Disclaimer and Terms of service

§ 1 scope
(a) The following terms and conditions regulate the contractual relationship between BeMyFitnessMate (“provider”) and you (“customer”), with the version valid at the time the contract is concluded.
(b) By placing the order, you agree to these General Terms and Conditions (GTC). Deviating terms and conditions of the customers are not accepted.
(c) Please read the terms and conditions carefully before using a BeMyFitnessMate service.
(d) If the customer intentionally or unintentionally violates these terms and conditions and the provider does not react immediately, the provider is still entitled to make use of his rights at a later point in time during which the customer violated these terms of sale.
(e) If one or more provisions of these terms and conditions become ineffective, the rest of the provisions remain binding.
(f) These terms and conditions apply to both private customers and business customers, unless differentiation is specified in the respective paragraphs.
(g) On BeMyFitnessMate we offer the services of arranging training partners.
(h) The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany.
(i) The exclusive place of jurisdiction for payments as well as all disputes arising between the provider and the customer from the contracts concluded between the parties is the provider’s registered office, provided that it is the customer’s
– a merchant,
– a legal person under public law or
– a public law special fund
acts.
§ 2 Offer and conclusion of contract
(a) The contract language is English.
(b) BeMyFitnessMate does not offer any services for purchase by minors. If the customer is under 18, the service on www.BeMyFitnessMate.de may only be used with the cooperation of a parent or legal guardian.
(c) The use of BeMyFitnessMate requires registration.
(d) A contract is only concluded when the customer signs the registration (electronically) and thus accepts the currently valid version of the GTC. With the registration, a contractual relationship arises between BeMyFitnessMate and the registered customer, which is based on the provisions of these terms and conditions.
(e) Images and other documents that belong to the non-binding offer of the provider are protected and remain the property of the provider. They are only approximate unless they have been expressly designated as binding by him.
(f) With the conclusion of the contract, the registered customer can enter into a further contractual relationship with BeMyFitnessMate that is separate from the registration. The customer will be informed about the respective chargeable service and the terms of payment before a further contract is concluded. The conclusion of the contract begins when the customer confirms the order and payment obligation by clicking the button “order for a fee”.
(g) The invoices are made available in the customer’s user account on the website.
(h) The scope of services of BeMyFitnessMate consists of a free placement of training partners. In order to be able to use the full service via the free brokerage, the customer needs a chargeable extension.
§ 3 terms of payment
(a) In order to use the BeMyFitnessMate service, a free registration including the creation of a user account is required.
(b) If the customer would like to use the chargeable extension, the chargeable will be pointed out beforehand. This includes the extended scope of services, the costs incurred and the terms of payment.
(c) By registering, providing the information required for the payment process and using the chargeable service, the customer authorizes the provider to collect the corresponding amount within 7 days of the conclusion of the contract for the extended service.
(d) Payment can be made in the following ways:
– stripe
– wise transfer
– Bank Transfer
§ 4 duration of the contract
(a) The paid service is automatically extended by one month (subscription), unless canceled 7 days before the end of the month by email.
(b) The subscription is withdrawn on the first day of each month.
(c) If the customer defaults on payment, the provider reserves the right to restrict the service and further assert the damage caused by default.
§ 5 Registration and termination

(a) The customer declares that, to the best of his knowledge, no member of his household (including the customer himself) has a criminal record for an intentional crime that could endanger the safety of third parties. This primarily includes crimes against sexual self-determination, against life, against physical integrity or blackmail.

(b) A user account is intended for the sole and personal use of the registered customer and the customer may not authorize third parties to use this account. A customer is also not allowed to transfer his account to third parties for money or free of charge.

(c) A customer is entitled at any time to unsubscribe in writing by email at the end of the month without giving a reason. For this, the customer must provide the full name, the email address and the address. This terminates the contractual relationship that has been concluded.

(d) BeMyFitnessMate can terminate the contract at its own discretion with or without prior notice and without giving reasons at any time. BeMyFitnessMate still reserves the right to remove the customer’s profiles. If BeMyFitnessMate terminates the customer’s registration and removes the customer’s profile, BeMyFitnessMate is under no obligation to inform the customer of the reason for the termination.

