Terms of Service
Terms and conditions as of 28.10.2017
Published on www.bestlearn.de (https://www.bestlearn.de)
General Terms and Conditions (AGB) for bestlearn GmbH
The following terms and conditions define the conditions under which the memo learning
game is used, which is operated by bestlearn GmbH, Quirinstraße 10, 40545 Düsseldorf,
hereinafter referred to as "bestlearn".
These General Terms and Conditions apply exclusively. Deviating business conditions of the
customer are not accepted.
1. Description of the scope of services
bestlearn operates a learning and concentration game on the Internet and offers the customer
free and paid services.
a. All customers can register free of charge and play a limited number of games.
b. For free version registered customers also have the option to opt for a paid version of the
game. A binding of the customer arises only when the customer confirms the order of the paid
offer and thus accompanying payment obligations, which are received by PayPal or credit
c. bestlearn is entitled to commission third service providers and fulfillment auxiliaries with
the provision of parts or the entire performance spectrum. This is not a disadvantage for the
2. Access / conclusion of contract
a. Access to the use of the bestlearn offer requires registration. To log in, the customer
requires a valid e-mail address as well as a self-selected password. The customer must also
specify his name. Alternatively, these details can be implemented by the "One-Click
Registration" button of a Facebook profile or Google+.
b. The condition for registration is that the customer is of age.
c. The registration first creates a contractual relationship to the free membership between
bestlearn and the registered customer. This is governed by the provisions of these General
Terms and Conditions.
d. After registration, the customer receives a notification by e-mail confirming the purchase of
the web app.
e. The contract data will be sent to the customer with the confirmation mail. The contract data
are stored in parallel at bestlearn.
f. The customer assures bestlearn that his data provided at the time of registration is complete
3. Special arrangements for paid offers
If the customer purchases a paid product, the following additional conditions apply:
a. The customer is informed about the content of the respective chargeable service, the prices
and the terms of payment before concluding a contractual contract.
b. A binding of the customer arises only when he confirms the order of the paid use by the
payment service PayPal or credit card.
c. The contract data will be sent to the customer with the confirmation mail.
The contract data are stored in parallel at bestlearn.
d. The agreed fees are to be paid in advance and payable immediately. So far
otherwise agreed in writing or otherwise regulated by law,
charges cannot be reimbursed.
4. Terms of payment
a. The payment process is handled by the external PayPal service provider
b. The invoice amount must be paid once.
5. Data usage, data transfer and data forwarding
a. bestlearn always adheres to the legal requirements when operating its service
Data protection regulations, the Federal Data Protection Act
(BDSG) and the Telemedia Act (TMG).
b. For information on the handling of personal data on the bestlearn website, please refer to
the Privacy Statement.
6. Cancellation and termination
a. It is possible to cancel the free use of the profile (deletion of the profile) by the customer at
any time. It can be done in written form (e.g. letter or e-mail).
The customer must verify the account deletion by means of his e-mail address registered at
bestlearn as well as his password. If the customer has registered via Facebook Connect, he can
also confirm the deletion of his account with his Facebook data.
d. You can also write us by email. Please send us your notice to firstname.lastname@example.org and
name your username or the registered e-mail address.
e. You can also send the cancellation by post to the following address:
40545 Düsseldorf, Germany
f. The right of both parties to the extraordinary termination of both the free use as well as the paid
usage remains unaffected. For bestlearn there is an extraordinary reason for termination, if the
customer intentionally makes false declarations or repeatedly violates these general terms and
conditions when registering or ordering and / or later altering his data, and bestlearn previously
unsuccessfully complied with the general terms and conditions (warning).
a. bestlearn guarantees an availability of the service of 99% on the calendar year. Failure to perform
any service that is not covered by bestlearn, e.g. due to necessary maintenance work or due to force
majeure or technical disturbances of the Internet, shall not be accepted.
b. To use bestlearn in its entirety, the customer must use the latest (browser) technologies and / or
enable their use on his computer (for example, activation of Java script, cookies). In the case of the
use of older or non-common technologies, the customer may only use the services of bestlearn to a
8. Liability of bestlearn
a. bestlearn shall only be liable under the contract for damages incurred by the customer, (1) the
bestlearn or its legal representatives or vicarious agents have deliberately or grossly negligently, (2)
from injury to life, body or health a breach of duty by bestlearn or one of its legal representatives or
vicarious agents, and (3) a breach of an obligation which is the fulfillment of which the proper
execution of the contract is possible at first and on which the customer may regularly rely and trust
b. bestlearn shall be liable in cases of Art. 8.a. (1) and (2) are unlimited. In addition, the claim for
damages shall be limited to the foreseeable, contract-type damage.
c. In other than those referred to in Article 8.a. the liability of bestlearn - irrespective of the legal
basis - is excluded.
d. The above limitations on liability apply accordingly to all organs, employees and executives of
e. Insofar as liability under the Product Liability Act, from the assumption of a guarantee or due to
malicious deception occurs, it shall remain unaffected by the foregoing liability provisions.
