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Terms and Conditions for the Acquisition of Paid Learning Content from Brainyoo

Ordering and Delivery Terms
Content of the Contract

  • 1. Subject of the Contract

  • 2. Contracting Parties

  • 3. Terms of Reference

  • 4. How Does It Work? How To Order

  • 5. Conclusion of Contract

  • 6. Prices

  • 7. Payment

  • 8. Revocation

  • 9. Performance

  • 10. Reservation of Rights

  • 11. Claims for Defects

  • 12. No Implied Warranties

  • 13. Privacy Policy

  • 14. Entering Incorrect Data

  • 15. Final Provisions

1. Subject of the Contract

The legal relationships between “Brainyoo” and the user of the paid learning content in the form of digital flashcards are governed exclusively under the laws of the Federal Republic of Germany, under exclusion of the UN Sales Convention (CISG) and the following terms. Special terms apply for the registration and activation of an account or for the licensing of the Brainyoo 2.0 software. Any deviating terms and conditions of the user are not part of this agreement.

2. Contracting Parties

a) BrainYoo 2.0 is a commercial offering of:

BrainYoo Mobile Learning GmbH,
Wilhelmstr. 16,
65185 Wiesbaden,


Directors: Filip Lyncker, Patrick Schmidt



District Court Wiesbaden; Commercial Register: HRB 29162 Wiesbaden
Tax Number: 04022971539
US Tax ID No.: DE307872640

Tel.: (0049) 0611 – 447544 20
Fax: (0049) 0611 – 447544 11
E-Mail:
support@brainyoo.com

Any complaints or questions can be addressed at this contact data. We will answer immediately.

b) The contract to purchase paid learning content in the form of digital flashcards is exclusively between “Brainyoo” and the user. This point shall also apply when the user has arrived at the “Brainyoo” shop via a link from a third-party provider.

c) Insofar as these terms are concerned, “Brainyoo” refers to Brainyoo Mobile Learning GmbH and its service offerings.

d) “Brainyoo” sells to users worldwide.

e) “Brainyoo” follows applicable law and is not subject to any other privately created codes of conduct or out-of-court complaint and redress procedures.

f) Contract language is German solely.



3. Terms of Reference

a) The user can purchase time-limited or unlimited rights to content in the form of digital flashcards (in the following content) from BrainYoo connected online shop or its affiliated partner companies. The service description of the content, i.e. in particular the life, contents, and subject matter of the learning content, is determined according to the specific description beside the product when ordering from the BrainYoo online shop, which is binding and final. Other public statements by the manufacturer or its agents or third-parties shall not constitute additional or changing specifications.

b) The effective use of digital flashcards requires that you install the BRAINYOO 2.0 and/or BRAINYOO 2.0 Mobile software and set up an account. The BRAINYOO 2.0 software can be downloaded and installed for free under a separate license agreement (http://www.brainyoo.com/legal/license-agreement/). The required account can be set up under a separate license agreement of terms and conditions (http://www.brainyoo.com/legal/gtc/) either free of charge or with additional features – as a Premium account – for a fee. Just like content, the Premium Account can be ordered later in accordance with the paragraph 4, see below. Any relevant legal relationships are governed separately and are not subject to this contract.

c) With each order, BrainYoo uses its encryption software to encrypt every single digital flashcard with a BrainYoo license created for each individual user, which allows the learning content to be installed on a maximum of 2 desktop computers and 2 mobile devices in the Free Version or up to 3 desktop computers and 3 mobile versions in the Premium Version. The file is also linked with the personal user ID and, in case of time-limited rights of usage, limited by an expiration date. In this way, unauthorized installation in multiple locations or sharing of digital flashcard sets with an unauthorized third party is prevented; acts of infringement are ascribed to the particular user. The user shall refrain from any manipulation of the encryption or the link to the file with the identifying data.

