General Terms and Conditions (GTC)
Governing the Use of the “MedYouCate” Web Portal of MedYouCate GmbH, FN 560961 v
These GTC regulate access to and use of the services, products and contents on the MedYouCate Portal at www.medyoucate.com, including all videos, recordings, sounds, texts, graphics and any other material transmitted, received, stored or otherwise featured on the MedYouCate Portal. By accessing and/or using parts of the services, including the MedYouCate app, the User agrees to these GTC – regardless of whether a contract with MedYouCate is concluded or not. If the User does not fully agree to these GTC, the User will be denied access to the MedYouCate Portal and/or use of the contents and services featured on the MedYouCate Portal.
Table of contents
2. Scope of Application of the GTC
3. MedYouCate Services
4. Contract Conclusion / Contract Formation / Registration
5. Duration of Contract
6. Prices and Payment Terms for Use of MedYouCate Portal
7. Use of MedYouCate Portal / User Profile / Rights and Obligations of the User
8. Content Creator
9. Data Protection
11. Cancellation (= withdrawal), Cancellation policy, Consequences of cancellation, Further information, Sample cancellation form
The following definitions and/or provisions apply to these GTC and each MedYouCate/User contract:
these General Terms and Conditions of MedYouCate including additional conditions and guidelines to which reference is made herein and/or which are available via a hyperlink.
MedYouCate GmbH, FN 560961 v Regional Court of Linz.
the Internet platform operated by MedYouCate under the web address www.medyoucate.com.
the dedicated area on the MedYouCate Portal in which the data provided by the User or Organiser (i.e., the user data and the user master data, if any) is stored.
all contents, services and products (videos, recordings, sounds, texts, graphics, documents and other materials etc.) available on the MedYouCate Portal at a time, including, but not limited to, MedYouCate Originals, MedYouCate Cooperations and MedYouCate Third-Party Services. MedYouCate Services also include all functionalities of the MedYouCate Portal (User Profile etc.). Each content, service and product is referred to as “MedYouCate Service” (for a description of MedYouCate Services see also Art. 3 of these GTC).
MedYouCate Services placed by MedYouCate on the MedYouCate Portal as in-house productions. MedYouCate Originals are labelled as such in the opening credits (in the case of videos, recordings etc.) and by means of specific designations.
MedYouCate Services placed by MedYouCate on the MedYouCate Portal as third-party productions. Third-party productions are not checked for content but only processed in terms of their format (video editing etc.) by MedYouCate. In the case of videos, recordings, etc. MedYouCate Cooperations are labelled as such in the opening credits.
MedYouCate Third-Party Services:
MedYouCate Services placed by Content Creators on the MedYouCate Portal as well as third-party products (e.g., WHO checklists) placed on the portal by MedYouCate. MedYouCate Third-Party Services are not checked for content and form by MedYouCate. MedYouCate Third-Party Services display the Content Creator’s name or are labelled as Third-Party Services in another way.
any natural or legal person that uses the MedYouCate Portal. This includes any natural person who – independently from a contractual relationship between MedYouCate and another person – gains access to the MedYouCate Portal, either via that individual or in that individual’s sphere. Users that have entered into an agreement with MedYouCate are referred to as “Individual Users”. Users that obtain their right of use via an Organiser are referred to as “Derived Users”. Organisers use the MedYouCate Portal only insofar as they enable Derived Users in their organisations to use the MedYouCate Portal.
a legal or a natural person that concludes a contract with MedYouCate by which the Organiser is enabled by MedYouCate (exclusively) to grant a specific number of individuals from the Organiser’s sphere the role of (Derived) Users (for example: hospital as Organiser, physicians and medical and nursing staff of the hospital as individual Derived Users). Organisers themselves cannot use any MedYouCate Services (e.g., consume a video); as contract partners of MedYouCate, they merely create access to the MedYouCate Portal including all of its available functionalities for the Derived Users assigned to them. Where MedYouCate and an Organiser have concluded a contract, (only) the Organiser must pay MedYouCate a fee for the portal’s use by the Derived Users. Thus, the Derived Users’ right to use the portal is covered by the fees paid by the Organiser. Each Organiser shall ensure that their assigned Derived Users are aware of and act in accordance with these GTC.