9. Responsibility and Obligations of the Customer / Prohibited Behavior / Exemption
a. The customer is solely responsible for the content of his registration and thus for the information
he provides about himself.
b. The customer assures that the given data correspond to the truth and describe it personally. The
contracting parties agree that bestlearn has the right to check the correctness of the data provided.
c. The customer undertakes to use the bestlearn services only in a manner or for purposes which do
not violate these terms and conditions or violate the rights of third parties. Logins and personal
passwords may not be passed on to third parties or shared with third parties.
d. If the customer violates a duty arising out of the usage relationship, bestlearn can demand
compensation for damages resulting from the statutory provisions or necessary expenses. This does
not apply if the user is not responsible for a breach of duty.
10. Blocking on suspicion
a. bestlearn is entitled to block the contents of the customer, which trigger this complaint or
suspicion, in case of a substantiated complaint of a third party, the suspicion of an infringement or a
violation of these general terms and conditions. This shall not affect the right to extraordinary
termination (clause 6 h).
b. If a warning for bestlearn is reasonable, the warning is blocked by bestlearn to give the customer
the opportunity to remedy the suspicion or remedy. If a warning is not reasonable, Egg because the
blocking is necessary to prevent any damage to bestlearn or another customer, bestlearn will
immediately notify the customer of the blocking and provide him with the opportunity to comment
c. However, bestlearn can always delete the contents of the website if bestlearn is requested to do
so by a court or by a governmental authority, or the usage is terminated. The same applies if the
deletion or blocking is necessary to prevent an imminent loss of bestlearn or another customer.
11. Final provisions
a. German law applies to the exclusion of the UN purchase law.
b. There are no verbal or written ancillary agreements.
c. Should individual provisions of this agreement be or become invalid in whole or in part, the
contract shall remain valid.
d. Jurisdiction for all disputes arising from the contractual relationship between the customer and
the supplier is the place of business of the supplier, if the customer is a merchant, a legal person of
public law or a public-law special fund.
You can revoke your contract declaration in text form (e.g. letter, e-mail) within 14 days without
giving reasons. The period begins upon receipt of this instruction in text form but not before the
conclusion of the contract and before the fulfillment of our information requirements pursuant to
Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 of the German Civil Code and our
obligations pursuant to § 312 g Paragraph 1 Sentence 1 BGB with Article 246 § 3 of the German Civil
Code. The timely dispatch of the revocation shall suffice to ensure the revocation period.
The revocation must be sent to:
40545 Düsseldorf, Germany
Consequences of withdrawal
In the event of an effective revocation, the services received at the time shall be returned and any
benefits (e.g. interest) drawn. If you cannot or do not return or receive the services received and the
benefits (for example, advantages of use) in a deteriorated condition, you must provide us with this.
This may mean that you will nevertheless have to fulfill the contractual payment obligations for the
period up to the cancellation. Obligations to reimburse payments must be met within 30 days. The
period begins for you with the sending of your declaration of revocation, for us with their receipt.
Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at
your express request before you have exercised your right of revocation.
bestlearn offers a product: a web app called Memo (www.bestlearn.de/memo). When you order
digital content from the app, your right of revocation expires prematurely, if you explicitly agree to
the activation of the contract before the expiry of the revocation period and that you know you
consent to this at the beginning of the execution of the contract Your right to revoke.
End of revocation
The game Memo allows you to train vocabulary skills (English and German others are in preparation)
of 800 words. Memo helps to improve pronunciation. In addition, you also train your memory as well
as your ability to concentrate. These advantages are embedded in a competitive game that can be
played alone or in pairs (multiplayer). Players can contact through an embedded messenger and
challenge each other. While learning and playing, you can collect points and you can also see a high
score scale and your current place among the other players. The score is generated from the number
of games played, the speed, and the error rate. The learning mode allows the player to specifically
repeat words and their pronunciation.
All advantages at a glance:
- learning vocabulary
- Memory Training
- concentration training
- Pronunciation Training