General terms and conditions

General Terms and Conditions, Online Program "WE ARE ATHLETES" 

WAA Sports GmbH
Am Krögel 2
10179 Berlin


1. Scope of Application

1.1. The law of the Federal Republic of Germany shall apply exclusively in its currently valid version, in particular §§ 305 ff. BGB and 312 ff BGB.

1.2. These General Terms and Conditions (GTC) apply to all contents offered by WAA Sports GmbH, Am Krögel 2, 10179 Berlin (provider) on the website www.we-are-athletes.com, primarily for the sports and nutrition program (program).

1.3. By registering for the program, the interested parties acknowledge the validity of these GTC (in the currently valid version) without reservation and thus become athletes and contractual partners.

By concluding the purchase contract, the athlete accepts the following  GTC. Agreements which deviate  from these GTC shall require the express written confirmation from the provider. The athlete waives the application of his own terms and conditions. Any counter confirmations by the athlete with deviating terms and conditions are hereby expressly contradicted.

1.4. In addition to these GTC, the provider informs the athletes about the privacy policy, which can be viewed here.


2. Participation Requirements and Important Information

2.1. The program is only suitable for people in generally good state of health.

2.2. The program is not suitable for the treatment of pathological obesity.

2.3. Pregnant woman, diabetics or patients with cardiovascular problems ensure extensive prior consultation with the respective specialist.

2.4. Any interested party should consult their physician regarding the applicability, benefits and potential risks prior to starting the program.

2.5. All given recommendations and plans provided do not replace medical advice or medical treatment.

2.6. All use of the program is at your own risk.

2.7. The content provided on the website is not a substitute for advice or treatment by a licensed physician. Thus, the provider accepts no liability, if the information on the website  and provided advice  are misused for the purpose of  self-diagnosis or self-treatment contrary to ist explicitely communicated purpose of use. The same applies in the case that, on the basis of the information provided, a necessary consultation  of a licensed physician is omitted. The provider accepts no liability for content provided on his website if it is not intentional or grossly negligent misinformation. In view of the general informational nature of the offer, liability in cases of slight negligence is excluded.

2.8. Program participants ensure that all recommendations and guidelines are carefully studied and strictly adhered to.

2.9. Participation in the Program is explicitly recommended only from the age of 18 years.


3. Offer and Scope of Services

3.1. The provider offers the program to all interested parties worldwide. The valid price shall be paid in advance (according to the offered payment possibilities).

3.2. Details of the online program and related services may be viewed at any time under ‘my account‘ (dashboard) on the program website.

The aim of the program is to provide customer tailored content  in the areas of sports, nutrition, exercise and other related topics.

The contents are transmitted via the internet in digital form.

The video recordings selected for playback are always transmitted continuously to the terminal device of the athlete (‘streaming‘).

Saving the videos for the purpose of their permanent possession ("Download") or the delivery of the program contents on a data medium is excluded.

3.3. Access to the online program will only be granted to the athlete for the online program duration selected by him on our website, as well as for a subsequent re-entry phase, starting the day after the successful completion of the online program payment process (hereinafter referred to as "Period of Use").

3.4. If vouchers of the provider are to be issued for free use of its online program, these vouchers entitle the athlete, who is redeeming them, solely for use during the period and scope defined in the voucher.

The provider reserves the right to change, prematurely terminate or completely discontinue a free voucher period without prior notice or setting a deadline and without giving reasons. A prerequisite for the free use of the online program by means of a voucher is also the registration of the athlete at the provider. After expiry of the free voucher period, the benefits granted to the athlete free of charge end automatically.

3.5. Discount vouchers are valid only within the specified promotion period. Incidentally, the present GTC also apply accordingly to a discounted participation in the online program by means of a discount voucher.

3.6. Should the provider also provide free-to-use content and/or functions via the website beyond its fee-based offers, this is subject to unannounced changes and/or discontinuation at any time or to an separate payment for he provision. In addition, the provider assumes no responsibility for the completeness and/or accuracy for all content and services offered free of charge. Incidentally, in the case of any defects in the online program, the statutory warranty applies.

