a user account
2.1 The customer can create a simple user account with medudy free of charge. To do so, they must enter their e-mail address in the registration form, choose a password of their choice and accept these GTC and data protection provisions. The following data will be requested after successful verification of the account: first name, surname, date of birth, gender, position (student, assistant doctor, specialist), specialist area. Each customer may only register once. The customer must be of legal age to open a user account.
2.2 After submitting the completed registration form, the customer will receive an automatically generated e-mail containing a hyperlink that can be used to authenticate himself/herself/the e-mail address.
2.3 The customer is obliged to choose a sufficiently secure password and to keep it secret. As soon as the customer becomes aware or should have become aware that his password is accessible to a third party, he must change the password immediately.
3. conclusion of contract
The contract between the customer and medudy is concluded online via the medudy website.
3.1 Free use
The conclusion of the contract regarding the free use of the medudy website takes place during the registration process, when the customer confirms his registration.
3.2 Paid content
a. By clicking on the "buy" or "order with obligation to pay" button in the "shopping cart/checkout" area, you submit a binding offer to purchase the products/services in the shopping cart. The order can only be sent if you confirm that you have read and accept these General Terms and Conditions by ticking the box.
b. After placing your order, you will receive an e-mail confirmation from the system that we have received your order. This e-mail only serves to summarize the order details and does not constitute acceptance by us. The contract between you and medudy is only concluded by a separate declaration of acceptance on our part, which is sent as an order confirmation by e-mail.
c. If an ordered product/service is not available, we will inform you immediately. No contract will be concluded for the unavailable product.
3.3 Subscriptions
a. By clicking on the "subscribe" or "order with obligation to pay" button, you submit a binding offer to conclude the correspondingly selected subscription. The order can only be sent if you confirm that you have read and accept these General Terms and Conditions by ticking the box.
b. After submitting your offer, you will receive an e-mail confirmation from the system that we have received your order. This e-mail only serves to summarize the order details and does not constitute acceptance by us. The contract between you and medudy is only concluded by a separate declaration of acceptance on our part, which is sent as an order confirmation by e-mail.
4. implementation
4.1 medudy primarily offers on-demand videos for independent study and further training. The content is available to customers depending on the contract concluded and can be accessed online.
4.2 For certified courses, it is possible to take a test online after working through the training videos and thus receive CME points. The CME points collected in this way are reported by medudy to the relevant medical association.
4.3 The event/training shall be carried out in accordance with the published program content, the applicable statutory provisions and the recognized rules of technology.
4.4 medudy reserves the right to change speakers/lecturers and to change the program schedule for live events, provided that this does not fundamentally change or jeopardize the objective of the event.
4.5 There is no entitlement to an event being held by a specific speaker. Even if events are planned or announced as face-to-face events, they can also be converted to and held online. This applies in particular if face-to-face events cannot be held at the planned location due to legal requirements or official regulations, or only at disproportionately high expense. In such cases, the customer shall only have a special right of termination if it would be technically impossible and therefore unreasonable for the customer to use this type of event.
5. provision of content
5.1 medudy provides certain content on servers/root servers or other storage space. medudy assumes no guarantee or liability claims with regard to the availability, functionality or security of these devices. The terms of use of the providers must be observed.
5.2 All files provided are carefully checked for functionality and freedom from harmful software content. For the download and/or use of such content, the customer is obliged to carry out a check using a virus scanner. medudy accepts no liability for damage and/or consequential damage caused by defective software.
5.3 Certain content requires customers to install specific software (e.g. a document provided in PDF format requires the use of PDF software for viewing). In certain cases, hyperlinks to the providers' websites are then offered. The use of the hyperlinks does not give rise to any legal claim against medudy, in particular medudy assumes no liability for the software/content offered by the third-party provider. The latest version of any software required for the content is necessary.
6 Obligations of the customer
6.1 The customer is responsible for the information provided to medudy, the use of the services and the confidentiality of the access information. The customer agrees to use the services within the limits of the provisions of the contract, the GTC and the applicable laws and regulations, including the General Data Protection Regulation (EU GDPR).
6.2 The Customer warrants that all information provided to medudy is accurate and complete in all respects. The Customer is not permitted to lend, sell, make available in any form or market the information and services of medudy in part or in whole to third parties, other than the users, without the prior written consent of medudy.
6.3 The obligation to pay the costs by the customer remains irrespective of the rate of use of medudy's services by customers and users.
7 Payment and fees
7.1 Invoices are primarily sent by email or can be accessed in the respective user profile. Invoice amounts include the applicable value added tax, unless explicitly stated otherwise. Invoices from medudy must be paid within 14 days, unless otherwise agreed.
