General Terms and Conditions
§ 1 General - Scope of application
(1) These General Terms and Conditions apply to the service offered by Pharmabrain GmbH on the website at the URL https://pharmabrain.org and https://pharmabrain.org and the associated subpages (hereinafter referred to as "Offer").
(2) You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. by calling 030-28091515 or by e-mail at info@pharmabrain.org.
(3) Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity. Sponsors within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who are acting in the exercise of their commercial or independent professional activity. Users within the meaning of these terms and conditions are both consumers and entrepreneurs.
(4) The General Terms and Conditions apply to all business relationships between Pharmabrain and the user of the offer from this offer. The version valid at the time of conclusion of the contract shall apply.
(5) Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed to in writing.
§ 2 Conclusion of contract and registration
(1) The offer is only available to members of the professional circles according to § 2 of the law on advertising in the field of medicine (Heilmittelwerbegesetz - HWG), these are mainly doctors, pharmacists, nursing services and assistants, (e.g. PTA), physiotherapists, psychotherapists, midwives, medical students, as well as employees of the pharmaceutical industry. The service is not available to end users. Internet access is not part of the offer.
(2) The user must fill out the registration form completely and correctly and send it to Pharmabrain. No nicknames, false statements, abbreviations or cover names are permitted. The user must provide truthful, accurate, up-to-date and complete personal details (hereinafter referred to as "registration data"). The registration data must be updated by the user as required and changes must be communicated immediately. The receipt of the registration form by the company shall be confirmed to the user immediately by electronic means. The user must confirm this confirmation email in turn.
(3) The contract between Pharmabrain and the user is only concluded when Pharmabrain enables the use of the offer and the user confirms the confirmation email. If the user does not confirm the confirmation email, the user's data will be automatically deleted after seven days.
(4) Pharmabrain is entitled to temporarily or permanently exclude the user from use in the event that the user has provided untrue, inaccurate or incomplete registration data, which may lead to incorrect individualization of the user.
(5) The registration is saved by Pharmabrain. The user receives a confirmation e-mail with which he must confirm his e-mail address. The user then has the opportunity to supplement his profile or correct incorrect information at any time.
(6) Pharmabrain saves the text of the contract after registration and confirmation have been completed.
(7) In order to be able to offer the free part of the Pharmabrain service, e-mail communication in the form of a newsletter ("Training News") is required. By accepting these terms and conditions, the user agrees to this. Cancellation is possible at any time.
§ 3 Observance of copyrights
(1) The user may only publish, upload or transmit content and statements for which he has the necessary rights (in particular rights of use to copyrights and ancillary copyrights). The use and distribution of pirated copies is prohibited.
(2) The offer is protected against duplication and misuse by copyright provisions. The unlawful reproduction, distribution or publication of the contents of the offer or their imitation will be prosecuted by Pharmabrain under civil and, if necessary, criminal law.
§ 4 Rights and obligations of the registered user
(1) Each user bears full responsibility for his/her activities within the offer.
(2) The user must protect his access against unauthorized use by third parties, in particular to keep his password secret. The user is liable for any unauthorized use of his access made possible by his conduct, insofar as he is at fault. He must inform Pharmabrain immediately if there is reasonable suspicion that his access has been misused.
(3) Users are obliged to comply with the laws of the Federal Republic of Germany. In particular, the applicable youth protection regulations must be observed. This means, among other things, that the service may not be used for illegal purposes. In particular, it is prohibited to publish, transmit or disseminate content and statements that are unlawful. This includes in particular content that is offensive, glorifies violence, is discriminatory or pornographic. This also applies to content that can be accessed via links set by users. Furthermore, the use of offensive content, ambiguous designations and other representations, the illegality of which is suspected but cannot be conclusively determined, is prohibited.
(4) User activities aimed at rendering the service inoperable or at least making it more difficult to use are prohibited and may be prosecuted under civil and criminal law. In particular, measures that may influence the physical and logical structure of the service are prohibited.
(5) The service may not be used by users for commercial purposes. Inconsiderate advertising, which includes in particular the mass sending of content that the respective recipient receives unsolicited (so-called spamming), is prohibited.
(6) Pharmabrain is entitled to discontinue the use of the offer at any time. The user can delete and terminate his account and thus the contractual relationship at any time. The termination has no effect on the existence of the booked subscriptions.