any User that was authorized by MedYouCate to place their own or third-party contents as MedYouCate Third-Party Services on the MedYouCate Portal. Each Content Creator is in any case subject to the provisions of these GTC, as far as they address individual users. In this sense, each Content Creator is also a User. Organisers cannot be Content Creators.
the first use of a MedYouCate Service by a User, regardless of whether that MedYouCate Service is used again and/or repeatedly by a User. First use means first-time clicking. Example: If a User clicks a video a total of 6 six times, Unique Click refers only to the instance when the video is clicked for the first time; the subsequent five visits by the User do not count. Where a Content Creator charges a fee, only the first click is remunerated (as Unique Click). See Art. 8.4.
any individual who undergoes state-approved training for the pursuit of a medical profession. Anyone who has already successfully completed at least one state-approved training for the pursuit of a medical profession no longer qualifies for student status, even if they undergo additional training.
the User’s first name and surname, the user name chosen by the User, the User’s email address provided by the User, and the user-chosen password. The User is required to provide this data for registration. Organiser Data is considered User Data.
User Master Data:
additional information relating to the User that is needed for creating a user account (User Profile). This includes, if required, also the User’s address, the User’s account information, other payment data and/or information or the User’s taxpayer identification number. Organiser Master Data is considered User Master Data.
the User’s and/or Organiser’s user account through which Users and Organisers can manage their data and communicate with other Users.
MedYouCate Services relating to a specific medical subject area summarised under one heading.
the first and one-time MedYouCate Portal registration required of each User and Organiser.
each time a User signs into the MedYouCate Portal after registration.
the User’s individual data (user name, email address and password) the User is required to enter into the MedYouCate Portal for successful sign-in (i.e., for each use of MedYouCate Services after registration).
the period of 30 days after placing an order subject to a charge; during this period, the MedYouCate Services and any products and services available through the MedYouCate Portal can be used free of charge and thus tested for suitability and usability.
the (respective) agreement relating to the use of the MedYouCate Portal and MedYouCate Services in return for payment of a subscription fee, concluded either between (i) MedYouCate and the User or (ii) in the case of an Organiser, between MedYouCate and the Organiser. Subscriptions are purchased for one year (1-year subscriptions). With the prior consent of the User or Organiser, a subscription can be set to automatically renew annually.
MedYouCate and the User or Organiser collectively, regardless of whether a contractual relationship between the User or Organiser and MedYouCate has already been established or not.
2. Scope of Application of the GTC
The MedYouCate Portal is a fee-based Internet platform of MedYouCate.
On the MedYouCate Portal, MedYouCate provides a variety of MedYouCate Services for medical education and training in selected areas of human medicine, with Users undergoing such training on their own responsibility. MedYouCate Portal Users can use the MedYouCate Services provided therein for a certain period, under certain technical conditions, against payment of a fee. A contract relating to that use is concluded between MedYouCate and the User or Organiser. Provisions on the formation of a contract are detailed in Art. 4 of these GTC. The technical requirements are described in Art. 7.8 of these GTC.
Each contract between MedYouCate and the Users or Organisers that is concluded (or extended) via the MedYouCate Portal and each use of the MedYouCate Portal shall be governed by these GTC. No terms or agreements deviating from these GTC shall be effective unless they are agreed upon and entered into in writing.
MedYouCate Services are geared towards persons working in the medical field, including, but not limited to, persons studying human medicine, physicians, and medical and nursing staff. The MedYouCate products and services provided on the MedYouCate Portal and the MedYouCate Services can only be used for individual personal purposes in the framework of an individual’s own specialised education and training. No commercial or other use of the products and services featured on the MedYouCate Portal and the MedYouCate Services for business (commercial) purposes by a User or Organiser (e.g., any form of marketing) is allowed, except where expressly agreed on a case-by-case basis. In particular, forwarding MedYouCate products and services featured on the MedYouCate Portal and MedYouCate Services to third parties and thus enabling them to use the products and services, whether free of charge or in return for a fee, is inadmissible (with the exception of Organisers and the Derived Users assigned to them).
As far as these GTC address Users and do not state the contrary, the relevant provisions – even if no reference is explicitly made in each specific case – shall apply accordingly also to Organisers and vice versa, subject to and in consideration of the fact that Organisers cannot use any MedYouCate Services (e.g., consume a video) but – as contract partners of MedYouCate – merely create access to the MedYouCate Portal and all its available functionalities for the Derived Users assigned to them.
