Terms of Service

These terms of service (the “Terms of service”) govern your use of the Lernrad online platform service (the “Service” as defined below). By accepting the Terms of service, an agreement is entered into by you (“you” or “User”) and Lernrad GmbH, company registration number HRB 739057 having its registered address at Pápa-Str. 3, 68723 Schwetzingen, Germany (“we” or “us”).

The service is provided through our webpage www.lernrad.com and any subdomains thereof (the “Webpage”). By using the service or creating a user account with us you accept these Terms of Service. If you do not agree to these Terms of Service, please do not use the service provided by us. 

Lernrad provides radiology-specific educational content through the Lernrad platform at https://www.lernrad.com (the “platform”) for the purpose of continuous education in the medical field. On the platform, third parties can publish educational content and offer additional services such as individual coaching. Students and other interested parties can use the platform to further educate themselves and deepen their knowledge in the respective field. Registered users (hereinafter referred to as “users”) have the option to access the content provided on the platform online. By registering, the user agrees to be bound by the following Terms of Service:

 

1           General Provisions

1.1          These Terms of Service apply to all services offered to users by Lernrad on the Platform. The content can be accessed at any time in its current version at https://www.lernrad.com/agb/

1.2          These Terms of Service apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of users become part of the contract only to the extent that Lernrad has expressly agreed to their validity.

1.3          Lernrad explicitly reserves the right to make changes to these Terms of Service. Changes to these Terms of Servie become effective if the user does not object to the changes within one month after receiving a notice of changes in writing, and Lernrad has informed the user in the notice of changes about this right of objection and the applicable deadline. If the user objects to the changes in writing, the previous Terms of Service will continue to apply. In this case, Lernrad is entitled to terminate the contractual relationship within two weeks after receiving the objection. Excluded from this reservation of changes are those changes related to an obligation of either party, the fulfillment of which enables the use of Lernrad in the first place and on whose compliance the other party regularly relies or may rely (“essential contractual obligation”).

 

2          Scope of Services, Availability, Responsibility for Third-Party Content

2.1          The main obligation of Lernrad is the provision of the online platform. Lernrad provides the platform as it was available at the user’s registration (“as is”). The user can search for content on the platform, such as specific titles, topics, or further education. The user has no entitlement to a specific design or features of the platform. Lernrad reserves the right to develop the platform at any time, add or remove features, and modify it in whole or in part, permanently or temporarily, at its sole discretion (§ 315 German Civil Code), taking into account the user’s interests, provided that this does not impair essential contractual obligations of Lernrad and is reasonable for the user; the procedure under Clause 1.3 applies accordingly.

2.2          Lernrad provides the platform with an overall availability of 97% on an annual average. Availability is calculated excluding periods necessary for maintenance. The platform is not available during maintenance. In addition, there is no entitlement to use the content available on the platform beyond Lernrad’s technical and operational capabilities. Lernrad strives for uninterrupted use of the platform but temporary restrictions or interruptions may occur due to technical issues (e.g., power supply interruption, hardware and software errors, technical issues in data lines).

2.3          The platform provides both Lernrad’s own content and third-party content for retrieval or booking. Content provided through the platform is considered third-party content unless marked with a copyright notice or other clear indication from Lernrad. Lernrad’s own content is created to the best of Lernrad’s knowledge and corresponds to the state of research in Europe at the time of creation. Lernrad does not guarantee the timeliness of the content and is not obligated to keep it up to date or adapt it to changing treatment guidelines.

2.4          Lernrad does not check Third-Party Content for completeness, accuracy, or legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality, and timeliness of Third-Party Content. This also applies to the quality of Third-Party Content and its suitability for a particular purpose, even if it concerns Third-Party Content on linked external websites.

2.5         Different or additional regulations may apply for the use of third-party content, provided that they are effectively agreed upon between users and third parties.

 

3           Registration

3.1          Users can be natural persons with unlimited legal capacity; other persons require the consent of their legal representative to use the platform. Lernrad reserves the right to refuse registration of a user in individual cases without giving reasons.

3.2          By registering, the user acknowledges the Terms of Service in effect at that time by activating a checkbox and expressing consent to the Terms of Service during the sign-up process. User registration occurs through an electronic registration form on the website using a chosen username and password. To prevent abusive registrations, confirmation of registration is immediately sent by email to the email address provided in the sign-up form after the form is submitted to Lernrad. The registration is completed and the user profile is activated by clicking the link for activation contained in the email. If the user’s data changes, the user is obligated to promptly update the information in their user profile.

3.3          The user is obligated to keep the access data (username and password) secret and to protect it from access by unauthorized third parties. The user is liable for all activities carried out under their user account. If the user suspects that their access data is being used by unauthorized third parties, the user must notify Lernrad immediately. If there is a justified suspicion of abuse, Lernrad is entitled to block access to the user account until the suspicion is resolved.

