These general terms and conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, HelloGenius GmbH (hereinafter referred to as "HelloGenius"), Tempelhofer Ufer 17, 10963 Berlin, Germany, e-mail: contact@hello-genius.com, and you as our customer via our website www.hello-genius.com and/or our mobile and/or desktop applications.
1.1. Divergent, contradictory or supplementary general terms and conditions of yours shall become part of the contact only if expressly accepted in writing by us. Our mere knowledge of your general terms and conditions shall not make them part of the contract.
1.2. The most current version of the GTC valid when the contract is concluded shall apply. You can access the GTC as occasionally amended on the HelloGenius website under (www.hello-genius.com/terms) and on our mobile applications, at any time.
1.3. Our contact details are:
HelloGenius GmbH
Tempelhofer Ufer 17
10963 Berlin
Germany
E-mail: contact@hello-genius.com
Authorized representative (managing director): Till Janczukowicz (business address: see above)
Commercial register B of the local court Charlottenburg, HRB 261553 B
2.1. We offer you services relating to enjoying interactive and non-interactive online course. Our services enable you to participate and/or watch such courses by way of streaming via the Internet to your device ("HG Services"). We offer the HG Services via our website(s), mobile and desktop applications ("HG Applications").
2.2. When creating a HelloGenius account you will be informed about the different HG Services which are available. You will also find a description of the HG Services on our website.
2.3. Through the HG Services you may be able to access interactive and/or on-demand audiovisual and/or audio offers (HG Offers). You may be able to access these HG Offers subject to you paying an individual fee and/or applying for the possibility to acquire access for each of these offers individually. Details on HG Offers such as content, availability, individual pricing as well as the possibility to purchase access can be found in the description of the respective HG Offer.
2.4. As part of the HG Offers we are granting you the limited, non-exclusive and revocable permission to use the HG Offers which are accessible on the HG Services, for personal and non-commercial purposes only. You are not allowed to distribute or assign the HG Services and HG Offers and/or any contents provided therein to any third party. You will not receive any physical copies or reproductions of the contents and/or other offers accessible on the HG Offers. You do not acquire the right to download the HG Offers and/or any contents therein or to access them for an unlimited period of time unless specified otherwise in the respective HG Offer. HG and its licensors remain the sole owners of the HG Services and HG Offers, all copies of the HG Applications stored on your devices and all contents, which can be accessed through the HG Applications and HG Services, at all times.
2.5. We undertake reasonable efforts to keep our services ready for use. Technical problems, however, may occur occasionally, which may lead to a temporary interruption of our service. Irrespective of that, the availability of content may depend on the country in which you are accessing our services. Some of the content offered on the HG Applications may not be available in certain countries. You agree and accept that we are not granting you the right to and are not liable to offer the HG Services without interruption (e.g. due to technical reasons) and that we are not granting you the right to make use of and are not liable to offer you any specific content as part of the HG Offers.
2.6. The HG Offers may also include physical items which will be sent to you by mail subject to you providing your valid mailing address. Details on such item and the shipping can be found in the description of the respective HG Offer.
2.7. You may use the HG Services and the HG Offers only if you act as a consumer.
2.8. You may use the HG Services and the HG Offers only, if (i) you are of legal age in your jurisdiction (i.e. 18 years or older in most countries), or you are at least 12 years old and have the permission to use the HG Services and enter into contracts with us from your legal guardians (i.e. your parents in most cases), (ii) you are entitled to enter into legally binding contracts with us and (iii) are not prevented by applicable laws from entering into such contracts and (iv) you are a resident in a country in which the HG Services are offered. You confirm that the data provided by you creating an HG account and engaging the HG Services are truthful, correct and complete and that you will keep such data correct and up to date at any time.
2.9. We may limit your use of the HG Services and HG Offers to a maximum of six devices (e.g. three computers and three mobile devices). We may also limit your use of the HG Services and HG Offers so that you will be able to use only one device for playback at the same time.
3.1. The presentation and promotion of services in our websites, desktop and mobile applications does not constitute a binding offer for the conclusion of a contract.
3.2. In order to access the HG Services and/or HG Offers, you may first have to create an HG account. If so, after clicking on the button "Create Account" you will be asked to enter personal information such as your name and your e-mail address. You may then identify and correct input errors, if any, prior to making your final binding offer. By clicking on the button "Create Account" after you have entered your information, you submit a legally binding offer.