3. MedYouCate Services
The sole purpose of MedYouCate Services is providing complementary individual personal education and training for Users on their own responsibility in addition to their specific education and training in the framework of their studies or their profession. Subject to the aforesaid, MedYouCate Services are solely intended for professional medical use. Using MedYouCate Services does not guarantee the fulfilment of the requirements needed for successfully passing examinations to finish one’s degree and/or for proper practice of the profession of a physician or any other profession in the medical field. Thus, the use of MedYouCate Services is always at the User’s own risk and responsibility.
Apart from the test period, MedYouCate Services can only be used during the term of a contract.
The MedYouCate Services provided do not claim to be exhaustive or up to date. MedYouCate Services must therefore not be relied on as being complete or representing the state of the art of medical science. MedYouCate Originals, by contrast, represent the state of the art of medical science upon initial provision on the MedYouCate Portal.
MedYouCate Services are designed to represent medical contents in concise form. Their purpose is to provide the User with fundamental complementary information, never replacing the User’s technically sound education and training, however.
MedYouCate Services are not intended for use as reference for medical interventions or practices. Users are always responsible for any medical interventions or practices in accordance with their qualification and the relevant regulations applying to them.
MedYouCate Services can be MedYouCate Originals, MedYouCate Cooperations or MedYouCate Third-Party Services. The choice of the MedYouCate Services consumed is the sole responsibility of the User. Users also decide on their own responsibility which functionalities of the MedYouCate Portal they want to use.
MedYouCate is free to decide which MedYouCate Services to make available – particularly with regard to MedYouCate Originals. MedYouCate reserves the right to extend the range of MedYouCate products and services; Users and Organisers are not entitled to demand any specific areas of studies, specific contents of an area of studies, specific courses or a specific duration and/or amount of content and/or a specific MedYouCate product or service. However, MedYouCate will continue to work on expanding the services and products offered by the MedYouCate Portal.
With regard to MedYouCate Cooperations, MedYouCate Third-Party Services and the use of other functionalities (such as the chat via the user profile feature etc.), MedYouCate’s role as provider of the MedYouCate Portal is restricted to mere hosting (§ 16 öECG (E-Commerce Act)). Please note the provisions on the scope and the obligations of MedYouCate as stipulated specifically under §§ 13 et seq. öECG.
If and to the extent that MedYouCate issues confirmations and/or other certificates relating to the use of MedYouCate Services for a specific user profile – with or without tests to monitor the User’s progress –, this will be done with the reservation that MedYouCate is unable to check whether and by whom the MedYouCate service or product was actually used and/or who completed the test. MedYouCate makes no representation that any confirmation and/or other certificate issued by MedYouCate will be recognized as evidence of completion of an education and/or training program by third parties (including, but not limited to, professional organisations such as medical associations, public authorities, universities etc.), and assumes no liability in this respect.
Data communication via the Internet cannot be warranted as faultless and/or available at any time at the current stage of technology. MedYouCate endeavours to ensure a high technical availability of the MedYouCate Portal. Nevertheless, permanent availability of the MedYouCate Portal cannot be guaranteed and is not part of the contract. This applies also to the functionality of third-party software that is used when the MedYouCate Portal is used; this functionality is not part of the contract either. Thus, MedYouCate is neither liable for permanent and uninterrupted availability of the MedYouCate Portal nor for technical and/or electronic errors beyond the control of MedYouCate.
If MedYouCate Services are not (or cannot be) provided at the time agreed due to technical reasons that are attributable to MedYouCate, the User will be entitled to consume the MedYouCate Services at a later time, if this can be reasonably expected from the User. The User cannot cancel the contract if and to the extent MedYouCate is prevented from providing MedYouCate Services due to force majeure or the impacts of force majeure (in particular limited availability of staff) or if providing MedYouCate Services is economically unfeasible for MedYouCate. In such a case, the provision of MedYouCate Services will be postponed to a reasonable date and time after the effects of such an event have ceased.
4. Contract Conclusion / Contract Formation / Registration
MedYouCate offers a variety of MedYouCate Services on the MedYouCate Portal against payment of a fee. A contract is concluded on the MedYouCate Portal in accordance with the provisions of these GTC. A prerequisite for contract conclusion is, in addition to fulfilment of the technical requirements (see Art. 7.8 of these GTC), that the Users or Organisers register for the use of the MedYouCate Portal.
The registration of a User or Organiser does not lead to any performance or payment obligations, neither for the User or Organiser nor for MedYouCate.
