§ 1 Scope and contracting party
These terms and conditions apply to contracts for the TestAS Trainer between PreMed GmbH, Universitätsstraße 5, 50937 Köln (Cologne), Germany (“we”), and you as a consumer (“you”). A consumer is any natural person who concludes the contract for purposes that can be attributed predominantly neither to their commercial nor to their self-employed professional activity. The contract language is German.
The website testas-preparation.com is also operated by PreMed GmbH. We are not an offer of g.a.s.t., which develops and evaluates the TestAS.
§ 2 Service
The TestAS Trainer is self-study software that you use in your browser. There is no supervision and no learning control by us. The Trainer contains practice tasks in the format of the Core Module (Figure Sequences, Mathematical Equations, Latin Squares) and of the Subject Modules, a simulation following the procedure of the digital TestAS, explanations of the tasks and an evaluation of your results. One access covers all areas of the Trainer. Use requires a device with a current browser and an internet connection.
The tasks are written by us. They reproduce the publicly described format of the TestAS. They are not tasks from the TestAS. We do not guarantee a particular TestAS result and do not predict a result. Whether a university admits you is decided by the university alone. As long as your access lasts, we maintain and expand the Trainer.
§ 3 Conclusion of contract
To order, you sign in with your Google or Apple account or with an email address and password. On the order page you tick the required boxes (acknowledgement of these terms and conditions and of the withdrawal information, and consent to the immediate start under § 7) and click the button “Order with obligation to pay”. With this you make a binding offer.
We accept your offer by activating your access or by sending you a confirmation by email. Before you submit, you can check and change your details on the order page. We store the contract text and the wording of your consents and send you the contract confirmation by email.
§ 4 Prices and payment
The prices at the time of the order apply:
- Access to the TestAS Trainer for 6 months: €199,
- Extension of an expired access by 6 months: €99.50.
These are final prices. No value added tax is shown because PreMed GmbH is exempt from value added tax under § 19 (1) UStG (German Value Added Tax Act). You pay once; there is no subscription and no ongoing cost. The price is due immediately with the order. You pay by card via the payment service Stripe or via PayPal. You can redeem voucher codes on the order page. You receive the invoice by email.
§ 5 Access and access period
We activate your access immediately after we receive the payment. The access lasts 6 calendar months from receipt of payment and then ends by itself. It does not renew automatically. We remind you by email 30 days and 7 days before the end.
The access is tied to your account and cannot be transferred. The Trainer may be unavailable for a short time for maintenance; we try to keep such periods short. If a payment is charged back or refunded, we block the access.
§ 6 Extension
For payment. You can extend an expired access by 6 months at any time at the price under § 4, as often as you like. Each extension is a separate contract with its own invoice. These terms and conditions and the withdrawal information apply to it equally.
Free on request. Once per purchased access, we extend it for free by 6 months if you show that you took the TestAS after the purchase and at least one of these conditions is met:
- Your percentile rank in the Core Module is 50 or lower.
- You did not reach your target university’s minimum score for your degree programme.
- You received a rejection notice from the university.
You submit the request in your account with the TestAS certificate and, for no. 2 or 3, with proof from the university. The request is possible up to one year after your access ends. We check it by hand and tell you the decision by email. We delete the uploaded proof 30 days after the decision, or immediately if you withdraw the request. The free extension is a voluntary promise; statutory rights are not affected.
§ 7 Right of withdrawal and immediate start
As a consumer you have a right of withdrawal. The details are in the separate withdrawal information; there you will also find the model withdrawal form.
We start providing the digital content only when you have expressly requested at the order that we start immediately after payment, and have confirmed that you are aware that your right of withdrawal expires as soon as your access is activated (§ 356 (5) BGB, German Civil Code). We send you a confirmation of the contract by email.
§ 8 Rights of use
You receive a simple, non-transferable right to use the Trainer for the duration of your access for your own preparation. Not allowed are copying, reproducing, passing on and publishing tasks, solutions and explanations, automated reading out (scraping), and commercial use, for example in the lessons of a language school without a separate agreement with us. In case of misuse, we may block your access. Further statutory claims are not affected.
§ 9 Your obligations
You keep your access data secret and do not pass your account on to third parties. If you suspect that someone has unauthorised access to your account, you write to us without delay. You give truthful information in the order and in the extension request.
§ 10 Warranty
The statutory rights in case of defects of digital products apply (§§ 327d ff. BGB, German Civil Code). If you find a mistake in a task or in the Trainer, please write to us at [email protected] so that we can fix it. We do not give a guarantee for a particular TestAS result or for admission.
§ 11 Liability
We are liable without limitation for intent and gross negligence and for injury to life, body and health. In case of slightly negligent breach of an essential contractual obligation (cardinal obligation), our liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. Otherwise, liability for slight negligence is excluded. Liability under the Product Liability Act and mandatory statutory liability rules are not affected.
§ 12 Data protection
How we process your data is described in the privacy policy.
§ 13 Dispute resolution
We are not willing and not obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
§ 14 Final provisions
The law of the Federal Republic of Germany applies. The protection offered by mandatory consumer protection provisions of the state in which you have your habitual residence is not affected. If a provision of these terms and conditions is invalid, the validity of the other provisions is not affected.