TERMS & CONDITIONS (EN) – > AGB (DE)

We wish you much success and fun using doozzoo, the “live coaching platform for music education”.
Please read the doozzoo GbR „Terms & Conditions“ and the privacy policy carefully, because by using doozzoo you agree to our AGB and the privacy policy. If you have any questions, please feel free to contact us at support(at)doozzoo.freshdesk.com. You will find additional contact data and information on the commercial registration as well as on the representatives of doozzoo GbR in the imprint section.
With the binding booking by the contractual partner (hereinafter referred to as “user”) via the doozzoo online platform, by e-mail or in writing by means of an informal registration letter sent by post to doozzoo GbR, Thomas Gier, Christoph Pelz, Kapellenstr. 17, 40670 Meerbusch, Germany a contract is concluded between the user and doozzoo. The following terms and conditions of doozzoo apply to this contract. Users of doozzoo are subject to the provisions of these GTC and the data protection declaration in the currently valid version. If you access the doozzoo website, register on the doozzoo website, log in or use doozzoo in any other way, you agree to our terms and conditions and privacy policy. Deviating conditions of the users will not be accepted.

§ 1 Services of doozzoo / booking /subscription
(1) doozzoo is an innovative online platform and technical service for online music lessons via video communication. doozzoo offers highly specialized tools and optimal image and sound transmission for online music lessons.
(2) The use of doozzoo is reserved for adults. doozzoo is entitled at any time to verify the identity of users by means of official documents and reserves the right to take legal action against those users who make false statements about their identity. In order to ensure security against misuse by third parties, doozzoo is entitled to store the IP address from which the booking was made. In order to use the services and offers of doozzoo, the user must provide a valid e-mail address, first and last name, complete postal address (registration address) and telephone number at the time of booking. The potential user will receive a booking confirmation about the chosen service (package) after booking from doozzoo.
(3) You acquire a paid PRO coach account as a subscription with doozzoo by paying a monthly subscription fee in advance or in another period which we will inform you about before your acquisition in the form of a prepayment with which you get access to the use of the doozzoo platform for a certain period (“prepaid period”).

§ 2 Free test access / package fees / validity

(1) doozzoo will, in its sole discretion, determine whether you are entitled to a free trial subscription to the service.

(2) We reserve the right to limit the number of free accesses per customer and to take measures to prevent abuse.

(3) You must agree to these terms in order to be eligible for a free trial.

(4) During the free trial you are entitled to use the platform and the service only to the extent permitted by doozzoo. doozzoo is under no obligation to provide you with customer service or technical support during your free trial. doozzoo may change or discontinue the terms of the Free Trial at any time without prior notice.

(5) Package fees are payable in advance.  The service of doozzoo cannot be claimed by the user until the amount for the selected package has been credited to the account at doozzoo. The currently valid tariffs can be viewed on the doozzoo website under “Packages” in the price table. doozzoo reserves the right to adjust the package prices at any time. The booked package price remains valid.

§ 3 Data protection
(1) Every user has to send a change of his contact data immediately in writing to doozzoo during the term of the contract. By booking and using doozzoo’s offers, the user agrees that doozzoo may collect, store and use personal data such as first and last name, address, telephone, fax, e-mail address and payment information. The personal data will only be used by doozzoo to process the booking and will not be passed on to third parties.
(2) By completing the booking, the user agrees to the transfer of personal data to the participants for the purpose of establishing contact and processing online lessons about doozzoo.
(3) The user will be informed about new services and products of doozzoo. If the user is not interested, please inform info(at)doozzoo.com informally.
(4) When using doozzoo, personal data of the users are collected and used. For the type and scope of data collection and use as well as further details, please refer to doozzoo’s Privacy Policy, which is hereby incorporated into these GTC in its entirety.
§ 4 Revocation / Termination / Cancellation
Cancellation of a “PRO Coach” account subscription is possible informally via e-mail, fax or letter. Cancellation must be made 14 days prior to the monthly end of the account. For this purpose we need the subscriber’s name and the corresponding e-mail address which is used as user name for the PRO Coach account.
If users register with doozzoo for a purpose that cannot be attributed to their commercial or self-employed professional activity, the following provisions apply to those users as consumers within the meaning of § 13 BGB (German Civil Code).

