General terms and conditions
General terms and conditions
1. Scope of Application
Services provided by cooperation partners or third parties may be subject to additional terms and conditions stipulated by partners and/or third parties. In these cases, the user will be advised of this separately. The contractual relationship on the provision of third-party services via www.easy2coach.net is concluded exclusively between the user and the relevant third party.
Any questions and statements the customer may have regarding the customer’s contract with PORTAL or the services provided by PORTAL can be sent via the contact form (available from each page of the PORTAL) or by mail.
2. User Group, Availability and Terms of Payment
The offers and services of PORTAL are accessible to everyone without any restrictions. Memberships are free of charge for the first ten days. Thereafter, the use of certain services may require a charge. The portal offers four options for registered users:
a) A restricted coach forum which is free of charge (hereinafter “free membership”), and
b) A restricted offer including additional functions and requiring payment of a charge, and
c) A restricted offer including further functions and requiring payment of a charge, and
d) A restricted offer including all functions and requiring payment of a charge.
Details about the applicable fees for the various memberships are set forth in the PORTAL websites under “prices”. The fees listed are binding. The fees for the membership type (b), (c), and (d) are charged for the entire membership term and shall be due immediately. Payment can be made using the various debiting procedures available, in particular, using accepted credit cards or online. If fees cannot be collected, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. PORTAL may deliver invoices to the User for the membership fees by email. For the period of 6 months from the date of invoice, the invoices are made available by PORTAL for download.
With the exception of the options provided by PORTAL, any use of services or content offered on PORTAL websites requires the prior written consent by PORTAL. For the use of certain services and offers, the User has to disclose personal data during a registration process. PORTAL shall provide individual services and offers only to adult users. By using this site, you confirm that you are an adult and you will grant access only to adults.
The use of the services offered requires the prior written consent of PORTAL. PORTAL is entitled to temporary or permanently amend, extend and terminate offers and services of www.easy2coach.net at any time. Any services used by the User are subject to termination provisions.
PORTAL shall, within the scope of its technical and organizational capacity, endeavour to provide a daily uninterrupted 24-hour-access to www.easy2coach.net. The User acknowledges and agrees that it is technically impossible to achieve 100% availability. Events related to maintenance, disruptions in public communication networks, force majeure or attacks by hackers, may result in brief malfunctions or temporary interruptions of the services provided by PORTAL. The users do not have any rights to demand continuous and uninterrupted accessibility of the PORTAL www.easy2coach.net or individual offers and services. Any liability for loss of data is expressly excluded, with the exception of wilful misconduct, or a wilful and material breach of this agreement by PORTAL. No liability is accepted in cases of default by customers, such as loss of password and misuse by third parties.
PORTAL may use the user name and/or user’s club affiliation and/or user’s club membership at PORTAL for advertising purposes.
3.1 User’s Obligations
The user is obliged to comply with any legal provisions and may not use offers and services provided by www.easy2coach.net for illegal purposes. Any distribution or transmission of illegal content, especially pornographic, blatantly violent, discriminatory or offensive content, is prohibited. Offers and services provided by www.easy2coach.net may not be used by any users for commercial purposes. The transmission of bulk advertising material, unsolicited e-mails, spamming, or viral marketing is prohibited. The same shall apply to activities whose purpose is to render the site www.easy2coach.net functionally defective or affect services and offers of www.easy2coach.net. The User is obliged to indemnify PORTAL for all damages arising from a violation of the above mentioned obligations or third party rights. This shall pertain to indirect damages and property damages as well. The User shall indemnify Easy2Coach GmbH against any claims by third parties as a result of such violation, unless the violation is not attributable to the User.
3.2 Registration / Conclusion of Contract
Users must register prior to using any of the services on the PORTAL websites. The User warrants and represents that all of the data provided by the User during the registration process are accurate and complete. The User agrees that he wants to receive easy2coach news and coaching tipps via email. This notification can be changed within the user setttings at any time. The User shall report any changes in the registration data to PORTAL without undue delay. The User is not allowed to use a pseudonym or alternate names. The User must provide an assurance that he is an adult at the time of registration. The User chooses a password during the registration process. The User is obliged to keep this password secret (see references to password security). PORTAL shall neither disclose the password to third parties nor ask for the User’s password at any time. By completing the registration process, the User consents to enter the agreement to use the services of the PORTAL websites. PORTAL accepts this offer by activating the membership for the use of services on PORTAL websites. The agreement takes effect with the aforementioned acceptance by PORTAL. Each User is entitled to register with PORTAL and create a user profile only once. It is technically impossible for PORTAL to determine with certainty whether any user registered with the PORTAL websites is in fact the person he or she represents to be. Therefore, PORTAL assumes no liability for the actual identity of a user.
