Studydrive GmbH, Mehringdamm 32, 10961 Berlin ("Studydrive") operates the internet platforms ("platforms") studydrive.net and thestudycrowd.com. Users can use these platforms to share study materials with other users, create and save content like flash cards or exchange information in discussion forums. In addition, users have the opportunity to get information about companies as potential employers and to apply for a job with these companies through a job exchange platform.
Users can also book lessons on selected topics in the form of webinars (ie seminars held over the World Wide Web) of various types. Studydrive provides these webinars by means of qualified tutors ("tutors") through an interactive online environment. Any contracts concerning webinars shall be concluded solely between Studydrive GmbH and the user; A contractual relationship between the user and the tutor is not substantiated.
1.Terms and Conditions
These terms and conditions govern the contractual relationship between Studydrive and the user.
2.1 The user registers on the platform and thereby opens an account. The user represents and warrants that he or she is at least 18 years of age and possesses the legal right capacity and ability to enter into the agreement to which these Terms apply and to use the platforms in accordance with these Terms. The data provided during registration must be true. The use of a pseudonym is permitted.
2.2 The user has to create a password for his account. The user is responsible for keeping his password secret and not allowing any third party to access his account through his password. The user is obligated to notify Studydrive immediately under the e-mail address info[at]studydrive.net if there are any indications that the password is used by a third party.
2.3 If an underaged person wishes to book a webinar, a parent will register in his / her own name and will indicate upon registeration that his / her son or daughter wishes to take part in a webinar. The parent is then considered a "user" in the sense of these terms of business.
2.4 The user may not create a new account if Studydrive blocks his account.
2.5 Studydrive reserves the right to remove user names if Studydrive considers it necessary to protect the rights of third parties (for example, if the owner of a trademark submits a complaint about a user which does not correspond to the real name of a user).
3. Use of platforms
3.1 Studydrive only provides technical platforms for its users so that they can exchange materials and information with each other. Studydrive does not exert influence on user’s content, so long as it is not legally required.
3.2 Each user can only upload materials for courses to which he has registered. The contents uploaded by the user are only visible to those users who have registered as participants in the course.
3.3 Users may use content kept ready on Studydrive exclusively for private study and learning purposes.
3.4 Insofar as the user does not use webinars or other products and services in the manner described in number 5 and which are expressly marked as being chargeable, the use of the platforms is free of charge.
4. Selecting and running Webinars
4.1 Studydrive offers webinars from different subject areas. The user can choose suitable webinars and book those webinars at Studydrive. For this purpose, Studydrive provides the user with a database that holds extensive information about the webinars offered on its platforms.
4.2 The user selects webinars on his own account, based on the information made available to him and subject to availability of the chosen webinar.
4.3 The indication of thespecific tutor for a webinar is not binding. Should tutor indicated for the selected webinar be prevented from conducting the webinar for any reason, Studydrive will make an effort to find a replacement. If this is not possible, Studydrive will cancel the webinar. In that a case, Studydrive will inform the user in due time and reimburse the amount that was charged to the user.
4.4 [Users may cancel booked webinars for important reasons (e.g. illness). Cancellation must be declared to Studydrive via the platforms no later than 24 hours before the start of the webinar. In case of delayed or repeated cancellation of a webinar, Studydrive has the right to charge the canceled webinar.]
4.5 A webinar takes place on the dates indicated at the time of booking. A webinar is always billed in full, even if the user did not take full advantage of this time.
4.6 The Tutor of a webinar determines the design of the webinar and the methodology used in the webinar.
4.7 The user has to ensure that he can access the platform for the period of the webinar with a functioning end device and internet connection.
4.8 Should the platform be unavailable during the webinar, the webinar which was omitted will be held again as soon as possible without repeated charge of the webinar price.
4.9 Studydrive does not monitor the user's learning success.
5. Conclusion of webinar contracts
5.1 Displays contained on a platform do not constitute binding offers by Studydrive, but serve to provide the user with the possibility to submit a binding offer.
