I. Closed Member Area
§ 1 Applicability
(1) By registering with the provider, the user will be made aware of the Terms and Conditions and the user will confirm the validity of these Terms and Conditions. They thus apply comprehensively to the use of the closed member area and the use of the services offered therein by the provider.
(2) No verbal side agreements have been made. All future amendments to the contract are to be recorded in text form, which also applies to the revocation of this text form clause.
§ 2 Conclusion of the Contract
(1) The contract is concluded with the provider xxxx, xxx Street xx, xxxx.
(2) Users can initially place the membership in the shopping cart on the website without any obligation and edit their order details. Users can correct the membership placed in the shopping cart and their entries at any time by using the navigation provided.
(3) The offer of membership on our website is an offer to conclude a contract, issued by the provider. The contract is concluded when the user registers by clicking on the "register for a fee" or a similarly marked button after filling out the corresponding registration form and taking note of these Terms and Conditions, the data protection policy and the cancellation instructions.
(4) The language of the contract is German.
(5) A written contract will be kept and stored by the provider, however, a contract can also be concluded orally. Contracts on the website are not stored by the provider.
(6) The provider is entitled to withdraw from the membership/coaching contract if there is an important reason for refusing membership in the person of the user.
§ 3 Fees, Payment
(1) The price specified during registration shall apply to the use for the specified period of time. The user is obliged to periodically transfer the fees to the provider or to a payment intermediary appointed by the provider in due time.
(2) Unless otherwise agreed, all prices are inclusive of value added tax. Not included are travel, catering or any connection costs of the participant.
(3) Participant's payment of an invoice is due immediately. The participant is advised that he/she will be in default no later than 30 days after receipt of the invoice.
(4) The following payment methods are available to the participant:
Stripe, where the payment is made via the method that the participant has agreed with Stripe. For more details, please refer to the terms and conditions of Stripe.
(5) If fees are incurred for a return debit note by the participant, the participant shall bear these fees insofar as the participant was responsible for the return debit note, i.e. it was not justified.
§ 4 Duration of Contract, Termination
(1) The contract period and termination period are determined by the booked membership. The LIGHT membership has a minimum term of one month and is extended thereafter for one additional month at a time unless membership is terminated by either party with 30 days’ notice to the end of the month. The PLUS membership has a minimum term of three months and is extended thereafter for one additional month at a time unless membership is terminated by either party with 30 days’ notice to the end of the month. The termination must be declared in text form The Premium Membership has a term of twelve months and ends automatically thereafter if it is not extended.
(2) Termination for cause shall remain unaffected for both parties.
§ 5 Right of Cancellation
(1) Right of cancellation
The user has the right to revoke this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of the conclusion of the contract.
In order to exercise the right of cancellation, the user must inform the provider at the address given in the imprint by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his/her decision to cancel this contract. For this purpose, the user may use the enclosed sample cancellation form, which is not mandatory, however.
To meet the cancellation deadline, it is sufficient for the user to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
(2) Please note: If you have requested that we provide the service immediately and we have informed you that your right of cancellation has lapsed, the subsequent right of cancellation shall lapse immediately as soon as you have accepted the service (e.g. by logging in or downloading).
(3) Consequences of the cancellation
If the user cancels this contract, the provider must reimburse the user for all payments that the provider has received from the user without delay and no later than fourteen days from the day on which the provider received notification of the cancellation of this contract. For this repayment, the provider shall use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case shall the provider charge the user for this repayment.
(4) Sample cancellation form
If the user wishes to cancel the contract, he/she can fill out this form and return it to the provider.
WSS WOmen strength society gmbh
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)..........................
- Ordered on........................... (*)/received on ............................ (*)
- ...........................Name of the consumer(s)
- ...........................Address of the consumer(s)
Signature of consumer(s) (only in case of paper notice)
§ 6 Content of the Member Area
(1) The provider provides a closed member area in which users can exchange information and make use of the services offered.
(2) The illustration and description of the member area on the provider's internet presence are for illustration purposes only and are only approximate. No guarantee is given for complete adherence thereto.
