§ 1 Scope
These General Terms and Conditions apply to all services provided within the university based platforms of the International Medical College of the University of Duisburg-Essen and to all contracts concluded between MIB GmbH, Gartenstraße 21, 48147 Muenster, Germany, and its customers (participants).
§ 2 Co-operative duty of participants to ensure appropriate technical standards
Participants must have the appropriate technical requirements of the software and hardware (e.g. sufficiently fast Internet connection, browser, etc.). They undertake to store login data carefully, not to pass them on to third parties and to protect them from unauthorised access.
Like any other user of interactive devices, participants must neither enter insulting, defamatory, threatening, racist or other unlawful statements, nor other contents nor provide links to such contents. Like any other user, participants are obliged to abide by existing law (e.g. criminal law, trademark law, intellectual property law, law against unfair competition). If unlawful contents are entered, the host reserves the right to ban or delete such contents. Furthermore, in such cases criminal or civil prosecution may be pursued.
§ 4 Obligations of participants regarding protection of their hardware
Users of the university based platforms are obliged to ensure appropriate technical security measures for their own protection against viruses, worms, Trojan horses, or any other programmes that could damage their data or hardware.
§ 5 Copyright of study material
The copyright of the study material remains with the organiser. Participants are entitled to use the study material for their private purposes. Using the study material for commercial purposes is prohibited.
§ 6 Information on the completeness, correctness and up-to-dateness of the content displayed on the university based platforms of the IMC
The completeness, correctness and up-to-dateness of the content displayed on the university based platforms of the IMC cannot be guaranteed despite diligent review. Any liability of the organiser is thus excluded regarding any damage possibly resulting directly or indirectly from the use of the university based platforms or the information contained therein, as long as neither willful misconduct nor gross negligence committed by the organiser can be proven. The use of the information contained on the university based platforms particularly does not release the user from the doctor`s duty to take due care. If a participant commits a negligent act, he or she is liable to the respective extent for consequences and disadvantages caused to the organiser or a third party when he or she uses the information displayed on the university based platforms in an improper or unlawful manner. The same applies if the participant violates his or her obligations.
§ 7 Liability regarding external links
The organiser expressly distances itself from the contents of all third-party sites for which it has provided links or cross-references and disclaims responsibility for all such third-party sites and their contents.
§ 8 Court of jurisdiction
The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany. 48143 Münster, Germany, is agreed as the exclusive place of jurisdiction for all disputes arising from the services and contracts within the framework of the university continuing education platforms.
§ 9 Notice of termination of contract
(1) The participant can give notice of termination of the distance learning contract, without specifying reasons, at the earliest at the end of the first six months after the contract has been signed with a period of notice of six weeks, and, after the first six months, at any time with notice of three months. The rights of the organiser and the participant to terminate the contract for important reasons remain unaffected.
(2) Notice of termination of contract must be given in writing.
(3) In the case of termination of contract, the participant has only to pay that part of the fees corresponding to the value of the service provided by the organiser for the actual duration of the contract.