The agreement is concluded between Dental Online College GmbH, Dieselstraße 2, 50859 Cologne, represented by Jürgen Führer, Cologne District Court HRB 84907 (referred to hereinafter as the Operator) and the customer (referred to hereinafter as the Member).
II. Conclusion of contract
(1) The website does not constitute a binding offer.
(2) The agreement does not come into effect until the Operator confirms the subscription.
III. Rights and responsibility of the Operator
(1) By concluding this agreement, the Operator undertakes to provide members with teaching materials in digital form on the main topics of dentistry at regular intervals.
(2) The Operator reserves the right to alter or supplement the teaching materials provided without prior notice.
IV. Rights and responsibility of the participant
(1) A subscription only applies to a given member and is not transferable.
(2) The log-in password may not be shared with third parties.
(3) The Member undertakes to ensure he/she has the technical requirements for viewing and downloading the files provided by the Operator.
(4) The use and reproduction of teaching materials by the Member is not allowed without written permission of the Operator, even if this use and reproduction only occurs in extracts.
(5) The teaching materials may not be shared with third parties.
V. Modes of payment
(1) Payment is by direct debit, credit card and PayPal.
(2) In the event of default, the Operator is entitled to block the Member's log-in ID.
(3) If the Member is in default with a payment, the Operator is entitled to cancel the subscription without notice after issuing two warnings.
VI. Periods, prices, cancellation
(1) The period of the subscription and payment begins with registration on the website.
(2) Annual subscription
The period of the annual subscription is 12 months. It is extended by another 12 months if the agreement is not cancelled at least six weeks before termination in the form described in section 6.
(3) Test subscription
The period of a test subscription is three months. If the "test subscription" is not cancelled 14 days before termination in the form described in section 6, it is converted into an annual subscription. The conditions set out in section 2 apply to an annual subscription.
(4) Special memberships
(a) Students shall provide evidence of their student status by submitting a current certificate of matriculation at the start of each semester. If the student fails to submit a certificate of matriculation, the Operator is entitled to cancel the agreement giving 14 days' notice, having previously set a time limit for submission.
(b) Dental technicians and assistants are required to provide evidence of their status.
(5) Individually purchased videos
The period of validity for individually purchased videos is at least 6 months.
(6) Additional costs can be incurred to the Member for the acquisition of compatible computer software. What is more, costs are incurred to the Member for the use of the internet. Prices can vary depending on provider and contract. In some cases the materials provided have a very high data volume. This can result in lengthy download processes and increase the cost of internet use.
(7) The agreement is to be cancelled by post. Cancellation is to be addressed to:
Dental Online College GmbH
(8) This does not affect the right to cancel the agreement for grave cause.
VII. Price alterations
(1) The Operator is entitled to increase the prices by up to 20% due to increased production costs and expenditure for the operations shown.
(2) Participants can submit an extraordinary cancellation due to the price change within a period of two weeks from announcement of the price change.
(1) The Operator is liable for damages if the damage is caused by him in deliberately or in gross negligence.
(2) Liability for damage claims which are not based on deliberate or grossly negligent action on the part of the Operator is excluded insofar as such claims do not relate to responsibilities or guarantees which form an essential part of this agreement.
(3) In the case of actions on the part of a legal representative or vicarious agent of the Operator, the Operator is only liable for slight negligence.
(4) If the Member is a consumer as defined by § 13 BGB (German Civil Code), the liability exclusion does not apply to damages resulting from injury to life, body or health based on a negligent breach of responsibility on the part of the Operator or a deliberate or negligent breach of responsibility on the part of a legal representative or vicarious agent of the user.
(5) The Operator is not liable for the functional capacity of data networks, servers or data networks or for the accessibility of a website if the obstacle is not within the control of the Operator or is caused by force majeure.
(6) The content of third-party websites which can be accessed from this website, of websites which are linked to it (e.g. via hyperlinks) and of websites from which this website can be accessed is external content on which the Operator of this website has no influence whatsoever and for which therefore no liability can be assumed.
(1) The personal details provided voluntarily by the Member as part of the purchase process will be be used solely in adherence with the Federal Data Protection Act.
(3) The following specific details are required to conclude the subscription agreement: name, first name, gender, e-mail address, consumer/entrepreneur status, address, date of birth, bank details.
(4) For the purpose of payment transaction, the Operator is entitled to pass on the details to particular persons, e.g. the Operator's bank. The third party may only process or use the shared data for the purpose for which the data is shared. There is no further use of personal data or sharing of such data with other third parties unless the user provides his or her express consent or if the Operator is legally required to do so.
(5) The Member consents to the Operator confirming the Member's personal details in connection with the purchase agreement by e-mail - revocable at all times and in the event that no other individual arrangement is made - and to the Operator sending the Member important e-mail relating to the content of the agreement via this e-mail address.
(6) The Member confirms that only he/she or persons authorised by him/her have access to the e-mail account.
(7) The Member can withdraw his/her consent regarding the storage and use of personal details at any times or require the Operator to correct these details.
(8) The Member is entitled to obtain information free of charge at any time on the personal details stored, and is also entitled to have these details corrected, blocked or deleted.
(9) Requests for information, withdrawals, corrections, blocks and deletions should be sent to:
Dental Online College GmbH
or via e-mail address provided for the log-in ID to:
X. Place of jurisdiction
(1) If the Member is a commercial trader according to § 1 HGB (German Commercial Code), the place of the jurisdiction is the registered office of the Operator in Munich.
(2) If the participant is not a commercial trader, the statutory regulations apply.
XI. Copyright notice
(1) The Operator's logo and the content of the website are subject to copyright.
(2) The Operator possesses the copyright to all teaching materials on the website including audiovisual documents, podcasts, text and graphics.
(3) The use and reproduction of teaching materials is not permitted without written permission of the Operator, even if this use and reproduction only occurs in extracts.
(4) The materials may not be shared with third parties.
XII. Consumer's right of cancellation
(1) If the participant is a consumer as defined by § 13 BGB (German Civil Code), he/she has a right of cancellation based on the exclusive use of telecommunication materials as set out in this agreement.
(2) In the event of an effective cancellation, the services received are to be returned. Due to the impossibility of returning the usage benefit of the website, the participant shall provide compensation.
(3) The compensation is equal to the pro-rata value of the individual video or subscription up to the day of cancellation.
(4) The participant can cancel the agreement in text form (e.g. letter, fax, e-mail) within two weeks without giving reasons.
(5) This period begins with registration on the website and receipt of cancellation notice.
(6) To observe the time limit of cancellation, prompt dispatch of the cancellation is sufficient.
(7) The cancellation shall be sent to:
Dental Online College GmbH
XIII. Final clause
Insofar as part or individual wordings of this text are no longer, not fully or not at all in line with the valid law, the remaining parts of the document remain unaffected in terms of their content and validity.
Munich, June 2012