Terms & Conditions
General Terms and Conditions (GTC)
1. Provider and Contractual Partner
The contractual partner for contracts concluded via the online shop is BWS-Education GmbH, represented by its managing directors Robin Bauer and Sandro Wolfram, Untere Bahnhofstrasse 9, 09380 Thalheim / Erzgebirge, Germany, registered in the Commercial Register of the Local Court of Chemnitz under HRB 33267, VAT identification number: DE140856997.
Contact for contractual matters: info@medplattform.com.
2. Scope of Application
These General Terms and Conditions apply to all contracts concluded via the online shop of BWS-Education GmbH with private users for the purchase and use of digital products on the Medplattform platform.
Separate contracts may apply to schools, educational institutions, practices, companies, other institutions, as well as organizational or team access. Such separate contracts shall take precedence over these GTC to the extent that they contain deviating provisions.
These GTC do not apply to functions that are provided exclusively within the framework of separate school, institutional or organizational contracts, in particular team zones, lecturer roles, upload functions or administrative functions for user groups.
3. Definitions
Digital products within the meaning of these GTC are the digital learning areas, content and functional areas offered via the platform, regardless of their specific designation, for example knowledge complexes, learning areas, boxes, specialist areas, content packages or comparable product modules.
Platform means the digital offering Medplattform, including the associated website, user accounts, learning content, learning paths, quizzes, videos, animations, specialist texts and other digital functions, insofar as these have been activated for the respective user.
User within the meaning of these GTC is the person who creates a user account or purchases digital products via the online shop for personal use.
4. Subject Matter of the Contract
The subject matter of the contract is the time-limited provision of access to the digital products selected by the user on the Medplattform platform.
The specific scope of services, the digital products activated in each case, the prices, the term and the payment intervals are determined by the respective product description and the ordering process.
The digital products serve the purpose of education, continuing education and training, as well as personal knowledge development in the medical, therapeutic, nursing or health-related field. No physical shipment is owed.
5. Registration and User Account
The use of the digital products requires the creation of a user account. The user is obliged to provide the mandatory information requested during registration completely and truthfully and to treat their access data confidentially.
The user account is personal. Disclosure of access data to third parties, use by several persons or transfer of the account to third parties is not permitted.
The user is obliged to inform the provider immediately if there are indications that unauthorized third parties have gained knowledge of their access data or that their user account is being misused.
For underage users, the consent of their legal representatives may be required for the conclusion of the contract.
6. Free Trial Access
The provider may provide free trial access. The trial access is limited to 24 hours and serves exclusively to allow users to get to know the platform and its content.
After expiry of the trial period, access to the content activated within the framework of the trial access ends automatically. The trial access does not automatically convert into a paid contract.
There is no entitlement to the provision of free trial access. The provider may adjust or discontinue the scope, availability and functions of the trial access at any time.
7. Conclusion of Contract in the Online Shop
The presentation of the digital products in the online shop does not constitute a legally binding offer, but rather an invitation to the user to place an order.
The user can select digital products, place them in the shopping cart and go through the ordering process. Before submitting the order, the user can check and correct their entries.
By clicking the button that clearly indicates an order subject to payment, for example "Order with obligation to pay", the user submits a binding offer to conclude a contract.
The contract is concluded when the provider accepts the order. Acceptance may take place in particular by order confirmation by e-mail, by payment confirmation or by activation of the ordered digital products in the user account.
The contract text is not necessarily stored by the provider in such a way that it remains permanently accessible to the user. However, the user receives confirmation of the order and can view the essential information relating to their order in the user account, in particular in the Orders or Receipts section.
8. Prices, VAT and Additional Costs
The prices displayed in the online shop at the time of the order shall apply. All prices displayed to consumers are gross prices including statutory VAT.
No shipping costs are incurred for digital products. Additional costs, processing fees or setup fees shall only be owed if they are expressly shown during the ordering process.
