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TERMS AND CONDITIONS of webop GmbH
TERMS AND CONDITIONS
Use of the www.webop.de website is regulated by the Webop GmbH Terms and Conditions. You may print out, save and download these Terms and Conditions.
1. Scope of Application
1.1 These Terms and Conditions apply for both companies and private consumers.
1.2 These Terms and Conditions are the sole basis for all transactions with companies. Any buyer terms and conditions of the in conflict with our Terms and Conditions require prior express approval by us in writing. Even if we unconditionally accept the service for the customer in full knowledge of customer terms and conditions conflicting with ours, our Terms and Conditions still apply.
2. Contract Object
After activation via a digital pay-wall, Webop offers
- services allowing its customers to access online the complete content of the multimedia Atlas of Surgical Techniques (currently visceral surgery).
The representation of the Webop offer does not constitute an offer per article 145 et sqq. of the German Civil Code (BGB) but a non-binding invitation to the customer to use the content on servers. With the purchase the customer submits a binding tender to conclude a contract with Webop regarding the content selected. The contract with Webop is concluded with Webop activating the access for the customer. If Webop does not execute the order within one week, the contract will become void. Any considerations provided by the customer will be compensated without delay. The customer will be notified by email upon receipt of the order.
The content may only be used for private purposes. Private and commercial use is only permitted after written consent by Webop.
Webop content may not be reproduced or transmitted in any form without prior consent by Webop. The customer may not make a backup copy.
The use of Webop requires compatible devices, internet access and certain software. Viewing and downloading of videos requires high-speed internet access. It is the responsibility of the customer to meet said requirements. The customer is responsible for the orderly performance of the download as well as installation of the system requirements (hardware and other software).
Webop reserves the right to change the content of the offer, remove said content temporarily or permanently, or deactivate its access. This does not constitute the right for revocation by the customer.
Passwords and account access. The member who created the webop account and whose payment is debited with the membership fees (the "account owner") has access to and control of the webop account used to access the webop service.
In order to keep control of the account and to prevent access by unauthorized persons, the account holder must always have control over the access to the service which is not allowed to share the password or the account details for the selected payment method with third parties.
You are responsible for updating the information provided with your account and ensuring that it is up-to-date. In order to protect you, webop from identity theft or other fraudulent activities, webop is entitled to terminate your membership or suspend your account temporarily.
4. Membership, prices and products
Conclusion webop membership: Your webop membership will be renewed automatically every month until your termination. In order to use the webop service by membership, you need a valid and accepted form of payment, which you must specify when the membership is completed.
As long as you do not terminate your membership before your monthly invoice date, you automatically agree to the fact that the membership fee will be deducted from your payment method for the following month (see section "Termination of the webop membership").
Termination of the webop membership. You can terminate your webop membership at any time and continue to use the webop service until the end of your monthly billing period. Where applicable under applicable law, payments are not recoverable. Refunds or credits for incomplete months or webpages not viewed will not be granted. To cancel, please go to the "Your Account" page and follow the instructions for termination. If you cancel your membership, your account will automatically close at the end of the current billing period.
Cycle of invoicing. The membership fee for the webop service and any charges that may arise in connection with the use of the service, such as taxes and transaction fees, will be deducted from your payment method on the basis of the monthly fee. In some cases, your payment date may change. This is, for example, the case if the amount could not be deducted from your payment method, or if your paid membership started on a day that does not exist in the respective month.
4.2 Single purchase of a lecture
If you do not wish to be a member, you have the possibility to obtain access to a teaching contribution or several lectures. Your access is valid until the end of the expiration date at 11:59 pm.
The prices listed in the price list, including VAT, apply. The VAT rate valid on the day of invoicing shall apply. In case of doubt, the price is determined according to the assortment and performance overview valid at the time of the acceptance of the order.
4.3. Changes in price and membership offer
Our membership offer and prices for the webop service may change occasionally. However, you will be informed of any changes in prices and our membership offer at least 30 days prior to its entry into force.
Pricing is subject to the prices (including value-added tax) listed in the price list . Billing will be based on the value-added tax rate effective at the day of invoicing. In case of doubt, prices are subject to the product and service list effective the day when the offer was accepted.
6. Conditions of Payment
Webop only accepts the following instruments of payment:
• Credit cards (Mastercard, Visa)
• Direct debit
Webop may debit these instruments of payment for all products bought and any additional amounts arising from the order (including any reminder fees). Payments are due without any deductions.
7. Set-off and Lien Rights
The customer has the right for set-off only if the customer counter claims are uncontested, have become legally binding or have been recognized by Webop. Lien rights by commercial customers are precluded unless the counter claims of the customer arise from the same contract and are uncontested or legally binding.
8. Statutory Limitation/Forfeiture of Claims
If liability for damages not arising from injuries to the life, body or health of the customer has not been precluded, such claim must be brought within a statutory limitation of one year beginning with the day of manifestation of such claim.
Contrary to article 195 of the German Civil Code (BGB), Webop claims for payment expire after five years. The start of the statutory limitation period is subject to article 199 German Civil Code (BGB).
9. Damage Liability
Webop is not liable for the surgical techniques depicted in the videos. The responsibility for the type and manner of an operation solely rests with the physician performing the surgery. The operations depicted here may contain techniques not in line with established standards of surgical procedures.
Liability for contractual dereliction of duty and tort claims is limited to intent and gross negligence. This does not apply in those cases where the life, body or health of the customer has been injured due to infringement of the material contractual obligations, i.e., duties arising from the nature of the contract and where their infringement endangers the fulfillment of the contract object; it also does not apply to compensation for damages of delay (article 286 German Civil Code (BGB)).
10. Data Protection
In as much as required by business operations and permitted by the Federal German Data Protection Act, any such customer information will be saved on and processed by IT systems. The regulations governing data protection may be accessed under Data Protection in the main menu on the homepage and are part of these Terms and Conditions.
11. Other Provisions
10.1 Place of jurisdiction and payment is the legal domicile of Webop.
10.2 If the customer does not have a place of general jurisdiction in Germany or another member country of the EU, the sole place of jurisdiction for all claims arising from this contract is the legal domicile of Webop.
If the customer is a merchant, corporate body under public law or a special public fund, the courts competent for the legal domicile of Webop will have sole jurisdiction.
10.3 Legally material declarations and notifications by the customer to Webop must be in writing.
10.4 If one or more terms and conditions are or become invalid, this will not affect the other terms and conditions.
10.5 All privities arising from this contract are subject to the laws of the Federal Republic of Germany but not the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Terms and Conditions version: 08/08/2018