4.3. Individual Users
An individual User registers by first selecting the user category applicable to them (Medical Professional / Student / Content Creator / Other). The category selected must be in accordance with the User’s actual status. Then the User must enter the data requested on the MedYouCate Portal, in particular their first name and surname, email address, an individual user name chosen by them and an individual password chosen by them (i.e., the User Data) on the MedYouCate Portal and accept the GTC and the data protection provisions of MedYouCate. The information provided in the registration must be accurate and complete and kept up-to-date by adapting it autonomously or notifying MedYouCate of any change. Only one registration at a time per person is allowed. Then the User receives a confirmation of successful registration by email; the confirmation shall be deemed to be an offer by MedYouCate to conclude a contract. If the User is requested to provide any evidence (e.g., certificate of study, licence to practice medicine etc.), the User must upload those documents in PDF format. The registration is activated by the User clicking the links in the confirmation email.
When the registration has been activated, the User has the possibility to accept the services and products offered by MedYouCate by clicking the “Order against payment of a fee” button. Thus, the contract relating to the services and products offered by MedYouCate or the MedYouCate Portal and all its available functionalities is formed.
An Organiser registers by first selecting the user category “Organiser”. The category selected must be in accordance with the Organiser’s actual status. Then the Organiser must enter the data requested on the MedYouCate Portal, in particular their first name and surname, email address, the name of their organisation, payment data, invoice data, and the number of requested maximum Derived Users, including their email addresses, first names and surnames, and accept the GTC and the data protection provisions of MedYouCate. The information provided in the registration must be accurate and complete and kept up-to-date by adapting it autonomously or notifying MedYouCate of any change. Only one registration at a time per Organiser is allowed. Then the Organiser receives a confirmation of successful registration by email; the confirmation shall be deemed to be an offer by MedYouCate to conclude a contract. If the Organiser is requested to provide any evidence, the Organiser must upload those documents in PDF format. The registration is activated by the Organiser clicking the links in the confirmation email.
When the registration has been activated, the Organiser can choose to accept the services and products offered by MedYouCate by clicking the “Order against payment of a fee” button. Thus, the contract relating to the services and products offered by MedYouCate or the MedYouCate Portal and all its available functionalities within the scope of the right to use such services and products granted to the Organiser for Derived Users is formed.
Organisers are entitled to grant Derived Users in the framework of their organisation the right to use the services and products offered by MedYouCate or the MedYouCate Portal and all its available functionalities. The following procedure is required: The Organisers list the email addresses of the Derived Users in their organisation in their User Profiles. The Organisers are responsible and will indemnify and hold MedYouCate harmless with respect to their right to disclose the data of the Derived Users; Organisers have an obligation to furnish evidence thereof. For each Derived User defined by an Organiser by providing the User’s email address, the Organiser must pay the agreed price for a one-year subscription (see Art. 6.), regardless of whether the Derived User creates a User Profile and/or uses the MedYouCate Services or not.
4.5. Derived User
Derived Users must also register in accordance with Art. 4.3.1. The registration takes place as follows: After the Derived User’s email address has been disclosed by the Organiser (Art. 4.4.3), the Derived User is informed by MedYouCate by email of having been added as (Derived) User to the circle of the Organiser’s authorised users. This notification email contains a link. By clicking this link, the Derived User is connected with the MedYouCate Portal. There, every Derived User can create their User Profile. As a Derived User has no payment obligation, there is no requirement to click the “Order against payment of a fee” button.
The Organiser is at liberty to remove Derived Users by deleting their email addresses from the MedYouCate Portal. In this case, the deleted Derived User can use the MedYouCate Portal and/or its functionalities until the expiry of the current one-year subscription paid for by the Organiser. The Organiser’s payment obligation for a deleted Derived User ends upon the expiry of the subscription period in which the Derived User was deleted by the Organiser. A Derived User deleted by the Organiser cannot assert claims for the use of the MedYouCate Portal vis-à-vis MedYouCate after the current one-year subscription has expired.
For the first 90 days of use, no fee is charged. The duty to pay does not arise until 72 hours after placing the order against payment of a fee.