References to password safety:
- Password protection for all User identifications
- Strict secrecy
- Minimum length: 6 digits
- Use of the entire available character set
- Avoid trivial passwords
- Manual input (no function key assignment)
Criteria for secure passwords:
- 6 to 8 characters and at least 5 different characters
- Use different character classes (small and capital letters, digits, special characters, control characters)
- Instead of “erpel” use „erbH,-el“
- Use the first letters of the words in a sentence
- All words which are shorter than 6 characters
- All words of languages contained in lexicons such as encyclopaedia
- Names of persons, places, and streets
3.3 Right of Cancellation for Consumers
If a user is registered at PORTAL for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (Sect. 13 German Civil Code):
3.3.1 Right of Cancellation
The User may cancel registration for the membership in writing (e.g. by letter) within two weeks without reason. The two-week period begins with the membership activation by PORTAL, but not before the receipt of these written instructions or before the conclusion of the contract or the compliance of our duty to inform in accordance with section 312d Par. 3 BGB (German Civil Code) in connection with section 1 Par. 1, 2 and 4 BGB-InfoV. The timely dispatch of the cancellation shall be deemed sufficient for compliance with the cancellation term. The cancellation notice should be sent to:
The User’s right of termination under section 7 shall not be affected by the User’s cancellation right under this section 3.
3.3.2. Premature Lapse of the Right of Cancellation / Special Instructions
In accordance with section 312d Par. 3 BGB (German Civil Code), the User’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases:
• If PORTAL has initiated the provision of services for which the User is registered and with the express consent of the User before the end of the cancellation term, or
• If the User has initiated the PORTAL services for which the User is registered (e.g. the User has accessed the PORTAL services that PORTAL has made available to the User in accordance with the type of Membership chosen by the User at the time of registration).
3.3.3 Consequences of Cancellation
In the event of a valid cancellation, and in accordance with legal provisions, any benefits and gains (e.g. interest) received shall be returned. If the User is unable or partially unable to return the services received, or only able to return such services in impaired form to PORTAL, the User must reimburse PORTAL for the corresponding value. The User must comply with any reimbursement obligations within 30 days after dispatch of the cancellation notice. The period of notice begins for the User with the dispatch of his/her cancellation notice, and for PORTAL with its receipt.
End of cancellation instructions.
4. Accountability for Content
PORTAL shall check that all content, information and services published on www.easy2coach.net are correct, complete and up-to-date. However, PORTAL or its employees do not warrant completeness and/or topicality. The information provided is not binding. Where appropriate, content, information and services on www.easy2coach.net are provided by partners of PORTAL or third parties. Third party content is indicated by references or notices such as “provided by” or a logo. The admission of third party content on www.easy2coach.net and the corresponding notice shall not constitute any recommendation or warranty of PORTAL. PORTAL is not responsible for such content. These providers are not agents of PORTAL. If the User accesses third party websites via links on www.easy2coach.net and/or other domains, the providers of these websites are solely responsible for their own content. PORTAL expressly dissociates itself from these websites and does not adopt their content as its own. PORTAL expressly excludes any liability or guarantee for content of linked pages. PORTAL expressly declares that it has absolutely no influence over the presentation and content of linked sites and expressly dissociates itself from these websites and does not adopt their content as its own. Furthermore, other websites may be linked from the PORTAL website by a hyperlink without the knowledge of PORTAL. PORTAL expressly dissociates itself from presentation and content published on third party websites.
PORTAL expressly dissociates itself from content, banner or other advertisement spaces which are uploaded and stored by third parties or users. To the extent legally permitted, any liability and representation regarding such content is expressly excluded. This also applies for cases, in which content uploaded and stored by Users infringes intellectual property rights (trademark rights, copyrights, etc.) or privacy rights of third parties are violated by such content.
