Terms and conditions

On this page you find the

• General Terms and Conditions of Use: for the basic version of the portal (free preview content).
• The Special Terms and Conditions: for the optional additional services that are subject to a fee (always explicitly designated as such).

Please also have a look at our data protection policy.

I. THE PURPOSE OF THESE GENERAL TERMS AND CONDITIONS OF USE

1. With www.ecgbuddy.com, the Doctopia GmbH, Gleimstrasse 43, 10437 Berlin, (hereinafter referred to as "Doctopia") provides an online learning portal (hereinafter referred to as the "portal") via the Internet for medical students, physicians, and medical professionals (nursing and emergency medical services) - hereinafter referred to as "users." As part of the offer, medical topics are prepared by physicians according to the known state of science and to the best of their knowledge on the basis of their own experience and research and in good conscience, and are made available to the users for retrieval in various ways.
2. These General Terms and Conditions of Use apply exclusively to the use of the portal. With regard to the optional use of additional fee-based services, the Special Terms and Conditions available here shall also apply. Deviating, conflicting, or supplementary terms and conditions of the user hereto are not applicable. However, individual agreements shall have priority.

II. REGISTRATION / ACCESS TO THE PORTAL

1. Successful registration is required to use the portal. For this purpose, the user must register by using their own e-mail address as the login name and selecting a password. Users must provide a valid e-mail address as a means of contact and keep it current for the duration of the registration, which ensures Doctopia's communication with the user (for example, in the event of password requests, etc.).
2. Only the person who has registered for the portal is entitled to use the corresponding profile. Use by more than one person is not permitted. The user assures Doctopia that the details provided during registration are complete and accurate.
3. Users must be at least 18 years of age to use the portal. In this regard, Doctopia is entitled to conduct random checks and, in individual cases, to request proof of age. Profiles of users under the age of 18 are subject to immediate deletion by Doctopia.
4. With the application for registration, the user declares their agreement with the validity of these General Terms and Conditions of Use as well as the Privacy Policy. Pending verification of the provided information, the receipt of the registration request will be confirmed to the e-mail address specified by the user. The user is then free to complete the registration process within 30 days by clicking on the activation link. There is no entitlement to a confirmation of the registration by Doctopia or to access to the portal.
5. Doctopia reserves the right to exclude users from further access to the portal in case of a suspected or proven violation of these General Terms and Conditions of Use and to suspend any further access.

III. REMUNERATION

1. As a rule, the user does not have to pay for use of the basic version of the portal (free preview content).
2. Optional additional services that may be subject to a fee are explicitly designated as such and are to be remunerated according to Doctopia's current price list. In this regard, the Special Terms and Conditions available here shall apply, which the user must take note of and consent to before utilizing the additional services.
3. Costs and expenses incurred directly by the user through the use of the portal (e.g. dial-up costs, costs of a DSL or mobile connection, etc.) shall be borne solely by the user.
4. The portal is also financially supported by advertising. On the basis of the personal data provided by the user, individualized advertising will be displayed within the user's profile. More information on this can be found in Doctopia’s Privacy Policy.

IV. OBLIGATIONS OF THE USER

1. The use of the portal is only permitted in compliance with the legal provisions and the regulations of these General Terms and Conditions of Use.
2. The user is solely responsible for the content of their registration and for all information they provide about themselves. The user assures that they will only provide truthful and complete information.
3. The user may not offer, distribute, make accessible and/or link to any content on the portal that violates applicable law or these General Terms and Conditions of Use.
4. The user is obliged to treat messages or other content received from third parties in connection with the use of the portal as confidential and not to make them accessible to third parties without the consent of their author.
5. The user agrees to not use the portal in an inappropriate manner. In this respect, they are prohibited in particular from a.) harassing, threatening, deceiving, or damaging other users or third parties, b.) creating or using a profile that infringes the rights of third parties, c.) posting content in their profile that violates the law.
6. In the event of a breach of the aforementioned provisions, morality, or the rights of third parties, the user shall be liable to Doctopia for compensation of all damages arising therefrom, provided that the user is culpable. The user hereby fully indemnifies Doctopia from and against any and all third party claims resulting from such breaches.
7. Should Doctopia detect any breach of the aforementioned provisions, Doctopia is entitled to immediately suspend the user from using the portal and to permanently delete the user's stored data.

