Terms of Service

Updated on April 25. 2023

 

Welcome to our website 
https://www.petrusalexandra.com 

 

  1. Introduction
  2. Privacy
  3. Terms of Use
  4. Content on Our Platform
  5. License
  6. User-generated Content
  7. Terms of Service
  8. Nature & scope of Client – Coach Relationship
  9. Service Delivery
  10. Right of Withdrawal
  11. Fees, Invoicing & Payments
  12. Disclaimers & Limitation of Liability
  13. Contact & Support
  14. Complaints Procedure
  15. Applicable Law & Jurisdiction
  16. Force Majeure
  17. Miscellaneous

 

 1. Introduction 

We are Petrus Coaching (hereinafter the “Provider”, “we” or “us”), a German trader (in German: “Gewerbe”), duly registered and validly existing under the laws of Germany by

Mrs. Irina-Alexandra Petrus

under Tax Registration Number (in German: “Steuernummer”) 36187/54728,

VAT ID No. (USt-IdNr.): DE358422761,

and with registered address at Unteramthofstrasse 6, 77815 BĂĽhl, Baden-WĂĽrttemberg, Germany.

 

We offer our services through the website and its sub-domains or affiliate sites, as well as through other tools available from time to time, such as, but not limited to digital collaboration platforms (e.g. kajabi.com, calendly.com, zoom.com,], etc.), as well as through all social media profiles and pages associated to Mrs. Alexandra Petrus and/or the brand “Petrus Coaching” (e.g. Facebook, Facebook Group, Instagram, Linkedin, YouTube, etc.), all hereinafter referred to as the “Platform”.

 

You can connect with us at Facebook Group, Facebook, Instagram, LinkedIn, etc. and contact us at [email protected] .

 

We are a service provider. It is important that you understand what this means in terms of the services that you acquire from us, and the regulatory protections available to you. We have explained this in more detail in section 7 and following, and we strongly recommend that you read that section, in particular, and the entire terms and conditions herein, carefully before using all or any part of our platform.

 

Please carefully read and consider this entire document! It contains the information you need before choosing whether or not to enter into a distance contract with us, and terms and conditions applicable to the use of our Platform and to the services that we offer, which may supplement or constitute your entire written agreement with us, as per the agreed terms of your contract with us.

 

When visiting our website, in search of a service that we can offer you, or interested in learning more about us, you are a “User” of our website. 

When you request a service on our platform and we confirm your order, as we have explained in more detail in section 8 – Nature & Scope of Client – Coach Relationship, you become our “Client”, entering into a distance contract with us i.e. concluded through electronic means of communication.

By accessing, visiting, surfing, registering on, placing an order or otherwise using or engaging with our platform (hereinafter “use”, “using”, “usage”), either as a visitor, guest user or an account holder, you agree to the clauses contained herein. They constitute the entire agreement between yourself, as user and/or client (hereinafter also “you”), on the one hand side, and us, as provider, on the other.

Please also carefully read our Privacy Notice, Cookie Notice, and any/all other notices, policies from time to time posted on our platform or otherwise communicated to you, before using our platform. They constitute an integral part of this agreement between you and us and together with these terms and conditions and any/all other notices, policies posted on our platform or otherwise communicated to you, and any amendments thereof shall hereinafter be referred to as the “Terms”. 

 

IF YOU DO NOT UNDERSTAND AND AGREE WITH ANY/ALL OF THESE TERMS, DO NOT USE OUR PLATFORM, DO NOT REGISTER ON OUR PLATFORM, DO NOT OPEN AN ACCOUNT ON OUR PLATFORM, DO NOT PLACE AN ORDER ON OUR PLATFORM AND DO NOT PURCHASE OUR PRODUCTS AND/OR SERVICES FROM US!

 

2. Privacy

    1.  Please carefully read and consider our Privacy Notice and Cookie Notice for information on our data processing practices, and tracking devices policy, and any/all other amendments from time to time posted on our website or otherwise communicated to you, before using our website. They constitute an integral part of this agreement between you and us.