Individual Users and Organisers are granted the right to cancel the contract within 72 hours of contract formation through a unilateral statement (Test period). For this purpose, the Individual Users and Organisers must click the “Cancel subscription” button in their User Profile in time. In this case, the User can no longer examine and test the MedYouCate Portal and all its available functionalities free of charge; MedYouCate reserves the right to delete the registration of a User. Any legal cancellation rights and/or rights of withdrawal remain unaffected thereby.
Users and Organisers are at liberty to use a registration for potentially concluding a (further) contract at a later time. In this case, the Users and Organisers must re-register under the previous registration. This registration triggers another confirmation email from MedYouCate, which is again an offer to conclude a contract with MedYouCate. As to the contract formation, the arrangements above apply accordingly.
There is no entitlement to be accepted for registration etc. by MedYouCate. MedYouCate is unilaterally entitled to deny registration etc. (without providing the reasons for that denial). MedYouCate is not obligated to verify the information provided by Users in the context of their registration. Where evidence requested is not furnished (in particular on student status), MedYouCate reserves the right to withdraw from the contract.
Where Users register as Content Creators, they are initially registered in accordance with the above arrangements and procedures as (other) Users. If the Users are requested to furnish evidence (e.g., the licence to practice medicine etc.), the Users must upload those documents in PDF format. MedYouCate will then notify the Users by email within 120 hours of the document upload whether they are accepted as Content Creators or not.
Minors (= persons below the age of 18 years) cannot register and conclude contracts without written consent of their parent or legal guardian.
Persons who are limited in their capacity to act or their legal capacity cannot register and conclude contracts without written consent of their legal guardian or other representative.
5. Duration of Contract
Contracts are made for a duration of one year (1-year subscription) from the expiry of the test period, provided that the User makes the payment during the test period.
If Users or Organisers, when registering, click that they agree to an automatic extension of the contract by one year, the contract will automatically renew for an additional one-year period, unless the User or Organiser or MedYouCate terminates the agreement before the current contract term expires. If the fee for a one-year subscription is increased, the contract will not extend automatically for another year.
6. Prices and Payment Terms for Use of the MedYouCate Portal
Individual Users must pay the price for one 1-year subscription (contract). Organisers must pay the price for one 1-year subscription (contract) for the Derived Users assigned to them for each Derived User registration. The prices for a one-year subscription (contract) and thus for the use of the MedYouCate Portal and the MedYouCate Services available on the portal are displayed at www.medyoucate.com. The prices relate to the use of the MedYouCate Portal and the MedYouCate Services available on the portal for a period of one year. The prerequisite for receiving the student reduced rate is that Users have not yet completed their studies at the time of conclusion of the contract and subsequently at the beginning of each contract renewal.
Prices are inclusive of statutory VAT effective at the time. The User is responsible for paying all taxes in connection with the use of the MedYouCate Services (1 year subscription). No delivery costs will be incurred. MedYouCate is eligible for e-invoicing.
The fee must generally be paid in advance and becomes due for payment at the time of conclusion of the contract. The MedYouCate Portal will not be activated before payment has been made according to the contractual terms.
For the payment, the User or Organiser must choose one of the payment methods offered on the MedYouCate Portal. No other methods of payment are available. However, the User or Organiser may at any time switch to another payment method among the payment methods offered on the MedYouCate Portal. The User or Organiser is responsible for keeping the payment data up to date and for making the payment possible. Where automatic renewal of contract was agreed, payment shall be made using the payment method currently chosen.
The User’s or Organiser’s right to offset liabilities to MedYouCate is excluded (subject to the subsequent sentence). This exclusion of set-off does not apply if MedYouCate is insolvent or if counterclaims directly associated with the User’s debt have been declared final in a court of law or recognized by MedYouCate.
If a User or Organiser unjustifiably does not meet a due payment obligation vis-à-vis MedYouCate, MedYouCate will be entitled, after sending a reminder notice and after the expiry of a reasonable grace period, to ban the User Profile temporarily until the due payment is received. Any other statutory and contractual rights of MedYouCate and of the User and/or Organiser remain unaffected by a ban.
7. Use of MedYouCate Portal / User Profile / Rights and Obligations of User
Upon contract conclusion and payment of the price for a one-year subscription, the non-exclusive, non-transferable (except for Organisers with regard to their Derived Users) and locally unlimited right to use, for a period of one year, the contents and/or services available on the MedYouCate Portal (MedYouCate Services) via the User Profile in accordance with the provisions of these GTC (1-year subscription) is acquired. Users must enter and confirm their sign-in data. The MedYouCate Portal cannot be used without registering. The MedYouCate Portal may only be used via a User’s own User Profile.
