Terms & Conditions
Terms and conditions
- Validity
The following terms and conditions govern the use of the online training courses and lectures offered by Möller Medical GmbH, Wasserkuppenstrasse 29-31, 36043 Fulda … (hereinafter referred to as “Möller”), hereinafter referred to as the “Möller Academy”.
All training courses and presentations are provided free of charge. They are not learning modules or distance learning, but purely information events.
All training courses and lectures are provided exclusively within the framework of a business relationship (B2B) between Möller and the Customer or the Customer’s employees. The offers are not aimed at private individuals (consumers).
As part of the Möller Academy, pre-recorded videos, lectures and presentations are made available to users. The content of the media provided relates exclusively to Möller products and their application.
- Registration, Contract Conclusion
In order to access the content of the Möller Academy, each user must first register and log in to use it. After registration and confirmation by Möller, the User can access the various contents of the Möller Academy. The contract for the use of the Möller Academy is concluded upon confirmation of the registration by Möller.
- User Obligations
The User is obliged to keep his access data (user name and password) for individual use of the Möller Academy secret and to not pass them on to third parties.
The User is obliged to inform Möller immediately if there are any indications of misuse of his access data or if he becomes aware that a third party has gained knowledge of his access data. Möller reserves the right to change the subscriber’s access data for security reasons. In such a case, the participant will be informed immediately.
The participant bears full responsibility for all actions carried out using his access data, even if these actions are carried out by third parties to whom he has wilfully or negligently enabled access.
The user is prohibited from allowing or authorising access to the webinars or any archived course content to anyone other than registered customers (e.g. by showing it via a projector). The participant is also prohibited from recording videos in whole or in part, either digitally or in analogue form, or recording them by means of screenshots.
- Provision of suitable IT infrastructure and software
In order to use the Möller Academy, the user must have Internet access and appropriate end devices. The User is responsible for providing and guaranteeing Internet access and the provision of the necessary technical equipment and software (in particular web browser and Acrobat Reader®) at his own expense and risk.
Möller does not guarantee the compatibility of the content offered with the end devices and the software used by the user.
- Rights of Möller
Möller is authorised to take technical measures to prevent use of the contents of the Möller Academy beyond the permitted scope, in particular to install appropriate access blocks. This includes the use of technical measures. The User may not use any devices or other means which serve to circumvent or overcome Möller’s technical measures.
Möller reserves the right to change or delete the contents of the Möller Academy at any time and without prior notice. In this case, there is no entitlement to (continued) use of the contents of the Möller Academy. The user is not entitled to any claims for compensation due to changes or deletion of (parts of) content.
Möller is entitled to temporarily or permanently block a user’s access to the content of the Möller Academy if there are indications that
- the functionality or security of the content of the Möller Academy is impaired by the technologies used by the User or Möller’s ability to check the User’s access authorisation and the permissibility of the type and scope of use is restricted;
- the user’s access data has been misused by third parties;
- the user breaches the obligations incumbent upon him/her under these Terms of Use; or
- if other circumstances exist that would justify termination for good cause.
The assertion of further rights and claims, in particular claims for damages, remain unaffected.
Möller will inform the Participant immediately of any temporary or permanent restriction or blocking of his access to the Möller Academy, stating the reasons, and give him the opportunity to comment in advance, insofar as this is reasonable.
- Respect and Protection of copyright and trademark rights
The documents (videos, scripts, presentations, graphical representations, podcasts, etc.) issued or made available for download as part of the Möller Academy are protected by copyright. These exclusive rights of use belong exclusively to Möller and, if applicable, its licensors. The participant does not receive any ownership or utilisation rights to the content provided.
The trademarks and logos listed on the documents enjoy protection under the Trademark Act. They may not be removed or altered.
Every user is obliged to use the documents and files to which he has access only within the scope expressly permitted here or permitted by mandatory statutory provisions even without our consent and not to promote unauthorised use by third parties. This applies indefinitely.
The files and documents may only be accessed and, if necessary, printed out by users and only for their own further training. The printing and downloading of files is only permitted if Möller expressly authorises this. Individual documents and files, e.g. the Instructions for Use (IFU), are made available by Möller for the user to download or, if necessary, print out – in this respect, each participant may also have the printout made with the technical support of third parties (e.g. a copy shop). Apart from that, all rights of use to the files and documents are reserved. Therefore, in particular, the making of copies of files or printouts for third parties, the passing on or forwarding of files to third parties or other utilisation for purposes other than own information purposes, whether against payment or free of charge, requires the express prior written consent of Möller. Forms of utilisation which are permitted on the basis of mandatory statutory provisions are excluded from this reservation of consent. In particular, the downloading of any videos from the website is not permitted.
The User is obliged to provide Möller with written information about the type and scope of use of the contents of the Möller Academy on request. Other rights and claims in the event of use in breach of contract remain unaffected.
Möller draws the Participant’s attention to the fact that unauthorised use of copyright-protected course content may be prosecuted under criminal law.
- Guarantee/Limitation of Liability
Möller is committed to ensuring that users receive error-free and complete content. For this reason, information about any errors or outdated information is checked as quickly as possible and changes are made if necessary.
Möller does not guarantee that the contents of the Möller Academy are suitable for specific purposes intended by the user.
Möller accepts no liability whatsoever for content, statements and information provided by third parties. Accordingly, Möller also assumes no guarantee that such content, statements and information from third parties and the information contained therein are suitable for specific purposes intended by the user.
Claims for damages by the user are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by Möller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, Möller is only
liable for the foreseeable damage typical of the contract if this was caused by simple negligence.
The restrictions also apply in favour of Möller’s
legal representatives and vicarious agents if claims are asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
- Change of Terms and Conditions
Möller reserves the right to amend these terms and conditions at any time by deleting, replacing or supplementing them. In such a case, users will be notified of the change.
- Data Protection
Personal data is collected and processed as part of the registration and use of the Möller Academy. With regard to data protection aspects, including in accordance with the General Data Protection Regulation (GDPR), we refer to the separate privacy policy. This Privacy Policy is an integral part of these Terms of Use.
- Jursitiction
The use of the Möller Academy is subject to the provisions of German law. The competent courts at the registered office of Möller are responsible for legal disputes.