Terms and Conditions „Antje Smiles“
Scope
1.1. The present General Terms and Conditions (“T&C”) shall apply to all services offered by “Antje Smiles” (Antje Gallo, c/o Heymann, Brandt de Gelmini CO Social Ninja, Fuggerstraße 35, 10777 Berlin, Germany (“Provider”)) via the online website “Antje Smiles”, in particular to any paid multimedia personal training, sports and nutrition programs, such as lifestyle advice (hereinafter in their entirety referred to as “Online Programs”) offered website visitore (“the users”) for retrieval on the website accessible under the URL www.antjesmiles.com (“Website”).
1.2. By using the website, at the latest, however, by ordering any of the Online Programs in a legally binding manner, the User accepts the applicability of the present T&C.
1.3. In addition to the present T&C, the Provider’s “Privacy Policy”, which is made available to the User on the Provider’s Website, shall apply as well.
Participation requirements and important notices
2.1. The Provider expressly points out that the Online Programs may not be suitable for every person. They are designed for Users who are in good general mental and physical health. If in doubt, a doctor shall be consulted before taking on any physical activity. Individuals who suffer from diabetes or are pregnant are advised to not participate in any of the Online Programs without prior consultation of their medical doctor. The Online Programs are also not suitable for treating pathological obesity or depression. Participation in any of the Online Programs is at the User’s own risk.
2.2. If a User notices any signs of a cardiovascular disease, of respiratory problems, of a musculoskeletal disorder or of other health issues, a medical doctor should be consulted prior to the booking of any of the Online Programs in order to exclude any potential risks of the participation. The participation in the Online Programs can never be a substitute for a medical exam or treatment. The Provider does not provide any medical advice.
2.3. Moreover, the User should never overextend himself in the context of the participation in this Program and should refrain from jerky movements when performing the shown exercises in order to minimize the risk of injury from the outset. The User acknowledges that, apart from this, he participates in the Online Programs at his own risk.
Offer and scope of services
3.1. The Provider offers its multimedia Online Programs against the payment of a one-time usage fee or a recurring subscription fee to all Users worldwide under the conditions specified in these T&C.
3.2. The type and scope of the services available to the User in the context of the Online Programs, details regarding the available functions as well as their availability may be viewed on the Website at any time. The main component of the Online Programs is the intangible provision of information on the topics of nutrition, activity and motivation for individual retrieval via the Internet for a limited period of time. The Program contents are provided to the Users exclusively in different digital formats (e.g. via the Website or another software, via email, as pdf files or as video stream). The video recordings selected for display shall always be transmitted continuously to the device of the User (so-called “streaming”) for which an active internet connection is required. Storing the videos for the purpose of permanent possession (“download”) or the delivery of the Programs’ contents on a data carrier shall be excluded.
3.3. Access to the Online Programs shall be open to the User for the duration of the Online Program that the user has chosen to purchase, starting on the day of successful payment for the Online Program (hereinafter referred to as “Usage Period”). If the User grants access to PDF files with the purchase of the Online Program, access to the files is not restricted.
3.4. If the Provider issues coupons for the free or reduced-price usage of the Online Programs (“Discount coupons”), such coupons shall only entitle the User redeeming them to use the Online Programs for a predetermined period of time to the extent specified in connection with the coupon. The Provider reserves the right to change, terminate early or discontinue a free or reduced-price coupon period at any time without giving reasons and without being required to make any advance announcement or to adhere to a notification period. The free or reduced price usage of the Online Programs by means of a coupon shall also be subject to the User’s registration with the Provider or the purchase of any of the Online Programs respectively. After the expiry of the free or reduced coupon period the services provided to the User free of charge or reduced in price shall be automatically terminated.
3.5. Discount coupons shall only be valid within the respectively specified promotion period. The present T&C shall apply accordingly also to the participation in the Online Programs for a price reduced usage by means of a discount coupon.
3.6. If, in addition to its paid offers, the Provider also provides contents and/or functions via the Website that can be used free of charge, such provision shall be subject to unannounced changes and/or discontinuance at any time or to a future continuance of the provision against a separate fee only. In addition, the Provider shall not be responsible for the completeness and/or accuracy of any contents and services offered free of charge. Apart from this, statutory warranty regulations shall apply in case of any shortcomings of the Online Programs.