3.3. After having created an HG account you will have the option to purchase HG Offers. You will find further information about the individual HG Offers in the description of each HG Offer on the HG Applications. In order to purchase such HG Offers you will be asked to choose your payment method and enter your payment details. By clicking on the button to confirm after you have entered your information you submit a legally binding offer to Hello Genius.
3.4. A contract for the provision of HG Offers is not yet concluded by creating an HG account and by the submission of your purchase order. We reserve the right to not accept the sign up, in particular, if the registration information you have provided seems inconsistent. The contract between us shall not be concluded until we grant you access to the HG Offers you have sent your purchase order for.
3.5. The contract will be concluded in English language.
3.6. The contract terms will be stored by us after conclusion of the contract but are no longer accessible to you.
4.1. Modifications to these GTC may become necessary, for example when we implement new technologies, introduce new services and/or the legal framework or its interpretation changes.
From time to time, we may make editorial modifications to these GTC, which do not have an impact on your contractual relationship with HelloGenius. Such editorial modifications may include corrections of typing errors or updates of contact details which form part of the agreement.
4.2. In the case that we make modifications to these GTC, which would affect your contractual relationship with HelloGenius, we will inform you explicitly of the modifications through a conspicuous notification within the HG Services or by sending an email or other communication in text form to the contact details you have provided. Such notification will contain a reference to your right to object to the modifications, as well as a reference to the consequences of your objection. Please read such notifications carefully.
In case you do not wish to continue using our services under the new GTC, you can terminate the agreement by sending us a message in text form (e.g. via e-mail: contact@hello-genius.com or letter). We will set a reasonable period of time during which you may object to the changes and will inform you about the consequences of such objection.
If we do not hear from you within such time, your consent to the changes will be deemed given. We will inform you of the above described consequences of you not responding to our proposal within such communication.
5.1. The software we provide to you (including the HG Applications) is licensed to you on the basis of a limited, non-exclusive, revocable license.
5.2. The content provided to you through the HG Services and HG Applications, including but not limited to the HG Offers, may be or include copyrighted works and we grant you a limited, non-exclusive, revocable license to reproduce the content only by using the HG Services and HG Applications for your personal, non-commercial use.
5.3 You are not entitled to copy, transfer, rip, record or to make any other physical or non-physical use of the software and the content provided by us in any manner unless explicitly permitted herein. You are not entitled to forward your password to any third party or to allow any third party to use your account and password. Furthermore, you are not entitled to circumvent any geographical limitation implemented by us.
5.4 All software and content provided to you as well as all trademarks, logos and names remain in our sole property and the property of our licensors at any time, including any copies which may have been installed on any of your devices.
Our services may be integrated into third party websites, applications and services. Such third parties may impose their own terms and conditions and privacy policy. You accept and confirm that we are not liable for any conduct, service or content of any third party in connection with the use of their websites, applications or services.
7.1. When using the HG Services, HG Applications and HG Offers, you may have the possibility to provide content to us, including pictures, photographs, text and/or other works that may or may not be subject to copyrights ("User Generated Content"). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to all User Generated Content you provide to the HG Services, HG Applications and/or HG Offers, allowing us to reproduce, distribute, recite, perform, present, make available publicly and/or broadcast the User Generated Content. This license terminates when your HG account is deleted. However, if you have shared User Generated Content with others, e.g. by way of participating in interactive HG Offers, or if you have made it publicly available through the HG Services, the HG Applications and/or HG Offers the license is valid for an indefinite period of time.
7.2. We may remove User Generated Content from the HG Services, the HG Applications and HG Offers or block access to it if it violates any applicable law or third party rights or is not suitable for minors in the course of modifying and improving the HG Services, the HG Applications and HG Offers in our reasonable discretion. You will indemnify and hold us harmless from any third party claim arising from a breach of any representation, warranty, covenant or obligation hereunder, including any legal costs in connection with your User Generated Content. This does not apply in case of your inadvertent infringement.
7.3. You hereby grant, warrant and represent that you hold all rights in such User Generated Content which are necessary for the grant of rights under this agreement, that no obligations towards any other party prevent you from concluding and fulfilling this agreement and that the User Generated Content does not infringe any third party rights or any applicable law.
7.4. We are not obligated to monitor User Generated Content for infringements of third party rights and we do not endorse any opinion included in User Generated Content. If you believe that User Generated Content infringes your rights, the rights of a third party or applicable law, please contact us via any of the contact methods listed in clause 1.3 above. We will investigate any complaint without undue delay.
