General terms and conditions
1.1 Scope of Application
These General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract to all business relations between us of med.stream GmbH, Einsteinstr. 174, c/o Design Offices, 81677 Munich, and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contractual Agreement
Contract language is German and English. Customers in the sense of these General Terms and Conditions are exclusively consumers in the meaning of § 13 BGB (German Civil Code).
1.3 Conclusion of Contract
1.3.1 Registration (free user contract)
In order to use the full scope of our platform, it is first necessary to create an account. Here, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the button "Confirm registration" respectivly „submit registration“. You will then receive a confirmation e-mail with the information required for login. Then the registration is completed. By registering, you enter into a free user agreement with us.
The password that enables you to access the personal area is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users or other third parties. We are not liable for any damage caused by the misuse of the password.
Within the first 7 days after registration, you have to verify your identity because we provide our platform only for persons working in the health care sector. You can also see this in the information on our website. If the verification is not performed, you will not have access to the content stored on the platform.
Only after successful verification, you can use the platform or our live-events actively. For a period of 3 months after verification, you have the possibility to view all contents of our platform free of charge. After the 3-month trial period has expired, you will only have limited access to our content. For the full range of functions, you must either take out a subscription with us or, alternatively, you can activate individual contents separately for a fee.
To regain access to all content, you can book a subscription to our platform via your account after the trial period has expired. The ordering process then consists of a total of four steps. In the first step, you select the desired subscription. In the second step, you enter your data, including the billing address and, if applicable, a different address, unless this data is already stored in your account. In the third step, you select the payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, desired subscription) once again and correct any input errors before confirming your order by clicking on the button "order subject to payment". By placing your order, you declare your binding offer to enter into a contract. We will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. We shall be entitled to bindingly accept the contract offer contained in the order within two days of receipt of the order by e-mail, telephone or post. Upon acceptance, the contract shall be concluded.
1.3.3 Activating individual contents
If you are only interested in unique content, such as specific videos on our platform, you can also book these individually via your account. The order process then also consists of a total of four steps. In the first step, you select the desired content. In the second step, you enter your data, including the billing address and, if applicable, a different address, unless this data is already stored in your account. In the third step, you select the payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, desired content) once again and correct any input errors before you confirm your order by clicking on the button "order subject to payment". With the order, you declare your binding offer of contract. We will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. We shall be entitled to bindingly accept the contract offer contained in the order within two days of receipt of the order by e-mail, telephone or post. With the acceptance, the contract is concluded.
1.3.4 Contract text
The contract's text shall be stored by us and sent to you in text form (e.g. by e-mail or post) after you have sent your order together with these General Terms and Conditions and customer information. However, you will no longer be able to access the contract's text via the website after you have sent your order. You can use the browser's print function to print out the relevant website with the text of the contract.
1.4 Subsequent amendment of the terms and conditions
We shall be entitled to make subsequent amendments and additions to the General Terms and Conditions of Business in relation 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 to a more than insignificant extent. A subsequent amendment to the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual modification and allow you to make an express declaration during the period. If you object within the time limit, you and we may terminate the contractual relationship without notice unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Description of services
Via our platform med.stream, we offer professional exchange and a digital opportunity for further education in medical practice and research. Via the platform, among other things, live events take place in which you, as a medical professional, can participate and ask the experts live questions and rate the events. Furthermore, there is the possibility to watch recordings of lectures and expert meetings.
Medical international information platforms can also have the events held and content fed in on our platform played "live" and "onDemand" on their own platform. In this case, only the playback on the other platform is technically enabled by a connection to our platform. The content or data record remains on our platform.
2.2 Time of performance
Unless expressly agreed otherwise, we shall activate the booked content or, in the case of a subscription order, all content immediately after the conclusion of the contract.
2.3 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.4 Delays in performance
Delays in performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or judicial orders such as pandemics), entitle us to postpone the performance for the duration of the impeding event.
All prices are inclusive of value-added tax.
3.2 Default of payment
You will be in default of payment if we do not receive a payment within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the prime rate of the European Central Bank. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You have the option of proving that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. Revocation policy for consumers in distance selling contracts
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (med.stream GmbH, Einsteinstr. 174, c/o Design Offices, 81677 München, phone: +49 160 92 13 17 30 e-mail: firstname.lastname@example.org) of your decision to revocation from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, you may use the enclosed model revocation form, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
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 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.
If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to a point in time at which you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
- End of the revocation policy -
Special information on the premature expiry of the right of revocation
Your right of revocation shall expire prematurely if we have provided the service in full and have only started to provide the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you will lose your right of revocation upon full performance of the contract by us.