(3) The provider is entitled to make adjustments to the content or the process of the member area for technical reasons, for example when it is necessary to update or to enhance the content.
(4) Membership includes the following benefits:
- free access to live video calls;
- free access to our member area with video content, e-books, PDFs files and tracking sheets;
- free access to community and support group chats;
- a training plan with exercise videos.
§ 7 Availability of the Website, Force Majeure
(1) The use of the course takes place on the internet and can only be fully used if the user has a sufficiently fast internet connection. Ensuring this is the responsibility of the user.
(2) The provider strives for the greatest possible availability of the member area. However, constant availability cannot be guaranteed and also depends on the functioning of the internet infrastructure, which is beyond the control of the provider.
(3) The provider is entitled to temporarily restrict or completely block the use of the member area, in particular for maintenance, care and improvement as well as for other reasons necessary for the provider's operations. In doing so, the provider will take into account the average interests of the users as far as possible (e.g. when determining maintenance times). In the event of urgent disruptions, the provider is also entitled to correct errors during normal business hours.
(4) The provider is not liable for force majeure or operational disruptions occurring at the provider or the provider's subcontractors, e.g. due to riots, strikes, lockouts, epidemics or pandemics, which temporarily prevent the provider from rendering the services through no fault of its own. Furthermore, the provider is not liable for data loss or unavailability that could have been easily prevented by appropriate precautions taken by the user in accordance with the state of the technology and the user's responsibility.
(5) If the provider is unable to provide the service due to force majeure, the provider's obligation to render the service shall be suspended for as long as the impediment to performance persists.
(6) If the impediment to performance lasts for more than two weeks, the user has the right to terminate the contract without notice if the fulfillment of the contract is no longer of interest to him/her as a result of the impediment.
§ 8 User's Obligations
(1) The user is obliged to refrain from all uses of the site that may unduly disturb other users or the operation of the site. In particular, it is prohibited to exercise large-scale use of the site in a spamming manner.
(2) The user may use data from other users that he/she has received on the site only in the context of the use of the site, unless the other user has given their consent. Use for the user's own purposes, in particular for advertising or other harassment, is prohibited.
(3) In case of violations of these obligations, the provider is entitled to delete the user immediately. The provider may also take milder measures, such as deleting or blocking individual content of the user, excluding the user from certain uses of the site or issuing a warning.
§ 9 User Profiles
(1) Users are obligated to provide truthful and complete information in their profile. This data will be used within the framework of the contractual relationship.
(2) Users are obligated to keep their user profile up to date and current. The user can enter new data in the profile at any time.
(3) Each user can only create one profile. It is not possible for other users to use that profile.
(4) It is the provider's free decision whether or not to accept the creation of a user profile. The provider is entitled to delete user profiles at any time without giving reasons. In this case, the user contract between the user and the provider for the member area terminates, and the user will be reimbursed for any fees already paid on a pro rata basis.
(5) Users are obligated to notify the provider immediately if they become aware that third parties have access to their access data or have otherwise gained access to their user profile. If the user does not notify the provider immediately, he/she is obliged to compensate the provider for the resulting damage.
§ 10 Rights to Content
(1) The provider stores the multimedia content uploaded by the user for the user or provides the necessary storage space and access to it. The user is responsible for the multimedia content uploaded to the provider's website. If the user uses illegal content and a claim is made against the provider by a third party, the user is obligated to hold the provider harmless from any claims, including claims for damages and reimbursement of costs, upon first request.
(2) The user must independently ensure that the content uploaded by him/her does not violate applicable laws and legal regulations, public decency and the rights of third parties; in particular, name, personality, copyright, trademark and data protection rights must be observed. Furthermore, the user is also obligated not to upload any content to the provider's site that violates provisions of the German Criminal Code or the Interstate Treaty on the Protection of Minors in the Media. Likewise, the user is prohibited from uploading pornographic content, content that glorifies violence or content that incites hatred. The same applies to the use of other electronic means of communication of the provider.