V. DEREGISTRATION AND TERMINATION

1. All users are entitled to deregister from the portal at any time without providing any reason. You may deregister directly within the portal or via e-mail to info@doctopia.de. Any deregistration shall be deemed to be an immediate termination of the registration.
2. Upon receipt of the user's request to deregister, Doctopia is entitled to irrevocably and permanently delete all of the user’s stored data.

VI. OPERATION OF THE PORTAL

1. Doctopia is entitled to discontinue or modify the portal at any time or to change it in any other way, provided that the change or deviation, taking into account the interests of Doctopia, is reasonable for the user. For technical reasons, there may be temporary and/or content-related limitations regarding the availability of the portal or certain functions at any time. There is no entitlement to uninterrupted or disruption-free access to the portal, nor is there any entitlement to uninterrupted use or availability. This applies in particular insofar as access to the portal is affected by disruptions that are not the responsibility of Doctopia.
2. Doctopia endeavors to provide access to the portal 24 hours a day, 7 days a week. However, temporary interruptions of service due to the usual maintenance work, disruptions at third-party providers, or network operators as well as in the event of force majeure are possible at any time. Users have no claim to the continuous availability of the portal at any time.

VII. RIGHTS

1. All rights to the portal as well as the associated content, designs, technologies, or markings are the exclusive property of Doctopia. Any personal use by the user is prohibited without the prior written consent of Doctopia.
2. Downloading of content from the portal is prohibited, with the exception of specially designated data that is explicitly marked for such use. Likewise, republication, reproduction, or any other use of content by the user is prohibited.

VIII. WARRANTY AND LIABILITY

1. Doctopia's offer is designed to convey medical content to users in a comprehensible way in order to simplify the learning process and make it more efficient. For this reason, content is presented in a condensed form and therefore inevitably loses any pretense to completeness. There may be abbreviations and/or summaries which indicate that certain details are not mentioned or not mentioned in full. In this respect, Doctopia does not replace study from other sources such as lectures, textbooks, etc., but is understood as a supplementary and optional way of understanding medicine.

2. Medical knowledge is subject to constant change through research and clinical experience. Despite regular updates, the accuracy and completeness of the presented information cannot be guaranteed.

3. Doctopia is designed as a training aid for medical professionals and its content in no way replaces personal consultation, examination and treatment by a licensed physician.

4. Doctopia does not constitute a clinical guide. With this in mind, all users, insofar as they are active in healthcare, must adhere exclusively to the guidelines of the respective professional societies as well as to their respective superiors or other specifications and rules with regard to all medical decisions (diagnostics, therapy, etc.). In particular, the indication criteria, consideration of contraindications, dosage and adverse drug reactions as well as the use of medical products must be carried out solely in accordance with current care guidelines and the manufacturer's instructions.

5. Concerning Doctopia's liability, the following shall apply:

a.) Claims of the user for damages are excluded. This does not extend to claims for damages of the user arising from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Doctopia, its legal representatives, or vicarious agents. Material contractual obligations are those whose performance is necessary to achieve the objective of the contract.

b.) In the event of a breach of material contractual obligations, Doctopia shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless it is a matter of claims for damages by the user arising from injury to life, limb, or health. Liability for loss of profit, indirect damage, consequential damage and claims by third parties is excluded under this clause.

c.) The restrictions of paragraphs 1 and 2 shall also apply in respect of Doctopia's legal representatives and vicarious agents if claims are asserted directly against them.

d.) The regulations of the product liability law remain unaffected.

6. Doctopia is liable for the recovery of data only insofar as the user has taken all necessary and reasonable data security precautions and has ensured that the data can be reconstructed with reasonable effort from data material that is kept available in machine-readable form.