(7) Pharmabrain increases the utility value for users by having individual users post their experience reports. The company is therefore dependent on the fact that the contributions posted by users also correspond to the truth. The user is prohibited from posting content in the offer that is unobjective or untrue.
§ 5 Rights and obligations of Pharmabrain
(1) Pharmabrain does not check the publicly disseminated content and statements of users prior to their dissemination, transmission or publication.
(2) In the event of a breach of these terms and conditions or reasonable suspicion of a breach by a user, Pharmabrain is entitled to exclude the respective user and, if necessary, to delete the content used by him or addressed to him immediately. Pharmabrain will send the user a reminder before exclusion, setting a reasonable deadline, unless the violation is so serious that the company cannot reasonably be expected to continue the user relationship.
§ 6 Cessation of the offer/termination
(1) Pharmabrain reserves the right to adjust or change the offer at any time. This also includes a change to these terms of use. In particular, Pharmabrain reserves the right to introduce additional charges for individual services. Pharmabrain will inform the user of this in advance.
(2) The user is entitled to terminate the user relationship up to four weeks after receipt of the information about the change to the terms and conditions or the offer affecting him. If the user does not terminate, the user relationship shall be continued under the amended terms and conditions.
§ 7 Warranty
Pharmabrain does not guarantee that its services will be available and error-free at all times. This applies in particular if access to the offer is caused by faults that lie outside the sphere of Pharmabrain. The offer is made available without assurances or guarantees. In the event of unavailability of the offer or other service disruptions, the user can contact Pharmabrain at support@pharmabrain.org.
§ 8 Liability
(1) Pharmabrain is only liable insofar as it, its vicarious agents and/or legal representatives are guilty of intentional or grossly negligent behavior. Insofar as the services are free of charge, liability for slight negligence does not apply.
(2) Any statutory no-fault liability of Pharmabrain - in particular liability under the Product Liability Act and other statutory warranty liability - remains unaffected by the above limitations of liability. The same applies to the company's liability for culpable injury to life, limb or health.
(3) Sections 1 and 2 include all contractual and non-contractual claims resulting from this agreement or the use of the offer.
§ 9 Data protection
(1) Pharmabrain processes personal data for a specific purpose and in accordance with the statutory provisions.
(2) Pharmabrain points out that the personal data of its customers are processed electronically. The data is used solely for the execution of the contract, unless otherwise agreed.
(3) The personal data provided for the purpose of ordering training measures (such as name, e-mail address, address, payment data) will be used by Pharmabrain to fulfill and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the advertising, ordering, delivery, certification and payment process. Pharmabrain evaluates anonymized data scientifically.
(4) After termination of membership/deletion of the account, the data will be deleted immediately, unless their further storage is legally provided for or agreed.
(5) The collection, processing and use of personal data for marketing purposes requires the consent of the user. The user gives this consent when registering. The user has the right to withdraw consent at any time with effect for the future.
(6) The customer has the right, upon request and free of charge, to receive information about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain such data.
(7) Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data can be found in the privacy policy.
§ 10 Remuneration and subscriptions
(1) The use of the website www.pharmabrain.org is subject to a charge for those who take part in courses. The price offered is binding. The price includes the statutory value added tax of 19 %. Delivery and shipping costs do not apply. The prices are quoted bindingly before a survey is set.
(2) The customer is obliged to pay in advance.
(3) The user only has a right of set-off if his counterclaims have been legally established or recognized by Pharmabrain. The user may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(4) Pharmabrain's e-learning offer is only available as a subscription. Subscriptions have a term of 12 months and are automatically renewed unless canceled in writing by letter or e-mail 6 weeks before the end of the contract.
§ 11 Final provisions
The law of the Federal Republic of Germany shall apply. The application of UN sales law is excluded.
No joint venture partnership, employment relationship or agency relationship between Pharmabrain and the respective user is established by this contract or the use of the offer.
The place of jurisdiction is Berlin. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Aachen. The same applies if the user does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.
The General Terms and Conditions are stored by Pharmabrain and are accessible to every user at the URL https://pharmabrain.org/agb in German.
Responsible for the content:
Pharmabrain GmbH - We train your success
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