Terms of Service
GENERAL TERMS AND CONDITIONS
§ 1 Scope of application
These General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract for all business relations between us EMS Business Academy UG (limited liability) and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
§ 2 Contract agreement
Contract language is English.
Conclusion of contract
a) The following regulations about the conclusion of the contract are valid for orders of
electronic products via our website https://ems-business-academy.com.
The sales transaction of the digital products is handled by the store provider elopage. As soon as you click on a “buy now” button on one of our products, you will leave our website and be redirected to our individual elopage sales page. elopage is a service of: elopage GmbH, Kurfürstendamm 182, 10707 Berlin.
The seller of our digital products is namotto academies & friends GmbH & Co KG , Uhlandstrasse, 10719 Berlin, Germany. This is therefore also your contractual partner. In case of conclusion of a contract, a contract with the seller namotto academies & friends GmbH & Co is concluded. The seller of the product is responsible for the correct payment processing.
Since the customer buys his product via this platform and it is also made available via this platform, the terms and conditions of namotto or elopage also apply.
§ 3 Registration
The selected coaching/event/seminar or membership (hereinafter subscriptions) is booked via the booking system of elopage. You will automatically receive a booking confirmation by e-mail upon receipt of your registration. For changes to the contract, the date of the conclusion of the contract is decisive. The conclusion of contracts as well as their amendments and/or supplements require the written form. The user undertakes to register with his first and last name, his current valid address and an e-mail address ready for use. The use of invalid registration data is prohibited and may result in criminal prosecution. In addition to the General Terms and Conditions (GTC) of the EMS Business Academy, the GTC of elopage or namotto apply to registration.
Right of withdrawal
You have the right to revoke this contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us (EMS Business Academy UG (Haftungsgbeschränkt), Falconstr. 9, 64372 Ober-Ramstadt, Germany, phone 0163-3354450, E-Mai: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use a model withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke the contract, we shall reimburse you for all payments we have received from you, including delivery costs, without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
§ 4 Fees
For events/coaching/training/subscriptions, the first payment (total amount or starter package plus first monthly installment for subscriptions) is due immediately. Subsequent installments for subscriptions will be collected monthly by elopage. All conditions of elopage (General Terms and Conditions and Data Protection of elopage) shall apply.
§ 5 Cancellation, withdrawal and rebooking
Cancellations and rebookings are only possible in written form. For the rebooking of an event/coaching or training, a new date can be booked. Events/coachings or trainings cannot be cancelled. Subscriptions have a minimum contract period of 12 months. Subscriptions can be cancelled monthly at the end of the month after the minimum contract period of 12 months. If a subscription is not cancelled in time, it will be automatically extended by one month at the end of the term.
The right of the organizer and the subscriber to terminate the contract in writing or text form for good cause remains unaffected.
§ 6 Liability
Liability for personal injury and property damage during the training courses is excluded to the extent permitted by law. Participation in the training and further education courses is at the participant’s own risk.
§ 7 Booking confirmation
The first installment invoice or the complete invoice shall be deemed to be the booking confirmation. The EMS Business Academy shall in no case be liable for the forwarding of directions, changes in course times and locations, especially if the booker and participant are not identical.
§ 8 Changes and cancellation
The EMS Business Academy reserves the express right to make changes, cancel or shorten dates without replacement for good cause. The participants will be informed in time and the fees will be credited.
§ 9 Copyright
The teaching materials and contents (teaching videos, downloads and exams) of the EMS Business Academy are protected by copyright and are only intended for the personal use of the participant within the scope of the booked service. Passing on the materials, even in part, is not permitted without the permission of the EMS Business Academy. Bartering, copying, duplication or overdubbing, broadcasting, other use or toleration thereof is prohibited and will be prosecuted under civil and criminal law. Violations may be punished with fines of up to € 3,000.
§ 10 Photo and video recordings
The EMS Business Academy may carry out photo/video recordings and use these for subsequent advertising purposes. By registering, the participant basically agrees to be photographed or filmed during such photo/video actions and that the EMS Business Academy acquires the rights to the recordings. The photos and films may be used by the EMS Business Academy for subsequent advertising purposes without any further claims on the part of the participant. If the participant does not agree to this, he/she must inform the EMS Business Academy of this in writing before the start of the seminar.
§ 11 Technical requirements for online events
The participant requires a PC, Internet access and a current Internet browser to conduct the online events. Cookies and Java Script must be activated. A DSL line is recommended. If you do not have these technical requirements, participation may be impaired. The online courses are offered via the Zoom live platform. The data protection provisions of the Zoom platform and any other legal bases are to be taken from Zoom and agreed to if necessary. The EMS Business Academy does not assume any liability or warranty for the use of the online offer if the aforementioned requirements are not met.
§ 12 Access data to the online program
Each contractual partner and each participant shall immediately notify the EMS Business Academy in writing of any change of address, telephone number, name and any change in status or bank details. A transfer of rights and access data to third parties is excluded. If the access data or rights are passed on, this will result in the blocking of access.
§ 13 Final clause
Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
§ 14 Jurisdiction
German law shall apply exclusively. The place of performance and fulfillment is Darmstadt. The place of jurisdiction is Darmstadt.
§ 15 Price, errors and changes in dates subject to change.
Status: December 2019
- Sacha Collet - Owner EMS Lounge Gundelfingen Germany
- Joanna Hołysz - CEO Core Studio 20 Poland
- Jens Vatter - International Master Trainer Gluckerkolleg
- Luca Bargellini - miha bodytec Italy
- Benedikt Waldner - CEO EMS-Lounge Germany
- Kostas Vougioukas - Owner Fast Fitness Greece
- Roland Stromenger - Owner 25 Minutes Cologne Germany
- Jessica Sußner - Studio Manager Körperformen Feucht & Herpersdorf Germany
- Marcel Kentenich & Sammy Pesenti - CEOs Körperformen Germany
- Sebastian Authenrieth - International Master Trainer Gluckerkolleg
- Michael Kiel - Owner Fitbox Berlin Germany
- Conny Schuh - Managing Director Munich Sports Pty Ltd, Sydney, Australia
- Carsten Pachnicke - CEO 25 Minutes Germany
- Stephan Türk - Owner of several EMS studios Germany
- Alexander Raum - Owner Fitraum Germany
- Luba Habermann - COO Bodyimpuls Germany
- Anna Relleke - Club Manager Körperformen Germany
- Iris Hauck - Owner Körperformen Ludwigsburg Germany
- Matteo Monti - Impulse Fit Italy