4. How the Order Works

a) The user goes to the website of “BrainYoo”, where he can see the detailed description by clicking on selected content. In some cases, it is possible that the details are buried through several levels of multiple clicks.

b) The user can enter the desired number of units and place the product in the shopping cart by clicking the “Add to Shopping Cart” button.

c) The shopping cart will then show all of the products that have been placed into the shopping cart. The user can then enter a different number to change the quantity or click the cross in the product line to remove the product from the cart.

d) The user can then click various buttons to “Update” (e.g. after a change) the contents of the shopping cart, “Continue Shopping”, or “Proceed to Checkout”. “Continue Shopping” goes back to the shop (a) above, where additional products can be selected. “Proceed to Checkout” continues in the ordering process to the last step with the shopping cart. On the shopping cart display page, users should examine the goods and quantity being ordered and make any corrections by changing the number or deleting the product.

e) Until the final legally binding order is placed, the user can abandon the ordering process at any time without placing the order by closing the browser window.

f) If the user clicks “Proceed to Checkout”, he must log on to the shop with his Brainyoo account. If the user does not have an active account, he must create one at this point. In doing so, he must enter any data required to complete the contract and accept the account terms and the privacy policy.

In addition, the user can choose from several payment options offered by “Brainyoo” on the following page. Payment for the products is currently accepted through PayPal, credit card or prepayment. When paying with a credit card, the withdrawal from your bank account is made with the conclusion of your order.

At the bottom of the page are a checkbox and a link “Shop Terms” and another link “Privacy Policy”; these links lead to either the “Brainyoo” terms or the privacy policy. By clicking on the checkboxes, the user acknowledges that he has read and agrees to the terms and conditions and the privacy policy. It is up to the user to save these statements by clicking the “Save” button on his hard drive and/or by clicking the “Print” button to print these documents immediately or at a later date.

Furthermore the user can instruct BrainYoo to start the execution of the contract before expiry of the withdrawal period.



g) By clicking the “Continue” button, the user is taken to the summary showing all of his data. He should check this data and, if necessary, correct any errors by clicking on the appropriate link.

h) By clicking on “PlaceOrder to Pay“, the user submits his legally binding order according to the data shown in the general summary. At this point, the “Brainyoo” information is stored and verified.

i) The user receives a confirmation as soon as the data is received on the “Brainyoo” server. “Brainyoo” will send a separate e-mail to the e-mail address specified by the user to declare acceptance of the order. With this e-mail, the user also receives the terms and conditions, the critical order details, legally required information, and the withdrawal policy in writing.

j) Once the user leaves the “Brainyoo” shop, the order is no longer available online. Order details and Terms and Conditions can be obtained again by individually requesting them from Brainyoo.

5. Conclusion of Contract

The contract is concluded when “Brainyoo” confirms the online placed order via e-mail within two days or delivers the content.

6. Prices

a) All prices are in Euros.

b) The only prices that apply are the prices displayed to the user in the summary view prior to issuing the legally binding order (see 4g above). Moreover, the information contained in the web presentation, particularly prices, do not represent a binding offer and are subject to change. Errors on linked websites or differing prices on third-party websites are not legally binding upon the parties.

c) The statutory VAT will be shown separately and is included in the stated price. There are no additional costs such as freight, delivery or postal charges.

7. Payment

a) When placing the order, the user selects from among several methods of payment offered by “Brainyoo” (see paragraph 4f). Regardless of the chosen method of payment, payments are considered to be made only when “Brainyoo” has unlimited access to the full amount.

b) The payment is due and payable immediately without deduction.

c) The user is obliged to perform. d) The user shall not receive a right of retention with regard to remuneration due to the presence of defects of content, insofar as this is not in proportion to the defects and the estimated costs of rectification.

f) Despite contractual implementation, if the method of payment selected by the user on behalf of “Brainyoo” is not feasible, in particular because it is not possible to debit from the user’s account due to lack of funds in the account or due to incorrect information, the user shall pay the settlement as well as any additional costs incurred by “Brainyoo” or a third party acting on the part of “Brainyoo”.

g) “Brainyoo” is entitled to employ trustworthy third parties for the processing of payments for services provided.