7. Apart from this, any liability of Doctopia is excluded. In particular, Doctopia is not liable for failures of the portal, for the loss, incompleteness, or inaccessibility of the portal or damages of any kind due to denial-of-service attacks, e-mail bombing or computer viruses for which third parties and not Doctopia are responsible.

8. The user is obliged to report any damages in the sense of the above liability regulations immediately to Doctopia in writing or by e-mail in order that Doctopia is informed as early as possible and can possibly limit or reduce damages together with the user. Notwithstanding the foregoing, the user shall also be obliged to take measures to limit any damage.

9. Doctopia is not responsible for the content of linked websites. The links are provided solely to facilitate the provision of information to users. Doctopia is not liable for the content and activities of such content.

IX. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

1. Doctopia is entitled to change these General Terms and Conditions of Use at any time. The user shall be promptly informed of any such changes.
2. If the user does not make any objection to the changes within four weeks of being notified of them, the changes shall be deemed accepted. The user will be informed thereof when the changes are announced.
3. In the event that the user objects to the changes, they or Doctopia may immediately terminate their further use of the portal.

X. FINAL PROVISIONS

1. Information on online dispute resolution: The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to first resolve disputes related to their online order without going to court. The dispute resolution platform can be accessed via the external link: http://ec.europa.eu/consumers/odr/ In this connection, we are obliged to refer you to our e-mail address info@doctopia.de. We will always endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we have decided not to participate in any arbitration proceedings. We are also not obliged to do so.
2. In business transactions with merchants, legal entities under public law or special funds under public law, the place of performance and jurisdiction shall be Berlin, unless otherwise agreed. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction, in particular with regard to consumers within the meaning of  § 13 of the German Civil Code (BGB).
3. This contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of any renvoi. However, the choice of law shall not apply to the extent that you, as a consumer within the meaning of § 13 of the German Civil Code (BGB), would be deprived of the protection afforded to you by those provisions which, under the mandatory law of the country in which you, as a consumer, have your habitual residence, may not be deviated from by agreement.
4. Should provisions of these General Terms and Conditions of Use be or become invalid in whole or in part, this shall not affect the remaining provisions. Rather, any invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the original result if they had known of the invalidity of the provision. The same applies to any regulatory gaps.

§ 1 Scope of application

(1)

The following Special Terms and Conditions (hereinafter referred to as "STC") shall apply in the respective current version to all contracts concluded via our website accessible at www.ecgbuddy.com (hereinafter referred to as the "portal") concerning supplementary fee-based services between us,

Doctopia GmbH
Gleimstrasse 43
10437 Berlin

and you as our customer.

(2)

These STC regulate the legally binding booking of paid online courses (hereinafter "online courses") via the portal we operate. With regard to the content and nature of the offer as well as further details on the online courses, users are referred to the description on the portal as well as to the information provided during the booking process. As a rule, you acquire access to the selected online course upon activation with a successful order and can access the course as often as you wish for the period of time specified in more detail in the description. [With regard to the Club Membership that we offer, the services provided are those described within the scope of the relevant service description].

(3)

This portal or the online courses, as measures of professional training, are aimed exclusively at entrepreneurs within the meaning of § 14 BGB. Entrepreneurs are natural or legal persons or legally incorporated partnerships who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Notwithstanding the foregoing, a customer shall be deemed to be a consumer within the meaning of § 13 of the German Civil Code (BGB) if and to the extent that the purpose of their order cannot be predominantly attributed to their commercial or independent professional activity. As a rule, consumers are excluded from making use of our offer.

(4)

All agreements made between you and Doctopia in connection with the conclusion of the contract are based in particular on these STC and our written order confirmation. However, individual agreements shall have priority. In addition, our General Terms and Conditions of Use shall apply. We do not accept any deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

(1)

The presentation and advertising of the online courses on our portal do not constitute a binding offer to conclude a contract.