5.2 The user can submit the offer via the online form integrated into the platform. After the user selected the services he wishes to purchase and completes the electronic ordering process, the user enters a legally binding contract offer with regard to the chosen services by clicking the button that completes the booking process.
5.3 Studydrive immediately confirms receipt of the booking. Studydrive may accept the offer of the user within two hours by sending the user an order confirmation in text form (letter or e-mail) - the access of the order confirmation to the user being decisive - or by providing the booked service or by requesting payment from the user.
5.4 In case Studydrive does not accept the offer of the user in a timely manner, this shall be deemed a rejection of the offer. The user is then no longer bound by his offer.
5.5 The deadline for the acceptance of the offer begins on the day the user submitted the offer. It ends with expiration of two hours after sending the offer.
5.6 When submitting an offer through the online form on Studydrive, Studydrive saves the contract text and sends it to the user (e.g. via e-mail or letter) upon receipt of the user’s booking together with the right of revocation. In addition, the contract text is archived on the platform. The user can retrieve it free of charge via his password-protected account with the corresponding login data.
5.7 The user can constantly correct any entries made in the online form before completing a booking. All entries are displayed in a confirmation window and can be corrected there before completing a booking.
5.8 Handling of the contract and general contact is usually done by e-mail and automated. The user must ensure that the e-mail address specified by the user for processing of the order is correct and that he receives e-mails sent by Studydrive at this address. In particular, when using spam filters, he must ensure that all mails commissioned by Studydrive or third parties instructed with the order processing by Studydrive can be delivered to the user.
6. Remuneration and billing of webinars
6.1 The applicable prices for individual webinars are stated on the platform and in the integrated online form; The user confirms the prices with his booking.
6.2 As far as payment by direct debit is concerned, the following applies: With the selection of the payment by direct debit, the user grants Studydrive a SEPA direct debit mandate for the collection of due payments and instructs its financial institution simultaneously to pay the direct debit. If the users pays by direct debit, the user's bank account is usually charged within five days after the booking. The mandate reference number is displayed to the user when specifying the bank data during the setup of the direct debit mandate. By clicking on the button "Book and pay", the user confirms the order. By stating the bank account, the confirms that he is entitled to bank collection through this account and that he will ensure the necessary amount is available on this account. The terms and conditions of the financial institution issuing the user's bank account shall apply. The user will be informed about the bank collection at least four days before its due date and the user will also receive the invoice at the same time. The user is informed by e-mail. If the user's bank account does not have the required cover, there is no obligation for the account-taking financial institution to redeem. Partial payments are not made by direct debit. Studydrive can also process the payment via a service provider.
7. Provision of rights for webinar recordings
7.1 Studydrive records all webinars. The user must agree to the activation of the camera and microphone on his device if he or she wants to be visible and audible for other participants. The user grants Studydrive the right to record his contributions to the webinar in the form of picture and sound recordings with the activation of camera and microphone .
7.2 The user agrees that Studydrive reproduces these recordings and provides them to other users. With every booking, the user grants Studydrive a simple right of usage for the recording of the respective webinar. This right of usage is free of charge, spatially and temporally unlimited and revocable only for important reasons. Studydrive is also entitled to sub-license and transfer this right of usage. Studydrive is entitled to sell and process the recordings, in particular to provide them with advertising materials of third parties. Studydrive is also entitled to transfer the recordings into other formats and to provide them with watermark and / or logo of Studydrive.
8. Copyrights to other content
8.1 The user may only upload or post material which he himself has created or for which he has been authorized by the copyright owner to upload the material.
8.2 If and insofar as a user uploads or posts content on one of the platforms, he grants Studydrive conferrable, non-exclusive rights of usage for the uploaded content. These rights are neither limited in time nor in space. Studydrive is entitled to duplicate, reproduce, and offer this content to other users. The right also includes publication of the content. Studydrive is also entitled to use the content for other services like newsfeeds or subscription services. Studydrive is entitled to edit the uploaded content to an extent that is necessary to show and offer the content on the platform. Studydrive is also entitled to transfer the contents into other formats and to provide them with a watermark and / or logo of Studydrive.