 

4          Conclusion of the Contract

4.1          The presentation of the educational content on the platform does not constitute a binding offer. Only the order by the user is a binding offer to conclude a contract.

4.2          By placing an order on the platform, the user makes a binding offer to conclude a contract for the use of the content offered on the platform. Lernrad accepts the offer by activating the user’s access to the respective content.

4.3          The content and scope of the provided content are determined by the respective contractual agreements and, furthermore, by the functionalities currently available on the platform. The playback resolution and quality of the content depend on various factors, especially the type of accessing device or data transfer rate. There is no entitlement to a specific resolution or quality of the content.

4.4          The content provided through the platform is expressly not intended for medical, therapeutic, or diagnostic purposes for humans or for the cure, treatment, or other application in human diseases. The platform is considered a database with neutral content serving as learning aids for professional development, but under no circumstances can it be used to support a diagnosis or for the treatment of patients.

4.5          The platform and the content provided therein do not claim completeness, and the timeliness, accuracy, and balance of the information presented cannot be guaranteed. The content must not be accepted unquestionably and/or without further research by the user, or in disregard of other circumstances, as binding or scientifically established.

 

5           Use of Paid Content

5.1          Lernrad offers both free and paid content through the platform. Registered users can order the offered paid content in the available formats. The details and features of each content, such as learning content, usage period, price, quality, format, etc., can be found in the respective product description. The prices displayed on the platform for paid content include the applicable VAT. Upon purchase, content provision is exclusively carried out by enabling access through the platform. Lernrad’s obligation to provide the respective content is fulfilled when access is made possible for the user in the login area of the platform.

5.2          The ordering process for paid content is structured as follows: The user can add the selected content for purchase to the shopping cart by clicking the “Add to Cart” button. The content added to the shopping cart can be viewed and corrected at any time by clicking on the shopping cart symbol. After selecting the items, the user is presented with essential product information, including costs and taxes, in the shopping cart. This allows the user to review and correct their selection for completeness and accuracy. By clicking the “Proceed to Checkout” button, the user enters an input mask where they can enter their billing details and choose the payment method. Clicking the “Proceed to Step 2” button takes the user to the selected payment service provider. By clicking the “Buy Now” button, the user submits a binding offer to order the items placed in the shopping cart. Upon sending the order confirmation, we accept the offer, thereby establishing a contract for the provision of the respective content.

5.3          For fulfilling the payment obligation, Lernrad offers the following payment methods: credit card, SEPA direct debit, and Sofort Überweisung. If the user chooses payment via SEPA direct debit, they authorize Lernrad to collect the amount due for the selected content from the account named by IBAN and BIC (Swift code) via SEPA direct debit. Lernrad reserves the right to offer additional payment methods in the future as a supplement or replacement.

5.4          In German-speaking countries, a student discount can be applied to selected platform content (Basics courses). The student discount is granted to students at an accredited institution for the study programs of Human, Dental, and Veterinary Medicine (“eligible students”). Eligible students are entitled to a discount of up to 75 percent on the respective list price of paid content. To activate the student discount offer, the user must provide a valid discount code during the respective booking. Retroactive discounting after completing a booking is no longer possible. A used discount code is valid only if the user has proven to Lernrad within 7 days of receiving it that they were enrolled at an accredited institution for the study program of Human, Dental, or Veterinary Medicine at the time of the order. The proof is considered provided if sufficient information has been transmitted, allowing Lernrad to verifiably understand and confirm this condition, especially by presenting a valid student ID or similar evidence. If the proof is not provided within the aforementioned period, the full price for the ordered content becomes due for payment. Discount codes are not transferable to third parties.

5.5          If any payments are reversed, Lernrad is entitled to temporarily block access to the user account until the open claim is settled.

5.6          The invoice for the purchase of paid content is provided to the user for permanent storage via email after a successful purchase. Additionally, we store the respective contract text on our servers.

 

6          Right of Withdrawal and Withdrawal Instruction

6.1          Consumers generally have a legal right of withdrawal when concluding a distance selling transaction, which Lernrad informs about below. This also applies to the purchase or rental of digital content acquired through the platform. Thus, orders for digital content can be revoked within 14 days from the date of purchase or rental as follows:

Withdrawal Instruction

Users have the right to withdraw orders placed through Lernrad within 14 days without giving any reasons. The withdrawal period is 14 days from the day of concluding the contract. To exercise your right of withdrawal, you must inform us, Lernrad GmbH, Pápa-Str. 3, 68723 Schwetzingen, Germany, by email at widerruf@lernrad.com, through a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the sample withdrawal form below, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

In the event of an effective withdrawal, the mutually received performances are to be returned, and any benefits gained (e.g., interest) are to be surrendered. If you cannot return or surrender the received performance as well as benefits (e.g., usage benefits) in whole or in part or only in a deteriorated condition, you must compensate us accordingly. This may result in you still having to fulfill the contractual payment obligations for the period until withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration; for us, it begins upon receipt. We will use the same means of payment for the refund that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this refund.

