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 referred to as "Provider") and the customers specified in § 1 (2) (hereinafter referred to as "Customer") for the use of the platform https://meisterklasse.de/ (hereinafter referred to as the "Platform"). The annual subscription "Meisterklasse Membership" is hereinafter referred to as "Subscription".

§ 1 Scope of application

(1) The provider makes available at https://meisterklasse.de/ a platform on which customers can stream videos (hereinafter referred to as "content") as required. With regard to the exact content and functionality of the platform, reference is made to § 3.(2) The provider's product range is aimed exclusively at consumers who have reached the age of 18 at the time the contract is concluded. A consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

§ 2 Subject to change

(1) The Provider is entitled to amend these Terms of Use with a reasonable period of notice.(2) The provider only has this right if the changes are reasonable for the customer, taking into account the interests of the provider.(3) The provider shall inform the customer of the changes in text form at least six weeks before they come into effect.(4) If the customer does not agree with the changes, he may object to them. In the notification of change, the provider shall inform the customer both of his right of objection and that the changes shall be deemed 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 platforma) Availabilityi. The Platform shall be available to the Customer at least 98% of the calendar month average. Unavailability is to be assumed if the platform is completely unavailable due to circumstances for which the provider is responsible. Unavailability shall not be assumed if the platform is unavailable due to- force majeure,
- incorrect operation or acts of use by the customer in breach of contract or
- scheduled maintenance times in accordance with § 3 (1) a) ii.is not accessible.ii. The Provider may temporarily restrict access to the Platform in order to carry out maintenance work (hereinafter referred to as "planned maintenance times"). The Provider shall notify the Customer of planned maintenance times at least 7 days in advance. The total duration of planned maintenance times may not exceed 8 hours per month.b) Support hotline, response timesi. Should the Platform exhibit an error or malfunction, the Customer must inform the Provider of this immediately, providing a precise description of the circumstances and all information useful for rectifying the error (hereinafter referred to as "error and malfunction reports").ii. An error exists if the platform is not 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 does not behave in a functional manner in any other way.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 (hereinafter referred to collectively as "Support Requests"). Support is available by e-mail from Monday to Friday, with the exception of public holidays, from 9.00 a.m. to 5.00 p.m. (hereinafter referred to as "service hours") via the e-mail address provided in the provider's legal notice.iv. During the service hours, the Provider shall respond within 72 hours (hereinafter "response time") to proper error and fault reports from the Customer with qualified feedback on the causes of the error and the measures taken and to be taken to rectify the error. The response time does not apply to insignificant errors and faults.v. The response time only runs during service hours. If a support request is received outside service hours, the response time shall commence at the start of the next service hour.(2) Contents of the platforma) The provider makes content available on the platform which the customer can stream as required.b) The content offered on the platform consists of online courses on a wide variety of topics that the customer can use to further their education in the respective area.c) The content, duration and speaker of the online course can be seen from the respective content 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) Foruma) In addition, the provider offers a forum on the platform for the exchange of experience and opinions.b) In the forum, the customer has the opportunity to write his own contributions with his experience and opinion on the content accessed. In this way, they can exchange information with other customers on the content accessed and discuss it with them.

§ 4 Conclusion of contract

(1) The prerequisite for streaming the content provided 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 complete the mandatory fields provided (title, first and last name, e-mail address, billing address and payment details) correctly and in full and enter a password for renewed access to his/her account.
(3) The term of the contract of use and the fee to be paid are set out in the product description, which is displayed to the customer on the platform before the contract is concluded. The price quoted is a gross price including statutory VAT.
(4) The listed prices, conditions, price offers and descriptions do not constitute an offer by the provider, but an invitation to submit an offer (invitatio ad offerendum) by the customer and can be changed or withdrawn by the provider at any time before the order is expressly accepted,
(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 terms and conditions by clicking on the "I agree to the terms and conditions" button and has thereby included them in their application. The customer can print out and save the linked terms of use via their browser.
(5) After submitting the application, the customer receives a confirmation of receipt by e-mail, in which the customer and contract data as well as these terms of use are listed again and which the customer can print out using the "print" function or save using 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 is only 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 some other way (e.g. by activating the platform). The content 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 Subscription

(1) The use of the content in the subscription is for an indefinite period until the subscription is terminated. As long as the subscription is not canceled by the customer, the provider is entitled to debit the membership fee for the following billing period from the payment method selected by the customer. The subscription is automatically renewed for the original term if the customer does not cancel it in good time. The customer can view the next payment date under "My profile".(3) If a payment cannot be processed successfully, access to the content of the subscription may be blocked by the provider.(4) The customer can update the payment methods via his profile. The customer then authorizes the provider to charge the updated payment method. (5) The Customer can cancel the subscription himself in his account under "My profile", by e-mail (support@meisterklasse.de) or in writing by post (Quadrat Kreuzberg, Weinstraße 58, 67147 Forst).
(6) Billing takes place annually. (7) After expiry of the initial term, the customer has a right of termination in accordance with the statutory provisions of § 309 No. 9 b) BGB.

 

§ 6 Right of withdrawal

(1) The customer, who is a consumer, is entitled to the following right of withdrawal.(2) Cancellation policyRight of withdrawalYou have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must contact us at

Quadrat Kreuzberg GmbH
Wine Route 58

67147 Forst an der Weinstraße
E-mail: support@meisterklasse.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

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.

§ 7 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 the data provided to the provider upon conclusion of the contract is changed, it shall be deemed to be correct and complete.
iii. to keep the password set up to secure the account secret.
iv. to prevent the use of their own account by third parties.
v. to notify the provider immediately of any misuse of their own account.
vi. not to write any contributions that violate applicable law, in particular rights of third parties, are immoral, discriminatory, racist, left-wing or right-wing extremist, or offend religious feelings.

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 content provided via it are protected by copyright.

b) After conclusion of the contract of use, 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 to use the platform and the content provided on it for the term of the user agreement 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 content, including its further distribution and public reproduction, in particular in your 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 posts 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 the Provider is found liable for a post made by a customer in the forum. 

is claimed by third parties for injunctive relief.

 

§ 8 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.

 

§ 9 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 restricting the choice of law and the applicability of mandatory provisions, in particular of the country 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.

 

§ 10 Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO

The European Commission's platform for online dispute resolution (OS) can be found here: http://ec.europa.eu/consumers/odr/

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.