(e) Customers are obliged not to intentionally or fraudulently provide false information in their profile or other accessible areas of the website. Failure to do so may lead to civil action against you. Furthermore, the provider grants himself the right to terminate the existing contractual relationship with immediate effect in such a case.

(f) After the end of the contract, BeMyFitnessMate will delete all of the customer’s data.

§ 6 Limitation of Liability for Services

(a) BeMyFitnessMate does not check any information provided by customers and therefore assumes no responsibility for the content and correctness of the customer’s registration and profile data.

(b) With regard to the service offered, the contract is concluded exclusively between the respective customers involved and BeMyFitnessMate. All matters and relationships between the customers must be clarified between them. BeMyFitnessMate cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind (services, (in-) direct damage.

(c) BeMyFitnessMate is only liable for bodily harm and property damage if it is based on an intentional or negligent breach of duty by BeMyFitnessMate.

(d) If the customer uses files that do not comply with current legislation, the provider reserves the right to delete these files in whole or in part.

§ 7 cancellation policy

(a) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(b) Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period for services is 14 days from the day the contract is concluded. To exercise your right of withdrawal, you must contact BeMyFitnessMate:

BeMyFitnessMate

Rebecca Kittel

Kreuzstr 2

31785 Hameln

Germany

rebecca@bemyfitnessmate.com

You must send us a clear statement by post or email and inform us of your decision to withdraw from this contract. If you make use of this option, we will promptly send you a confirmation of the revocation (e.g. by email).

In order to meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired.

(c) Consequences of the withdrawal

If you have not yet used BeMyFitnessMate services and you want to revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within 14 days from the day on which the declaration of your revocation was made received us. The repayment will be made with the same means of payment that was used for the original transaction. Only if something else has been agreed can it be repaid in another way. Beyond that, no additional repayment fees will be charged.

However, if the service has already started before the cancellation period has expired, you have to pay us a percentage amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the use of the right of cancellation with regard to this contract compared to Corresponds to the total scope of the services provided for in the contract.

(d) Exceptions to the right of withdrawal

The right of revocation does not apply to services that have been performed: if BeMyFitnessMate has provided this service in full and you, as the customer, have taken note of the order and have expressly agreed that we should perform the service and you will lose your right of revocation if the contract has been fully fulfilled.

§ 8 data protection

(a) Since personal data (e.g. name, address, email address) are collected, we undertake to obtain your consent in advance. We would only pass on data to third parties if you, as a customer, have given your consent.

(b) Security gaps can occur when data is transmitted over the Internet (e.g. by e-mail). Fault-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability is excluded in this regard.

(c) Contact data may not be used by third parties for commercial activities.

(d) You have the right to inquire about BeMyFitnessMate at any time and to receive information that you have saved in full and free of charge.

(e) In addition, there is a right to the correction or deletion of data or restriction of processing for the customer.

(f) Further information can be found in the data protection declaration.

§ 9 cookies

(a) We use cookies to display the user profile; this service is not possible without cookies. Cookies are files made up of small text blocks that are saved locally in the cache of the individual Internet browser of the visitor to the site.

(b) Cookies are used on numerous websites and servers. Cookies contain so-called cookie IDs: unique identifiers for the cookie. These identifiers consist of a character string, which can be used to assign specific Internet browsers, Internet pages and servers in which the cookie was stored. This ensures personal recognition.

(c) A distinction is made between two types of cookies. On the one hand, there are session-related cookies that are transferred from our server to your computer and automatically deleted from your hard drive at the end of the browser session. Permanent cookies on the other hand, as the name suggests, remain on your computer and enable us to use your computer and therefore you! easy to recognize on your next visit.

(d) You can object to the storage of cookies.

(e) You can of course set your browser so that either no cookies are saved on your computer or cookies that have already been saved are deleted. How this can be implemented can be found in the help function of your browser.