9. Payment Methods and Payment Processing
The payment methods available in the online shop are displayed to the user during the ordering process. Payment processing is carried out via the payment service providers integrated in each case, in particular PayPal and/or Mollie. Depending on availability and technical integration, various payment methods may be offered via these payment service providers. There is no entitlement to the use of a specific payment method.
The amount payable becomes due upon completion of the ordering process, unless otherwise stated during the ordering process.
If a payment fails, is reversed or a due amount cannot be collected, the provider may inform the user thereof and allow a renewed payment attempt. If payment remains outstanding, the provider is entitled to temporarily block or withdraw access to the affected digital products until the outstanding amount has been paid in full.
If a payment fails, a payment is reversed, or the provider incurs fees due to a chargeback or failed payment for which the user is responsible, the provider is entitled to charge the user the costs actually incurred and verifiable as a result. The user reserves the right to prove that no damage or significantly lower damage has occurred.
The provider's statutory rights, in particular the assertion of outstanding claims, remain unaffected.
10. Invoices and Receipts
For orders placed via the online shop, invoices or receipts are generally made available in the user account, in particular in the Orders or Receipts section.
For contracts concluded individually outside the online shop, invoices or receipts may be provided by other means, in particular by e-mail.
11. Provision and Activation
For orders placed via the online shop, the ordered digital products are generally activated in the user account immediately after successful payment or payment confirmation.
For contracts individually agreed outside the online shop, activation may be carried out manually and may depend on processing by the provider.
Access to digital products requires an active user account and effective activation of the respective digital product.
12. Booking Additional Digital Products
The user may book additional digital products during an ongoing contract term, provided that they are available in the online shop.
For additionally booked digital products, the prices, terms and billing conditions displayed in the respective ordering process shall apply. Activation generally takes place after successful payment or payment confirmation.
Deselection of individual digital products during an ongoing initial term is only possible if this is expressly provided for in the respective product or ordering process. In all other respects, the termination provisions of these GTC apply.
13. Term, Renewal and Termination
During the ordering process, the user can select an initial term or payment interval, in particular 1 month, 3 months, 6 months or 12 months. The applicable prices depend on the selected digital product and the selected payment interval.
During the selected initial term, ordinary termination with effect before expiry of the initial term is excluded, unless otherwise stated during the ordering process. However, the user may terminate the contract no later than 7 days before expiry of the initial term with effect at the end of the initial term. If no timely termination is made, the contract shall be renewed in accordance with the following provisions. The right to extraordinary termination for good cause remains unaffected.
After expiry of the selected initial term, the contract shall be renewed for an indefinite period. Billing shall continue in the originally selected payment interval, unless the user terminates the contract before expiry of the respective billing period. After renewal, the user may terminate the contract at any time with one month's notice. Fees paid in advance for periods after the end of the contract shall be refunded proportionately.
info@medplattform.comTermination may be declared via the termination function provided in the user account. Where legally required, the provider provides an easily accessible electronic termination option. Alternatively, the user may declare termination in text form to info@medplattform.com.
If the user does not specify a termination date when giving notice, the termination shall, in case of doubt, take effect at the earliest possible date.
Upon the termination becoming effective, access to the terminated digital products ends. Contract-related data shall subsequently be processed and deleted in accordance with the statutory requirements and the privacy policy, unless statutory retention obligations or legitimate reasons for further storage exist.
14. Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal in distance contracts.
The digital products offered via the platform are made available digitally and activated in the user account immediately after successful payment. The prerequisite for immediate activation is that the user expressly agrees during the ordering process that BWS-Education GmbH begins performance of the contract before expiry of the statutory withdrawal period. At the same time, the user must confirm that they are aware that their right of withdrawal expires upon the start of performance of the contract, at the latest upon activation of the digital products in the user account.
If the user gives this express consent and confirmation during the ordering process, the right of withdrawal expires upon the start of performance of the contract, at the latest upon activation of the digital products in the user account.
Without this express consent and confirmation, the digital products will not be activated immediately before expiry of the withdrawal period, unless otherwise agreed in an individual case.