(3) By posting multimedia content (text, images, drawings or sound sequences), the user transfers to the provider a royalty-free, irrevocable, unrestricted, sublicensable and geographically unlimited right of use to the multimedia content posted by the user on the provider's site. The right of use includes in particular the right to edit the multimedia content for the provider's purposes and to make it available to the public online and offline, in print or electronically. This includes the playback on any receiving devices with online access on which the display, retrieval and playback of the provider's content is possible.
(4) The content offered and displayed on the provider's site is protected by copyright.
II. Courses and Webinars
§ 11 Content and Location of the Course
(1) The illustration and description of any supplementary course or webinar content that may be offered on the provider's internet presence are for illustrative purposes only and are only approximate. No guarantee for complete adherence thereto is made.
(2) The provider is entitled to make adjustments to the content or the schedule of the courses or webinars for technical reasons, for example if the content needs to be updated or enhanced, provided that this does not result in any significant change to the course or webinar content and the change is reasonably acceptable to the user.
(3) The provider is entitled to replace an announced speaker with an equally qualified speaker if this is necessary due to the speaker's inability to attend or for health or similar reasons.
(4) The provider is entitled to change the access medium and time of the announced course or webinar, provided that the change is communicated to the user in a timely manner and is reasonably acceptable to the user.
§ 12 Cancellation of the Course / Webinar
(1) The provider has the right to cancel the course or webinar if the provider or a third party service provider engaged by the provider, in particular the instructor, is prevented from holding the course or webinar on the agreed date due to, for example, riots, strikes, lockouts, natural disasters, severe weather, traffic obstructions or illness through no fault of the provider.
(2) The provider is obliged to inform the user of any cancellation as soon as possible.
(3) In the event of a cancellation pursuant to paragraph 1, the user shall not be entitled to compensation.
(4) In the event of a cancellation, the provider will offer the user an alternative date, if necessary. If no agreement can be reached on this, the provider will reimburse the user on a pro rata basis for the membership fees that were incurred for the specific course or webinar.
§ 13 Copyright and Intellectual Property Rights, Recordings
(1) All documents of the provider are protected by copyright. This applies to the provider's website content, lectures, presentations, scripts and other event documents. The user is not entitled to copy, distribute or publicly reproduce such documents.
(2) The user is not entitled to make picture, film or sound recordings of the event without the express permission of the provider.
(3) The user consents to the provider making picture, film and/or sound recordings of the event with depiction of the user and using them for advertising purposes. The user is entitled to revoke or restrict this consent at any time.
§ 14 Course and Webinar Schedule / Exclusion of the User
(1) The provider has the right to issue instructions in the course and webinar software. The provider's instructions or those of the provider's employees must be followed by the user.
(2) The provider may exclude the user from further participation in the event in case the user disrupts the event in a way that is unacceptable for other users. In the case of gross violations, this step may be taken without prior warning.
(3) If the user is excluded by the provider, the user is obligated to compensate the provider for any damages incurred as a result. In particular, the user has no claim to full or partial reimbursement of the fees paid for the course or the webinar.
§ 15 Content and Location of the Coaching
(1) The detailed services can be seen in the providers offer.
(2) The illustration and description of the coaching and the coaching location in the providers internet presence are for illustration purposes only and are approximate. No guarantee for complete adherence thereto is given.
(3) The provider is entitled to make adjustments to the content or the process of the coaching for professional reasons, for example when it is necessary to update or enhance the coaching content, as long as this does not result in a significant change of the coaching content and the change is reasonably acceptable to the coachee.
(4) The provider is entitled to change the place and time of the announced coaching, provided that the change is communicated to the coachee in a timely manner and is reasonably acceptable to the coachee.
§ 16 Contribution of the Coachee
(1) Coaching takes place on the basis of the preparatory conversations. It is based on cooperation and mutual trust.
(2) The coachee is not obligated to accept the coaching or to implement the recommendations given.
(3) The coachee is fully responsible for his/her physical and mental well-being during the coaching.
(4) The coachee acknowledges that all steps and measures taken by him/her during the coaching are his/her own responsibility.
