General Terms and Conditions Act

 

 

General terms and conditions for using dietcoachone

 

 

1. Preliminary note

On its website Coach Media Ltd. provides an online service for developing individualized nutrition-, diet- and training plans.

 

Coach Media Ltd. offers two usage options on its website:

 

  1. A free option, the website is available with limited functionality (membership in this free version will be referred to as "Free Membership” in the following).

 

  1. A fee-based option, the website is available with full functionality (the fee-based version will be referred to as “Premium Membership” in the following).

 

Moreover, Coach Media Ltd. also allows non-registered users to freely view information and contributions that are displayed in the non-membership area without any further obligations.

 

2. Contract partner and contractual items

Coach Media Ltd., Fritz-Vomfelde-Str. 34 40547 Düsseldorf, Germany, is the contractual partner for the customer. The company is represented by General Manager Markus Frank. The contractual items are the delivery of an online service for creating, clarifying and mediating individualized nutrition-, diet- and training plans and providing expert email responses to individual questions.

 

The contract is concluded through:

 

Free membership

…the sending of access data by Coach Media Ltd. to the email address provided by the customer after registering for the Free Membership.

 

Premium membership

...the sending of access data by Coach Media Ltd. to the email address provided by the customer during the individually created and separately accessible registration for the Premium Membership. Participation with dietcoachone as a premium member takes the form of a subscription service. The subscription is automatically extended at the end of the subscription term by the term interval selected by the customer unless it is cancelled effectively and on time (see section “14. Contract cancellation”).

 

3. Delivery

Coach Media Ltd. tries to ensure the proper operation of the website but does not guarantee uninterrupted usage or access to the service. Coach Media Ltd. specifically does not accept liability for technical delays, interruptions or malfunctions of the service.

 

4. Changes or cessation of the offer

Coach Media Ltd. reserves the right to change parts or the entirety of the complimentary Free Membership without any separate announcement; it also reserves the right to temporarily or permanently cease its publication. This does not obligate the users in any way. Coach Media Ltd. ensures that even in such a case premium members will have access to the premium area.

 

5. Revocation policy

Revocation right: You can revoke your contractual declaration for the Free Membership or Premium Membership in text form (e.g. letter, fax) within two weeks without stating any reasons or you may also revoke your membership via the contact form, which is available in your membership area under “My profile”, by sending a message with the subject line “Cancel”. The term begins after this revocation has been received in text form but not before the contact is concluded. The timely sending of the revocation is sufficient for keeping the revocation term. Address the revocation to: In written form (Coach Media Ltd., dietcoachone Service Center, Fritz-Vomfelde-Str. 34, 40547 Düsseldorf, Germany), by fax +49 211 53 883 112 (0.14 Euro per minute from a landline; at the most 0.42 Euro per minute from a cellphone). The revocation can also be submitted to dietcoachone via the contact form that is accessible from anywhere on the website.

 

Consequences of revocation:In case of an effective revocation, the mutually received products and any possible utilized benefits (e.g. interest) are to be returned. If you cannot return all or only some of the received products or if you can only return them in a deteriorated state, you are obligated to compensate us for the applicable value of these products. Payment compensation obligations must be fulfilled within 30 days. The term begins for you with the sending of your revocation declaration, for us upon its receipt.

 

6. Warranty

Coach Media Ltd. guarantees that the products provided by the company are not defective in such a way that the value or the usefulness for common usage or usage according to the contract are nullified or diminished. An insignificant deterioration in value or usefulness will be disregarded. If significant damage to the usefulness of the product for common use or use according to the contract has occurred, Coach Media Ltd. has the right to subsequent reworking. If the services of Coach Media Ltd. are not available or only available in a limited manner, Coach Media Ltd. has the right to deliver the contractual service at a later point in time. An adequate period of time is granted to Coach Media Ltd. to rework the product or deliver it subsequently. This term begins at the point in time when Coach Media Ltd. receives notice or should have received notice about the claim for reworking or subsequent delivery of a product.