15. Instructions on Withdrawal
Right of Withdrawal
If the right of withdrawal has not expired in an individual case in accordance with Section 14, the following right of withdrawal applies to consumers:
The user has the right to withdraw from the contract within 14 days from conclusion of the contract without giving any reason.
info@medplattform.comTo exercise the right of withdrawal, the user must inform BWS-Education GmbH, Untere Bahnhofstrasse 9, 09380 Thalheim / Erzgebirge, Germany, e-mail: info@medplattform.com, of their decision to withdraw from the contract by means of a clear statement, for example by e-mail or letter.
To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period expires.
If the user effectively withdraws from the contract, BWS-Education GmbH shall reimburse all payments received from the user for the withdrawn contract without undue delay and no later than within 14 days from the day on which BWS-Education GmbH received notification of the withdrawal. The same means of payment used by the user for the original transaction shall be used for the refund, unless expressly agreed otherwise.
16. Model Withdrawal Form
The user may use the following model withdrawal form for withdrawal. Use of the form is not mandatory.
info@medplattform.comTo:
BWS-Education GmbH
Untere Bahnhofstrasse 9
09380 Thalheim / Erzgebirge
Germany
E-mail: info@medplattform.com
I hereby withdraw from the contract concluded by me for the purchase of the following digital product / the following digital products:
Ordered on:
Name of the consumer:
Address of the consumer:
E-mail address:
Date:
Signature of the consumer, only if notified on paper:
17. Rights of Use and Prohibited Use
For the duration of the respective contract term, the provider grants the user a simple, non-exclusive, non-transferable and non-sublicensable right to use the activated digital products personally, privately and non-commercially for their own learning purposes.
Use is permitted exclusively by the respective user themselves. Use by third parties, joint use of an account, account sharing or disclosure of access data is prohibited.
Without the express consent of the provider, the contents of the platform may not be reproduced, downloaded, stored, printed, photographed, captured by screenshot, passed on, published, made publicly accessible, sold, rented, lent, edited, transferred to other systems or used for teaching, training, presentations, commercial purposes or other purposes of third parties. Acts that are mandatorily permitted by law or expressly provided for by a platform function remain permissible.
If the user notes content for purely private personal learning purposes or temporarily caches content for technical reasons, this must not result in third parties gaining access to the content. As soon as content is made accessible to third parties, this constitutes unauthorized use unless the provider has expressly consented.
Copyright notices, trademarks, logos, source references or other proprietary notices may not be removed, altered or rendered unrecognizable.
18. Violations of Usage Rules
In the event of violations of these GTC, in particular account sharing, unauthorized disclosure of access data, unauthorized disclosure or publication of content or other unlawful use, the provider is entitled to temporarily block the user's access, withdraw individual digital products or terminate the contract extraordinarily for good cause.
Further claims of the provider, in particular for injunctive relief, information and damages, remain unaffected.
19. Changes, Updates and Further Development of the Platform
The provider is entitled to further develop, update and adapt the platform and the digital products technically, visually, didactically and in terms of content, provided that this does not materially impair the contractually owed core benefit of the booked digital products.
There is no entitlement to the permanent availability of specific individual content, forms of presentation, functions or designations, unless these have been expressly agreed as an essential component of the respective product.
The user's statutory rights in the event of defects or service disruptions remain unaffected.
20. Availability and Technical Requirements
The provider endeavors to ensure the highest possible and trouble-free availability of the platform. However, constant and uninterrupted availability is not owed.
Temporary restrictions may arise in particular from technical disruptions, maintenance work, updates, security measures, further development of the platform or circumstances beyond the provider's control. Where possible, planned maintenance work will be carried out in such a way as to impair use of the platform as little as possible.
To use the platform, the user requires an internet-enabled device, for example a smartphone, tablet, laptop or PC, a stable internet connection and an up-to-date and common web browser. Individual functions, in particular multimedia or interactive content, may be restricted depending on the device, operating system, browser, screen size or internet connection.