7.2 If payment on account has not been agreed, the amount is due immediately after conclusion of the contract and must be paid in advance by credit card or via the payment methods offered by us.
7.3 The fees for a subscription are payable monthly in advance using the means of payment offered by us.
7.4 If the customer does not meet his payment obligation (on time), medudy can block access to the offered services after prior reminder to the customer. In case of non-payment, medudy is also entitled, after prior reminder, to terminate the contract with the customer immediately without notice, without the customer being released from paying his outstanding invoices.
8. revocation
8.1 Consumers are entitled to a right of withdrawal in accordance with the statutory provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. The right of withdrawal exists in accordance with the statutory provisions. Separate formal instructions and information about the right and its consequences are provided in the individual written contracts, as well as an optional template for the declaration of withdrawal.
8.2 If the right of withdrawal is exercised, compensation must be paid for any benefits already derived. This is based on the progress of the event and relates to the total price of the product/service.
8.3 The customer is free to provide proof that the saved expenses are higher than the flat-rate cancellation costs or those stated by medudy.
9 Warranty Liability
9.1 The statutory provisions apply to consumers.
9.2 The following applies to entrepreneurs:
a. The warranty period is 12 months.
b. medudy is liable for intent and gross negligence in accordance with the statutory provisions. medudy is only liable for simple negligence in the event of a breach of a so-called cardinal obligation (i.e. a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely) as well as for damages resulting from injury to life, limb or health. The same applies to breaches of duty by a legal representative or vicarious agent of medudy.
c. In the event of a breach of so-called "cardinal obligations" (cf. b.), medudy's liability is limited to the foreseeable damage typical for the contract if this was caused by simple negligence. This does not apply in the case of claims for damages due to injury to life, body or health.
9.3 medudy will make the platform available without interruption as far as possible. Minor interruptions may occur due to maintenance work or disruptions outside medudy's area of responsibility. There are no claims arising from this, provided that the disruption-free usage time is at least 90%. medudy will inform the customer about maintenance work and its duration in good time (at the latest 3 days) in advance.
10. term and termination
10.1 Free accounts can be terminated and/or deleted at any time without notice.
10.2 Ordinary termination of the contract is not provided for if certain terms have been agreed. Notice of termination must then be given one month before the end of the agreed term. If notice of termination is not given or not given in good time, the term is automatically extended indefinitely and can be terminated with one month's notice.
10.3 Both parties reserve the right to terminate the contract for good cause (extraordinary termination). A special reason justifying extraordinary termination by medudy exists if the customer intentionally or grossly negligently violates the obligations arising from the contract, the GTC or the terms of use. This includes in particular: if payment is not made or not made on time, the joint lessons are disrupted or other legal regulations are violated.
11 Term and termination
Medudy offers the possibility to exchange and interact with other users, in particular to ask and answer questions under the medudy videos. Various information (surname, first name, job title) is visible to other users.
12. copyrights
12.1 We have copyrights to all images, films and texts published on our website. Use of the images, films and texts is not permitted without our express consent. The same applies to the learning materials provided.
12.2 All copyrights and intellectual property rights to the service, the platform and all online learning materials remain exclusively with medudy and/or its licensors. No transfer of copyright or intellectual property rights takes place in any way through these GTC. The customer is not permitted to reproduce, pass on and/or otherwise use or make public the software and/or content of medudy without having obtained a written declaration of consent from medudy.
12.3 Insofar as the customer uploads contributions/information to the platform, the customer guarantees to be the author or to have the necessary rights of use. If medudy detects a violation of this, medudy is entitled to delete the data. The customer indemnifies medudy from all claims of third parties in the event of such an infringement.
13 Applicable law and place of jurisdiction
13.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
13.2 If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of medudy. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
14. final provisions
14.1 medudy does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
14.2 medudy reserves the right to change these GTC for objective reasons (e.g. due to changes in the legal situation or its own offer, technical developments, etc.). This applies in particular if new offers from medudy require new regulations.
14.3 The amended GTC shall be sent to the customer in advance by e-mail or in another suitable form. If the user does not object to the amended GTC within four weeks, they are deemed to have been accepted. In the event of an objection, medudy can block the user account of the user, whereby payments already made will be refunded or discontinued in proportion to the remaining term. medudy will point out these legal consequences separately in the e-mail with the amended GTC.
Model withdrawal notice for contracts concluded away from business premises and for distance contracts with the exception of contracts for financial services
(Reference: BGBl. I 2013, p. 3663 - 3664)
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.the withdrawal period is fourteen days from the day of the conclusion of the contract.to exercise your right of withdrawal, you must inform us (Medudy GmbH, Nobistor 16, 22767 Hamburg, info@medudy.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form, but this is not mandatory; to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
If you wish to withdraw from the contract, please complete this form and send it back to us.