4.1 Accountability for Content uploaded and stored by the User
The User shall not be allowed to upload and publish any content of third parties to www.easy2coach.net which is protected by copyrights, patents, or registered trade marks or otherwise protected, such as images, videos, animation, text or drawings.
The User is responsible for any content made available to the public or transmitted by the User on www.easy2coach.net. The User shall ensure that any content is legal, does not violate applicable laws and/or infringe upon any third party rights.
5. Limitations on Liability
Pertaining to corporate customers, the liability of PORTAL, its legal representatives, directors or other agents for non-fulfilment of contractual obligations is limited, unless damages are caused by wilful misconduct or gross negligence. In the event that essential contractual obligations are violated, PORTAL is liable for culpable conduct by its legal representatives, directors or other agents. The same shall apply to claims pertaining to the Product Liability Act.
PORTAL is only liable towards consumers for wilful misconduct and gross negligence. In the event of a breach of material contractual obligations, payment default or impossibility of performance attributable to PORTAL, PORTAL is liable, however, for every culpable conduct of its employees and agents. The same shall apply to claims pertaining to the Product Liability Act.
Liability shall be limited to the amounts of damages that can be reasonably foreseen at conclusion of the contract, unless the legal representatives, directors or vicarious agents of PORTAL have acted intentionally or with gross negligence.
Save cases of wilful misconduct and gross negligence of its legal representatives, directors and other vicarious agents, PORTAL shall not be liable to compensate indirect damages, including, but not limited to, loss of profit.
Any exclusion and limitation pertaining to corporate customers or consumers set out above shall not apply in case of an express warranty by PORTAL nor to damages from death, physical injury to body or health and in the case of statutory legal regulations.
The above limitation of liability shall also apply in the following cases:
- Attacks from the Intranet or Internet (hacker attacks, modification of data and computer sabotage as stipulated in the German Penal Code, section 303a StGB)
- Complete or partial loss of data after a system crash
- Complete or partial loss of data due to faulty or inappropriate use of the software
- Through serious faults of the software, if an update for the software is available, but has not been downloaded. The User is obliged to maintain the software, in particular, if Easy2Coach GmbH has made available updates or hot fixes for download.
- Complete or partial loss of data by surrendering a password to third parties, or if a password with insufficient security has been chosen
- Easy2Coach GmbH points out, that complex software is never completely free from defects. To protect against complete or partial loss of data, Easy2Coach GmbH recommends to perform data backups on a regular basis
- The use of the software “Easy2Coach Club” requires a secure connection (VPN, SSL, etc.), in particular, if it has been agreed with Easy2Coach GmbH to operate the software on a public server. The User is obliged to choose secure passwords
6. Data Privacy and Data Security
PORTAL abides by the statutory data privacy laws. User data are treated confidentially. Data is transmitted to third parties as permitted by the data protection regulations or if the User gives his/her approval. PORTAL recognizes the extreme importance of sensible processing and handling of all personal data submitted by users to www.easy2coach.net. PORTAL is therefore careful to observe all the relevant statutory data protection regulations (German data protection laws, European data protection guidelines and any other applicable data protection law). PORTAL will not disclose personal data of the User to third parties without obtaining the prior approval of the User. Details about the handling of personal data of users are set out in the data protection provisions of PORTAL, which are accessible from each page on the PORTAL websites.
6.1 Notes for the Use of Google Analytics
The PORTAL websites use Google Analytics, a web analysis service of Google Inc. (“Google“). Google Analytics uses so-called “cookies” which are stored on your computer and enable the analysis of the use of the website by yourself. The information gathered by the cookie about your use of the PORTAL websites (including your IP address) is transmitted to a server of Google in the USA and stored on this server. Google uses this information to analyse your use of the PORTAL websites and to compile reports about website activities for the website operator and to provide services related to the use of the website and internet usage in general. If required, Google may also transmit such information to third parties, if stipulated by law or in the scope of third party processing of such data on behalf of Google. Google will not combine your IP address with other data of Google. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services of the PORTAL website may not function properly if your cookies are disabled. By using the PORTAL website, you declare your consent to the processing of personal data gathered by Google about yourself as described above and for the purposes as stated.
7. Payment / Termination / Refunds
The payment / credit system as stipulated in section 2 and under “Prices” shall apply. The User is entitled to terminate the free membership at any time, free of charge and without reason. A contact form is used for the cancellation. This contact form is accessible from every page on the PORTAL websites. For the cancellation to be effective, the User has to state his/her user name and e-mail address which has been recorded on the PORTAL websites.