 

3. Terms of Use

In order to fully use the platform, you represent, warrant and covenant that:

  1. You are 18 years of age and/or of full capacity to contract.
  2. You are only using the website for your own personal use or as a person with appropriate authority on behalf of a legal entity.
  3. You comply with all applicable laws, rules and regulations.
  4. You adhere to all our published terms then in effect.
  5. You understand, accept and agree that all communications with us will be conducted online or remotely (e.g. through another online platform, e-mail, telephone, etc.), as the online medium is of the essence of our website.
  6. You are responsible for ensuring that all persons who use our website through your internet connection are aware of these terms and that they comply with them.
  7. It is strictly prohibited to use the website in an abusive manner. An “abusive” use of the website is any use in a manner or way which is against custom commercial practices, applicable laws, rules and regulations, and in any other way which may prejudice us or our affiliates or partners. 
  8. You will not:

In order to fully use the platform, you represent, warrant and covenant that:

     
  1. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the website or any software, documentation or data related to the website (“Software”); 
  2. modify, translate, or create derivative works based on the website or any Software (except to the extent expressly permitted by us or authorized within the website); 
  3. use the website or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party;
  4. introduce or permit the introduction of any virus into our IT systems; 
  5. access all or any part of our website in order to build a product or service which competes with us; or
  6. remove any proprietary notices or labels.

 

4. Content on Our Platform

    1.  (i) Any/all content or information included, made available or communicated by us, through any means, and in any part of the world, written or oral, including but not limited to text, published materials, presentations, document creation, drafts, templates, procedures, work flows, sound, audio clips, graphics, page headers and footers, user interfaces, visual interfaces, image (static or dynamic), logos, artwork, buttons, icons, scripts, service names, digital downloads, data compilations, features, functionality, customization, computer code, software, applications, inventions or other technology, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the platform

 

(ii) As well as the compilation of any of the above, and 

 

(iii) As well as any enhancement, improvement, or modification of any of the above, and

 

(iv) Any/all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, registered or not, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world, and any/all intellectual property rights related to any of the foregoing, included, made available or communicated by us, through any means, and in any part of the world, 

 

hereinafter all of the above being referred to as “Intellectual Property Rights” or “IPRs”,

 

are and shall remain the exclusive property of Mrs. Irina-Alexandra Petrus or its licensors, as the case may be from time to time.

 

    1. You will have no rights or claims regarding our IPRs.
    2. You shall not act in any way that could infringe our IPRs. 
    3. You shall not use in your activity any Intellectual Property similar or identical to our IPRs, either as part of a name or in any other way.
    4. You shall not, without our prior written express consent, copy, extract and/or re-utilize all or any part of our IPRs.

 

5. License

    1. Subject to your compliance with these Terms, we, acting in our own behalf and/or on behalf of our licensors from time to time grant you a limited, non-exclusive, royalty-free, non-transferrable, non-sublicensable license to access and use, for personal and non-commercial purposes only, any of our IPRs. This License does not include any resale or commercial use of the website/platform, as the case may be or its contents.
    2. No content included on the website or platform, nor any part of the website or platform may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
    3. You may not misuse in any way the website or platform. You may use the website or platform only as permitted by law. The licenses to use the website or platform granted by us hereunder shall terminate with immediate effect and without any further notice being required, if you do not comply with these Terms.

 