The management of the User Profile (updating etc.) is the sole duty of the User or Organiser. The User Data, in particular the individual password, must be kept secret; it shall not be disclosed to third parties and must be reasonably protected against unauthorised third-party access. The individual password must be changed as soon as it becomes known or there is reason to believe that a third party has gained or could gain knowledge of the individual password. MedYouCate has the right to ban a user name and/or the respective password or replace it (or any other means for personal identification) immediately and without prior notice if illegal access to the MedYouCate Portal via that user name was detected or if there is reasonable suspicion that such illegal access via that user name will occur or has occurred. MedYouCate is entitled to restrict the access to a limited area or specific IP addresses or to ban a specific area or specific IP addresses, either in connection with a user name or independently of a user name.
Ceding the registration and/or sign-in-based use of the MedYouCate Portal to third parties is not permitted. Derived Users of an Organiser are not deemed third parties.
Each registered User is responsible for ensuring that every other User who uses the MedYouCate Portal following registration knows, accepts and complies with these GTC. The same applies to Organisers with regard to their Derived Users.
An essential precondition for the proper use of the MedYouCate Portal and correct assignments to a particular User is that the User Data, especially the first name and surname and the email address, is kept up-to-date. Therefore, in case of any change, the User must immediately amend the user data accordingly, especially the first name and surname and the email address.
MedYouCate does not check the user data for completeness and/or accuracy. Updating the user data is the sole responsibility of each User.
Students are responsible for updating proof of their valid student status in time (uploading PDFs).
The legal provisions regarding the protection of copyrights and other rights in any MedYouCate Service and/or content as well as any other contents in the range of services and products provided by MedYouCate on the MedYouCate Portal must be observed. The contents must not be recorded, altered, copied, disseminated or made publicly accessible unless express permission was given. Also, technological protection measures or copyright notices or the like shall not be removed unless express permission was given.
The MedYouCate Portal can only be used if specific technical conditions are met. Users need the right hardware and software, depending on the device they want to use for accessing the MedYouCate Portal. It is the Users’ duty to have the appropriate hardware and software for accessing the MedYouCate Portal ready in time at their own expense.
The technical preconditions, with the hardware and software mentioned below being defined as appropriate, are:
(i) Requirements for Apple desktop hardware (desktop Mac, laptop): “macOS Big Sur”, version 11 or later of the operating system, and Internet browser “Chrome”, “Safari”, “Opera” or “Firefox”.
(ii) Requirements for other desktop hardware (PC, laptop): “Windows”, version 10 or later of the operating system, and Internet browser “Chrome”, “FireFox”, “Opera” or “Edge”. It is important to note that the Internet browser “Internet Explorer (IE)” cannot be used for accessing the MedYouCate Portal.
(iii) Where mobile hardware (smartphone, tablet etc.) is used, the User needs a stable holder for the device; one of the following operating systems is required: “Android” (version 11 or later) or “IOS” (version 14 or later).
(iv) Users shall ensure that they use only the latest version of their Internet browser at all times.
(v) The required minimum internet speed is 5 Mbps for download speed and for upload speed.
Any contents of whatever kind uploaded to the MedYouCate Portal by a User, regardless in what way and wherever, especially where they relate to the respective User Profile, must be in compliance with the MedYouCate guidelines. All such contents must relate to medical topics and/or related issues of education and training and/or professional practice. No other contents are allowed. Every User shall specifically refrain from uploading any contents and/or other comments of any kind that could be perceived as racist, discriminatory, intolerant, sexist, pornographic, contrary to the principle of equality or otherwise inappropriate. MedYouCate reserves the right to temporarily ban Users from using the MedYouCate Portal for infringements (with the contract term being extended by the period during which the ban is effective) or to terminate the contract for cause with immediate effect by way of a unilateral declaration of termination.
Users shall not use MedYouCate Services for (i) the harassment, abuse, insult, infliction of damage, defamation, libel, vilification, intimidation or discrimination of persons based on gender, sexual orientation, religion, ethnic background, race, age, national origin or disability; (ii) the transmission of false or misleading information; (iii) uploading or otherwise transmitting any viruses or any other type of malicious code that is or can be used in a way that affects or could affect the functionality or the operation of the MedYouCate Portal, other websites or the Internet; (iv) collecting or tracking personal data of a third party; (v) interfering with or evading the safety functions of the MedYouCate Portal; and/or (vi) carrying out any other illegal or immoral activities.