5. Your responsibility
You are solely responsible for the content and accuracy of the data, contributions and information transmitted by you and entered by you on our platform. The content may not violate any applicable laws or these General Terms and Conditions. You also undertake not to transmit any data whose content violates the rights of third parties (e.g. personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions with illegal content may not be published, or untrue facts asserted.
You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for backing up the information sent to us. We cannot be held accountable for the loss of your transmitted information, as we do not provide a general data backup guarantee.
5.4 Abusive contributions
Abusive content or contributions will be deactivated or deleted by us without prior notice. Such content designs are given, for example, in the following cases:
False and/or incorrect information,
for sending spam,
to send and store offensive, obscene, threatening, insulting or in any other way violating the rights of third parties,
send and store viruses, worms, Trojan horses, harmful computer codes, files, scripts, agents or programs,
uploading programs that are capable of disrupting interfering with or preventing the operation of the service,
attempting to gain unauthorized access to our service or to individual modules, systems or applications, or granting such access to third parties,
Content glorifies violence, is pornographic or otherwise offensive or punishable by law.
In case of recurring violations, we reserve the right to block or delete your account. In this case, payments already made cannot be refunded. The right to extraordinary termination remains unaffected.
5.5 Profile data
You are always obligated to keep the content and profile data you have posted up to date and immediately inform us of any misuse of your profile.
5.6 Mandatory data
Particularly in the context of holding events or providing medical content, you are responsible for ensuring that you properly give any mandatory information that may be required for this content and events. We are not medical professionals or do not work in the healthcare sector but merely provide the platform for professional exchange. You must inform yourself in advance whether your medical activity on our platform conflicts with legal and/or official regulations.
5.7 Recording and Recording with the platform
Recording or recording during events held via our platform or the playback of booked content (e.g. videos) is not permitted and may lead to exclusion from our platform. In this case, fees already paid cannot be refunded.
6. Term, blocking and termination
6.1 Termination of an account (free user contract)
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice to us in text form. In particular, we reserve the right to delete accounts that are not fully registered, have been inactive for a period of at least six months and have not undergone verification. We will only terminate an account for which content has already been booked (e.g. activation of a video for a fee) for a good cause. With the termination of the free user contract, the profiles and content assigned to the account will also be deleted.
6.2 Paid subscriptions
Our paid subscriptions can be terminated in text form with a notice period of one month to the end of the respective term without giving reasons. If the contract is not canceled in time, it will be automatically extended for an indefinite period of time. This can then also be terminated at any time with a notice period of one month.
6.3 Termination without notice
The right to terminate without notice for a good reason shall remain unaffected by the above provisions. Good reason shall be deemed to exist in particular if
You have provided incorrect or incomplete information when concluding the contract,
you repeatedly violate other contractual obligations and do not cease the breach of duty even after being requested to do so by us.
7 Usability of the services
7.1 Further development of the service/availability
We endeavor 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 affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the platform operation partially or wholly within reasonable limits for the purpose of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not warrant that the services provided or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
7.2 Technical requirements
The use of the platform requires corresponding compatible devices (in particular, functioning internet access). It is your responsibility to put or keep your devices in a condition that enables the use of the platform services.
8. Warranty for services
The statutory warranty rights apply.
9. Use of content
By placing content in the database, you grant us the right to use this content for an unlimited period of time for placement and provision in the database and retrieval and storage by third parties, mainly to store, reproduce, provide, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for own website or also in printed form etc.) by third parties or by us. In this case, the author explicitly waives his right to be named. Furthermore, we receive the right to rework the content, especially if it does not meet the above requirements of these conditions.
We allow you to rate other users' content fed into our platform (e.g. events held). In doing so, you are obliged to provide the information to the best of your knowledge and belief. We can editorially review submitted ratings for their admissibility. We are entitled, but not obliged, to publish ratings on our platform and make them visible to all users.
10.2 Abusive or illegal ratings
Abusive or illegal ratings will be deactivated or deleted by us without prior notice. Such are given in particular if false, insulting or other infringing information is provided, or the reviews are misused as advertising space.
11.1 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.
11.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
11.3 Data backup
We carry out adequate data backups as part of the service provider but do not provide a general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or partially removed.
11.4 Liability for content
As the platform operator, we are not liable for incorrect information provided by users in their posts or profiles. A review of the content posted on our platform (in particular about the violation of third-party rights or the accuracy of medical information) does not take place. However, should we become aware of incorrect, inaccurate, misleading or unlawful information, we will immediately review it and remove it if necessary. Furthermore, we do not guarantee the accuracy, timeliness, completeness, quality or legality of content that does not originate from us. We merely provide you with our platform for professional exchange.
12. Final provisions
12.1 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.