ICGood GTC (GENEREL TERMS AND CONDITIONS)
These are the general terms and conditions of ICGood GmbH (subsequently called “provider”) for the use of the information platform “Online Vision Training”. These terms and conditions regulate the contractual relationship between the provider and the individuals and legal entities that use the platform as registered members (subsequently called “user”). Registering on the platform incurs a fee.
§ 1 Object of agreement
(1) By registering and paying, the user makes a binding offer to conclude a sales agreement. By registering and paying, the user also acknowledges and accepts these terms and conditions. The provider confirms receipt of the registration of the customer by sending a confirmation email. This registration confirmation constitutes acceptance of the agreement by the provider. It also serves as a confirmation to the customer that their registration has been received by the provider.
(2) The terms and conditions shall regulate:
– the online access of the training platform or individual parts thereof;
– the reproduction of individual content by the user concerning downloads or printouts;
– the access of non-downloadable information (streaming);
(3) The provider has the right to amend the range of services (platform content, structure of the platform and user interface, etc.), for as long as by doing so the purpose of the agreement entered into with the user is not considerably affected. The provider will notify the user accordingly of any amendments.
§ 2 Availability
The information service is available 24 hours a day for Internet online access. During this time, the provider guarantees the user an average platform availability of 97%. Exceptions shall be short maintenance periods and/or interruptions due to force majeure.
§ 3 Registration
(1) Registration is required to have access to the platform. The user is required to complete the information requested at the time of registration accurately and completely.
(2) Registration incurs a fee.
(3) The user shall receive a username and password after completing the registration process. The user shall keep this username and password safe and ensure that no third party has access to them. If a wrong password has been entered three consecutive times under a certain username, then access will be suspended.
§ 4 Right to cancel
(1) Right to cancel
You have the right to cancel this agreement in writing (for example by letter, fax or email) within 14 days without giving any reason. This 14-day period starts after receipt of said notification in writing, but not before the contract is concluded, nor before fulfilling our obligation to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the EGBGB [Introductory Act to the German Civil Code], as well as our obligation pursuant to § 312e (1) sentence 1 of the BGB [German Civil Code], in conjunction with Article 246 § 3 of the EGBGB [Introductory Act to the German Civil Code]. The cancellation deadline is considered met if you have sent notification within the prescribed period. The cancellation notice should be addressed to: ICGood GmbH, Kolpingstraße 16, 68165 Mannheim,
Email: firstname.lastname@example.org, email@example.com
If you do decide to exercise your right to cancel, then we will send you an immediate confirmation (for example via email) that we have received such a cancellation.
(2) Consequences of the cancellation
If you cancel this contract, we shall immediately refund all payments we have received from you, including delivery costs (with the exception of additional costs that may arise if you choose a delivery method different to the cheapest standard delivery method we offer), or at the latest within 14 days from the day we have received your cancellation notice. For this return payment we will use the same payment method that you used in the original transaction, unless we have agreed on another method. At no point will we charge you any fees for this return payment.
§ 5 Technical capabilities/requirements
(1) The user is responsible for his or her technical capabilities or requirements to be able to have uninterrupted access to the platform, and to be able to download content from the platform. The user is also responsible for acquiring and maintaining the hardware and Internet connection required to access and use the platform.
(2) The costs of setting up and maintaining the online connection are the responsibility of the user. The provider is not liable for the security and content of data communication conducted via communications networks of third parties. The provider is also not liable for interruptions to data transmissions due to technical faults or configuration problems on the end of the user.
(3) The user is responsible for the hardware and software used by him or her, as well as for the communication channels used by him or her. Hardware or software failure on the end of the user does not release him or her from the obligation to pay the basic fee.
§ 6 Granting user rights
(1) The platform as well the individual content is – unless otherwise stated – copyright protected. The user is required to observe the existing copyright laws and must commit to not violating said copyright laws.
(2) The user can access the content for his or her own use, and if applicable, partially save and use said content. The parameters of § 53 of the UrhG [Copyright Act] serve as a guideline for this. The information accessed can only be utilised for the personal and private use of the user. Companies with several users shall receive a separate individual agreement granting further user rights.