Users shall not delete, remove, disfeature or cover any trade marks, brands, numbers, copyright or other proprietary notices, guarantees, designations of origin, means of identification, disclaimers or any other statements relating to or associated with MedYouCate Services, nor are Users allowed to authorize other persons to do so.
MedYouCate Services shall not be, in any way, changed by the User in whole or in part or combined with any software, data or material whatsoever; moreover, the User is not allowed to create any derived work; the User shall not allow any third party to undertake any of the above-mentioned activities.
Users shall notify MedYouCate without delay when they become aware of (i) unauthorized use of the MedYouCate Portal, (ii) actual, imminent or suspected infringement of any intellectual property right (including, but not limited to, by MedYouCate), and/or (iii) any third-party allegation of infringement of third-party intellectual property or any other rights by MedYouCate Services.
Users acquire no immaterial rights, in particular no intellectual property rights, in MedYouCate Services.
8. Content Creator
Content Creators are entitled to upload information relating to medical contents in accordance with the requirements and the purpose of the MedYouCate Portal on their respective User Profile, condense such information to a Course, where appropriate, and make it available to other MedYouCate Portal Users. Users shall not upload their own contents, whatever they are, to the MedYouCate Portal unless they were expressly accepted as Content Creators. A User will not be entitled to a compensation before being accepted as a Content Creator. Organisers cannot be Content Creators.
Each Content Creator assumes the exclusive responsibility for their own MedYouCate Third-Party Services. MedYouCate merely provides the Content Creators with the storage space of the MedYouCate Portal for such uploads and/or exchange of information.
MedYouCate will not review the MedYouCate Third-Party Services of Content Creators in any way whatsoever. Such a review is not included in the contractual scope of service of MedYouCate; the same applies to the accuracy, completeness and up-to-dateness of MedYouCate Third-Party Services provided by Content Creators. This must be taken into account and considered by each User.
A one-off remuneration (fee) will be credited to the Content Creator’s account for every Unique Click; the fee is limited to each Unique Click performed by another User, i.e., when another User clicks on content uploaded by a Content Creator to the MedYouCate Portal (only) in the form of a video and/or a recording. A Unique Click is only considered complete if the other User watches the video for at least 5:00 minutes. The fee per Unique Click is EUR 0.05 (Euro cent five) plus statutory VAT effective at the time. If and when the fee totals at least EUR 100.00 (net), the Content Creator can request payment of the total credit balance from MedYouCate. This request is made via the Content Creator’s user portal/dashboard. Upon termination of the contract, the remaining balance shall be paid out to the Content Creator immediately, regardless of the amount.
Each Content Creator will be responsible and held personally liable for proper payment of all applicable taxes and charges.
Content Creators are responsible for making sure that the MedYouCate Third-Party Services uploaded by them do not infringe any copyright or other third-party rights. Content Creators guarantee that they hold all the rights and declarations of consent required for their content and for making their content available on the MedYouCate Portal. Each Content Creator shall indemnify and hold MedYouCate harmless in this respect.
Content Creators agree that contents uploaded by them may be retained on the MedYouCate Portal and insofar pass into MedYouCate’s permanent sphere of disposal. In this sense, every Content Creator transfers to MedYouCate an irrevocable, paid-for, non-exclusive, transferable and temporally and locally unlimited right of use in the uploaded contents (MedYouCate Third-Party Services).
MedYouCate reserves the right to permanently deactivate any contents uploaded by a Content Creator (MedYouCate Third-Party Services), so that they can no longer be viewed, at any time, without providing the reasons for that deactivation. MedYouCate may request Content Creators at any time to delete any contents uploaded by them, without providing the reasons for that request.
No contractual relationship is established between MedYouCate and Content Creators (in the case of Individual Users: no contractual relationship beyond the agreement on the use of the MedYouCate Portal), particularly no employment contract or service contract, free-lance contract or the like.
9. Data Protection
Specific information on the applicable provisions in data protection legislation can be requested via the “Data protection” link on the MedYouCate Portal.