– End of Withdrawal Instruction –

6.2                  Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it to us.)

To:
Lernrad GmbH, Pápa-Str. 3, 68723 Schwetzingen, Germany

I/we () hereby withdraw from the contract concluded by me/us () for the Lernrad platform.

Ordered on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if communicated on paper)

Date

___________
(*) Delete as applicable.

6.3          The withdrawal of orders for content may be excluded if the user has started accessing or displaying the content, i.e., when loading the content in the browser begins, cf. §§ 312f para. 3, 356 para. 5 BGB. Before the initial display or retrieval of paid content, you may be informed that, in the case of retrieval, you may lose your consumer withdrawal right. By clicking on the corresponding checkbox, you confirm that you agree to commence the execution of the contract before the withdrawal period expires and waive your right of withdrawal in the event of retrieval or display.

 

7          Usage Rights

7.1        All content offered through the platform is protected under copyright, trademark, name, and possibly other legal aspects. The compilation of content itself may be protected as a database or database work within the meaning of §§ 4 para. 2, 87a para. 1 UrhG. Users may only use this content in accordance with these terms and within the framework specified on the platform.

7.2          Lernrad grants the user a simple and non-transferable right of use, limited to the respective period specified in the product description according to Sections 4 and 5. This right allows users to use the content for their personal, non-commercial use and to download it to their computer or other device for this purpose. Any use of the content beyond this grant of rights is not permitted.

7.3          The user is responsible for creating the technical conditions necessary for the contractual use or retrieval of content within their responsibility. Lernrad does not owe any advice in this regard.

7.4          Users are not allowed to modify, disassemble, convert, alter, distort, or commercially use or publish the content provided through the platform in any way – outside the framework determined by Section 7.1.

7.5          If a third party unauthorizedly uses the user’s authorization to access and use the content provided through the platform for reasons attributable to the user, the user is obligated to compensate for the resulting damage to Lernrad and other rights holders (e.g., affected third-party providers).

 

8          Liability

8.1          Unless otherwise stated in these terms of service, Lernrad is liable for the use of the platform in accordance with the following provisions.

8.2          If the user incurs damage from the use of free content provided through the platform, Lernrad is only liable if the damage is due to the contractual use of the free content and only in cases of intent (including fraudulent intent) and gross negligence on the part of Lernrad.

8.3          The following provisions apply to the liability for paid content:

  • Lernrad is liable without limitation for damages caused intentionally or through gross negligence by Lernrad or its legal representatives, executive employees, or simple vicarious agents.
  • In cases of slight negligence in the violation of only insignificant contractual obligations, Lernrad is not liable. Furthermore, Lernrad’s liability for damages caused by slight negligence is limited to those damages that must typically be expected within the scope of the respective contractual relationship (contract-typical foreseeable damages). This also applies to slight negligent breaches of duty by legal representatives, executive employees, or simple vicarious agents.

  • The above limitation of liability does not apply in the case of fraudulent intent, in the case of personal injury or damage to health, for the violation of warranties, and for claims arising from product liability.

8.4          For user breaches, especially in the case of infringement of third-party trademarks, copyright, and name rights, only the user is liable. The user shall indemnify Lernrad from any claims for payment by other users and third parties, which are asserted against Lernrad due to a legal or contractual violation by a user, upon first request. The user shall bear all reasonable costs incurred by Lernrad resulting from such legal violations upon first request. This does not apply if the user is not responsible for the legal violation. Other claims by Lernrad against the user remain unaffected.

8.5          The availability of the platform under Section 2.2 may be temporarily restricted due to technical disruptions not attributable to Lernrad. Lernrad is only liable for the consequences of limited availability within the framework of the availability promised to the user in the service description and only in accordance with Section 8.1.

 

9          Final Provisions

9.1          The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws principles; Art. 3 EGBGB remains unaffected. If the user has their habitual residence in another country within the EU/EEA at the time of establishing membership, the mandatory legal provisions of that country remain unaffected by the choice of law made in these terms of service.

9.2          The place of performance and fulfillment for Lernrad’s services is Schwetzingen.

9.3          The European Commission has established an internet platform for online dispute resolution. The platform serves as a point of entry for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. Lernrad is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9.4          If the user is a business entity as defined in § 14 para. 1 BGB, the place of jurisdiction is the registered office of Lernrad.

9.5          Oral side agreements have not been made. Changes and additions to these terms as well as all statements of the parties relating to membership require written form (§ 126b BGB). This also applies to the waiver of the written form requirement