General Terms and Conditions
General Terms and Conditions
of
MUNSCI UG (haftungsbeschränkt)
Lusstraße 14
82216 Maisach
Germany
I. General
Welcome to MUNSCI InterLib. We have created the MUNSCI platform so that pupils and students in the IB system can optimally prepare for their exams. For this purpose, we provide them with worksheets and exercises with which they can study. All services associated with our platform are governed by these General Terms and Conditions.
1. Applicability
(1) These General Terms and Conditions ("GTC") apply in relation to the services provided by MUNSCI UG (haftungsbeschränkt) (hereinafter also referred to as "we" or "MUNSCI") to the user (hereinafter referred to as "user" or "you") in the context of the use of our platform.
(2) These GTC apply regardless of whether you act as a consumer, entrepreneur or merchant. Some special features apply to consumers, which we may refer to at the appropriate points in these GTC. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 BGB).
(3) Your General Terms and Conditions shall not apply, regardless of whether you expressly refer to them or we do not expressly object to them. Your General Terms and Conditions shall only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, declarations of acceptance, etc. shall take precedence over the provisions of these General Terms and Conditions.
2. Object
(1) With MUNSCI, we provide you with a platform for optimal preparation for school and student examinations in the IB system (the MUNSCI platform hereinafter also referred to as the "Platform"). Our services include in particular the preparation, provision and distribution of working and learning materials, including their provision to pupils and students (hereinafter also referred to collectively as "Services").
(2) The subject matter of these GTC is the provision of the Platform free of charge and your ability to use the Platform via a free profile within Germany. You also have the opportunity to book additional functions for a fee.
(3) An overview of the entire service portfolio of our platform can be found in the service description, which is available in its respective version on our website www.munsci.org/legal/leistungen.
3. Use & Registration
(1) Your free registration as a user is required to use our services. Only natural persons with unlimited legal capacity may register as users.
(2) To register, the registration form provided on our platform must be filled out completely and truthfully, stating a user name, and sent to us. Your user name must not infringe the rights of third parties or offend common decency. We are entitled to request written evidence to verify the data provided.
(3) By submitting the registration form, you submit a binding offer to us to conclude a user contract for a free basic version or a paid premium version. The user contract is concluded when we confirm your registration and activate your user account. Each user may only register once.
(4) At least the following technical requirements are necessary to use our services:
a. Internet-Connection
b. Current Internetbrowser
(5) We have the right to block or exclude you from using our services and to delete your user account and all services booked by you if we have reasonable grounds to believe that you have violated or are violating material obligations under these Terms and Conditions or the law. In such a case, we will inform you of the planned exclusion by e-mail and give you the opportunity to respond within at least 30 days. In any case, we will take your legitimate interests into account when deciding whether to block or exclude you and evaluate your comments accordingly. We will inform you of the result before blocking or excluding you. The right to extraordinary termination remains unaffected.
4. Term
(1) The duration of the contract existing between us is based on the duration of the service you have booked. The free contract in the basic version generally runs for an indefinite period. The terms of premium versions can be found in the respective price model.
(2) The existing contracts between us can be terminated with a notice period of 4 weeks. If you have booked a paid Premium version, please send your notice of termination in text form (by e-mail) to support@munsci.org or click on the "Cancel now" button in your user account. If you are using the basic version, termination is effected by deleting your user account.
(3) The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. An important reason exists for us in particular if (i) you seriously violate these GTC, or (ii) you are in arrears with the payment of the costs for the use of chargeable services despite a reminder and a grace period for payment of at least two calendar weeks.
5. License
(1) You shall receive a simple, non-exclusive right to use our services, limited in time to the duration of the contract and unrestricted in terms of territory.
(2) You are not entitled to exhibit, publicly reproduce, in particular make available to the public, edit, redesign, translate, decompile or otherwise modify our services. Your rights under §§ 69d para. 3, 69e UrhG remain unaffected.
(3) The content of our services (in particular on our platform and our websites) is our exclusive property or our exclusive rights holder or the property / rights holder of our service providers. All content is protected by national and international law, in particular copyright law. Unauthorized distribution, reproduction, exploitation or any other infringement of our industrial property rights and copyrights will be prosecuted under civil and/or criminal law.
6. Availability
For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our services are operated. The availability of our website or individual services may therefore be limited from time to time, in particular due to the need to carry out maintenance or repair work.