 

7. Liability and limitation of liability

Principally, the liability of Coach Media Ltd. is limited to all cases in which malice or gross negligence or the violation of essential contractual obligations (so-called cardinal obligations) can be proven as well as in the case of personal damage. In case of minor violations of cardinal obligations, the liability is material and the amount is limited to the typically foreseeable damage. The abovementioned liability limitations also apply to subcontractors and vicarious agents of Coach Media Ltd. The online Coach is not a substitute for a consultation with a physician. Consultation provided by Coach Media Ltd. is performed on the basis of the current state of scientific and technological knowledge and by qualified and responsible advisers. It is, however, not a medical consultation and cannot be a substitute for the advice of a physician. The customer is specifically aware that all communication with dietcoachone is carried out exclusively via the Internet; due to this communication process, the complete individual health- and psychological characteristics of the customer cannot be perceived in their entirety. In addition to this, the information provided by the customer himself does not provide a regular and comprehensive picture of the customer’s status of health. The customer is obligated to consult a physician and receive medical advice, following a personal examination, in order ascertain his individual health-related suitability for the program created by Coach Media Ltd. In the same way the customer is obligated to consult a physician and receive medical advice as soon as he notices any possible signs of adverse effects from program that was created for the customer by Coach Media Ltd. The information, which Coach Media Ltd. has provided on the basis of the customer’s data submission, cannot and should not replace the recommendations issued by a physician, or health authority or recommendations issued following a personal medical examination! In so far as a customer claims liability against Coach Media Ltd., he must accept contributory fault, especially in case of non-adherence to the previously mentioned indications. Depending on the severity of the contributory fault, certain liability claims against Coach Media Ltd. may be reduced to zero.

 

8. Further obligations and customer liabilities

The customer is obligated to keep his personal access requirements to his personal area secret and prevent any abuse by third parties. The customer will immediately inform Coach Media Ltd. about the loss of his password or any abuse by a third party so that Coach Media Ltd. can block access to his personal area. The customer is liable for all claims from Coach Media Ltd., which result from the use of consultation services via his personal area up to the point until the previously mentioned report is received. The customer is not permitted to perform technical or content-related manipulations on the Coach Media Ltd website or in his personal area. The customer must specifically not engage in activities that affect the access of authorized personnel to the Coach Media Ltd. website or his personal area. The customer consents to keep Coach Media Ltd. clear of any damages or claims that arise from allowing third parties authorized or unauthorized access to the services of Coach Media Ltd.

 

9. Liabilities regarding content

Own content

Coach Media Ltd. as a service provider is responsible for its own content, which is accessible within the framework of the service offer according to § 7 Section 1 of the TMG [German Teleservices Act]. The contributions and information are always created by Coach Media Ltd. to the best of the staff’s knowledge, yet a guarantee concerning the correctness, completeness or currentness of this information is not given. References and links to third party websites do not mean that Coach Media Ltd. has appropriated the referenced or linked content as its own. Coach Media Ltd. is not responsible for the referred contents and the data and information that are kept there. Coach Media Ltd. has no influence on the content referred to by links and, therefore, is not liable for illicit, faulty or incomplete content or for damages incurred by using the content referred to in the links.

 

Third-party content

Coach Media Ltd., according to the legal regulation of §§ 7 to 10 of the TMG, is not obligated and, moreover, not capable of examining or monitoring the legitimacy of uploaded or published contributions from third parties, such as for example blog entries in the community, nor is it capable of searching for circumstances that indicate illegitimate activity. This also applies to links.

 

Blocking/removing of illegal content

In case Coach Media Ltd. receives notice of illegal content within third-party contributions or linked websites, the respective content/links will be removed immediately. Coach Media Ltd. reserves the right to block or permanently remove content including links that have been provided by users in the community area.

 

Disclaimer

Coach media Ltd.’s liability is principally limited to malice and gross negligence as well as to violations of cardinal obligations. Excluded from this limitation are damages to life, body or health that result from negligent obligation violations on the part of Coach Media Ltd. as well as malicious or negligent obligation violations by the legal representative or vicarious agents of Coach Media Ltd. In case of minor neglectful violations of cardinal obligations, the liability is limited to material damage in the amount of the typically foreseeable damage.

 

10. Netiquette

We would like to ask our users to use an objective style and a friendly tone and also to be tolerant and respectful of other opinions when publishing content and/or communicating with third parties about our services. For clarification purposes we would like to point out that the user is legally responsible for the content published by him. The user has to specifically examine whether he has the necessary rights to publish content (we are particularly referring to copyright and the right to one’s own image in this instance) and whether his contributions are legal (radical right-wing, pornographic, racist, offensive, defamatory as well as reputation- or business damaging contents are especially risky).

