§ 1 Scope
Any contract between MIB and its course participants is subject to the following general terms and conditions.
§ 2 Contracting
A valid agreement between MIB GmbH and its course participants can only be reached in writing.
§ 3 Co-operative duty of participants to ensure appropriate technical standards
Participants must ensure access to the web server of the IMC www.med-college.de.
The pages of the IMC`s web presence partly contain multimedia elements or texts based on different technologies and different programming languages. If any restrictions exist in this regard (e.g. firewall, Java-script, cookies), participants must discuss potential problems with the host before the commencement of the course.
Like any other user of interactive devices (forums) of the IMC`s web site, participants must neither enter insulting, defamatory, threatening, racist or other unlawful statements, nor other contents nor provide links to such contents. Like any other user, participants are obliged to abide by existing law (e.g. criminal law, trademark law, intellectual property law, law against unfair competition). If unlawful contents are entered, the host reserves the right to ban or delete such contents. Furthermore, in such cases criminal or civil prosecution may be pursued.
§ 5 Obligations of participants regarding protection of their hardware
Users of the IMC`s website are obliged to ensure appropriate technical security measures for their own protection against viruses, worms, Trojan horses, or any other programmes that could damage their data or hardware.
§ 6 Copyright of study material
The copyright of the study material remains with the organiser. Participants are entitled to use the study material for their private purposes. Using the study material for commercial purposes is prohibited.
§ 7 Information on the completeness, correctness and up-to-dateness of the content displayed on the web site
The completeness, correctness and up-to-dateness of the content displayed on the web site of the IMC cannot be guaranteed despite diligent review. Any liability of the organiser is thus excluded regarding any damage possibly resulting directly or indirectly from the use of the web site or the information contained therein, as long as neither willful misconduct nor gross negligence committed by the organiser can be proven. The use of the information contained on the IMC`s web site particularly does not release the user from the doctor`s duty to take due care. If a participant commits a negligent act, he or she is liable to the respective extent for consequences and disadvantages caused to the organiser or a third party when he or she uses the information displayed on the web site in an improper or unlawful manner. The same applies if the participant violates his or her obligations.
§ 8 Liability regarding external links
The organiser expressly distances itself from the contents of all third-party sites for which it has provided links or cross-references and disclaims responsibility for all such third-party sites and their contents.
§ 9 Court of jurisdiction
The following regulations regarding courts of jurisdiction apply to contracts on a participation in the Master program and the advanced training in radiography:
- Court of exclusive jurisdiction is the participant`s court of general jurisdiction, in case of disagreements concerning the content of such a contract or its existence.
- This agreement shall not apply only if the participant`s place of permanent or customary residence is located outside the geographical scope of this law. The same applies if the participant changes his or her place of permanent or customary residence outside the geographical scope of this law after concluding the contract or if his or her place of permanent or customary residence is unknown at the time when legal action is taken. In these cases the agreed court of jurisdiction is Münster.
In any other case, the following court of jurisdiction shall be agreed upon unless individually stipulated otherwise: When contracting with merchants, legal entities of public law or separate estates of public law, the court of jurisdiction if legal action is taken is Münster. If claims of the organiser are not lodged by way of dunning procedure, the court of jurisdiction is determined by the contracting party`s place of residence in case of contracting with non-merchants.
§ 10 Notice of termination of contract
(1) The participant can give notice of termination of the distance learning contract, without specifying reasons, at the earliest at the end of the first six months after the contract has been signed with a period of notice of six weeks, and, after the first six months, at any time with notice of three months. The rights of the organiser and the participant to terminate the contract for important reasons remain unaffected.
(2) Notice of termination of contract must be given in writing.
(3) In the case of termination of contract, the participant has only to pay that part of the fees corresponding to the value of the service provided by the organiser for the actual duration of the contract.