3.7. In order to be able to participate in the Online Program or to use the contents provided via the Website, the User must fulfill the necessary technical requirements at his own expense. He shall bear the cost for Internet access as well as any arising connection costs; such costs are not included in the services of the Online program. The Provider is currently not aware of any limitations regarding the interoperability or compatibility of the Online Program with the hard- and/or software components currently available on the market. The Online Program can be used with all common Internet browsers in their respective latest version on desktop, as well as on Android and iOS mobile devices. If at all, only older versions as far back as the second latest browser version are supported. However, especially due to potential security risks, it is recommended that the User always update his Internet browser before using the Online Program. Should the general technical standards in the Internet and, therefore, the technical standards of the Online Program as well, change in the future, the User will have to adapt to these changes at his own expense.
3.8. Through the provision of the Program contents for retrieval via the Account, the Provider has fulfilled its contractual obligation to provide the services owed. The Provider shall not be responsible for any loss of the provided data outside the Provider’s control, occurring, in particular, during the transmission of said data via the Internet. The same shall apply to the security of the User’s data transmitted via the Internet.
Purchasing Process
4.1. In order to get access to any of the Online Programs, the user needs to make a purchase in the online store on the website providing his full name, a valid email address, a physical address and one of the available means of payment. After the successful purchase the user will receive access to the Online Program, i.e. through download links to the respective PDF files. The user also receives a purchase confirmation to the email address provided. 4.2. Since the Online Program provided by the Provider exclusively via intangible carriers is available or starts and may be used by the User immediately after the successful registration and/or purchase of the User, it is, furthermore, required for the registration and participation of the User that, prior to submitting a legally binding order, the User provide his consent to the fact that the Provider will start to fulfill the contract even prior to the expiry of the statutory revocation period the User is entitled to, and that the User acknowledge that, by giving this consent, he shall lose his right of revocation upon the beginning of the contractual performance already.
4.3. By clicking the “Place Order” button, the User submits a binding offer for the conclusion of a contract or respectively paid contract regarding the participation in the Online Program subject to the condition precedent of the successful conclusion of the subsequent payment process. The participation contract between the Provider and the User shall enter into effect once the Provider accepts the User’s offer by means of a confirmation email sent after the successful execution of the selected payment method.
4.4. The Provider reserves the right to reject individual User registrations or purchases without giving reasons.
Usage authorization
5.1. It shall be expressly pointed out to the User and the User herewith expressly acknowledges that the contents provided by the Provider in the context of the Online Program can be provided to him for a limited time only and subject to certain restrictions. The User is, in particular, aware of the fact that, unless expressly specified in these T&C, the Provider remains the holder of all the rights to the contents provided, especially to all copyright protected usage rights and other industrial property rights.
5.2. By acquiring usage access to the Online Program, the User obtains the non-exclusive and non-transferable right to retrieve and to use for private purposes the contents provided to him by the Provider via the online portal and to load them for the purpose of a private display in the RAM of his device used. The contents of the PDF files and web pages may also be downloaded, stored and printed by the User for permanent private use. However, passing on these documents to third parties shall not be permitted. Likewise, the User shall be prohibited from copying and/or archiving the videos only retrievable via the online portal. Digital file (eBook or PDF) sharing is prohibited and illegal. By purchasing any of the Online Programs offered on the website and their associated digital files, the User has been granted an exclusive right (=license) to read it’s contents. “Sharing” a digital file, by definition, involves creating a copy of the original digital file. As such, any sharing violates copyright restrictions (and license restrictions).
5.3. Any other usage of the contents provided by the Provider that is not specified in these T&C requires the express written consent of the Provider or of the holder of the respective rights. This shall apply, including without limitations, to a public display of the contents irrespective of the form, their dissemination, processing or other private or commercial exploitation.
Prices, payment and invoice
6.1. The price of the Online Program specified on the Website shall be a binding final price and include the respectively applicable statutory VAT. This shall also apply if the service of the Provider is not subject to VAT. The Provider reserves the right to change the specified participation fee for the usage of the Online Program at any time as well as, if applicable, to grant individual user groups discounts and/or other better conditions.
6.2. The fee for the participation in the Online Program agreed in the context of the registration process shall become due immediately upon the transmission of the confirmation email to the User and shall be charged to the User in advance via the payment method chosen by the User. The payment methods offered by the Provider are shown to the subscriber at the beginning of the purchasing process. Currently, the payment option is PayPal Plus which enables payment by credit card, direct debit or PayPal. The Provider reserves the right to change the payment methods offered at any time and/or to exclude specific payment methods in individual cases.