BEGINNING OF THE REVOCATION INSTRUCTION
(1) REVOCATION INSTRUCTION
The user has the right according to § 355, BGB, within 14 days without giving reasons to revoke the contract. The revocation period is 14 days from the date of booking. In order to exercise the right of withdrawal, the user can use the withdrawal form on doozzoo, which is, however, not mandatory. In addition, the revocation can also be made by means of a clear declaration of the decision to revoke the contract as follows: “By post to doozzoo GbR, Thomas Gier, Christoph Pelz, Kapellenstr. 17, 40670 Meerbusch, by fax to: +49 (0)2159 829862 or by e-mail to: info(at)doozzoo.com. There will be a written confirmation of revocation. In order to comply with the revocation period, it is sufficient for the notification of the exercise of the right of revocation to be sent before the expiry of the revocation period.
(2) Consequences of the revocation
If the agreement is revoked, all payments booked to the doozzoo account will be refunded immediately and at the latest within fourteen days from the day on which doozzoo received the notification of revocation of this agreement. The same means of payment will be used for this refund as was used for the original transaction, unless expressly agreed otherwise with doozzoo; in no case will any fees be charged for the refund.
END OF THE REVOCATION POLICY

(3) Withdrawal form
If the customer wishes to cancel the contract, please fill in this form and return it:

doozzoo GbR
Thomas Gier, Christoph Pelz
Kapellenstr. 17
40670 Meerbusch

Fax: +49 (0)2159 829862
E-mail: account(at)doozzoo.com

I/we (*) hereby revoke the contract/booking concluded by me/us (*) with doozzoo:

Ordered on (*) / received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s)
(only for paper messages)
date

(*) Delete as appropriate

(4) Both parties have the right to terminate the contract at any time for good cause. The cancellation can be made informally by e-mail or by letter to doozzoo GbR, Thomas Gier, Christoph Pelz, Kapellenstr. 17, 40670 Meerbusch, as operator. Such an important reason can exist, if it is unreasonable for doozzoo to continue the booked package of the user, whereby all circumstances of the individual case are considered and the interests of the operator are weighed against those of the user. This may be the case, for example, if a user violates legal regulations or violates an obligation under these GTC.
(5) If the contract is terminated for good cause or if user access has been restricted in accordance with these GTC, the affected user has no claim to repayment of advance payments already made. The same applies in case of premature termination of the contract, unless the termination was declared for an important reason for which doozzoo is responsible. Furthermore, a direct debit authorisation does not automatically expire due to the termination and doozzoo remains entitled to collect outstanding claims.
§ 5 Technical requirement for the use of doozzoo
(1) To use the video chat platform, the user requires a computer with a current browser such as Mozilla Firefox or Google Chrome, monitor loudspeakers/headphones, webcam and fast Internet access (from 16000kb/s is recommended). Cookies and Java Script must be enabled. If the user does not have these technical prerequisites, this may result in impairments of use. In some cases the use may be impossible. Doozzoo does not assume any liability or guarantee for the flawless execution of the online lessons, if the aforementioned conditions are not fulfilled.

§ 6 Content / Copyrights
(1) doozzoo and all doozzoo websites are protected by copyright. All rights reserved.
(2) The content provided on the doozzoo websites, such as information, texts, files, pictures, photos, videos, films, sounds and music as well as other material of any kind and form, can be content of the operator or controlled by him, as well as content belonging to third parties or controlled by third parties (hereinafter collectively: “content”).
Users may not modify, remove, suppress or otherwise interfere with any copyright, trademark, trade mark or other proprietary right contained or associated with the doozzoo Websites or related products or services. Users are not allowed to reproduce, change, edit, publish, sell, license or commercially exploit doozzoo content in any way without prior written consent of doozzoo.
(3) doozzoo is entitled at any time to organise, support or operate competitions, advertising campaigns and/or other activities via the website which are governed by the separate terms and conditions of the respective cooperation partners and organisers. Details will be posted on the Website together with a link to the respective terms and conditions. doozzoo is not responsible and shall not be liable for any actions of such third party organizers or other third parties involved in such contests, promotions and/or other promotions.
(4) All rights and claims, including all worldwide intellectual property rights in the doozzoo Websites, trademarks, service marks and logos contained in the doozzoo Websites, other than rights transmitted by users or controlled by third parties, are the sole property of doozzoo and its authorized partners. Except as otherwise expressly provided elsewhere, any form of distribution and/or reproduction of the content or parts thereof is expressly prohibited without the prior written consent of the copyright holder.
§ 7 Obligations of Users
(1) Every user is obliged to refrain from actions which are likely to impair the operation of doozzoo or the technical infrastructure behind it and/or to overload it excessively or to use protected contents of doozzoo illegally. This includes in particular the use of software, scripts, viruses or other computer codes, data or programs aimed at interrupting, destroying and/or restricting doozzoo and the functionality of a software or hardware or other equipment of the doozzoo websites; blocking, overwriting, modifying, copying data and/or other contents, or disrupting or interrupting the data flow on doozzoo or in any other way impairing the use of the doozzoo websites, unless this is necessary for the contractual use of doozzoo; reproduce and/or distribute and/or publicly reproduce any Content available on doozzoo that is protected by copyright, trademark or other intellectual property laws, except as expressly permitted or intended to be used by Users.
§ 8 Disclaimer of liability
(1) doozzoo makes no representations or warranties of any kind (express or implied) as to the completeness, accuracy, reliability, suitability or availability of doozzoo or any information, offers, products, and services or related graphics and/or other content on doozzoo. If users rely on such information, they do so solely at their own risk. doozzoo therefore assumes no liability for any loss or damage (including but not limited to consequential or other loss or damage) resulting from loss of data. The same applies to funds, proceeds or other profits that arise or may arise through or in connection with the use of doozzoo.
(2) doozzoo is not responsible for content or other materials transmitted by users. Any Content provided by a User on doozzoo is the sole responsibility of the User providing such Content. doozzoo shall not be liable for any errors or omissions in connection with such Content.
(3) doozzoo endeavours to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by doozzoo itself or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere fact that a trademark is mentioned should not lead to the conclusion that it is not protected by the rights of third parties. The copyright for published objects created by doozzoo itself remains solely with doozzoo. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the doozzoo’s agreement.
(4) doozzoo provides links to other websites which may contain additional information. Such links as well as their contents and accessibility to linked websites are not subject to the control of doozzoo, so that no responsibility and liability is assumed for them. The inclusion of a link on the doozzoo websites is therefore not necessarily to be seen as a recommendation or approval of the content expressed therein. Furthermore, doozzoo does not assume any guarantee or liability for the transmission of information, data, software, e-mails and other messages and the quality, suitability or completeness of the content provided on doozzoo as well as for consequences resulting from the use of doozzoo. The risk in connection with the use of doozzoo and the respective services and offers remains with the user at all times.
(5) The doozzoo services are continuously updated. There is no entitlement to the maintenance of individual functionalities of doozzoo or to the maintenance of the doozzoo services as such and the operator assumes no responsibility or liability if doozzoo (e.g. for technical reasons) should temporarily not be accessible. doozzoo is entitled at any time to change or remove individual services and functionalities of doozzoo with or without giving reasons and to make new services and functionalities available or to discontinue doozzoo altogether. The legitimate interests of the users will be taken into account and far-reaching changes will be announced in advance.
(6) Furthermore, doozzoo assumes no responsibility for advertising by third parties on the doozzoo websites or in connection with doozzoo services, nor any responsibility for offers contained in such advertising.
(7) All claims against doozzoo due to incorrect or incomplete information, contents or services are generally excluded, unless otherwise required by law. This applies to all types of damage (e.g. due to errors, delays, interruptions in transmission, technical malfunctions, incorrect content, loss of data, viruses, etc.). These limitations of liability also apply to the liability of legal representatives and vicarious agents of doozzoo. This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. Otherwise the liability of doozzoo is expressly excluded.

