I. Right of withdrawal
- revocation instruction
Consumers (§ 13 BGB) have the right to revoke the contract of use without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the end of the revocation period. The revocation is made in writing or in text form. Optionally, the revocation form given below (see under I.3) can be used. The revocation is to be sent to:
represented by the shareholders Mr Benoit Billebaut and Mr Sojan Neduvakkattu
Loss of the right of revocation
With the first use of the user account sent to you, you expressly agree to the execution of the contract. You thereby lose your right of revocation, § 312f BGB. This means: You are only entitled to the right of revocation within the above-mentioned period as long as you have not yet used the service of the provider.
- consequences of withdrawal
If you revoke this contract, we must reimburse you for all payments we have received from you immediately and at the latest within fourteen days of the day on which we receive notification of your revocation. We will use the same means of payment for the repayment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will we charge you any fees for this repayment.
- sample revocation form
In order to simplify the revocation process, the following template can be used, which the consumer must complete with his personal data and the individual modalities of the conclusion of the contract. The revocation has to be sent to BenNedu UG (haftungsbeschränkt), address see above.
Hereby I/we () revoke the contract concluded by me/us () for the use of the BenNedu online course/course package(*)
- Ordered on ()/received on ()
- Name and address of the consumer(s)
- Only for paper copies: signature of the consumer(s)
(*) Delete as applicable.
II General terms and conditions
§ 1 Subject matter of the contract
(1) The provider provides the user with information on medical training content in his database on the homepage https://www.bennedu.de for online retrieval. A medical consultation or treatment or a certain success of the treatment will explicitly not become part of the contract.
(2) The course offer includes learning and further training content from the field of radiological diagnostics. The focus is currently on magnetic resonance imaging. By means of streaming, the provider provides videos with the respective learning content for retrieval. At the end of the course, a multiple-choice learning success check is carried out. After passing the learning success control, a certificate of successful participation can be issued. The contents are offered as a single course or in a course package.
§ 2 Description of services
(1)The use of the course offer is exclusively online. The prerequisites for the possibility of use, in particular proper hardware and software, are to be created by the user and are solely within the user’s sphere of risk. The recommended (minimum) IT equipment is described in § without prejudice to this provision.
(2) In order to get an impression of the course offer, the potential contractual partner is explicitly allowed to have a look at a free demo version in advance. To do so, the user clicks on the button “Test now for free” and can view the first part of a course without registering.
(3) The customer has access to all offered courses, documents (in form of PDF or Excel files). In addition, access to a private Facebook community is provided during the contract period.
The courses are offered in video form (hosted on Vimeo) and with the associated material in PDF format. Excel files are also made available for download (including pre-saved formulas for calculating drug doses or technical parameters, settings, etc.).
Streaming of the courses is possible for an unlimited period during the contract period. Registration can be done either via an existing test account or by creating a new user account.
§ 3 Conclusion of contract
The presentation of the various courses and course packages on the website by the provider is not a binding offer. Only the user can make a binding offer to conclude a contract of use.
§ 4 Updating of the database and availability
(1) The provider assures the user an average availability of the database of 97 %. The provider will update the database in principle every four weeks.
(2) The provider is entitled to change or update the range of services (database content, structure of the database and user interface, etc.) if and insofar as the fulfilment of the purpose of the contract concluded with the user is not significantly affected. The user will be informed about such changes by the provider.
§ 5 Registration
(1) Use of the database shall be subject to registration. The user is obliged to provide the data requested during registration correctly and completely.
(2) After registration, the user will receive an access identification and a password. The user must keep the access code assigned to him and the password protected from access by third parties.
§ 6 Technical requirements
(1) The user has to observe the technical requirements in order to allow undisturbed access to the database and download of the contents. For this purpose, the user requires Internet access. At least a 2000 DSL line is recommended for trouble-free use of the course offerings. In addition, the user’s Internet-capable computer should be equipped with the usual software (e.g. Flash plug-in, Internet Explorer, etc.). The user is responsible for procuring and maintaining the hardware and connections to public telecommunications networks required by him.
(2) The costs of setting up the online connection and maintaining it on the user side shall be borne by the user. The provider is not liable for the security and the existence of data communication, which is conducted via communication networks of third parties. The provider is also not liable for disruptions in data transmission caused by technical errors or configuration problems on the user side.
(3) The user is responsible for the hardware and software used by him as well as for the communication channels used by him. A failure of the hardware and software used by him does not release him from the obligation to pay the course fee.
§ 7 Granting of rights of use
(1) The database as well as the individual contents are – unless otherwise noted – protected by copyright. The user is obliged to observe the existing copyrights and not to violate them. The user may retrieve, store and use the contents only for his own use. The limits of § 53 UrhG apply as a benchmark for this. The retrieved information may only be used for the user’s own use.
(2) The course contents are available to the user exclusively for his personal use. The rights of use may only be transferred to third parties with the consent of the provider. The user shall be liable if access identification and/or password are transferred to third parties through his culpable conduct.
§ Section 8 Remuneration
For the use of the service of the provider described in more detail under § 2, a monthly fee of € 100.84 plus € 19.16 VAT, i.e. a total of € 120, is charged.
§ 9 Data protection
§ 10 Copy protection
The provider is entitled to encode all content made available for download to prevent unauthorized use. The user is not entitled to remove these codes. The Provider is entitled to further develop the coding technology according to the state of the art and within the scope of legal admissibility.
§ 11 Warranty and liability
(1) The provider is not liable for the existence, suitability and accuracy of the public transmission lines used by the user and the user’s own data communication devices.
(2) The provider shall be liable without limitation according to the statutory provisions for damages resulting from injury to life, body or health, which are based on an intentional or grossly negligent breach of duty and/or fraudulent intent. For slight negligence, however, the provider is only liable in the event of breach of material contractual obligations. In the case of a slightly negligent breach of a main contractual obligation, the provider shall be liable at most to the extent of the typically foreseeable damage.
§ 12 Termination
(1) The contract can be terminated at any time by either party without giving reasons with a notice period of three months to the end of the month. The termination must be in writing.
(2) The right of each party to terminate the contract for good cause remains unaffected.
§ 13 Applicable law
The law of the Federal Republic of Germany shall apply. This choice of law does not apply to consumers if the protection granted is withdrawn due to mandatory provisions of the state in which the consumer has his habitual residence.
§ 14 Agreement on jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of the provider in Münster.
§ 15 Place of performance
The place of performance for all services under this contract is Münster.
§ 7 Requirement of written form
Amendments and supplements to this contract are only effective if they are set out in writing and signed by both parties. This also applies to the waiver of the written form requirement.
§ 8 Severability Clause
Should one or other provision of this agreement be or become invalid, the validity of the contract as a whole shall not be affected. In this case, the ineffective contractual provision shall be replaced by another effective provision on the basis of which the purpose pursued by the contracting parties is largely achieved.