The following clause applies only to consumer transactions (Consumer transactions are transactions where the User is a consumer. Anyone who is not an entrepreneur is a consumer. Anyone for whom a transaction is part of the business of their enterprise is an entrepreneur. An enterprise in this respect is every organisation pursuing an economic activity for own account and established on a lasting basis, including not-for-profit organisations): For harm inflicted on a User, MedYouCate will only be liable if such harm is the result of intent or gross negligence on the part of MedYouCate or of intent or gross negligence on the part of the agents working for MedYouCate, with the exception of personal injury, where MedYouCate’s liability is unlimited, even in case of slight negligence.
The following clause applies only to transactions which are no consumer transactions (Consumer transactions are transactions where the User is a consumer. Anyone who is not an entrepreneur is a consumer. Anyone for whom a transaction is part of the business of their enterprise is an entrepreneur. An enterprise in this respect is every organisation pursuing an economic activity for own account and established on a lasting basis, including not-for-profit organisations): For harm inflicted on a User, MedYouCate will only be liable if such harm is the result of intent or gross negligence on the part of MedYouCate or of intent or gross negligence on the part of the agents working for MedYouCate. MedYouCate shall not be liable for any consequential damage. The User bears the burden of proving that MedYouCate has acted with intent or gross negligence.
Any forms, samples, drafts, templates etc. (such as a third party’s declaration of consent, for example) provided by MedYouCate in any form whatsoever, if any, are not part of the contract (and hence not part of MedYouCate’s scope of services) and shall only be understood as recommendations for which MedYouCate assumes no liability. MedYouCate is not under an obligation to provide such material and can stop providing it at any time. Each User and/or Organiser who uses such forms, samples, drafts, templates, etc. shall be responsible for using them and must check and adapt them on their own responsibility. This does not apply if the User and/or Organiser pays an agreed fee for such materials or if an explicit written agreement to the contrary was concluded.
11. Cancellation (= withdrawal)
Each User has the right to withdraw from a contract within 14 days without providing the reasons for the withdrawal. Such a withdrawal is hereinafter referred to as cancellation.
The cancellation period ends 14 days after the day the contract was made.
To exercise this cancellation right, the User shall notify MedYouCate by means of a clear statement (e.g., sending a letter by post, by telefax or by email) declaring the decision to cancel the contract. The attached standard cancellation form can be used (see also 11.9.). However, its use is not mandatory.
The statement of cancellation shall be sent to: MedYouCate GmbH, Promenade 25b, 4020 Linz, email: [email protected], telephone: +43 664 400 3834
If a User’s statement declaring the exercise of the cancellation right is dispatched before the end of the cancellation period, it shall be deemed sufficient for compliance with the cancellation period.
Consequences of cancellation
If Users cancel their contract, they will be refunded without delay the full amount of all payments MedYouCate received from them, including the delivery costs (except any additional costs resulting from a User’s choice of a delivery method other than the most cost-effective standard delivery offered by MedYouCate), in any event 14 days after the day MedYouCate received the contract cancellation notice. For the refund payment, MedYouCate will use the payment option used by the User in the original transaction, unless expressly otherwise agreed with the User; the User will not be charged any fee for a refund payment.
In the case of a contract for delivery of digital contents that are not stored on a physical data medium, the User’s cancellation right expires prematurely if the User expressly agreed to MedYouCate beginning to perform the contract before expiry of the cancellation period, and if the User confirmed being aware that they would consequently lose their cancellation right upon start of contract performance.
In the case of a contract for the provision of services: If the User requested that the services should begin during the cancellation period, they must pay MedYouCate a reasonable sum which corresponds to the proportion of the services already provided by the time the User informs MedYouCate that they will exercise their right to cancel their contract, as compared to the total volume of the services to be provided pursuant to the contract.
Sample cancellation form
If Users want to cancel the contract, they can fill in the following form and send it to MedYouCate:
MedYouCate is neither in a position nor under an obligation to participate in an alternative dispute resolution procedure under the Alternative Dispute Resolution Law.
The details of the contract and any other information, customer service, data information and complaint handling will be drawn up and carried out in German or in English.
The contract shall be governed by the substantive law of the Republic of Austria, with the exception of the provisions which refer to the application of foreign laws. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention) is expressly excluded.
In the absence of mandatory provisions to the contrary, the competent court at the location where MedYouCate has its principal office (Linz, Austria) shall have sole jurisdiction to settle any dispute between the contracting parties. This does not apply to Users resident in Austria.
The headings of these GTC are for structure and clarity only and shall not be used for interpretation purposes.