 

11. Copyright and other property rights

Coach Media Ltd. would like to point out that the content published within the site (in particular texts and images) is principally protected by copyright. The reproduction or any other use or utilization of protected content is prohibited without the consent of the right holder. However, personal, non-commercial usage within the framework of the intended purpose of the offer is permitted. Insofar as the usage is neither directly or indirectly for commercial purposes, users may retrieve, store and print content for private use.

 

12. Data privacy and data usage

On the topic of data privacy and data usage please take note of the current data privacy statement

 

13. Due date, payment default, fixed bank rate

This section applies exclusively to the Premium Membership.

 

The fee for the Premium Membership is due after accepting the order and after the subscription term for the duration of the contractually agreed-upon subscription term has begun. Collection of payment depends on the product that was ordered and the payment option selected by the customer as e.g. direct debiting or credit card. The prices, the term and the collection date for the ordered service depend on the product that was ordered. The ordered product will be communicated to the member in the product description when registering and in the invoice. All prices include the legally required VAT tax. By registering and providing the required bank information or the information that is required for another payment option, the participant grants the provider a billing authorization. After the billing permission has been granted, the fee is collected from the participant’s bank account. In case of a charge back for which the participant bears the responsibility (e.g. due to insufficient funds in the declared account), the provider will charge a fee of 12.50 Euro per charge back plus the incurred bank processing fees. The participant may attempt to prove at his own discretion that no damage or substantially less damage has been incurred. If proven, the fee will be reduced to the verified sum. Principally, the open claim remains valid. For participants who are using the discounted test term, e.g. for direct debiting procedures that are collected after the test term, the fee is only collected after the test term has elapsed if it has been determined that the participant will continue to use the service offer in the future. When the payment is made e.g. with a credit card, the fee is collected at registration and is refunded as soon as possible within the test term in case of revocation.

 

14. Contract cancellation

This section applies exclusively to the Premium Membership.

 

The contract is automatically extended by the previous contract term if it is not cancelled at least 14 days before the contract expires. The cancellation must be mailed in written form (Coach Media Ltd., dietcoachone Service Center, Fritz-Vomfelde-Straße 34, 40547 Düsseldorf, Germany) or sent by fax +49 211 53 883 112 (0.14 Euro per minute from a landline, at the most 0.42 Euro per minute from a mobile phone) or submitted via the support form in the Premium Membership area. The date of receipt is applicable for the cancellation.

In order for the cancellation to be effective, it must be sent in written form or as an email and include the user name as well as the designation for the cancelled coaching program. Coach Media Ltd. has the right to issue a cancellation in text form with a notice period of two weeks before the due date of the next payment extension. The right to an extraordinary cancellation for important reasons remains untouched. One such important reason applies when the customer has provided erroneous information about his identity or the consultation-relevant data during the contract initiation.

 

15. Contract changes, extraordinary cancellations

Coach Media Ltd. explicitly reserves the right to change the editorial or graphic design as well as the structure of its Internet pages at any time or expand or arrange their functionalities anew. Coach Media Ltd. is furthermore entitled to partially or entirely change the contractual conditions at any time at its own discretion. The changed contractual conditions will be announced in the customer’s membership area. It is regarded as an implicit agreement with the changed contractual provisions if the customer continues to use the consultation services of Coach Media Ltd. after the announcement. The customer also has the right to object in written form to the changed contractual conditions within 14 days after accessing his personal area (email is sufficient). However, if the customer objects to the changed contractual conditions, Coach Media Ltd. has the right to cancellation for an important reason without giving prior notice. An important reason, which would give Coach Media Ltd. the right to an extraordinary termination, applies when the customer has provided erroneous information about his identity or the consultation-relevant data during the contract initiation.

 

16. Final provisions

For all current and future claims resulting from business relationships with registered traders, the exclusive place of jurisdiction is the place of business of Coach Media Ltd. The same jurisdiction applies when the customer has no general place of jurisdiction in Germany or moved his domicile or usual place of residence from Germany to another country or when his domicile or usual place of residence remains unknown at the time of the commencement of proceedings. If one of the abovementioned regulations is partially or entirely ineffective or unfeasible, the validity of the other regulations remains untouched. The parties will agree upon a regulation in place of the ineffective or unfeasible regulation, which comes as close as possible to the economic purpose of the formerly agreed-upon ineffective or unfeasible regulation. The same applies in case of a regulatory loophole. (Status of the terms and conditions: November 09, 2012).