General terms and conditions for the heytimi online tutoring platform
1.1 The following General Terms and Conditions ("GTC") apply to all contracts concerning the participation in online tutoring between heytimi GmbH ("Provider"), Auenstraße 28, 80469 Munich, Germany, and the person seeking tutoring ("Client"), as well as supplementary to the use of the Provider's online platform at https://www.heytimi.de ("Website"), the Provider's online communication platform at http://app.heytimi.com ("User Area") as well as the Provider's online room for the implementation of the respective tutoring at https://www.classroom.heytimi.com ("Digital Classroom").
1.2 Deviating general terms and conditions of the customer are not recognized, unless the supplier expressly agrees to their validity in writing.
1.3 By registering for online tutoring, the customer accepts these GTC. With the acceptance of the GTC, the customer also acknowledges that the participation in the online tutoring takes place at his own request, at his own risk and without liability by the provider. The customer is fully responsible for himself and his actions inside and outside the online tutoring. Furthermore, by accepting the terms and conditions, the customer confirms to the provider his normal mental and physical resilience (parents confirm this for their children) as well as his knowledge that the success of participation in an online tutoring session also depends on the participant's own commitment.
1.4 The Customer acknowledges that the Provider's online tutoring is not distance learning within the meaning of the Distance Learning Protection Act (FernUSG), since, unlike a distance learning course, there is neither an issue of distance learning material nor systematic monitoring of learning success measured against a specific course objective.
2.1 The Provider concludes service contracts concerning the participation in online tutoring exclusively with persons of legal age. Parents who conclude a service contract for online tutoring on behalf of their children ("Beneficiary") acknowledge the information listed here under section 1.3 of these GTC and confirm this without restriction for their child.
2.2 The offer on the website does not constitute a binding offer by the provider to conclude a contract. The customer is merely requested by the presentation to make an offer by placing an order. The submission of an offer to conclude a contract, which necessarily requires the creation of a customer account, takes place when the customer clicks on the button "Order with costs" in the online ordering process. The provider confirms receipt of the customer's order by sending an e-mail. This confirmation does not represent the acceptance of the offer by the provider. It merely informs about the receipt of the order. The declaration of acceptance takes place through an explicit declaration of acceptance or through the commencement of the service, for example through an e-mail from the provider containing a link to the online tutoring. Through this acceptance, the contract between the customer and the provider is concluded. The online registration of the customer and the declaration of acceptance by the provider are also valid without signature.
2.3 The provider is entitled to reject any online registration without giving reasons.
2.4 Provided that both parties agree, a third party may also make use of the service in accordance with the contract in addition to the beneficiary registered for tutoring. A claim to this does not exist. The provider does not assume any liability for a possible misuse of the online tutoring service by unauthorized third parties. It is rather the responsibility of the customer to protect himself adequately against the misuse of his access data by unauthorized persons.
2.5 The Provider is entitled to have the contractually incumbent obligations carried out by freelancers and expert third parties.
3.1 The Provider offers online private tutoring in common school subjects. Tutoring is organized and conducted by the Provider in the digital classroom. All tutoring services take place online; face-to-face tutoring does not take place.
3.2 The services provided by the Provider are those of a service contract within the meaning of § 611 BGB. The offer does not include services in the medical or naturopathic sense, but at most those for the development of the personality and for educational or professional orientation. For the success of the seminar, for the correctness of the selection of subjects, as well as possible recommendations, the provider assumes no liability.
3.3 In principle, there is no entitlement to a specific teacher and/or appointment. The provider is entitled, but not obliged, to forward customer requests for online tutoring to the respective teacher. The teacher is entitled, but not obliged, to respond to requests for online tutoring. If the teacher decides to comply with the request, he/she will offer the customer an appointment, which the customer must confirm. Teachers are not subject to instructions from the provider and act on their own responsibility and autonomy when holding online tutoring sessions. If a teacher has agreed upon an appointment with a customer, he is obligated to fulfill this appointment, whereby he must independently ensure that the online appointment is held on time. A withdrawal from his obligation to perform is only possible due to a mandatory legal right of withdrawal or with the consent of the customer.
3.4 The Provider enables the booking of private lessons in packages on the Website, which are to be consumed by the Customer within a certain period of time. The currently available packages are announced on the website. The prices for the different packages may vary depending on the number of booked tutoring hours ("time credit") as well as the time period foreseen for the consumption of the units ("usage period"). The Provider reserves the right to change the prices at any time. Such changes will only apply to packages purchased after such change. Fees are charged per hour or part thereof. A tutoring session lasts 45 minutes. The time for dial-up and setting up the technology on both sides is part of the lesson time.