6.3. If the payment by the User is reversed after the contract has entered into effect, the Provider shall notify the User immediately via Email (hereinafter referred to as “Payment Reminder”). In this case, the User shall be obligated to transfer the overall amount due, which is specified in the Payment Reminder, within five (5) business days into the bank account specified by the Provider. However, the User shall remain obligated to pay the outstanding amount. In addition, the User shall be obligated to reimburse the Provider for any potential banking fees as well as for any other costs incurred by the Provider due to the reversal of the payment caused by the Customer (e.g. due to a lack of solvency). The Provider expressly reserves the right to assert further claims for damages.
Terms and termination
7.1. The paid usage contract regarding the participation in the Online Program shall begin immediately after the successful conclusion of the purchase process, once the Provider grants access to the Online Program, and shall have a duration depending on the contract type chosen by the user. 7.2. If the user has purchased a usage contract covering a one-time usage period, the contract between the two parties will end automatically after this set period (“program model”). 7.3. If the user has decided for a “subscription model” where he will continue to use the Online Program after the initial usage period, the contract will automatically renew for the same duration as the initial usage period and continue to do so unless the user cancels his subscription with a notice period of two (2) weeks prior to the ending of the current usage period. Cancellation needs to be done in writing, email sufficient. Example: If the initial usage period is three months, then the subscription will renew automatically for another three months and so on, unless cancelled by the user respecting the notice period. 7.4. A cancellation needs to be directed via email to: sayhi@antjesmiles.com.
7.5. This shall not affect the right to an extraordinary termination for good cause without a notice period. The Provider has good cause, in particular, if the User breaches his obligations arising from section 11 and does not change his conduct within a reasonable period of time despite a respective request by the Provider or respectively does not cure the objectionable state or repeats the breach objected to.
Notice of right to withdraw
8.1. Notice of right to withdraw
You have the right to cancel an order for goods or services. Your right of revocation starts the moment you place your order and ends 14 days from the day you receive your goods.
In order to make use of your right of revocation, you need to inform me, Antje Gallo c/o Heymann, Brandt de Gelmini CO Social Ninja, Fuggerstraße 35, 10777, E-Mail: sayhi@antjesmiles.com, about your decision to cancel the order by sending an explicit declaration (for example via post or e-mail). You can use the form for order cancellation, available for download via the below url. It is not mandatory to use this form.
In order to carry out your right of revocation it is sufficient that you send off your declaration about contract cancellation before end of the grace period.
8.2. Consequences of order cancellation
After receiving your contract cancellation I am obligated to refund you all the payments I have received from you incl. any delivery costs (not including the additional cost that arise when you choose a different option of delivery than the one that I am offering as the delivery standard with the lowest price). I need to make the refund to you immediately but no later than fourteen days counting from the day I have received your note about your order cancellation. For the refund I will use the same means of payment that you have used for the purchase transaction, unless you and I have explicitly agreed to a different means. In no case will I add any fees to the refund transaction. 8.3. Premature lapse of your right of revocation Your right of revocation shall lapse prematurely according to § 356 paragraph 5 BGB for a contract about the delivery of digital content that is not stored on a physical data storage medium if the provider (me) has started with the fulfilment of his contractual obligations after you
- have explicitly agreed that the provider shall start with the fulfillment of his contractual obligations within the grace period of the right to cancel the contract,
- have confirmed your knowledge that with you agreeing to start the fulfillment of the contract you lose your right to cancel.
End of revocation instruction
Customer Support
9.1. In case of questions and/or problems in connection with the Online Program, all users can contact the provider. E-mail: sayhi@antjesmiles.com The provider will do their best and reply to those emails as fast as possible. If the issue is connected with the software a third party provider such as PayPal, the provider itself needs to contact their support.
User guidelines
10.1. The following acts shall be expressly prohibited for all Users of the online portal:
10.1.1. passing on one’s own access data to the Online Program and/or using third-party user accounts of the Provider;
10.1.2. using software, scripts, mechanisms or other technical tools suitable for impacting the operation of the online portal or the Online Program;
10.1.3. decompiling or disassembling the Online Program or respectively the software programs it is based on, or translating them into readable source code by means of reverse engineering;
10.1.4. any commercial use of the functions and/or contents of the Online Program, in particular the complete and/or partial letting or lending of the access data to the Online Program;
10.1.5. any act of usage regarding the Online Program and/or a content provided via the Online Program that is, in itself, relevant to copyright law, in particular, the copying or dissemination of the Online Program and/or such a content, or making them publicly available, unless such acts are expressly permitted by these T&C or by the respective usage contract.