§17 Cancellation of the Coaching
(1) The provider is entitled to cancel the coaching if the provider or a third party service provider engaged by me is prevented from holding the coaching on the agreed date through no fault of my own, e.g. due to riots, strikes, lockouts, natural disasters, severe weather, traffic obstructions or illness.
(2) The provider is obliged to inform the coachee of any cancellation as soon as possible.
(3) In case of a cancellation pursuant to paragraph 1, the coachee is not entitled to compensation.
(4) In the event of a cancellation, the provider will offer the coachee an alternative date if necessary. If no agreement can be reached, I will reimburse the coachee for any coaching fees already paid.
(5) The reimbursement only covers the amount actually received by me, i.e. minus the expenses and fees incurred by the payment method chosen by the coachee. The coachee can reduce or avoid this cost burden by choosing the most cost-effective payment method possible.
§ 18 Non-Availability of the Coachee
(1) If the coachee withdraws from the coaching or refuses to participate for any other reason, the coachee shall pay the coaching fee. I must, however, take into account any expenses saved by the non-participation of the coachee and acquired through other use of my services or maliciously not acquired.
(2) The provider is not obligated to accept a substitute coachee, even if the coachee names a replacement for a cancelled coaching session. However, if the substitute coachee is provided in a timely manner and is reasonably acceptable to the provider, the compensation pursuant to paragraph 1 shall not be due.
§ 19 Confidential Information
(1) Confidential information shall be all documents and information of the information owner which are the subject of technical and organizational measures of secrecy and are marked as confidential or are to be regarded as confidential according to the type of information or the circumstances of transmission, such as, in particular, business secrets, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial data, personnel matters as well as digitally embodied information (data and databases).
(2) Non-confidential information is only information for which the recipient of the information can prove that it
a) was already known to an undefined circle of persons outside the information owner at the time of its transmission to the information recipient,
b) which become public knowledge after having been communicated to the recipient of the information, insofar as this disclosure is not due to a violation of this agreement or of a law by the recipient of the information or a person associated with him/her,
c) which was already known to the recipient of the information at the time of the conclusion of this agreement, insofar as this knowledge is not due to a violation of a law or another agreement between the parties by the recipient of the information or a person associated with him/her,
d) which was disclosed to the recipient of information by a third party after the conclusion of this agreement, insofar as such information from the third party was not acquired in violation of a law or this agreement or any other agreement between the parties.
(3) The recipient of the information is prohibited from using confidential information of the holder of the information which has become known to him/her within the framework of the contract. In particular, the recipient of the information is prohibited from exploiting the information for competitive purposes or other purposes of his/her own. If the information has been disclosed to the recipient of the information by the information owner within the framework of the contract, the recipient of the information may use it exclusively for the purpose of transmitting information within the framework of this contract.
(4) The recipient of confidential information is obligated to keep the information secret and to protect it appropriately against unauthorized access (such as by hacking) for the duration of the contract. Data security that corresponds to the state of the art and at least meets the requirements of Art. 32 GDPR for the processing of special categories of personal data (within the meaning of Art. 9 GDPR) shall be deemed adequate. This obligation shall also apply beyond the termination of the contract, without any time limit, until the final deletion of the confidential information.
(5) The recipient of the information must only disclose the confidential information to those representatives who are dependent on the knowledge of this information for the fulfillment of the purpose of the contract. The recipient of the information shall ensure that its representatives comply with this agreement as if they were themselves bound by it.
(6) If the recipient of the information is obliged to disclose part or all of the confidential information due to applicable legal provisions, court or official orders or due to relevant regulations under stock exchange law, he/she shall inform the holder thereof without delay (to the extent legally possible and practicable). He/she shall use all reasonable efforts to minimize the scope of disclosure and, if necessary, provide the owner of the information with all reasonable assistance in seeking a protective order against the disclosure of all or part of the confidential information.
§ 20 Liability of the Provider
(1) The provider shall not be liable for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract or the provider has assumed a guarantee for the fulfillment of this duty or a certain outcome that did not occur due to the breach of duty. This also applies to corresponding actions of the provider's vicarious agents and bodies.
