§ 1 Contracting Object and Parties, Scope of Contract
1. The Winglet Education GmbH and WingletX GmbH (hereinafter referred to as "Winglet companies") with headquarters in Freiburg (business address: Scheuerleweg 7A, 79227 Schallstadt, Germany) and Munich (business address: Ludwigstraße 5, 82054 Sauerlach, Germany) are the providers of interactive online live events and on-demand video contents in the field of continuous medial education (hereinafter "online events"). The Winglet companies operate their web-based online education offer (hereinafter "offer") on the platform winglet-community.com (hereinafter "platform"). The online events are paid content and can be watched live and/or on demand within a period determined by the provider through the platform.
3. The presentation of the offer of products and services on winglet-community.com, in the online shop and on the platform does not constitute a legally binding offer, but is a solicitation to submit the order of an online event by the customer. The customer makes a binding offer to conclude a contract for the selected online event and/or service to the Winglet companies upon completion of the order process and the submission of the order. The Winglet companies declare acceptance of the customer's offer by sending an order confirmation which also contains the information necessary to use the selected Winglet companies' online event and/or service.
4. The contract for the online event and/or service selected by the customer is concluded between the Winglet Education GmbH or WingletX GmbH and the customer. The Winglet Education GmbH or the WingletX GmbH respecively handles invoicing and payment processing in its own name and for its own account.
§ 2 Registration, Order Placement
1. To watch online events, you must have working internet access and a current browser. The Winglet companies reserve the right to change the technical requirements for using the platform and the services.
2. Access to the platform and all educational content is restricted to medical and healthcare professionals. During the registration process the customer is responsible for the correct input of his data, which are necessary for the registration process, the handling of the communication and/or for the use of the services over the Winglet platform. Changes to this data must be made immediately by the customer, if possible, online or in writing to the Winglet companies.
3. After registration the customer receives a first e-mail with his user data. In the course of the registration, the customer assigns a secure password that can be freely selected by the customer. "Password" are all letter/number/special character sequences that serve the purpose of excluding the use of unauthorized persons. Such a password may not be disclosed to third parties and must be protected from access by third parties. Furthermore, the customer is obliged to store or transmit passwords in digital media as well as in LAN and WAN and radio networks only in encrypted form.
4. Upon conclusion of the registration, a free user relationship with the Winglet companies arises, which enables the customer to use the free services offered on the platform. For parts of the services (eg. paid-for online events), separate booking processes may be required. The fees for such paid services are specified in the online event.
§ 3 Right of Withdrawal
The customer has the right to cancel the booking of services for a fee within fourteen days without giving reasons. The period begins with booking and not before receipt of this instruction in writing and also not before fulfillment of our information obligations under article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. To exercise the right of withdrawal, send an email to the Winglet companies at firstname.lastname@example.org about the decision to cancel the order in question. This can be done using the form provided by the Winglet companies. The customer then immediately is sent a confirmation of the receipt of such withdrawal (eg. by e-mail). To keep the revocation period, it is sufficient that the revocation is sent. If the respective order is revoked, all payments made by the participant in the course of the individual revoked booking will be repaid immediately and, at the latest, within fourteen days from the date on which the notice of revocation of this contract is received. Fees will not be charged for this refund. The right of withdrawal expires as soon as an online event has been carried out.
§ 4 Termination
1. The contractual relationship can be terminated at any time by the customer. All you need to do is send an e-mail to email@example.com expressing your desire to cancel your customer account.
2. After receiving the e-mail, the customer account will be deleted after a reasonable processing time.
3. In the event of statutory retention requirements, however, the Winglet companies shall be entitled for the duration thereof to continue to store data otherwise required for resolution and, to the extent necessary to safeguard the legal obligation, to use and process the same.
§ 5 Liability
1. The Winglet companies shall not be liable for any false information created and distributed by users and/or third parties, including the Winglet companies' cooperation partners, which are related to the transmission of information. In particular, the Winglet companies do not warrant that e-mails or data entries do not meet the technical requirements set out in these terms and/or the technical requirements set for the platform and, as a result, will not be accepted and/or accepted by the system.
2. The Winglet companies are not liable for offers from third parties, in particular for those of cooperation partners of the Winglet companies who are being or have been advertised. The Winglet companies make no representation that all links and references made in connection with the use of the platform and the participation in the events of external content are correct or complete.
3. The Winglet companies do not warrant that the online event service or the platform will be available at any time and that it will be retrievable by the participants or that it will be free from errors in content or technology.
4. The Winglet companies reserve the right to terminate an online event prematurely and without notice to participants and cancel participation or cease the online event platform if due to external disturbances or technical issues a secure and smooth flow cannot be guaranteed anymore.
§ 6 Data Privacy
1. The Winglet companies undertake to treat all personal data forwarded to us in accordance with applicable data protection laws, in particular not to disclose these to third parties. Third parties are - in the relationship between the parties - but not the provider and the respective service provider, the respective providers of other services and the third party, which the Winglet companies use for payment or other contractual or technical services.
2. In particular, the Winglet companies undertake not to use personal data protected by the Federal Data Protection Act to collect, record or store, modify, block or delete the personal data belonging to a purpose other than lawful task fulfillment, and to disclose the data to third parties or accessible or otherwise use them. This obligation to maintain data secrecy persists until the deletion of the respective personal data.
§ 7 Final Clauses
1. Changes and additions to these agreements and these General Terms and Conditions must be made in writing in order to be valid. This also applies to the amendment or cancellation of the text form requirement. However, the Winglet companies are entitled to unilaterally modify these terms and conditions, insofar as they have been introduced into the contractual relationship with the customer, insofar as this is necessary to eliminate subsequently arising equivalence disturbances or to adapt to changed legal or technical conditions. Through an adaptation, the Winglet companies will inform the customer by notifying the content of the amended regulations. The change becomes an integral part of the contract if the customer does not contradict the inclusion in the contractual relationship with the Winglet companies in text form within six weeks after receipt of the notification of amendment.
2. In the case of ineffectiveness of one or more provisions of these terms and conditions, the remaining provisions remain in force. To replace the invalid provision in the meaning and purpose of these General Terms and Conditions mutually by the parties by an effective provision, the economic effect of which comes as close to the invalid provision as legally possible.
3. This Agreement is governed by the laws of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Goods (CISG) of 11.04.1980 in its currently valid version) and of international law (in particular the German conflict of laws). In addition, compulsory regulations of the law of the state in which you have your habitual residence, then apply if you as a customer conclude a contract that cannot be attributed to your professional or commercial activity (consumer contract).
4. If the customer is not a consumer within the meaning of § 13 BGB, the place of jurisdiction for all disputes arising from this contract including its annexes is Munich, Germany.