3.5 Holidays have no influence on the usage period, precisely because according to the overall concept, the client/beneficiary should also be offered a tutoring opportunity during holidays and the client/beneficiary should always be able to make flexible use of the tutoring hours. By concluding the contract, the customer confirms that the price of a single lesson is only of secondary importance to him/her in view of the aforementioned overall concept, the flexibility granted and the manageability/plannability of the usage period.
3.6 Time credits that are not redeemed by the end of the respective usage period expire and can no longer be redeemed for online lessons.
3.7 The customer can book one or more new packages at any time and thus increase his time credit. However, the usage period pursuant to section 3.4 of these GTC runs separately for each booking. This means that even in the event of an additional booking of time credits for the earlier booking, the usage period that applied at the time of this booking remains relevant, while a new, separate usage period begins to run for the later booking.
4.1 The contract shall commence on the date defined in clause 2 of these GTC.
4.2 The contract does not have a fixed term and may be terminated by notice in accordance with section 5 of these GTC.
5.1 The contract may be terminated by either party by no later than the third working day of a month with effect from the end of the same month without giving reasons.
5.2 Termination by the Provider shall only become effective if the Customer no longer has any time credit or if any existing time credit has been paid out after a reasonable period of time. Payment by the 15th of the month following termination is deemed to be reasonable.
5.3 If, in the event of termination by the Customer, there is still a time credit at the time the termination takes effect, the Provider shall repay an amount corresponding to this time credit.
5.4 The repayment amount shall be reduced by the amount corresponding to the price difference between the time credit paid and the hours used in the case of Sections 5.2 Alt. 2 and 5.3 of these GTC, the repayment amount shall be reduced by the amount corresponding to the price difference between the paid time credit and the hours used. In order to maintain contractual equivalence and taking into account the price reductions granted in the case of bookings of larger packages, the customer must allow himself to be charged for each hour used the hourly price that would have been payable taking into account the total number of hours used by him if the customer had limited himself to this number of hours from the outset; this means that any discounts granted must be refunded.
5.5 The claim for repayment of a paid time credit exists for a maximum of 365 calendar days after the use of the last online tutoring unit. After that, the claim for repayment expires.
5.6 Sections 5.2 to 5.5 of these GTC shall apply accordingly in the event of extraordinary termination.
6.1 The current prices are announced on the website. The provider reserves the right to change the prices at any time.
6.2 The payment of credit for online tutoring takes place in advance (clause 6.3 of these GTC), but can also be made in monthly installments via the selected payment provider (clause 6.4 of these GTC).
6.3 The fee services for private tuition are due upon booking the online private tuition and are to be paid in advance by credit card (VISA/MasterCard), Maestro, Apple Pay, Google Pay or SEPA direct debit. Payments are to be made to the account notified to the customer upon conclusion of the contract, stating the customer and contract number.
6.4 In the event of monthly billing, the total amount of the respective package shall be divided into several monthly payments currently shown on the Website, each of which shall be debited or payable in advance no later than on the 3rd working day of a month.
6.5 As the Provider is not obliged to make any advance payment, the Provider shall technically ensure that use of the online tutoring services is only made possible after the payment due in each case.
6.6 The costs arising from any return debit notes shall be borne by the customer. The customer reserves the right to prove a lesser damage or no damage at all.
7.1 The Provider offers free trial lessons. A maximum of one trial lesson is possible per customer. The aim is that the customer respectively the beneficiary can get an idea whether the participation in the online tutoring will be successful according to the learning concept to be applied and/or with the intended teaching staff. The parties agree that a waiver of a trial lesson is to be evaluated in such a way that the customer can and does measure the prospects of success of the online tutoring itself and at its own risk.
The "14-day free trial" offer includes a free trial lesson as well as the use of the platform for 14 days, during which a further lesson can be unlocked by our customer support on request if technical problems occurred during the first trial lesson.
7.2 Trial lessons must be cancelled at least 24 hours in advance in the event of non-participation. In case of unexcused absence from the trial lesson, we will charge € 20.00 for expenses incurred.
7.3 Should the customer conclude a contract after the trial lesson has been held, only this conclusion of the contract shall be deemed to be the beginning of the contract relevant to these GTC.
8.1 The client/beneficiary must log in punctually to the agreed appointment at the invitation of the teacher and must appear punctually in the Digital Classroom. If he/she fails to do so - i.e. does not appear in the Digital Classroom within 15 minutes of the start of the agreed tutoring session - the Provider is not obliged to provide substitute lessons or to inform the Client/guardian. There is no reduction or refund of fees. However, each teacher is free to make their own arrangements with a client - at their own risk - for a free rebooking.
8.2 Absences are to be communicated by the customer at least 24 hours in advance. This agreement not only serves organisational purposes of the Provider, but at the same time establishes contractual obligations on both sides. Thus, if the customer does not cancel the appointment in time, the remuneration can be charged to the customer with deduction of the saved expenses according to §§ 611, 615 BGB. Exceptions to this (for example in the case of illness) are possible as a gesture of goodwill on the part of the provider and the teacher, without there being any entitlement to this.