1. To this end, “Brainyoo” may assign claims against the user to third parties and transfer the personal data required for the handling of payments to said third parties.

2. In the case that a third party is employed for the payment process, the payment process shall only be considered completed in relation to “Brainyoo” when the payment is made to the third party as stipulated by the contract, so that the third party has full access to the payment.

8. Right of Withdrawal

The user, if he is also the consumer, has a right of withdrawal in accordance with the legal provisions. Conditions, details, exercise, and consequences of withdrawal shall be explained in a separate statement in detail (http://brainyoo.de/legal/widerruf/).

9. Performance by Brainyoo

a) “Brainyoo” is entitled to employ third parties during the performance of the work.

b) “Brainyoo” is entitled to perform only after receipt of payment.

c) “Brainyoo” is entitled to deliver partial shipments when multiple products are ordered.

d) The performance of “Brainyoo” is completed by activating the user and enabling access to the flashcards ordered to the Brainyoo website over the Internet (“in the cloud”). Upon activation, BrainYoo grants the user the non-exclusive, territorially unlimited, and time-limited or unlimited access (according to the order) to use and reproduce the content on 2 desktop computers and 2 mobile devices in the Free Version or 3 desktop computers and 3 mobile devices in the Premium Version. Independently of this, the Brainyoo 2.0 software creates a copy of the flashcards on the user’s approved device during the first synchronization. Installation of the Brainyoo 2.0 software, setup of the account, and initiating the synchronization and creation of these copies is the sole responsibility of the user.

10. Content Protection

The learning content to be acquired is legally protected, sometimes in accordance with the Trademark Act, the Design Act, or the Patents Act, and sometimes by international protection laws. Therefore, the learning content may only be used by the user within the timeframe allowed by the conditions of the order. Use beyond those conditions is unlawful and prohibited and can result in injunctive relief and damages of the rights holder against the user. In addition, violations of copyrights or other intellectual property rights regularly represent offenses that are introduced to the prosecution by the rights holder.

11. Reservation of Rights

The granting of rights to the content is subject to the condition of complete fulfilment of Brainyoo from the order against the user of entitled claims to payment of fees.

12. Claims for Defects

a) The damage to property and liability for legal defects shall be governed by the statutory provisions §§434 ff, 475ff of the German Civil Code permanent assignment of rights of use or §§536ff of the German Civil Code temporary assignment of rights of use

b) Should complaints arise, these should be immediately submitted to the attention of “Brainyoo” at the address provided in section 2.

13. No Implied Warranties

Statements in connection with this agreement (e.g. specifications, figures on the website, the description on the website, etc.) contain no assumption of a guarantee in case of doubt. In case of doubt, only explicit statements on the part of BrainYoo are decisive on the assumption of a guarantee.

14. Privacy Policy

Brainyoo” collects, processes, and uses personal data from the user for completion of the contract within the framework of the separately issued Statement of Privacy (http://brainyoo.de/legal/datenschutz/) and in accordance with legal provisions.

15. Entering Incorrect Data

It should be noted that the unauthorized entry of personal data belonging to third parties or the incorrect input of personal data can lead to data processing by Brainyoo that is not allowed by the data privacy statute. The user shall not enter any false personal information or third-party information without authorization. By entering information, the user confirms that he is authorized to do so.

16. Final Provisions

a) The place of fulfilment is the headquarters of “Brainyoo”, Wiesbaden.

b) The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement is Wiesbaden, provided that the user is a merchant. “Brainyoo” is entitled to bring action or initiate other legal proceedings at the user’s general place of jurisdiction.

c) If one or more of the aforementioned provisions of this agreement should be deemed invalid, the remaining provisions shall remain unaffected.

It is the duty of the user to save or print these terms and conditions.

Effective Date: 01.11.2016

Signed Brainyoo Mobile Learning GmbH, Patrick Schmidt



 

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