Terms of use
The following Terms of Use apply to all contracts concluded between Quadrat Kreuzberg GmbH, Weinstraße 58, 67147 Forst an der Weinstraße, e-mail: support@meisterklasse.de (hereinafter "Provider") and the customers designated in § 1 (2) (hereinafter "Customer") for the use of the platform https://meisterklasse.de/ (hereinafter "Platform").
§ 1 Scope of application
(1) The provider provides a platform at https://meisterklasse.de/ on which customers can stream videos (hereinafter "content") as required. With regard to the exact content and the mode of operation of the platform, reference is made to § 3.
(2) The offer of the Provider is exclusively directed at consumers who have reached the age of 18 at the time of the conclusion of the contract. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
§ 2 Reservation of right to amend
(1) The Provider is entitled to amend these Terms of Use with reasonable notice.
(2) The provider shall only have this right if the changes are reasonable for the customer, taking into account the interests of the provider.
(3) The Provider shall notify the Customer of the changes in text form no later than six weeks before they take effect.
(4) If the customer does not agree with the changes, he may object to them. The provider shall inform the customer in the notification of change both of his right to object and that the changes shall be deemed to have been approved if he does not object in text form within a period of one month from receipt of the notification of change.
§ 3 Subject matter of the contract
(1) The platform
a) Availability
i. The platform is available to the customer at least 98% of the calendar month average. Unavailability shall be assumed if the platform is completely unavailable due to circumstances for which the provider is responsible. Unavailability is not to be assumed if the platform is not available due to
- force majeure,
- incorrect operation or use contrary to the contract by the customer or
- planned maintenance times in accordance with § 3 para. (1) a) ii.
is not accessible.
ii. The Provider may temporarily restrict access to the Platform in order to carry out maintenance work (hereinafter "scheduled maintenance periods"). The Provider shall give the Customer at least 7 days' notice of any Scheduled Maintenance Period. The total duration of Scheduled Maintenance Periods shall not exceed 8 hours per month.
b) Support hotline, response times
i. In the event of an error or malfunction of the Platform, the Customer shall notify the Provider thereof without undue delay, providing a precise description of the facts and enclosing all information useful for rectifying the error (hereinafter referred to as "error and malfunction notifications").
ii. An Error occurs when the Platform is not available as set out in these Terms of Use, or does not have the functionalities set out in these Terms of Use, breaks down uncontrollably or otherwise does not behave in a functional manner.
iii. The Provider shall set up a support service for receiving fault and error messages and answering the Customer's questions in connection with the use of the Service (together hereinafter referred to as "Support Requests"). The support can be reached by e-mail from Monday to Friday, with the exception of public holidays, from 9.00 a.m. to 5.00 p.m. (hereinafter "Service Hours") via the e-mail address provided in the Provider's imprint.
iv. The Provider shall respond to proper error and fault reports from the Customer during the Service Hours within 72 hours (hereinafter referred to as the "Response Time") with qualified feedback on the causes of the error and the measures taken and to be taken for the elimination of the error. The Response Time does not apply to insignificant errors and faults.
v. The response time runs only during service hours. If a support request is received outside of the service time, the response time starts running from the beginning of the next service time.
(2) Contents of the platform
a) The provider shall make content available on the platform which the customer can stream as required.
b) The contents offered on the platform are online courses on a wide variety of topics which the customer can use to further his or her education in the respective area.
c) The content, duration and instructor of the online course can be seen in the respective DeepL description or preview.
d) The content offered is not distance learning within the meaning of the FernUSG. There is no control of the learning success in the sense of § 1 FernUSG.
(3) Forum
a) Furthermore, the provider offers a forum on the platform for the exchange of experiences and opinions.
b) In the forum, the customer has the possibility to write his own contributions with his experience and opinion on the retrieved content. In this way, he can exchange views with other customers on the retrieved content and discuss it with them.
§ 4 Conclusion of contract
(1) The prerequisite for streaming the content made available on the platform is the conclusion of a fee-based contract for the use of the platform.
(2) In order to conclude such a contract of use, the customer must duly and completely fill in the mandatory fields provided (title, first and last name, email address, billing address and payment data) and store a password for renewed access to his account.
(3) The term of the contract of use and the fee to be paid result from the product description displayed to the customer on the platform before conclusion of the contract. The price quoted is a gross price including the statutory value added tax.
(4) By clicking the "Buy Course" button, the customer submits a binding application to conclude a contract for the use of the platform. Before submitting the application, the customer can view and change his entries at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "I agree to the GTCs" and has thereby included them in his application. The customer can print out and save the linked terms of use via his browser.
(5) After sending the application, the customer receives an acknowledgement of receipt by email in which the customer and contract data as well as these terms of use are listed again and which the customer can print out via the "print" function or save via the "save" function. The confirmation of receipt merely documents that the customer's application has been received by the Provider and does not constitute acceptance of the customer's application. The application shall only be deemed to have been accepted by the provider when the provider has declared acceptance to the customer (e.g. by email) or has started to provide the service in another way (e.g. by activating the platform). The contents booked for a fee shall be activated at the latest upon payment.