(3) The content of this platform may not be partially or entirely downloaded or copied, it may not be made available to third parties, publicly displayed or reproduced, nor in any other way passed on permanently or for a fixed time, for a fee or for free, to third parties. Additionally, any modifications, translations of or any other amendment to the content is not permitted.
§ 7 Payment and payment methods
(1) The user of the platform shall be charged a user fee as stated in the agreement. The user is identified when entering the username and password, and shall be invoiced accordingly.
(2) The use of offers that incur a fee can either be paid via credit card, direct debit or PayPal. Once registration has been completed, your credit card, current account or PayPal account will be charged accordingly.
§ 8 Conditions for money-back guarantee
The provider will refund the entire payment arising from §7 (1) without fees or deductions, via the original payment method:
Please send the corresponding request in writing to: ICGood GmbH, Kolpingstr. 16, 68165 Mannheim, or to: firstname.lastname@example.org before the end of the first month of subscription.
§ 9 Copy protection and access suspension
(1) The provider reserves the right to encrypt all downloadable content to prevent unauthorised access. The user does not have the right to remove the encryption. The provider reserves the right to keep the encryption technology at the state of the art level and within legal parameters.
(2) The user obtains the right to access the offered online streaming content (use), but not the right to store this information on a long-term basis. Specifically, local storage of streaming content, copying and recording using Capture software is prohibited. Furthermore, it is prohibited to pass on streaming content or make said content available to third parties.
(3) Serious and/or regular violations of the GTCs may result in the user being temporarily or even permanently suspended from using the platform. Said temporary or permanent suspension of a user must be preceded by a request to stop the unauthorised access. The suspension can only be implemented if the user in question is still using the platform illegally despite being asked to desist. Previously suspended users may be given access again once it has been ascertained that their illegal actions will no longer continue in the future.
§ 10 Guarantee and liability
(1) The platform “Online Vision Training” is not meant to give medical diagnoses or treat any complaints or diseases of the eye or the visual system. Liability claims against the author, the use of the online platform or the exercises involved, are strictly ruled out. This also includes – but is not limited to – all personal liabilities. If in doubt, please contact your ophthalmologist.
The author expressly reserves the right to amend or even delete some pages, or the entire content of the website, or suspend publishing of the pages – temporarily or permanently – without prior notification.
(2) The provider is not liable for the content, suitability and accuracy of the public transmission lines and the private data communication equipment of the user.
§ 11 Duration of paid access
(1) The user agreement is valid for 6 months. After this period, the agreement does not automatically renew. The obligations of the user arising from §7 of this agreement are not affected if the user chooses not to access or use the items on offer.
(2) The regulations described above do not affect the right of both parties to cancel this agreement for cause. A valid reason to cancel the agreement for the provider would exist specifically if the continuation of the contractual relationship is no longer deemed reasonable under the prevailing circumstances of the individual case and taking into account the interests of both parties. Valid reasons would include the following:
– violation of statutory provisions by the user;
– breach of contractual obligations by the user.
§ 12 Applicable law
The agreement entered into with the user is exclusively subject to the laws of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
§ 13 Court of jurisdiction
The exclusive court of jurisdiction lies in Mannheim, headquarters of the provider.
§ 14 Subject to change
The provider has the right to change or amend these terms and conditions at any time, for as long as this becomes necessary due to corresponding legislative changes or in the course of expanding the areas and technical requirements of the platform to cover newly integrated functions. The user has the right to object to such a change. Should the user fail to exercise his or her right to object within a period of 6 weeks after notification of said changes, then these changes become effective. The provider shall specifically inform the user in writing or vie email at the start of the designated period that the changes shall be deemed as accepted if the user does not object within a period of 6 weeks.
§ 15 Final provisions
(1) As long as other arrangements are not in place, the user can send all declarations to the provider via email or using the contact form, or even via regular letter. The provider can send declarations to the user via email or letter using the addresses indicated as being current by the user in his or her account.
(2) If individual provisions of these terms and conditions should be or become invalid for whatever reason, this shall not affect the validity of the other provisions. The parties are obligated to replace the invalid provision with another valid provision, which comes closest to the purpose intended by the invalid provision. This also applies to loopholes in the contract.