7. Limitations
(1) We do not guarantee you success with our services. We provide you with our services solely to support your own learning management, but not with the promise or even the guarantee of bringing about an actual improvement in your school or student situation.
(2) Our liability arising from the contract concluded between us, regardless of the legal basis, for your damages that do not result from injury to life, limb or health, is limited to the amount of damages typically foreseeable at the time of conclusion of the contract and, on the merits, to essential contractual obligations, provided that the damage was not caused by us or by a legal representative or vicarious agent either intentionally or through gross negligence.
(3) This limitation of liability shall not apply if the damage is based on an intentional or grossly negligent breach of material contractual obligations by us or by a legal representative or vicarious agent. A material contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
(4) If claims are asserted against us by third parties due to actions carried out by you on our platform and the resulting legal infringements, you are obliged to indemnify us against all related claims. To this end, you must reimburse us for the costs of a reasonable legal defense and other costs incurred as a result of the claim.
8. Principles
(1) With our platform and its functions, we merely provide you with a technical basis for the purposes to be mapped by you within the limits of the purchased services (see in particular the service description at www.munsci.org/legal/leistungen ).
(2) We assume no responsibility for the actions carried out with our platform or for the content processed with our platform.
(3) In principle, the provisions of tenancy law apply to the use of our services. Maintenance measures such as troubleshooting, updates or further developments are part of our service. Further support is offered if agreed accordingly. In addition to the maintenance measures, the statutory tenancy warranty law shall apply.
(4) Adjustments, changes and additions to our services as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
(5) You may not make our services available to third parties for commercial use.
(6) Links or functionalities in our services may take you to third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address line of the browser or a change in the user interface.
(7) We reserve the right to change, adapt and increase or reduce the functional scope of our services and the related documents and attachments, taking your interests into account, provided that we do not thereby violate our contractually assumed primary performance obligations towards you. We will inform you in good time in advance of any significant modifications and settings that change the contractual relationship with you. You have the right to object to changes. If you object, we will try to find alternatives together. If these are not found, both parties have the right to terminate this contract extraordinarily.
(8) We secure our systems against virus attacks. Nevertheless, a virus attack can never be completely ruled out. In addition, it is possible that unauthorized third parties may send messages using our name without our consent that contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. We have no influence over this. You should therefore check all incoming messages that are sent under our name. This also applies to any messages from other users.
(9) We are not responsible for any damage or loss of data that may result from the installation of software not originating from us on your end devices.
(10) You undertake not to use your end device or the platform store or platform account, login name or password of another user without authorization under any circumstances. If a third party uses one of the accounts after obtaining the access data because the user has not adequately secured it against unauthorized access, the user must allow himself to be treated as if he had acted on his own.
(11) In the event of reasonable suspicion that access data has become known to unauthorized third parties, we are entitled, but not obliged, for security reasons, to change the access data independently without prior notice or to block the use of the account at our own discretion. We will inform the authorized user of this immediately and, upon request, provide him/her with the new access data within a reasonable period of time. You have no right to demand that the original access data be restored.
(12) You must inform us immediately as soon as you become aware that unauthorized third parties are aware of the access data to your Platform Store account or that unauthorized third parties are using your end device. We would like to point out that access data should be changed regularly for security reasons.
(13) You are prohibited from using our services:
• infringe third-party property rights such as trademarks, copyrights and naming rights,
• harass other users and third parties,
• use measures, mechanisms or software in connection with the platform that may disrupt the function and operation of the platform,
• take any action that may result in an unreasonable or excessive load on the technical capacities of the platform,
• block, overwrite or modify content,
• add elements to the platform or change, delete or modify elements of the platform in any other way,
• copy, extract or otherwise use graphic elements or attempt to decompile the source code of the Platform (subject to Section 69e UrhG),
• use tools that interfere with the operation of the platform (in particular so-called "bots", "hacks", etc.),
• to obtain premium functions or other advantages, such as the systematic or automatic control of the platform or individual functions of the platform, by using third-party software or other applications or to exploit program errors for their own benefit ("exploits"),
• distribute commercial advertising for third-party products or programs in connection with our services,
• to use documents, files, third-party IT systems and data containing malicious code or viruses in connection with our services,
• use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if this blocks, modifies, copies or overwrites our services, and
• to impair our services through data modification (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidence-relevant data (§ 269, 270 StGB), suppression of evidence-relevant data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), interception of data (§ 202b StGB) or other criminal offenses.
