Standard Business Conditions
Fitness for All Plan for GoSilhouette APP
Version: May 2016
The following General Business Conditions („GBC") are valid for all digital content offered by Fitness for All Plan UG (liability limited -„UG"). When accessing this content which is provided exclusively in digital form (via download of the APP from the app store of a third party according to its standard business conditions) these GBC will become part of a binding contract. All other general business conditions, if any, of the buyer shall not be accepted, unless they have been expressly confirmed in writing by the UG.
The minimum age of customers for concluding the contract shall be 18 years provided that the customer has reached the full legal age according to laws of his/her <A[her|his]>country of residence, otherwise the majority age of this country shall be authoritative.
The UG expressly reserves the right to rescind the contract with customers, whose body weight deviates<A[deviating|differing]> considerably from the average body weight. In this case the payment received shall be reimbursed.
2. Rights of the UG
All image rights belong to the UG or its partners. A use of these images is not permitted without the explicit approval of the UG. As far as our digital content is protected by copyright or neighbouring rights, these rights belong to the UG. They may be used exclusively for own private purposes. This applies in particular to our fitness and nutrition plans.
The customer is obliged to refrain from any actions suitable to illegally use our digital content, whether it is protected by copyright, trade mark law or in any other way. This includes, without being exhaustive, copying and/or distribution and/or public performance of digital content provided by us being protected by copyright, <A[flag|mark|marker|token]> trade mark law or other provisions of intellectual property law.
Any infringements shall be prosecuted under civil and criminal law. The unlawful exploitation of works<A[factories|works]> protected by copyright under German law shall be punished by imprisonment of up to three years or with a fine. The attempt is punishable (§ 106 copyright law).
3. Duties of the customer during use<A[application|utilization]> of the training and nutrition plans
The fitness and nutrition plans may not be used without the individual advice and supervision by a fitness coach as well as a nutrition consultant and, if required, not without a medical consultation by a doctor. These requirements are exclusively a matter of responsibility of the customer. Only when precisely complying with the plans, the intended success can be achieved.
In case of physical complaints, health impairments of any kind, illnesses, intolerance of food or other components, allergies or in the case of a pregnancy a personal consultation with an appropriate specialized doctor is required before using our plans.
The exercises are explained with pictures in the fitness plans. Every customer is obliged to stop exercises, when sensing unpleasant physical strain.
4. Prices and payment
The simplified test version is free of charge. Otherwise the applicable prices will be announced before using the APP. Payments are made via the app store visited by the user. The APP offers the following choices of the length of use:
If the user has an electronic device permitting the automatic prolongation, he/she may prolong the use of the APP after expiration of the agreed contract duration by one month each, if this setting has been activated.
5. Restriction on use, non - exclusive right of use
Until complete payment is received our digital content must not be used. Transmission of our data to any third party is prohibited, as the copyright and any other industrial property rights as to the digital content belong to the UG and its partners. Regarding the digital content, the customer receives only a non - exclusive and time limited right, for his/her own use.
6. Range of services, language, warranty
The customer is herewith informed that despite careful examination in each individual case both the fitness and the nutrition plan may remain without any effect due to the physical situation of the customer. The UG cannot be held responsible for it. The same applies to errors of the customer when buying the food required for the recipes and when cooking the meals.
Fitness and nutrition plans are made available exclusively in German and English. In case of doubt the German version shall be binding.
All plans are focused on the individual needs of the customer. This does not exclude that similar or identical plans are constructed for persons with comparable needs.
Nutrition plans are constructed after evaluation of the data entered when using the APP. If the user modifies the data, the nutrition plan can be modified. Otherwise the legal provisions on warranties shall apply.
7. Fitness for All Plan Community
Being part oft he Fitness for All Plan Community („Community“) shall only be possible when using the chargeable APP. It is possible to post texts, photos as well as comments or add „likes“.The UG shall be entitled to erase comments and photos with content subject to criminal law, in particular of offensive or insulting nature and exclude users from the Community not observing these rules.
Titles granted for successful use of the APP are valid only within the scope oft he APP, but are invalid beyond ist scope.