6. User-generated Content

    1.  All content (text, photo, video, etc.) that you post to the website or platform (such as product reviews, messages sent, social media posts you tag, social media shares, or comments left on social media), hereinafter referred to as “Content” is the sole responsibility of the person who created such content.
    2.  Although we do not routinely monitor content posted by users, we reserve the right to do so and remove content that violates these Terms (or applicable law) of which we are aware, but we have no obligation to do so.
    3.  In the event that, we are held liable for the content posted by users on the website or platform, we reserve the right to sue the user in question for full compensation for the damage suffered.
    4.  Any use or reliance on any content or materials posted through the website or platform or obtained by you through the website or platform is at your own risk. If we are notified by a third party that the content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to remove such content from the website or platform without your consent or giving prior notice.
    5.  We do not encourage, support, represent or warrant in any way the accuracy of the content or users on existing content through the website or platform, they are solely responsible for such content.
    6.  By using the website or platform, you understand and agree that you may be exposed to content that may be defamatory, derogatory, inaccurate or inappropriate, or that in some cases there may be misleading posts. We will not be liable in any way for this content, including, but not limited to, errors or omissions or for any material or moral, direct or indirect harm that has been posted, emailed or transmitted, through socialization or made public in any other way through the website or platform or in any other context.
    1. You shall not use the website or platform:
      1.  in any way that violates any local, national or other laws or regulations or any order of a court of any relevant jurisdiction.
      2.  for any purpose not permitted by these Terms.
      3.  in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights.
      4.  to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind, including with respect to competitors, potential competitors, etc ..
      5.  in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor.
      6.  in any way that, whether intentional or not, promotes or incites racism, violence, hatred or physical or moral harm of any kind.
      7.  in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit.
      8.  post photos or pictures of another person without their permission (and if they are a minor, with the permission of the minor’s legal guardian).
      9.  to promote activities that are illegal or in any way conducive to the encouragement, acquisition or pursuit of any illicit or criminal activity or that may cause harm, suffering or distress to any person;
      10.  access, manipulate, damage or use non-public areas of our company’s Services, IT systems, servers or equipment or our technical delivery systems.
      11.  access or attempt to access the data of other users or penetrate, access, penetrate any of the security measures related to the Products or probe, scan or test the vulnerability of any system or network or infringe or avoid any security or authentication measures.
      12.  in any way that, intentionally or unintentionally, misleads or misleads another user or visitor of the website or platform.
      13.  introduce any malware, virus or other malicious software that harms or interferes with the operation of the website or platform, including, but not limited to, cancelbots, denial of services, time bombs, worms, Trojans, viruses or any other malicious software or hardware.
      14.  interfere with or obstruct (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mailing services or writing scripts that create content so as to interfere with or create an unjustified burden on services.
      15.  copy, modify or distribute the content of other users without their consent.
      16.  for commercial purposes other than those expressly permitted in these Terms.
      17.  circumvent the measures used to prevent or restrict access to the website or platform.
      18.  to request or provide illegal services.
      19.  collect information about other users or visitors without their consent.
      20.  gain unauthorized access to the website, the server on which the website is stored, or any server, computer, or database connected to the website or platform.
      21.  falsify any TCP / IP packet header or any part of the header information in any e-mail or post, or in any way use the Products to send altered, misleading or false source information.
      22.  scrape, crawl or store or otherwise use the website or platform or any content for phishing, spam, trolling or any unauthorized (commercial) purpose; or
      23.  to promote or support or solicit involvement in any other political, religious (recognized as organized or unorganized), cult or sect, or cause of any kind.

 

7. Terms of Service

    1. In the case of the provision of Services, such as life and health coaching services to private individuals, including but not limited to 1:1 (individual) coaching engagements, team and group coaching engagements, workshops, keynotes and other sessions, optimized and customized life and health programs, through online/remotely, in person or through hybrid means, to clients worldwide, through the platforms and/or channels, as communicated, from time to time, to the clients, please bear in mind that you are solely responsible for the information and documents communicated or transmitted in any way to us.
    2. Services that we provide to you are customized according to the details you provide to us and cannot be passed on to any third party. Any decision you make based on the Services provided by us, including through our blog, is wholly yours and we are not liable for any damages, direct or indirect, fines or any other fees or penalties which you may later incur.
    3. Please note that the transmission of requests for information or advice through the Platform, in the absence of payment, does not bind us in any way or oblige us to provide you with an answer. We reserve the right, in our sole discretion, to choose to respond to certain requests in writing, orally or through articles, while respecting confidentiality.
    4. We will not be liable for any damages, direct or indirect, arising out of the failure to provide us with all the data, failure to provide it in a timely manner or the fact that the information submitted is erroneous or incomplete.

 

8. Nature and scope of the Client – Coach Relationship

The following terms and conditions apply in relation to our Client – Coach relationship, where such Services are requested from us, and we agree to enter into and sign a contract with you:

  1. We are a coaching services provider and we offer life and health coaching services to private individuals, including but not limited to 1:1 (individual) coaching engagements, team and group coaching engagements, workshops, keynotes and other sessions, optimized and customized life and health programs, through online/remotely, in person or through hybrid means, to clients worldwide, through the platforms and/or channels as communicated, from time to time, to the clients, through our coaches and/or experts.
  2. The coaching relationship that is created with a client is construed as a partnership between the Coach and the Client, in a thought-provoking process, spread out through a predetermined period of time, designed to inspire the Client to maximize personal goals. The coaching program is designed to facilitate the creation/development of personal goals and to develop and carry out a plan for achieving those goals.
  3. We provide the coaching programs, and in doing so we act diligently, with a reasonable amount of care that is required from a professional acting in such capacity. It being clarified, that we do not have a result obligation towards the Client, and do not guarantee or promise in any way that you will attain certain or any other specific results.
  4. In addition to any other rights as provided herein or by law, we have the full right and liberty to organize the coaching program, in accordance with our experience, expertise, and acting diligently, as a professional.
  5. You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with the coach. As such, by entering into a coaching services contract with us, you expressly agree that we are not and will not be liable for any action or inaction, or for any direct or indirect result of any services provided by us.
  6. Coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat mental disorders or medical disease.
  7. Coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association or a similar body in another country or jurisdiction, and that participating in one of our programs is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health care professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and Petrus Coaching.
  8. In order to further the coaching relationship, you shall communicate honestly, be open to feedback and assistance and to create the time and energy to participate in the program as it is designed.
  9. Participating in the Program is a comprehensive process that may involve different areas of your life, including health, well-being, work, finances, relationships, education and recreation. Deciding how to handle these and other issues that may arise during the Program, incorporating coaching principles into those areas and implementing choices is exclusively your responsibility.
     