User and PORTAL may terminate the fee-paying membership without giving any reasons observing a period of notice of fourteen (14) working days before expiry of the minimum use period indicated in the registration process or to the expiration date of any extension period.
The right of both parties to a termination for cause remains unaffected. PORTAL may terminate for cause, if the continuation of the contractual relationship until the expiry of the period of notice is deemed by PORTAL as not reasonable under the prevailing circumstances of the individual case and taking into account the interests of both PORTAL and the User. Good causes for termination are either one of the following events:
- Delay of payment
- Non-compliance with statutory regulations and/or breach of contract by the User
- The reputation of the services offered on the PORTAL websites is considerably impaired by the presence of the User
- The User advertises associations or communities, or their methods or activities, which are under observation by police authorities or child welfare agencies
- Other users incur damages by the User, or
- The User is a member of a sect or a religious community which is regarded as controversial in Germany
If there is cause for termination, and irrespective of the termination being effected or not, PORTAL is entitled to the following sanctions against the User:
- Deletion of content uploaded by the User,
- Written warning, or
- Blocking of access to the services of the PORTAL websites.
In the following cases, the User may not demand repayment of any fees paid in advance:
PORTAL terminates the contract for good cause and closes the access of the User for the above-mentioned reasons or the User terminates the contract. Any claims of the User for repayment of fees paid in advance are not excluded, if the User terminates the contract for a good cause which is attributable to PORTAL.
All content, information, images, databases and services published on www.easy2coach.net are copyright protected. Copyright material may be used for private purposes only. Any other use, in particular, copying, circulation or publication for commercial purposes, is prohibited. Providing links and/or representation of websites appertaining to www.easy2coach.netthrough hyperlinks (framing) is also prohibited. The offer of PORTAL is copyright protected and may not be copied, modified, transmitted, extended or otherwise used by third parties without prior approval.
Users may not create graphics, drawings, videos, and animation with the aid of the integrated character software and/or integrated animation software for the purpose of publishing outside the PORTAL easy2coach interactive or to market for commercial purposes. Without the explicit approval of PORTAL, created graphics and drawings may not be published on private or commercial websites or in print media, such as books or magazines. The use of individual icons or symbols of the software for this purpose is also prohibited. Users who wish to publish or sell created graphics, drawings, icons, and symbols of the software, require a special copyright agreement.
Non-compliance may be prosecuted by PORTAL under civil and/or commercial law.
Der Nutzer stellt das PORTAL von sämtlichen Ansprüchen frei, die andere Nutzer oder sonstige Dritte gegenüber dem PORTAL geltend machen wegen Verletzung ihrer Rechte durch von dem Nutzer in die PORTAL Websites eingestellte Inhalte oder wegen dessen Nutzung der PORTAL Websites. Der Nutzer übernimmt hierbei die Kosten der notwendigen Rechtsverteidigung des PORTALS einschließlich sämtlicher Gerichts- und Anwaltskosten in gesetzlicher Höhe. Dies gilt nicht, wenn die Rechtsverletzung von dem Nutzer nicht zu vertreten ist. Der Nutzer ist verpflichtet im Falle einer Inanspruchnahme auf entsprechende Anfrage dem PORTAL die notwendigen Informationen für eine Rechtsverteidigung zur Verfügung zu stellen.
11. Applicable Law and Jurisdiction
In the course of business with commercial or public entities or public companies, place of performance and exclusive place of jurisdiction shall be Berlin, Germany. Mandatory places of jurisdiction shall remain unaffected. The law of the Federal Republic of Germany without reference to its conflicts of law provisions shall apply. The UN Convention for the International Sale of Goods is excluded.
Regarding business with consumers within the European Union, the relevant laws of the country of the consumer may be applicable, provided that it concerns statutory consumer rights provisions. If the consumer does not have a place of residence within the European Union, the place of business of PORTAL is considered the place of jurisdiction.
12. Severability Clause
Berlin, 01 July 2009
Service-Hotline working days 0900 – 1500: +49 (0)30-88767593
Simon Görbing, Jörg Pollmeier
Registered Office: Berlin, Register Court: District Court Charlottenburg (Berlin)
Commercial Register: HRB 119477, VAT Registration Number: DE815068540