8.3 Studydrive may remove content the user has uploaded or posted to any of the Platforms in part or fully without stating reasons as well as any or all of the links the user has set up.
8.4 If the User violates the intellectual property rights of others, Studydrive has the right to suspend its account.
9. Other restrictions
9.1 The user guarantees that all content uploaded and posted by him is in accordance with the legal requirements of the german criminal code, the law for the protection of the youth, the data protection act and all industrial property rights and respects the personality rights of third parties. The user is not permitted to post any content or to set any links on websites which violate the rights of another person or the law.
9.2 Content that does not meet these requirements can be reported by users via the "Report violations" button or by e-mail to Studydrive.
9.3 The user indemnifies Studydrive from all actual and alleged claims of third parties. This includes the costs of prosecution / legal defense, which are based on acts or omissions of the user. In particular claims based on culpable, illegal or improper use of the platforms, the noncompliance with applicable regulations or a violation of the rights of the third party resulting from the users actions or approval. The user must inform Studydrive immediately in case of possible infringement.
9.4 The user may only use the platforms with the following restrictions:
- Users may not post any advertising.
- Users are not allowed to access content or information from other users using automated mechanisms (such as bots, robots, spiders or scrapers).
- Users are not allowed to upload viruses or other malicious code.
- Users are not allowed to obtain registration information of another user or access an account owned by another person.
- Users are not allowed to offend, intimidate or harass other users.
- Users are not allowed to post content that contains hate speech, is threatening or pornographic, invites violence, or contains depictions of nudity or violence.
- Users are not allowed to use the Platforms for illegal, misleading, malicious or discriminatory actions.
- Users are not allowed to do anything that could block or interfere with the proper functioning or appearance of the platforms, such as denial-of-service attacks, nor anything that could impede the functioning of the platforms.
10. Liability Limitation
10.1 The liability of Studydrive is limited as follows: Studydrive is only liable for damages in which the cause of the damage is based on an intentional or grossly negligent breach of duty by Studydrive or one of its legal representatives or vicarious agents. Furthermore, Studydrive is liable for slightly negligent breaches of essential obligations whose violation jeopardizes the attainment of the contractual purpose or for the breach of obligations which are necessary to fulfill the proper execution of the contract. Studydrive is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
10.2 The liability limitations stated above do not apply in case of intent, injury to life, body or health, for a defect in case of incurred guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.3 The above liability limitations do not affect the burden of proof.
11.1 The contractual relationship may be terminated by either party at any time with immediate effect. The termination must be made in writing (via the platform, by e-mail or postally).
Users can terminate a contract with Studydrive either via e-mail to email@example.com
or in writing to Studydrive GmbH, Mehringdamm 32, 10961 Berlin.
12. Modification of these terms and conditions
12.1 Studydrive reserves the right to make changes to these terms and conditions in accordance with section 12.2, as far as these are reasonable for the user. Studydrive will announce changes to these terms and conditions to the user with an appropriate deadline, e.g. by means of a message to the account inbox or via the user's e-mail address stored at the time of registration, and change the current version available on the platform accordingly. If the user does not object to the validity of the new terms and conditions within one month after notification and continues to use the services provided by Studydrive, the amended terms and conditions shall be deemed accepted. In the notification, Studydrive will point out to the user the right to objection and the importance of the objection period.
12.2 Studydrive reserves the right to change the terms of business in the following cases:
- if the change is only beneficial to the user;
- if the change is purely technical or procedural, unless it has a significant impact on the user;
- Insofar as Studydrive is obliged to establish the conformity of the terms and conditions with applicable law, in particular if the relevant laws or their interpretation are changed by the courts;
- Insofar as Studydrive introduces additional, completely new services or service elements which require a description of the services in the terms of business, unless the change is disadvantageous for the user.
13. Applicable law
The law of the Federal Republic of Germany shall apply exclusively, insofar as no compulsory statutory provisions of the state in which the user is domiciled or habitually resides are restricted.