The contract is concluded exclusively in electronic commerce via our portal and through acceptance of your booking. The order process for the conclusion of the contract includes the following steps on our portal:

• Selection of the offer/online course
• Entry of personal data/billing address
• Accepting the STC
• Selection of payment method
• Click on the button "Book fee-based course"
• Confirmation e-mail that order has been received

(2)

Upon submitting an order via the portal by clicking the button "Book fee-based course," you are making a legally binding booking.

(3)

A contract is only concluded when we accept your order through a declaration of acceptance contained in an e-mail following the confirmation e-mail, or alternatively through the online provision (activation) of the selected online course (hereinafter: "course provision").

(4)

The contract language is English. We store the text of the contract. We will send you the order data and our STC in text form immediately after conclusion of the contract.

§ 3 Remuneration/prices

(1)

All prices on our portal are gross prices including the statutory value added tax. The total price you have to pay is calculated according to the number of online courses you have booked. The final price including VAT is displayed in the order screen before you submit the order.

(2)

There are no shipping costs as we send the booking confirmation and your course provision electronically to the e-mail address you provide.

§ 4 Terms of payment

(1)

The fee you must pay for the provision of the course is due for payment before activation.

(2)

You can pay the remuneration according to your preference exclusively via the payment service provider we use PayPal or credit card. No other payment methods are currently offered.
Use of the payment service provider enables Doctopia and you to process payments. The respective payment service provider will forward your payments to us. For more information, please visit the website of the respective payment service provider [ PayPal]. In case of payment by credit card without further reminder, you must be the cardholder. You will automatically be in default after the expiry of a payment deadline and your entitlement to the booked service will expire.

(3)

You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same contractual relationship.

(4)

You may only exercise a right of retention if your counterclaim arises from the same contractual relationship.

§ 5 Liability

(1)

We shall be legally liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence for damages or reimbursement of unnecessary expenditures in accordance with the statutory provisions.

(2)

In other cases, we shall only be liable - unless otherwise stipulated in § 5 para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance you as a customer may regularly rely (so-called cardinal obligation). Our liability here is moreover limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.

(3)

Our liability for damages arising from injury to life, limb, or health and pursuant to the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 6 Data protection

In connection with the initiation, conclusion, execution, and rescission of a contract on the basis of these STC, we collect, store and process the personal data that you provide. This is done within the framework of the legal provisions in compliance with the requirements of data protection law. We do not pass on any personal data from you to third parties unless we are legally obliged or authorized to do so or you have expressly consented to such a transfer in advance.

If and to the extent that a third party should be used for services in connection with the handling of processing operations (such as payment service providers), the provisions of the German Federal Data Protection Act and other provisions of data protection law shall be strictly observed. The data provided by you in the course of placing an order will be processed exclusively for the purpose of contacting you within the scope of contract processing and only for the purpose for which you provided the data.

Insofar as we are subject to retention periods under commercial or tax law, some data may be stored for up to ten years. At your request, personal data will be deleted, corrected, or blocked within the framework of the legal provisions. You can request information about all your stored personal data free of charge. For questions and requests for deletion, correction, or blocking of personal data as well as collection, processing and use, please contact the following address:

Doctopia GmbH
Gleimstrasse 43
10437 Berlin
Germany
info@ecgbuddy.com

You can find further information in our Privacy Policy.

§ 7 Property rights

The contents of our portal, i.e. in particular the online courses, as well as the required and used software are subject to property rights and legal regulations for the protection of intellectual property. You are not granted any rights to these except for use in accordance with the contract.

§ 8 Information on online dispute resolution, applicable law and place of jurisdiction

(1)

Information on online dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to first resolve disputes related to their online order without going to court. The dispute resolution platform is accessible via the external link http://ec.europa.eu/consumers/odr/.

In this regard, we are obliged to refer you to our e-mail address

info@ecgbuddy.com

We will always endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we have decided not to participate in any arbitration proceedings. We are also not obliged to do so.

(2)

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3)

If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Berlin. In all other respects, local and international jurisdiction shall be governed by the applicable statutory provisions.