(6) The text of the contract is stored by the provider. Only the German language is available for the conclusion of the contract.
§ 5 Right of withdrawal
(1) The customer, who is a consumer, is entitled to the following right of withdrawal.
(2) Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must contact us at
Quadrat Kreuzberg GmbH
Weinstrasse 58
67147 Forst an der Weinstraße
E-mail: support@meisterklasse.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 30 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Expiry of the right of withdrawal
The right of withdrawal expires in the case of a contract if we have started the performance of the contract after you have
- have expressly consented to our commencing the performance of the contract before the expiry of the revocation period and
- you have confirmed your knowledge that by agreeing to this, you lose your right of withdrawal from the start of the execution.
Sample cancellation formIf you wish to cancel the contract, please complete this form and return it to: Quadrat Kreuzberg GmbH 67147 Forst an der Weinstraße I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods(*)/the provision of the following service(*) ___________________________________________________________________ ___________________________________________________________________ Ordered on (*)/received on (*) __________________________________________________ Name of the consumer(s): __________________________________________________ Address of the consumer(s): ___________________________________________________________________ ___________________________________________________________________ Signature of the consumer(s) (only in the case of notification on paper) _____________________________________ Date _____________________________________ (*) Delete as applicable |
§ 6 Rights and obligations of the customer
(1) General
a) The customer is obliged to
i. to provide complete and truthful information when concluding the contract.
ii. to inform the Provider immediately of any changes to their personal data. Until such time as the data provided at the time of conclusion of the contract is changed, it shall be deemed to be correct and complete vis-à-vis the Provider.
iii. to keep secret the password set up to secure the account.
iv. to prevent third parties from using their own account.
v. to report any misuse of their own account to the Provider without delay.
vi. not to write any posts that violate applicable law, in particular violate the rights of third parties, are immoral, discriminatory, racist, left-wing or right-wing extremist, or offend religious sensibilities.
b) The customer is responsible for creating the necessary customer-side conditions for use, in particular for the telecommunications connection between him and the provider.
c) The customer must inform the provider immediately of any recognisable malfunctions of the platform and support the provider to a reasonable extent in eliminating the malfunction.
d) Copyright notices and brand names may neither be changed nor removed.
e) In the event of a significant breach of the obligations set out in § 6, the provider is entitled to block access to the platform and its content in whole or in part.
(2) Platform and content
a) The platform and the contents made available via it are protected by copyright.
b) After conclusion of the user contract, the customer is entitled to use the platform and the content provided on the platform in the intended manner for his own private purposes. For this purpose, the provider grants the customer a simple (non-exclusive), non-sublicensable, non-transferable right, limited in time to the term of the usage agreement, to use the platform and the content provided on it in accordance with these provisions.
c) The customer is in particular prohibited from the following actions:
i. Any modification, further development, copying, adaptation or any other processing of the platform and its contents, including its further distribution and public reproduction, in particular in one's own name.
ii. Any action that is likely to impair the functionality of the platform, in particular to place an excessive load on it. This also includes manipulating, blocking or overwriting the platform or hacker attacks on it.
iii. Circumventing technical (access) restrictions to the platform.
(d) Any use beyond the intended use of the platform is not permitted.
(3) Forum
(a) All contributions written by the customer (so-called user generated content) are not checked by the provider for their legal admissibility. The customer is responsible for the legal admissibility of the content he/she posts and for ensuring that it does not infringe the rights of third parties, in particular with regard to personal rights, copyright and criminal law.
(b) The Customer hereby indemnifies the Provider against all claims asserted by third parties against the Provider due to an infringement of their rights by the contributions written by the Customer.
(c) The provider is entitled to temporarily or permanently block the contributions made in the forum, to remove them from the network, or to change them in such a way that they no longer infringe the rights of third parties or to issue the required cease-and-desist declarations if a third party asserts a claim against the provider for cease-and-desist because of a contribution made by a customer in the forum.
§ 7 Warranty and liability
(1) The Provider shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Provider shall only be liable - unless otherwise provided for in § 7 (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 the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the Provider is excluded subject to the provision in § 7 (3).
(3) The liability of the Provider for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 8 Final provisions
1) 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. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer, who is a consumer, has his habitual residence, shall remain unaffected.
(2) Should any provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected thereby. The invalid provision shall be replaced by a provision that comes as close as legally possible to the intention of the parties. The same shall apply in the event of a loophole.
§ 9 Online Dispute Resolution pursuant to Art. 14 (1) ODR Regulation
You can find the European Commission's online dispute resolution (ODR) platform here: http://ec.europa.eu/consumers/odr/
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.