 

9. Service Delivery

1. Services shall be delivered:

  1. In the case of coaching services – online/remotely, in person or hybrid, through the platforms and/or channels as communicated to you, from time to time, and which shall be specified in your contract.
  2. In the case of any leaflet, free content available for download on our website, events which require registration - in electronic format, by providing you with a code, download link or other method that we provide and that we will communicate to you via e-mail or through other means.

2. Delivery will be made after full payment of the digital products or services, where applicable.

3. Please check constantly in your inbox as well as in the SPAM / JUNK / other / promotions / updates folders, depending on the email client you have.

4. The download link will be valid only at the moment of registration or of the payment confirmation, by email, as the case may be. If you do not immediately download the product, you will not be able to access it later, unless you go again through the registration process. It is very important that you enter a valid email address when placing your order, which you currently use, as this is where you will receive all the details.

5. In some cases, delivery of the services may entail the download of a certain software or application, for a fee or free of charge, depending on the conditions applicable to your order, which will be communicated to you before the completion of your order. If necessary, we will inform you about the available delivery methods and you will be able to choose one of these methods before completing your order.

6. We reserve the right to delay or cancel any delivery if this cannot be honored for reasons beyond our control, which include but are not limited to Events of Force Majeure, as further defined herein.

 

10. Right of Withdrawal

    1. Please note that most of the services on our platform are services for which the law does not require us to offer a right of withdrawal and, implicitly, the return of any amounts of money already paid.
    2. Our services include: (a) digital licenses (username and password access), (b) electronic documents, (c) services for which you expressly agree that the amounts paid will not be refunded, delivery being deemed completed at the time of payment in exchange for access, in the case of points (a) and (b) above, and at the time of performance of services in the case of (c) above.
    3. In exceptional cases, we may decide, in our sole discretion, to reimburse certain amounts (total or partial) based on certain particular cases, in accordance with our commercial policy, but it does not entail our liability or obligation to do so.

 

11. Fee & Payments

    1. The fees for the Services are those displayed on our platform or communicated to you at the time of completing an order, by submitting a proposal to you.
    2. The fees are expressed in euros, and are exclusive of:
      1. any VAT which may be due and payable according to the applicable legislation in force. 
      2. Any third-party fees or costs, which may be necessary in the performance of the services you have requested and acquired from us, and which shall be due and payable in addition to our fees, in order to deliver the services to you.
      3. any shipping or delivery charges, unless expressly stated at the time the order is completed. 
    3. We will be able to update the fees of the Services at any time, and such an update will replace any fees previously displayed or communicated for those services.
    4. For those services for which we cannot indicate in advance the price and / or, as the case may be, all additional costs of transport or delivery, we will contact you by email.
    5. We will issue you an invoice for the Services purchased / delivered, your obligation being to provide us with all the necessary information according to the legislation in force for us to issue the invoice - please pay special attention when entering the data, because we will not be able to modify the data from the proforma / fiscal invoices issued. In the case of payment by bank transfer, we will initially issue a proforma invoice, and after our account is debited with the related amount written on this invoice, we will proceed to issue the fiscal invoice. If you do not transfer the money within 7 calendar days, we will cancel your order and, if you wish, you will need to place a new order, in which case the prices may differ.
    6. As a general rule, we will send you the invoice for the order for services performed / delivered either in material format (on paper), or in electronic format, by email, on which we encourage you to check regularly (it is also possible that our messages end up in the SPAM / JUNK folder, so please check there as well).
    7. In the case of online payments, we are not and cannot be held responsible for any other costs incurred by you in addition to the price of the services including, but not limited to, bank transfer or currency conversion fees charged by the bank or card issuer, if the bank account / card issuing currency differs from the currency in which the transaction is made.
    8. In the case of services with a recurring monthly payment (such as subscription services, etc.), you agree from the outset that we may withdraw a monthly amount indicated at the time of placing the order. If you no longer wish to take advantage of these options, you may opt out of your subscription at any time. Please note that any amounts previously paid will not be refunded.
    9. You are fully responsible for any payment made in error, by mistake or made without exercising a right of withdrawal from our services (as in the case of recurring monthly payments). In these situations, we will not return the amounts of money already paid, being solely responsible for these payments.