9. Place of Jurisdiction
If you act as a company or are a merchant within the meaning of the German Commercial Code (HGB), our registered office shall be the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the competent court shall apply.
10. Online-Dispute-Resolution
Information on online dispute resolution for consumers: We draw your attention to the possibility of online dispute resolution (so-called "ODR platform"). Consumers can use the ODR platform as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr. We are not prepared to participate in the settlement of disputes via this ODR platform.
Note on § 36 VSBG: We do not participate in a dispute resolution procedure before a consumer arbitration board and are not obliged to do so.
11. Others
(1) Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.
(2) Amendments and additions to the GTC and the entire contract existing between us must be made in text form to be effective. Amendments and additions to the contract that are (or have to be) made by us due to changes in the legal or technical requirements for the provision of our services and that have no negative impact on the services to which you are entitled shall become effective if you do not object to an amendment in text form within one month of receipt of a notification of amendment and we have informed you in advance of your right of objection. If you object to the change, the contract will continue to apply unchanged and we are entitled to terminate the contract without notice with one month's notice to the end of the next calendar month. Amendments and additions to the contract that we wish to make due to changes in performance, remuneration or other commercial or operational requirements will only become effective if you expressly agree to them. This consent can be given by clicking a consent button in the change notification (e-mail or pop-up when using our services) or in another simple and transparent way provided by us for you. The text form also applies to a change to this formal clause. The precedence of individual ancillary agreements remains unaffected. The aforementioned deadlines do not apply and there is only a right to information about changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect you from fraud, malware, spam, data protection violations or other cyber security risks.
(3) Both parties are entitled to transfer the contract to a company affiliated with them, a legal successor or a company taking over the respective services. They shall inform each other of this in text form prior to the planned transfer.
II. Services subject to remuneration
12. Conclusion of Contract
A contract is concluded as follows:
(1) On our platform you will find information about the content and costs of the fee-based services we offer. This information does not constitute an offer to conclude a contract for the use of our services.
(2) Only by sending the corresponding booking form do you submit a binding offer to us to conclude a contract for the corresponding services.
(3) Before sending the booking form, we will inform you that the booking is subject to a charge and give you the opportunity to take note of these General Terms and Conditions.
(4) Furthermore, we will give you the opportunity to check and, if necessary, correct your entries before sending the booking form.
(5) After submitting the booking form, we will send you a confirmation of receipt of your booking to the e-mail address you have provided. This confirmation of receipt also constitutes acceptance of your offer to book the service.
(6) In this e-mail or in a separate e-mail, we will send you the text of the contract (consisting of the order, general terms and conditions, order confirmation and invoice) (contract confirmation).
(7) Upon full payment of the purchased services, you will receive immediate access to the services.
13. Payment
(1) The type and amount of payment for the service you have booked will be communicated to you during the booking process, in the booking overview and in the booking confirmation and, unless expressly stated otherwise, is inclusive of statutory VAT.
(2) During the booking process, you will be informed about the available payment methods and can select the payment method that suits you best.
(3) If we use third-party providers to process the payment transaction, their terms and conditions also apply.
(4) If you fail to meet a statutory or agreed payment deadline, you shall be in default immediately and we shall be entitled to charge interest on arrears accordingly.
(5) If payment is made within the European Union (EU), we do not charge a separate fee for any of the means of payment we use. Please note that we only accept payments from accounts within the EU. Any costs of any other transaction shall be borne by you.
Revokation
(1) If you use our products as a consumer, you can revoke the contract concluded between us as follows:
(2) Revocation Policy
You can revoke your contractual declaration in writing (e.g. letter, email) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312 e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.
Please forward you revocation to:
MUNSCI UG (haftungsbeschränkt)
Lusstraße 14
82216 Maisach
Germany
staff@munsci.org
+49 8133 4019932
(3) Consequences of revocation
If you effectively revoke the contract or individual bookings, we will refund all payments that we have received from you as part of the revoked service/booking immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. Under no circumstances will you be charged any fees for this repayment.
Special Information
The right of revocation does not exist and the contract cannot be revoked
• for contracts for the delivery of products that are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs, which applies, for example, to contracts in which we have individually tailored our services to you according to a "custom plan";
Revocation expires
• in the case of a contract for digital content that does not oblige the consumer to pay a price if the entrepreneur has started to fulfill the contract, which applies, for example, to contracts for the free version of our platform;
Digital Services
The right of withdrawal expires in the case of a contract for the provision of digital services or other services if we have started to perform the contract or service, i.e. have provided you with a digital product, for example, after you have given us your express consent that we can start to perform the contract before the end of the withdrawal period and you have simultaneously confirmed your knowledge that you will lose your right of withdrawal in this case.