Category: My Results
Photos showing the user before and after use oft he APP are only accessible for himself, unless he/she grants access to others by him/herself.
The texts are written according to our best knowledge. Nevertheless we cannot accept any liability for their content.
The UG shall be liable without limitation only for gross negligence and intent, irrespective of the legal cause.
For slight negligence the UG shall only be liable for breach of such duties, <A[injury|violation]>which are essential for the customer (fundamental duties), in such cases, however, for an amount limited to the foreseeable and typical damages.
These limitations of liability limitations<A[limitations|restrictions]> apply also in the case of negligence of employees, proxies and vicarious agents or legal representatives of the UG.
These limitations of liability do not apply in the case of<A[in the case of|with]> injuries to persons and any liability according to the product liability law, unless these damages are caused exclusively by the customer by disregarding item 3 of these SBC.
8. Data protection
Personal data of the customer are collected and used by the UG. The type and extent of the data collection and use are described in the data protection policy<A[declaration|explanation]> of the UG, which can inspected at www.gosilhouette.com.
9. Instruction on revocation rights for digital contents
Right of revocation
You are entitled to revoke this contract within fourteen days without indicating any reasons. The time limit expires fourteen days from the day the contract has been concluded.
In order to exercise your right of revocation, you have to inform us (Fitness for All Plan UG (liability limited) mail: Fitness for All Plan UG (haftungsbeschränkt) Stichelfeldstraße 3, 61350 Bad Homburg v. d. H. E-Mail: Fitnessforallplan@outlook.com) by means of an unambiguous declaration<A[declaration|explanation]> (e.g. a letter sent via mail or by e-mail) of your decision to revoke this contract. You may use the model form of revocation attached as exhibit to these SBC, which, however, is not mandatory. In order to observe the time limit for the revocation, it will be sufficient that you send the communication on exercising your right of revocation prior to the expiration of the time limit.
Consequences of a revocation
If you revoke this contract, we shall have to refund to you all payments we received from you including the costs of delivery (with the exception of the additional costs resulting from your choice of another way of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we received your communication of revoking this contract. We shall use the same means of payment for this refund that you used during the initial transaction unless something different was expressly arranged with you; in any case we shall not charge you anything for arranging the refund.<A[remunerations|rewards]>
Exclusion of the right of revocation
The right of revocation expires also in the case of<A[in the case of|with]> a contract for the delivery of digital content not contained on a physical storage medium, if the UG has started to fulfill the contract, once the consumer (customer)
i) has expressly agreed<A[Agreed|Consented]> that the UG shall start fulfilling the contract before the time limit for the revocation has expired
ii) has confirmed his/her knowledge<A[knowledge|knowledge]> that he/she shall lose the right to revoke the contract by approving that the UG shall start fulfilling the contract.
End of instruction on the right of revocation
Download/print instruction on right of revocation as PDF
10. Final provisions
If one or several provisions of these SBC are or will become invalid, the effectiveness of the remaining provisions shall remain unaffected thereby.
The laws of the Federal Republic of Germany shall apply exclusively excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention).
If the customer is not residing within the European Union, Iceland, Norway or Switzerland and does not have a general place of jurisdiction in Germany, venue shall be Frankfurt am Main, Germany.
It is agreed that all declarations concerning this contract can be made in electronic form.
Contract language shall be German, even if our website is operated multilingually or the contract is concluded in another language. The SBC in English are a translation. Should a controversy<A[controversy|difference]> arise concerning its content, the German version of the SBC shall be authoritative.
The SBC in its actual version can be downloaded from our website www.gosilhouette.com.
Model revocation form
(If you want to revoke the contract, please, you fill this form and return it to us Please consider, however, item 9 of our SBC regarding the exclusion of the revocation right)
Fitness for All Plan UG (liability limited)
61350 Bad Homburg v. d. H.
I/we (*) herewith revoke the contract concluded for the purchase of the following goods (*)/ the provision of the following service (*)
ordered on (*)/received on(*)
name of consumer(s)
address of consumer(s)
signature of consumer(s) (only in case of communication on paper)
(*) please delete as appropriate
» Download/print SBC as PDF
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