Skoove is operated by Learnfield GmbH (hereinafter “Learnfield”), with its registered office at Karl-Marx-Allee 85, 10243 Berlin. Skoove is an online learning system that lets you learn to play the piano easily and efficiently. It can be used via the Internet browser, iPad and iPhone application (hereinafter “Skoove”).
With your registration with Skoove you (the “User”) agree to these general terms and conditions of business (“T&C”). By completing the registration, you enter into a valid contract with Learnfield. Please read these T&C carefully, as they make up the legal framework applying to the use of Skoove.
Skoove offers some free content and features, but it is not completely cost-free. Services that are only offered for payment are detailed and clearly marked on www.skoove.com. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However, they are not charged without explicit warning to the User. The User will not be charged for limited, trial use, nor through registration. Please also take a look at the details on data protection.
2 Scope, Definitions
2.1 Skoove is aimed exclusively at individuals and consumers of legal age. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. Use by minors without the consent of their legal guardians or by commercial users is not permitted. Learnfield therefore reserves the right to delete all data of underage or commercial users. The Terms and Conditions apply to all such adult and non-commercial users of Skoove and equally to free and paid offers from Skoove.
3 Registration and Conclusion of the Contract
3.1 Each User may only register once. The User is obligated to provide complete and truthful information in the sections provided on the registration form.
3.3 After registration, Learnfield will send the User an automatic confirmation by email. The email contains a link via which the User can verify that the email address stated is correct. The User undertakes to provide that verification. Until verification is not provided, Learnfield may restrict or prevent access to Skoove at any time.
3.4 If prices are quoted at Skoove, they are including the valid statutory value added tax.
4 Free Use of the Basic Content of Skoove (Basic Contract)
4.1 Registration on Skoove is free of charge to the User. Also, the use of subset content to try Skoove is free.
4.2 The contract for using the free content of Skoove (Basic Contract) is concluded for an unlimited period and may be terminated without notice by either party to it at any time, as long as no paid services are used (Premium Contract).
4.3 To terminate the Basic Contract, the User must use one of the available communication channels (e.g. Email or contact form) to inform Learnfield about his termination request.
4.4 The User account will be deleted upon termination of the Basic Contract.
4.5 Basic Contracts may be terminated at any time by Learnfield without reasoning.
5 Services Subject to Fees (Premium Contracts)
5.1 For full access to all content on Skoove (Premium Services), fees will be charged if this is indicated and the User orders it.
5.2 The use of Premium Services is possible on a subscription basis (Premium Contract).
5.3 Premium Contracts are concluded for the time specified in the individual order. The remuneration / invoice amount for the subscription term is payable on conclusion of the contract. After each subscription term, the contract renews itself automatically or the term agreed upon, unless the User cancels the service before the term runs out. The full invoice amount of each renewal term will be charged on the first day of the renewal.
5.4 Billing type, prices and terms are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium Services becomes binding by pressing the related order button.
5.5 Premium Contracts can be terminated by the User by clicking the respective link which can be found in the account settings. After confirmation of the termination by the user, Learnfield confirms the termination by email.
5.6 The right to termination due to cause remains intact.
5.7 Learnfield has the right to cancel Premium Contracts at any time without giving reasons with the termination taking effect at the end of the respective term.
6 Payment Methods
6.1 Usage fees for premium services are payable in advance for every subscription period.
6.2 The User may choose one of the payment methods specified such as credit card or SEPA direct debit.
6.3 Invoices can be requested at any time using all available communication channels (for example an email to firstname.lastname@example.org). In this case, please mention the email address under which you are registered at Skoove.
6.4 If you pay by SEPA direct debit, your bank account will be debited within the next two bank working days after ordering or renewing the subscription.
6.5 For SEPA-based direct debits, a shortened pre-notice period of 3 calendar days is hereby agreed.
7 Coupon Codes
7.1 After entering a valid coupon code, the user will get access to the Premium Service for a discounted price.
7.2 Coupon codes can only be used at initial conclusion of a premium contract.
7.3 When the User uses a coupon code enabling free access to a Premium Service, no charge will occur and accordingly, no bill will be sent. The length of free access depends upon what is specified by the coupon code.
7.4 If the discounted access to the Premium Service is limited in time, the user will be informed about the expiry via email before the discounted usage phase ends.
8 Right of withdrawal for consumers | Instructions on withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. This is only applicable for the first 14 days and not to any subsequent payments that form a part of the contract (see §3.2).
To exercise the right of withdrawal, you must inform us (Learnfield GmbH, Karl-Marx-Allee 85, 10243 Berlin, Germany, e-mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, e-mail or contact form).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
9 Content and Accessibility of the Music Portal and Liability
9.1 Learnfield strives to ensure that Skoove functions properly at all times. However, Learnfield does not guarantee uninterrupted access.
9.3 Claims for damage on the part of the User are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of Learnfield, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
9.4 In the event of infringement of essential contractual obligations, Learnfield shall only be liable for
contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health.
9.5 The restrictions as set forth under Sections 10.3 and 10.4 shall also apply to the benefit of Learnfield’s legal representatives and vicarious agents if claims are asserted against them directly.
10 Intellectual Property Rights
All through our website and through our services spread texts, images, music representations, cover arts, musical compositions and other works subject to intellectual property rights. Any use not in relation with the provided services requires the prior consent of Learnfield.
11 Final Provisions
11.1 Agreements between Learnfield and the User shall be subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.2 The Parties agree to exclude those provisions of the German international civil law, that may cause the exclusive application of any other jurisdiction.
11.3 The Parties agree on the exclusive jurisdiction of the courts at the place of business of Learnfield, if
the User does not have a residence in Germany.
11.4 Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
11.5 Learnfield reserves the right to change these T&C without giving reasons, as far as this is necessary due to changes in Learnfield’s services, the scope of Skoove or due to legal changes or technical developments. This applies in particular if new offers from Learnfield require new regulations. The user will be notified of any changes to the T&C that are relevant to him/her by e-mail or by a corresponding note when using Skoove. If the user does not object to the amended T&C within six weeks, they shall be deemed accepted. In the event of an objection, Learnfield can block the user account of the user, whereby payments already made will be reimbursed proportionately to the remaining term. Learnfield will point out these legal consequences separately in the e-mail with the amended T&C.