8.3 For lessons cancelled by the Provider, an alternative date will be offered. The replacement date will take place at a time to be determined together with the customer. The customer has no further claims with regard to the lessons postponed or cancelled by the provider, in particular the customer waives any claims for damages that could arise from postponements or cancellations.
9.1 The Provider processes personal data in compliance with the applicable data protection provisions. The data processing is carried out in accordance with Article 6 (1) a) - f) DSGVO, for example on the basis of consent, for the performance of the contract and to protect the legitimate interests of the provider or third parties.
9.2 The provider may inform about new course offers by telephone, post and e-mail. The address data will not be passed on to third parties. If this information is unwanted, an informal message is sufficient to unsubscribe.
9.3 If the customer has provided an e-mail address, the provider is entitled to handle all communication regarding changes to the contract and lessons and invoices by e-mail.
10.1 With regard to the purchase of online tutoring, there is a right of withdrawal and return for consumers in accordance with the statutory provisions, about which the provider informs in accordance with the statutory model below.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must,
heytimi GmbH, Auenstraße 28 80469 Munich, phone number: +49 (0) 800-0009551, e-mail: email@example.com
by means of a clear declaration (for example, a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
Cancellation policy and sample cancellation form as download form (pdf.)
10.2 Essential characteristics of the goods or services offered as well as the period of validity of limited offers can be found by the customer in the individual product descriptions.
10.3 The language available for the conclusion of the contract is exclusively German.
10.4 The statutory liability for defects shall apply.
10.5 Information on out-of-court online dispute resolution (so-called OS platform): The online platform of the EU Commission, which serves as a contact point for the out-of-court online resolution of disputes concerning obligations arising from contracts concluded online, can be accessed at the following link: http:ec.europa.eu/consumers/odr. Our e-mail address is: firstname.lastname@example.org.
10.6 Notice according to § 36 Consumer Dispute Settlement Act (VSBG): We are not legally obligated and also not willing to participate in a dispute settlement procedure before a consumer arbitration board.
11.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider of its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract, whose breach would jeopardise the achievement of the purpose of the contract, and on whose compliance the customer may therefore regularly rely.
11.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
11.3 The restrictions under sections 11.1 and 11.2 of these GTC shall also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
11.4 The provisions of the Product Liability Act shall remain unaffected.
11.5 The provider assumes no liability for the fulfilment of contractual and other obligations of the teachers towards the customer. In particular, the Provider shall not be liable for the availability of the Teachers or for any damages to the Customer arising in connection with the performance of an appointment. With regard to reimbursement for unused credit, a customer shall proceed in accordance with sections 5.3 to 5.6 of these GTC. Any claims beyond this are to be asserted directly against the respective teacher.
12.1 The customer has to create the technical requirements himself and at his own expense to be able to use the agreed services of the provider. The detailed requirements for this can be found on the website of the provider.
12.2 Among other things, the use of software applications freely available on the Internet is required. The customer must download and install these software applications himself and at his own expense. Contractual relationships entered into in this way shall be exclusively between the customer and the provider of the free software. The provider of the software does not act on behalf of the provider here and is also not a vicarious agent of the same.
12.3 The Provider reserves the right to further develop or change the software used. The Customer shall be informed of changes in advance and shall be obliged to take appropriate measures to adapt within one month at its own expense. In this case, the customer also has the right to terminate the contract within one month after receipt of the corresponding announcement by the provider.
12.4 The Provider recommends that you take the necessary security precautions yourself and always use up-to-date virus protection.
13.1 All concepts, methods, exercises and techniques of the Provider's online tutoring offer are protected by copyright, both verbally and in writing. It is not permitted to make them available to third parties, either for a fee or free of charge.
13.2 The production or publication of audio or visual recordings of the online tutoring is prohibited.
13.3 The Customer warrants that it has all necessary consents, rights and authority to the extent that it uploads or otherwise makes available online any material on the Provider's Website, User Area and Digital Classroom. Material protected by copyright, trade secret or other proprietary rights of third parties, including private and public rights, shall not be used by the Customer to that extent. The Customer undertakes to ensure the same with regard to the beneficiary of the same. Clause 13.3, sentences 1 and 2 of these GTC apply accordingly to the teacher.
14.1 German law applies to all legal relationships between the customer and the supplier to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 Place of performance and place of jurisdiction is - as far as agreed - Munich.
14.3 The provider reserves the right to make changes to the website, rules, conditions, including these GTC at any time.
14.4 Should any provision of these GTC or any provision within the scope of other agreements be invalid, this shall not affect the validity of all other provisions or agreements or the contractual relationship between the parties in other respects. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.
Status: January 2021