– End of Revocation Policy –
Template
(If you wish to cancel the contract/service/booking, you can complete this form and return it to us. However, you are not obliged to comply with this form)
To:
MUNSCI UG (haftungsbeschränkt)
Lusstraße 14
82216 Maisach
Germany
staff@munsci.org
+49 8133 4019932
I revoke the following contract
Orderdate ______________________________
My Name ______________________________
My Address ______________________________
______________________________
Signature ______________________________
Date ______________________________
III. Digital Services Act
We make the following rules because we are obliged to do so under the Digital Services Act, the EU Regulation "(EU) 2022/2065 on a single market for digital services of the European Union".
The Digital Services Act aims to establish rules that create a safe, predictable and trustworthy environment for people using platforms and websites (hereinafter "Platform") such as ours.
In particular, the Digital Services Act regulates the handling of illegal content on our Platform and obliges us to take specific measures, which we set out in more detail in these "Digital Services Act Regulations"
1. Moderation & Deletion
(1) We delete, block or restrict illegal content on our platform. "Content" is any information of any kind. This information is "unlawful" if it violates our GTC, service descriptions, guidelines or applicable law.
(2) Illegal content can be reported by users, customers, partners or third parties. For the process of such a reporting procedure, see Section 2 "Reporting and Remedy Procedure".
(3) If content reported or recognized by us is unlawful and we have deleted, blocked or restricted it, we will justify our decision to delete, block or restrict this content and any suspension or termination of the provision of all or part of our services to the person who published the unlawful content, unless it is misleading, extensive commercial content. In this statement of reasons, we are particularly notifying the following points:
a. Whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information or the suspension or termination of payments in connection with that information, or imposes other specified measures in connection with the information, and the territorial scope of the decision, if any, and the duration of its validity;
b. The facts and circumstances on which our decision is based, including, where applicable, whether our decision was taken as a result of a report made or as a result of a voluntary own-initiative investigation and, where strictly necessary, the identity of the person making the report;
c. Information as to whether automated means have been used to make the decision, including information as to whether our decision was made in relation to content identified or determined by automated means;
d. If our decision concerns only "allegedly" unlawful content, a reference to the legal basis and an explanation of why the information is considered unlawful content on that basis;
e. If our decision is based on the alleged incompatibility of the information with our terms and conditions, a reference to the relevant contractual provision and an explanation of why the information is considered incompatible with it;
f. Information on whether the data subject has legal remedies against the measure, in particular - depending on the circumstances - internal complaint management procedures, out-of-court dispute resolution and judicial remedies.
(4) If a criminal offense has been committed through the publication of illegal content, or if the commission of a criminal offense is suspected as a result, we will immediately inform the law enforcement or judicial authorities of our suspicions.
2. Reporting Procedure
(1) We review unlawful content as soon as we become aware of any suspicion of the publication of such unlawful content. We become aware of this either through our own review or by reporting the content in question to our central contact point (see section 3 below).
(2) Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see section 3 below) and must contain at least the following information:
a. A duly substantiated explanation of why the reporting person or entity considers the information in question to be illegal content;
b. Clear indication of the exact storage/finding location of the content, e.g. by means of a precise URL and other useful information for determining the content, e.g. screenshots, comments, etc..;
c. Name and e-mail address of the reporting person/entity, unless the offense is related to sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes; including inciting, aiding and abetting or attempting to commit the aforementioned offenses (see EU Directive 2011/93/EU, Art. 3 to 7);
d. A statement that the reporting person or entity has a good faith belief that the information and statements contained in the report are accurate and complete.
(3) We will immediately send an electronic confirmation of receipt of the report to the reporting person/institution using the contact details provided.
(4) We examine the reports received promptly, carefully, objectively and free of arbitrariness and decide whether the reported content is illegal without a detailed legal examination and act accordingly. If the reported content is unlawful, we will immediately delete, block or restrict it and, if necessary, take further measures mentioned in section 1 paragraph 3.
3. Central Communication Place
We have set up a central contact point for communication. This is responsible for receiving electronic reports of suspected illegal content from reporting persons and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements set out in section 2 for the content of reports.
All persons, authorities or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at
data@munsci.org
We will then take care of all reports as part of the process described in sections 1 to 3.
Stand: April 2024