8.1. Agreements regarding HG Offers terminate with the end of the availability of the respective HG Offer as specified in the description thereof.
8.2. Each party reserves the right to terminate an agreement closed pursuant to these General Terms & Conditions with immediate effect for good cause. We reserve the right to terminate or disable an agreement closed pursuant to these General Terms & Conditions with immediate effect for legitimate reasons respecting your legitimate interests at any time, including in cases of unauthorised use of the HG Software and/or the HG Services and/or HG Offers or in the case of non-compliance with this agreement. For cases in which you or HelloGenius terminate these General Terms & Conditions or in case we block your access to HG Services, the HG Applications and/or HG Offers you declare your consent that Hello Genius's liability shall be limited to such liability as specified in section 11.
8.3. Each notice of termination pursuant to 8.2 must be sent in text form (e.g. via e-mail, fax or letter).
8.4. We reserve the right to block your access to HG Services, HG Applications and HG Offers if we have reason to believe that you have severely breached this agreement and only for a reasonable period of time necessary to investigate such alleged breach.
Right of Withdrawal
If you are a consumer, you shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so.
The deadline for withdrawal shall be fourteen (14) days from the date on which this contract has been concluded.
In order to exercise the statutory right of withdrawal, you must notify us (HelloGenius GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany, e-mail: contact@hello-genius.com) of your decision to withdraw from this contract in a clear declaration (e.g. by sending us a letter by mail, fax or e-mail). You may use the withdrawal form template attached for this purpose; however, this is not obligatory. The withdrawal deadline shall be deemed to be met if you send the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse any payments we have received from you, including delivery costs (excluding any additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund.
In the case of a contract, the subject matter of which is the delivery of digital contents other than on a physical carrier, you may lose your right to withdrawal if:
The performance of the contract has begun with your express consent prior to the end of the withdrawal period, and Your acknowledgment that you thereby lose your right of withdrawal.
To make use of your right of withdrawal you may use the following, non-obligatory withdrawal form template:
Withdrawal Form Template
(If you wish to withdraw from the contract complete and return this form) To HelloGenius GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany – I/We(*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only when sent by message on paper) Date (*) Delete as applicable End of revocation instruction
In the event of any defects of quality or title, you are entitled to all rights pursuant to the provisions of statutory law, save that the limitation of liability below remains unaffected.
11.1. Our liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
(i) We shall be liable up to the amount of the foreseeable damages typical for the respective type of contract due to a breach of material contractual obligations; (ii) We shall not be liable due to a slightly negligent breach of any other duty of care applicable.
11.2. The preceding limitations of liability shall not apply for losses arising from death, injury to body and health, for damages after the acceptance of a guarantee for the condition of a product and for defects intentionally misrepresented by silence. The liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. To the extent that the liability of HelloGenius is excluded or limited, this also applies to the personal liability of employees, representatives, assistants and other auxiliary persons.
11.3. Clauses 13.1. and 13.2. shall apply accordingly to our liability for futile expenses.
We comply with our privacy policy that you can access at any time on www.hello-genius.com/privacy.
Furthermore, we comply with our cookie policy that is available on www.hello-genius.com/privacy.
If you have any questions, comments or complaints, as well as other notifications regarding your order or subscription, please send them to us by letter or e-mail using the contact details specified above in clause 1.3.
You may send any notice in connection with this agreement to the contact details set out in clause 1.3 above. We will send any notice in connection with this agreement to one of the contact details you provided in your user profile. You are obligated to update your user profile, in particular your email address, whenever any of your contact details have changed.
15.1 With the exception of all explicit agreements in writing between you and us, these GTC set forth the entire terms and conditions between you and us with respect to the subject matter hereof, merge all prior discussions between you and us and supersede all existing agreements among them concerning the subject matter of the agreement.
15.2 In the event any portion of the agreement may be determined by any governmental body or court of competent jurisdiction to be unenforceable, the balance of the agreement shall be severed therefrom and remains in full force and effect unless a failure of consideration would thereby result.
German law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or special assets (Sondervermoegen) under public law, exclusive place of jurisdiction for any and all disputes arising from or in connection with this agreement shall be Charlottenburg, Berlin, Germany. This shall also apply if you do not have a general place of jurisdiction in Germany or if you relocate your place of residence or habitual place of abode to a location outside Germany or in case your place of residence or habitual place of abode is not known at the time the proceedings are brought in the courts. Arbitration proceedings shall be excluded.
Version: November 25, 2024