10.1.6. using the Online Program for publicly displaying the contents retrievable via the Online Program for free or against payment;
10.1.7. using the access to the Online Program, if necessary with the help of other programs or tools, for the purpose of a permanent storage and/or transfer of the contents provided via the Online Program, unless this is expressly permitted by these T&C;
10.1.8. circumventing technical measures, such as the copyright settings of the video player, provided by the Provider, the licensor or third parties, which serve the purpose of protecting the contents provided via the Online Program from unauthorized acts of exploitation;
10.1.9. any act that is suitable for impacting, in particular unreasonably burden, the functioning of the Online Program or its infrastructure;
10.1.10. removing and/or changing existing notices regarding copyrights, trademarks or other industrial property rights.
10.2. The Provider reserves the right to temporarily or permanently exclude any user breaching the present T&C from the usage of the Online Program.
10.3. In addition, the User shall be liable vis-à-vis the Provider for any loss the latter incurs due to the User’s misuse or otherwise unlawful use of the Online Program. The User undertakes to fully indemnify the Provider in such a case upon the Provider’s first request from any claims and/or demands of third parties which are asserted due to a culpable infringement of rights by the User. This shall also include any costs for legal action and attorneys’ fees. Moreover, the User shall be obligated to support the Provider in its defense against such third-party claims.
Availability and liability
11.1. The User knows and herewith expressly acknowledges that, for technical reasons, an uninterrupted availability of the Online Program cannot be guaranteed. Especially regularly required maintenance and security work, serving the maintenance and improvement of the website and the software of the third party provider, as well as unpredictable events beyond the Provider’s control occasionally require a disconnection of the systems from the Internet so that temporary downtimes may occur. The Provider shall make best efforts to limit necessary service work to nighttime.
11.2. The Provider shall bear the unlimited liability for any loss incurred due to damage to life, body or health. The Provider shall only be liable for any other loss if the Provider, its legal representative or one of its agents has breached a material contractual obligation (i.e. an obligation the fulfillment of which only makes the proper performance of the contract possible in the first place, the breach of which jeopardizes the achievement of the contractual purpose and in the fulfillment of which the User regularly trusts, so-called “material obligation”) or if the loss is due to the gross negligence or intent of the Provider, its legal representative or one of its agents.
11.3. If a culpable breach of a material contractual obligation is not due to gross negligence or intent, the liability of the Provider shall be limited to such typical losses that were reasonably predictable for the Provider at the time of the conclusion of the contract.
11.4. The limitations of liability in sections 12.2 and 12.3 shall apply to contractual as well as to extra-contractual claims and shall apply both in favor of the legal representative and the agents of the Provider if claims are asserted directly against them.
11.5. The above provisions shall not affect statutory liability due to mandatory statutory provisions, including the ones of product liability law.
Changes to the T&C
12.1. The Provider shall be entitled to change these T&C at any time.
12.2. If the T&C are being changed, the Provider shall notify the User in writing or per email. The User’s consent to the respective changes to the contract shall be deemed given, unless the User objects to the change to the T&C within four (4) weeks after receiving the change notification. In connection with the change notification, the Provider shall once again expressly point out the consequences of a failure to object.
12.3. If the User refuses to consent to the changes to the T&C affecting an existing contractual relationship, said contractual relationship shall be continued under the old conditions until the expiry of the respectively current Usage Period of the Online Program. However, afterwards, a new participation in the Online Program shall only be offered to the User under the respectively current T&C.
12.4. The respectively current version of these T&C can be retrieved by the User at any time under URL “www.antjesmiles.com/terms-and-conditions”.
Alternative dispute resolution
13.1 Alternative dispute resolution under the Consumer Dispute Settlement Act (VSBG):
Antje Gallo does not take part, and is not obliged to take part, to a dispute resolution procedure.
Final provisions
14.1. The Provider shall be entitled to fully or partially transfer any contracts with the User subject to these T&C with discharging effect to a third party. The User herewith consents to such a takeover of the contract at this point in time already. If the Provider makes use of the transfer option, the User shall be entitled to extraordinarily terminate his contract without a notice period.
14.2. All legal relationships between the Provider and the User shall be exclusively governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
14.3. If the User does not have a general place of jurisdiction in Germany or in another EU member state, is a merchant, or moves his domicile abroad after these T&C enter into effect, or if his domicile or habitual residence are unknown at the time an action is filed, the exclusive place of jurisdiction shall be Berlin.
14.4. A registration for the Online Program can be made via the Website in English.
Status: March 16th 2018