The user is responsible for providing the technical requirements necessary to use the platform.
21. Medical Notice and Professional Responsibility
The digital products serve exclusively the purposes of education, continuing education and training, as well as general knowledge transfer. They do not replace individual medical, therapeutic, nursing or other professional advice, examination, diagnosis, treatment or therapy decision-making in individual cases.
The content is not to be understood as specific instructions for action for individual patients, clients or treatment situations. Professionals are obliged to take into account their professional qualifications, the applicable legal and professional standards and the individual situation of the patient or client on their own responsibility.
Users without the corresponding professional qualification may not use the content for independent diagnosis or treatment of illnesses, complaints or injuries. In the event of health complaints, qualified medical or therapeutic advice should be sought.
22. Learning Paths, Quizzes and Learning Success
The platform may contain learning paths, quizzes, interactive learning functions and comparable functions. These serve the purpose of knowledge consolidation, repetition and self-assessment.
Unless expressly stated otherwise for the respective digital product, no state-recognized, professional-law-recognized or otherwise officially recognized degrees, certificates, confirmations of participation or proof of qualification are owed.
The provider may in future offer individual products with confirmations of participation, certificates or additional evidence. In this case, the requirements specified in the respective product or in separate conditions shall apply.
23. Rights in the Event of Defects
The statutory rights in the event of defects for digital products shall apply insofar as they are applicable.
The user should inform the provider of any technical problems or other service disruptions as promptly as possible so that the provider can examine and remedy the disruption.
The user's statutory rights remain unaffected.
24. Liability
The provider shall be liable without limitation for damages arising from injury to life, body or health, as well as for damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
In the event of slightly negligent breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the user may regularly rely.
In all other respects, the provider's liability is excluded to the extent permitted by law.
Liability under the German Product Liability Act and mandatory statutory liability provisions remain unaffected.
The content provided on the platform is created and maintained with care. However, it serves exclusively general education, continuing education and training as well as professional information. The provider does not guarantee that the content provided is complete, up to date or suitable for a specific application in every individual case. In particular, the content does not replace individual medical, therapeutic, diagnostic or other professional assessment in an individual case.
Use of the content is the user's own professional responsibility. Decisions regarding diagnostics, therapy, treatment, advice or other practical applications must not be made solely on the basis of the platform content, but always require an independent assessment taking into account the specific situation, current professional standards and, where appropriate, additional suitable sources of information.
In all other respects, the provider's liability is excluded to the extent permitted by law.
Liability under the German Product Liability Act and mandatory statutory liability provisions remain unaffected.
25. Data Protection
The provider processes the user's personal data in accordance with the applicable data protection regulations and the provider's privacy policy.
Contract-related e-mails, in particular regarding registration, booking, payment, contract processing, security of the user account and use of the platform, may be sent for the purpose of contract performance.
Further information on the processing of personal data, payment service providers and e-mail information can be found in the privacy policy.
26. Set-Off and Right of Retention
The user may only set off claims against claims of the provider if such claims are undisputed or have been finally determined by a court. This does not apply to claims of the user arising from the same contractual relationship.
The user may only exercise a right of retention insofar as it is based on claims arising from the same contractual relationship.
27. Contract Language, Applicable Law and Place of Jurisdiction
The contract language is German. An English or other foreign-language version of these GTC may be provided in addition. In case of doubt, the German version shall prevail.
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall apply only insofar as it does not restrict any mandatory consumer protection provisions of the country in which the consumer has their habitual residence.
If the user 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 or in connection with the contractual relationship shall be the registered office of the provider. Statutory exclusive places of jurisdiction remain unaffected.
28. Consumer Dispute Resolution
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
29. Final Provisions
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.
The provider may amend these GTC if there is an objective reason for doing so and the amendment is reasonable for the user. Amendments shall only apply to contracts already concluded if the user consents to them or insofar as an amendment is legally permissibl