(2) This exclusion of liability does not apply to injuries to life, limb or health or to claims under the Product Liability Act.
(3) Any liability of the provider arising from a grossly negligent breach of duty or a grossly negligent tort is limited to the damage foreseeable for the provider.
(4) This paragraph applies equally to torts committed by the provider's employees and vicarious agents.
(5) The provider is not liable for the content of external links on the provider's website, especially not for advertising information provided by the lecturers.
(6) When content is presented online, the provider is only liable for the proper feeding of the data into the internet at its access point. The provider is not liable if the properly fed data does not reach the user in sufficient quality. In particular, the provider is not liable for the user's reception configuration or errors with network operators.
(7) When participating in coaching, no specific success can be guaranteed, since coaching is the individual development of methods, behaviors and attitudes and is therefore always dependent to a considerable extent on the cooperation of the coachee.
(8) The providers opinions and recommendations only prepare the business or personal decisions of the coachee. They can never replace them.
(9) The coachee is entitled to the statutory rights.
(10) For my coaching activities, I have a liability insurance for the territory of Germany with XXXXX Versicherung, address, up to the amount of ......... euros.
§ 21 Data Protection
(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, address and e-mail address, possibly also services used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation or amendment of a contract.
(2) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party provider.
(3) Persons concerned have the right, at any time, to:
revoke a consent granted in accordance with Art. 7 para. 3 GDPR. The data processing based on this consent may then no longer be carried out, but the revocation does not affect the lawfulness of the data processing carried out up to that point;
request information in accordance with Art. 15 GDPR on the personal data processed, including information on the purposes of the processing, the category of personal data, the categories of recipients to whom the data have been or will be disclosed, the expected storage period, the origin of the data, if not collected here, as well as on automated decision making including profiling and the existing rights about which information is provided here;
demand that inaccurate or incomplete personal data be rectified without delay in accordance with Article 16 GDPR, in particular if the purpose of the processing has ceased to exist, if necessary consent has been withdrawn, if there is no other legal basis or if the data processing is unlawful;
demand that the stored personal data be deleted in accordance with Art. 17 GDPR, unless the processing is necessary in the exercise of the right to freedom of expression, for the fulfilment of a contract, for reasons of public interest or for the assertion or defence of legal claims;
demand that the processing of personal data be restricted in accordance with Art. 18 GDPR if the accuracy of the data is disputed or if the processing is unlawful and deletion is refused and the data are no longer needed, but the person concerned needs them in order to assert, exercise or defend rights or has lodged an objection to the processing in accordance with Art. 21 GDPR;
require that the data provided be handed over or transferred to a third person in a structured, common and machine-readable format;
file a complaint with the competent supervisory authority in accordance with Art. 77 GDPR, if the processing of personal data is not lawful; the competent authority is usually the supervisory authority of the place of habitual residence or workplace of the person concerned or of the registered office of our company;
object in the case of the personal data being processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 (f) GDPR, if there are reasons for doing so which arise from the special situation of the person concerned.
(4) If the person concerned has registered for the newsletter with their e-mail address, the provider will use the e-mail address of the person concerned for their own advertising purposes in addition to the performance of the contract and advertising for similar products. The person concerned can unsubscribe free of charge at any time by clicking on the unsubscribe link in any e-mail or by sending an informal message.
(5) The data will generally only remain stored as long as the purpose of the respective data processing requires it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).
§ 22 Arbitration, Mediation
(1) Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. Here you can enter into the out-of-court settling of consumer disputes arising from online contracts. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(2) However, the provider participates in independent mediation. In case of disputes arising from the business relationship between the provider and the user, the parties are obliged to strive for an amicable solution. If an agreement cannot be reached, they undertake to settle their differences in mediation before resorting to legal action. The possibility of summary proceedings by way of interim legal protection shall remain unaffected. The mere non-payment of remuneration without plausible reasons shall not constitute a dispute within the meaning of this provision.
TERMS & CONDITIONS