Healy Academy General Terms of Use
Preamble:
The following General Terms and Conditions for the training platform “academy.healy.world”, of Healy World GmbH, (hereinafter referred to as “Healy World” or “Provider”), form the basis for the use of the Internet platform and the services provided via it, insofar as these require registration. The following guidelines serve not only to protect us but also you (hereinafter referred to as “you” or “user”) and are an important basis for the safe and secure use of our services. Therefore, please understand that the use of our services is only possible on the basis of the following conditions.
1) Scope and conclusion of contract
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all Healy World Internet services requiring registration, which are accessible via the URL “academy.healy.world”. By registering with Healy World Academy, you agree to these terms and conditions. Once you have given your consent and completed the registration process, a legally binding contract is formed between you and Healy World based on these Terms. Healy World delivers its Digital Content (hereinafter referred to as the “Service”) solely on the basis of these Terms.
1.2 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, that is created in digital form and that is made available by the Provider with the granting of certain rights of use that are regulated in more detail in these GTC.
1.3 The version of the GTC valid at the time of the conclusion of the contract shall apply in each case. You will be informed of these during the registration process.
1.4 The customer concludes this contract as a consumer or entrepreneur. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Services of the Provider
2.1 The Provider makes training and teaching materials available in digital form via its website. The digital content provided results from the respective service description on the website of the Provider.
2.2 If the Provider delivers digital content, the delivery shall be made exclusively by providing an online video stream. For proper playback of the stream, the User’s system must meet certain minimum requirements, which are communicated to him on the Provider’s website. The user is responsible for ensuring compliance with the system requirements. The Provider shall not be liable for technical problems caused by insufficient system requirements on the part of the User.
2.3 If the Provider conducts online live training, it shall provide its services exclusively in electronic form by online video conference using suitable technical means. For this purpose, the Provider shall provide the User with suitable application software before the start of a video conference. In order to be able to participate properly in the online live training, the user’s system must meet certain minimum requirements, which are communicated to the user on the provider’s website. The user is responsible for ensuring compliance with the system requirements and the provider is not liable for technical problems caused by insufficient system requirements on the part of the user.
2.4 The provider renders his services with the greatest possible care and to the best of his knowledge and belief. However, it does not owe any particular success. In particular, the Provider does not guarantee that the User will achieve a specific learning or business success or reach a specific performance target. This depends exclusively on the personal commitment and dedication of the user, over which the provider has no influence.
3) Access to the Academy and user obligations
3.1 Access to the Academy is generally password-protected by means of remote transmission using the data selected by the user (user name and password). Access is only valid for one user. The access data and passwords must be kept secret in order to prevent unauthorised use of the content by third parties. In the event of misuse, the provider is entitled to block access. The user is liable for any misuse for which he is responsible.
Misuse shall be deemed to exist in particular in the following cases:
– Any use that goes beyond personal contractual purposes, in particular use that would require the granting, transfer or exercise of rights under copyright law;
– commercial use of the services provided by Healy World without Healy World’s prior consent to such commercial use.
– Actions that impair or damage the functionality of the Academy’s services (e.g. use of “robot”, “spider” or “offline reader” software to automatically generate user requests over the Internet; email bombing; denial of service attacks; inclusion of harmful components such as viruses, worms, Trojan horses etc;).
– Modification or distribution of areas of the Offer, including areas of other users, which have not been expressly made available to the user for this purpose.
3.2 The technical requirements and the associated costs for access to the Academy are the responsibility of the user. These include suitable hardware and software or a suitable operating system. a stable internet connection with sufficient bandwidth as well as up-to-date browser software and consent to the cookies transmitted by the provider’s server.
4) Single Sign-On Services
4.1 Healy World uses a single sign-on authentication method. This allows users of Healy World services to securely authenticate to the services and applications and only need to enter their credentials once. There is no need to create a separate account with each application.
4.2 The data and payment information provided during registration on the Healy World website is automatically and securely transferred into the system via an interface.
5) Fees and terms of payment
5.1 The contents and teaching materials of the Academy are made available to the user free of charge. Any offers subject to a charge will always be marked as such.
5.2 Paid content is only activated after payment. By using paid educational content, you enter into a contract with Healy World, as the provider of the offer. All payment transactions are processed via Healy World or third-party providers with whom Healy World cooperates to process payment transactions (Paypal).
5.3 For payments on www.academy.healy.world, the payment methods direct debit, Paypal, and credit card are offered.
6) Confirmation of participation and certificate of participation
6.1 Upon completion of individual learning content (e.g. watching a video in full), users will receive a certificate of completion for that learning content.
6.2 In order to record progress when watching a video, Healy Academy uses a cookie-based authentication system to recognise users on the website and to record the user’s progress and current play position, as well as to improve the user experience. By using the Academy’s services, you agree to the Privacy Policy.
7) Academy content and copyright
7.1 Healy World is the sole owner of all rights of use required for the provision of services. This applies in particular to the training and teaching materials made available to the user.
7.2 Any additional accompanying teaching materials for the Academy are made available to the user exclusively in digital form, as a download or by e-mail. There is no entitlement to transfer in physical form.
7.3 The contents of the Academy may only be used to the extent required for the purpose intended by the parties. The course materials and content provided by Healy World or parts thereof may not be copied, reproduced or otherwise passed on to third parties or published.
8) Availability of the online offer
Healy World is entitled to restrict the services and/or the availability of the Academy’s online offer within the scope of maintenance work. The provider does not guarantee the uninterrupted availability of the online offer.
9) Modification of the contents of the Academy
Healy World is expressly entitled to change, supplement or delete contents of the Academy or the entire offer without special notice or to temporarily or permanently discontinue the provision. The affected customers will be informed about the final discontinuation of content by e-mail with a notice period of 4 weeks in advance.
10) Video Hosting Service Provider: Vimeo
10.1 Healy Academy uses services from “Vimeo”, a video platform operated by Vimeo LCC, 555 West 18th Street, New York, New York 10011, USA. Individual videos from the platform are embedded as so-called iFrame on the Academy website so that they can be played directly on our website. If a sub-page of the Academy website is visited on which a video is embedded, a connection is established to the Vimeo servers and the video is displayed within the Academy website. In the process, the website you have visited is transmitted to Vimeo. Your IP address may also be transmitted to Vimeo. If you play an embedded video, this information is also passed on to Vimeo. If you are logged in as a Vimeo user, Vimeo assigns this data to your user account. For more information on Vimeo’s data protection, please visit http://vimeo.com/privacy.
10.2 The processing is carried out in order to be able to show you videos on our website.
10.3 The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6(1)(f) DSGVO). Our legitimate interest lies in the purpose named in section 14.2.
10.4 Vimeo also processes data in the USA.
11) Video Hosting Service Provider: YouTube
Healy Academy nutzt Dienste der Plattform “YouTube” des Anbieters Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Datenschutzerklärung: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
12) Contact person and communication
For all questions, suggestions and problems relating to the use of the Academy and as the addressee for all declarations relating to your contract, please contact Customer Care at https://help.healy.world/de/customer-login/.
13) Right of withdrawal for digital content
As a consumer, you are generally entitled to a statutory right of withdrawal when purchasing or subscribing to digital content. However, when purchasing or subscribing to digital content, you agree that the digital content will be made available to you immediately and confirm that you consequently waive your statutory right of withdrawal.
14) Governing Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods. For users who are not consumers or who do not have a proper place of jurisdiction in Germany, the place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be the registered office of HEALY.
15) Severability clause
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.