 

12. DISCLAIMERS & LIMITATION OF LIABILITY

    1.  We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the website by any user, visitor, information provider or any other person or entity. You acknowledge that any reliance on any such advice, opinion, statement, or other information shall be at your own risk. 
    2.  We are not liable for any damages caused to you as a user or to any third party as a result of our fulfillment of any of our obligations under the Terms or for damages resulting from improper use of the website. 
    3.  We are not responsible for any damage caused by any technical malfunctions of the website (e.g., inability to access any link on the website).
    4.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

 

    1.  NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 

 

      1.  FOR USE OF THE WEBSITE OR FOR ERROR OR INTERRUPTION OF USE OF THE WEBSITE.
      2.  FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS. 
      3.  FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
      4.  FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. OR
      5.  FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

    1. These Terms fairly allocate the risks between us, on the one hand, and you on the other. You acknowledge and agree that the pricing of our Services reflects this allocation of risk and the limitation of liability specified herein and that we would not enter into this agreement without such allocation and limitation.

 

    1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF OUR WEBSITE COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S).  YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY US WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

    1. You agree to bring any claim (including negligence) in connection with any of the Services only against us, and not against any individual, however described.

 

13. Contact 

    1.  You can contact us at the email [email protected] in the "Contact" section of the website for any questions or concerns you may have.
    2.  We endeavor to resolve matters either through email at [email protected] or through chat support, or video-chat conversations with one of the members of our team. However, if your matter requires an escalation, please follow the Complaints Procedure in section 14 below.

 

14. Complaints Procedure

    1.  Should you find that you need to make a complaint, please write an email addressed to [email protected] . Enter the subject line: “I have a complaint” and add your full name (and, where applicable, the account that complaint relates to on the platform). In the body of the email, please describe as much as possible the nature of the complaint, including when the issue happened and who you had been dealing with in our team. After you send your complaint email, you will receive an acknowledgement email from us within 2 business days. We will respond within a few days (no later than 3 business days from your acknowledgement email). This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.
    2.  Please note that we are not obliged to respond to requests for information and advice received through the Platform in the absence of payment of the value of those services.

 

15. Applicable Law & Dispute Resolution

    1.  This document represents a legal contract concluded on distance, accepted by simply clicking on it and it is subject to German law.
    2. We will all try to resolve any disputes or misunderstandings that may arise, amicably. To the extent that amicable settlement will not be possible, disputes shall be settled by the competent German courts, which shall have exclusive jurisdiction.

 

16. Force Majeure

    1. Non-performance by either party of their respective obligations is excused if that party proves that the non-performance was due to force majeure event.
    2. In these terms “force majeure” shall mean an impediment beyond a party’s control and that it could not reasonably be expected to have taken that impediment into account at the time of the conclusion of the contract, or to have avoided or overcome it or its consequences. Force Majeure shall include, but not be limited to war, civil war, revolution, riot, governmental measures, strike, lockout, epidemic, pandemic, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.
    3.  In case of a Force Majeure event, our obligations shall be suspended. 
    4.  The party who fails to perform due to a Force Majeure event shall give notice to the other party of the impediment and its effect on its ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, it is liable for damages resulting from such non-receipt.
    5. If within 30 (thirty days from the date of the occurrence of the force majeure event, the event does not cease, either us or you will have the right to notify the other party of the full termination of our contract without any of us being able to claim any damages.

 

17. Miscellaneous

    1. These Terms together with our Privacy Notice and Cookie Notice constitute the entire agreement with respect to access to and use of the website and/or platform. Our obligations, if any, with regard to our website or platform are governed solely by the agreements pursuant to which they are provided and nothing on our website or platform should be construed to alter such agreements, unless we explicitly state we are acting or allowing you to act contrary to these Terms.
    2. You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances in any jurisdiction worldwide. These remedies are in addition to any other remedies we may have at law or in equity. The failure by us to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
    3. If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. 
    4. Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. 
    5. No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
    6. All notices under these Terms will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
    7. We may change this document at certain intervals, and we will decide which is the best way to notify Users (pop-up, push notification, e-mail, etc.). We therefore recommend that you visit this page to always read the latest version.

 

 

Terms of Service prepared by spotlegal.io