1.1 These General Terms and Conditions (hereinafter referred to as GTC) apply to the performance of contracts for services offered by medudy GmbH, Nobistor 16, 22767 Hamburg, Germany, authorized representatives: Felix Leimer, Felix Stockmar, Lucas Amadeus Krauße (hereinafter referred to as medudy or we ).
1.2 The Terms and Conditions shall apply to all participants (hereinafter referred to as Customer or you) of the aforementioned services, regardless of whether they register personally and bear the costs or 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 GTC shall also be included for the ongoing business relationship upon the first conclusion of the contract, without any additional inclusion being required.
1.3 Some functions and content are available to the customer free of charge. Services that are subject to a charge are clearly identified as such and can be used against payment of the respective fees or prices provided.
2.2 After submitting the completed registration form, the customer will receive an automatically generated e-mail, which is provided with a hyperlink through which he/she can authenticate him/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.
3.1 free use
The conclusion of the contract regarding a free use of the website of medudy takes place in the context of the registration, 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 make a binding offer to purchase the products/services in the shopping cart. The order can only be sent if you confirm beforehand that you have read and accept these General Terms and Conditions by placing a check mark.
b. After submitting your order, you will receive an e-mail confirmation from the system that we have received the order. This e-mail only serves to summarize the order details and does not yet represent acceptance by us. The contract between you and medudy is only through 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. A contract is not concluded for the unavailable product.
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 first confirm that you have read and accept these General Terms and Conditions by placing a check mark.
b. After submitting your offer, you will receive an e-mail confirmation from the system that we have received the order. This e-mail only serves to summarize the order details and does not yet represent acceptance by us. The contract between you and medudy is only through a separate declaration of acceptance on our part, which is sent as an order confirmation by e-mail.
4.1 medudy primarily offers on-demand videos for independent work through and further training. The content is available to customers depending on the contract concluded and can be accessed by them online.
4.2 For certified courses, it is possible to take a test online after working through the training videos and thus obtain 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 contents, the applicable statutory provisions and the recognized rules of technology.
4.4 medudy reserves the right to change speakers/lecturers and the program schedule for live events, as long as this does not fundamentally change or jeopardize the goal of the event.
4.5 There is no entitlement to have an event held by a specific speaker. Even if events are planned or announced as face-to-face events, they may also be switched 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 can only be held at a disproportionately high cost. The customer shall only have a special right of termination in such cases if it would be technically impossible and thus unreasonable for the customer to use this type of event.
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 check by so-called virus scanners by the customer is mandatory. medudy assumes no liability for damages caused by defective software and / or consequential damages.
5.3 Certain content requires customers to install specific necessary 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 hyperlink 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 software that may be necessary for the content is required in the latest version.
6.1 The Customer is responsible for the information given 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 ABG and applicable laws and regulations, including the General Data Protection Regulation (EU-DSGVO).
6.2 The Customer warrants that all information provided to medudy is accurate and complete in all respects. The customer is not allowed to lend, sell, make available in any form or market medudy's information and services, in part or in whole, to third parties other than the users, without medudy's prior written consent.
6.3 The obligation to pay the costs by the customer remains regardless of the rate of use of the services of medudy by customers and users.
7.1 Invoices are mainly sent by e-mail or are available in the respective user profile. Invoice amounts include the applicable sales tax, unless explicitly stated otherwise. Invoices from medudy must be paid within 14 days, unless otherwise agreed.
7.2 If no payment on account has been agreed, the amount shall be due immediately after conclusion of the contract and shall be paid in advance by credit card or via payment methods offered by us.
7.3 The fees for a concluded subscription are to be paid monthly in advance via 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 services offered 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 is thereby released from paying its outstanding invoices.
8.1 Consumers shall have a right of revocation in accordance with the statutory provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. The right of withdrawal exists in accordance with the statutory provisions. The right and its consequences shall be formally instructed and informed separately in the written individual contracts, and an optional sample for the declaration of revocation shall be provided.
8.2 If the right of revocation is exercised, compensation shall be paid for any benefits already derived. This is based on the progression of the event and relates to the total price of the product/service.
8.3 The customer is free to prove that the saved expenses are higher than in the cancellation costs flat rate or stated by medudy.
9.1 The statutory provisions shall apply vis-à-vis consumers.
9.2 The following applies vis-à-vis entrepreneurs:
a. The warranty period is 12 months.
b. medudy is liable for intent and gross negligence according to the statutory provisions. For ordinary negligence medudy is liable only in case of breach of a so-called cardinal obligation (i.e. such a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely) and 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. The liability of medudy in the event of a breach of so-called "cardinal obligations" (see b.) is limited to the contract-typical, foreseeable damage, if this was caused by simple negligence. This does not apply if it is a claim for damages due to injury to life, limb or health.
9.3 medudy will provide the platform uninterrupted as far as possible. Due to maintenance work or disruptions outside the responsibility of medudy, minor interruptions may occur. Claims from this do not exist, provided that the trouble-free usage time is at least 90%. About maintenance work and its duration medudy will inform the customer in good time (no later than 3 days) in advance.
10.1 The termination and/or deletion of free accounts is possible at any time without notice.
10.2 Ordinary termination of the contract is not provided for if specific terms have been agreed. Notice of termination must then be given with one month's notice before the end of the agreed term. If notice of termination is not given or not given in time, the term shall be automatically extended for an indefinite period and may be terminated with one month's notice.
Medudy offers the possibility to exchange and interact with other users, in particular to ask or answer questions under the videos of medudy. In doing so, various information (surname, first name, job title) becomes visible to other users.
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 in the Service, the Platform and all Online Learning Materials shall remain exclusively with medudy and/or its licensors. No transfer of copyright or Intellectual Property Rights shall take place in any way through these T&Cs. The customer is not allowed to reproduce, redistribute and/or otherwise use or make public medudy's software and/or content without obtaining written consent from medudy.
12.3 If the customer uploads contributions / information on the platform, he 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 such an infringement.
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 the local and international jurisdiction.
14.1 medudy does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
14.2 medudy reserves the right to change these Terms and Conditions for factual reasons (e.g. due to changes in the legal situation or its own offer, technical developments, etc.). This applies in particular when new offers of medudy require new regulations.
14.3 The amended GTC shall be sent to the Customer in advance by e-mail or by means of another suitable form. If the User does not object to the amended GTC within four weeks, they shall be deemed accepted. In the case of an objection, medudy can block the user account of the user, whereby payments already made will be refunded or discontinued proportionately to the remaining term. medudy will point out these legal consequences separately in the email with the amended GTC.
Model cancellation policy for contracts concluded away from business premises and distance contracts with the exception of contracts for financial services
(Reference: BGBl. I 2013, p. 3663 - 3664)
You have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the date of conclusion of the contract.To exercise your right of withdrawal, you must notify us (Medudy GmbH, Nobistor 16, 22767 Hamburg, firstname.lastname@example.org) by means of a clear statement (eg a letter sent by mail or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
If you want to cancel the contract, please fill out this form and send it back.