General terms and conditions
1.1 Scope of application
These General Terms and Conditions of Business apply in the version valid at the time of conclusion of the contract for all business relations between us Tecurat, Mr. Sven Schaumann, Lennéstr. 44a, 14469 Potsdam and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract agreement
Contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code).
To use the full scope of this website, it is first necessary to create a customer account. In doing so, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the information required for a login. Only when you log on to our website with these details for the first time is the registration process complete.
The password, which enables you to access the personal area, is to be treated as strictly confidential and may under no circumstances be passed on to third parties. You take the appropriate and reasonable measures to prevent your password from being disclosed to third parties. A customer account cannot be transferred to other users/customers or other third parties.
1.4 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of three steps. In the first step you select the desired course. In the second step, you enter your data including invoice address and, if necessary, a different delivery address. In the third step you have the possibility to check all details (e.g. name, address, ordered items) once again and to correct any input errors before you confirm your order by clicking the button "buy now". With your order you declare your binding offer of contract. We will confirm receipt of your order by e-mail immediately after receipt of the order. This confirmation constitutes the acceptance of the contract. After clicking on "buy now", you will be forwarded to PayPal where you can make the payment directly.
1.5 Storage of the contract text
The contract text is stored by us and sent to you after sending your order together with these terms and conditions and customer information in text form (e.g. e-mail, fax or postal). However, the text of the contract can no longer be called up by you on the website after you have sent your order. You can use the print function of your browser to print out the relevant website with the text of the contract.
1.6 Subsequent amendment of the terms and conditions
We are entitled to subsequently adapt and supplement the General Terms and Conditions of Business with respect to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed not only insignificantly. A subsequent amendment of the General Terms and Conditions of Business shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both we and you can terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Service description
2.1 General information
We offer online courses in the field of MDR (EU 2017/745), as well as literature in this field. The courses are made accessible either via downloads or by activating the documents via a member access. The books we offer can be purchased via our website and via the Amazon marketplace.
2.2 Provision of services
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless otherwise expressly agreed, we begin with the service provision after conclusion of the contract with our partner Digistore24 by activating your account.
All prices are exclusive of value added tax. We become expressly not contracting parties, but make Digistore24 only our achievement available.
3.2 Right of retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
4. Your responsibility
4.1 General information
You are solely responsible for the content and correctness of the data and information you transmit. You also undertake not to transmit any data whose contents infringe the rights of third parties or violate existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.
You shall indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of costs of necessary legal representation.
4.3 Data backup
You are jointly responsible for saving the information sent. We cannot be held responsible for the loss of the information you send us as we do not provide a general data security guarantee.
5. License conditions courses
5.1 Copyright law
The contents as well as the structure of the courses organized by us and the related documents including all authorized copies are intellectual property of us.
5.2 Granting of licenses
Upon payment of the participation fee, we transfer to you all rights of use of documents required for you to the extent agreed in the contract and required for the respective training course. In case of doubt, we shall fulfil this obligation by granting non-exclusive rights of use within the territory of the Federal Republic of Germany for the duration of the service. With the end of the contract, the granting of a license expires in principle. With regard to the copies made available to you for your own use, however, the right of use shall continue to exist beyond the end of the contract.
5.3 Licensing conditions
Any use beyond this requires our consent. In particular, the materials may not be passed on to third parties (sublicensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. It is also prohibited to use the contents, texts and exercises for own purposes in seminars, courses or otherwise in relation to third parties without our express written permission.
5.4 Reference right
We grant ourselves the right to refer to the services offered by us. Unless otherwise agreed, we reserve the right to take pictures during the courses and to list them as references in brochures, leaflets and our website. You have a right of objection to this.
5.5 Compensation for damages
We reserve the right to claim damages for any violation of the contractual license terms, especially in case of copyright infringement.
6. Usability of the services
6.1 Further development of the service / availability
We endeavour to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking the interests of the contractual partner into account. We are also entitled to interrupt the app operation partially or completely within reasonable limits for the purposes of updating and maintenance. To this extent, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
6.2 Technical requirements
The use of the app requires compatible devices. It is your responsibility to put or maintain the device in a condition that enables you to use the App Services.
7.1 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical of the contract.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
7.3 Data backup
We carry out effective data backups as part of our service provision, but we do not provide a general data backup guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will perform the data backup with the necessary expertise. However, we do not guarantee that the stored content or data you access will not be accidentally damaged or falsified, lost or partially removed.
7.4 Disclaimer of liability
We assume no liability for the correct implementation or application of our course contents.
8. Final provisions
8.1 Place of jurisdiction
Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no compelling legal regulations according to your home right, German law is considered as agreed under exclusion of the UN purchase right.
8.3 Consumer dispute settlement proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer mediation body.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.