§ 9 Damages / waiver
(1) By using doozzoo, the user undertakes to indemnify doozzoo as well as affiliated companies and partners acting on behalf of doozzoo, as well as their chairmen, representatives, partners and employees, against all possible losses, damage and compensation claims of any kind, whether known or unknown, expected or unexpected, obvious or not obvious, including all reasonable lawyer’s fees, caused by a violation of these GTC by the user.
(2) In particular, the user guarantees to indemnify and hold doozzoo and its affiliated companies and partners acting on behalf of doozzoo, as well as their chairmen, representatives, partners and employees, harmless from any losses and damages, obligations and costs, as well as liability claims or other claims asserted by third parties due to or as a result of the user’s culpable use of doozzoo in breach of the contract and/or his culpable breach of these terms and conditions and/or his culpable breach of his declarations set out in these terms and conditions, and to indemnify them if necessary. This also applies if doozzoo is held liable for contents of third parties which users publish on doozzoo websites.
(3) The user agrees that doozzoo is not responsible or liable for any consequences in connection with the use of doozzoo. The user hereby irrevocably waives his right to assert claims against doozzoo and affiliated companies and partners acting on behalf of doozzoo as well as their chairmen, representatives, partners and employees in connection with content on doozzoo, in particular with regard to copyright and trademark rights or other industrial property rights, personal rights infringements, competition rights or breaches of confidentiality obligations.

§ 10 Applicable law / place of jurisdiction
(1) The user expressly agrees to these GTC. If a right or a regulation according to these GTC is not asserted, this does not constitute a waiver of a right or the application of that regulation. These General Terms and Conditions shall apply to the extent permitted by law.
(2) In the event of disputes in connection with the use of doozzoo, the legal dispute shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of conflict of laws and the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law and special funds under public law, the place of jurisdiction in the event of a legal dispute between the user and doozzoo in connection with these GTC, the data protection conditions and the doozzoo websites is Düsseldorf, as far as legally permissible.
§ 11 Final provisions/ Place of jurisdiction
These GTC cover the entire agreement between doozzoo and the user with regard to the use of doozzoo and its services and replace all previous agreements between doozzoo and the user. If any provision of these GTC is unlawful, void or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. The use of doozzoo is prohibited in countries where parts of these Terms are invalid under local law, without this resulting in the total or partial invalidity of these Terms. The current version of these GTC are available on the website and can be accessed, printed, downloaded and/or saved at any time by clicking on the link GTC.

Status: April 2020

 

English