3.7.  In order to participate in the online program and to use the content provided via the website, the athlete has to fulfill  the required technical  preconditions at his own expense. He has to bear the costs of access to the internet and any connection costs incurred. These are not included in the services of the online program. At present, the provider is not aware of any IT restrictions  for hardware and/or software components currently available on the market. The online program can be used with all current internet browsers in the current version on both desktop and mobile devices. However, not least because of possible security risks, the athlete is advised to always update his internet browser before using the online program. Should the general technical standards in the internet and thus also those of the online program change in the future, the athlete has to adapt to these changes at his own expense.

3.8. By providing the program contents for retrieval via the account created by the athlete, the provider has fulfilled his contractual obligation to perform. The provider is not responsible for any loss of data. The same applies to the security of the athlete's data transmitted via the internet.


4. Registration

4.1. In order to use the online Program, a charged registration of the athlete is required, stating a valid e-mail address, a personal password, an offered form of payment  as well as the consent to the present GTC and the privacy policy of the provider. The Provider stores the data provided by the athlete as part of the registration process and, upon successful completion of the payment process, sends an appropriate confirmation to the stated e-mail address.

4.2. Since the online program offered by the provider, exclusively on non-corporeal data carriers, starts and can be used by the athlete immediately after his successful registration, the athlete's registration and participation requires, before placing an legally binding order, his consent to the provider that he can already start with the execution of the contract prior to the end of the athlete's statutory withdrawal period and that the athlete confirms being aware of loosing his right of withdrawal with the beginning of the execution of the aforementioned contract.

4.3. By clicking on the ‚Order’ button the athlete makes a binding offer to conclude a fee-based contract to participate in the online program under conditions precedent that the subsequent payment process is successfully completed. The participation contract between the provider and the athlete then comes about by the fact that the provider accepts the offer of the athlete by means of the confirmation e-mail sent immediately after successful completion of the desired payment method.

4.4. The provider reserves the right to refuse individual registrations of athletes without giving a reason.


5. Athlete's Account

5.1. Immediately upon successful completion of the registration, the athlete will have access to his individual athlete's account (hereinafter referred to as "Account")  for the agreed use. There, he/she has the opportunity to provide further personal data (height, weight, target weight and name), which are also stored by the provider.

5.2. With his e-mail address and his chosen password, the athlete will always have access to his account and the online program via the login area on the website.

5.3. Under the section "My Account" the athlete can manage his personal data (name, password and e-mail address). All information given by the athlete beyond the data requested during registration is voluntary.

5.4. The personal account of the athlete is protected against access by other persons by the self-chosen password.The athlete is obliged to keep his password confidential and secret and not to refer it to third persons and to ensure that third parties do not gain access to it. A transfer of access to the online program to third parties and / or their authorization to use the account of the athlete is expressly prohibited. The athlete is solely responsible for ensuring that his access data are not unlawfully used by third parties to gain access to the online program. If the athlete has a suspicion that his/her access data have been lost or stolen or in case of any irregularity or the usage of the personal account of the athlete by third parties, he is obliged to immediately inform the provider and to change the password for his account.

5.5. During the use of the online program, the athlete is always permanently logged in (‘Soft Login‘) until he logs out actively by means of a logout or until the corresponding browser cookies are cleared. The athlete is aware of the fact that in principle there is a risk that third parties can gain access to his account and all personal data stored therein, if they have access to a terminal device registered by the athlete. The athlete knows furthermore that a logged-on device may also be exchanging data  with the provider in the background without its active use, as a result of which the data volume, provided to the athlete from his internet service provider, can be used and possibly be impaired. The athlete is therefore advised to actively log out of the online portal after the end of each use of the online program.

5.6. If the athlete does not purchase access to the online program once again within six (6) months following the the expiry of the previous period of use, the provider is entitled to irrevocably delete the athlete's account and all athlete's data stored therein.


6.
Usage Authorization

6.1. The athlete is hereby expressly informed and hereby expressly acknowledges that the content offered by the provider in the context of the online program is made available to him only for a limited time and with certain restrictions. In particular, the athlete is aware that all rights to the content provided, in particular all copyright usage rights and other industrial property rights, remain with the provider, unless these GTC explicitely regulate it in a different way.

6.2.  By purchasing a user access to the online program the athlete gets the simple and non-transferable right for access, use and download of contents to the memory of his terminal device, which were offered to him by the provider via the internet portal, for personal playback for the duration of the contract type, which the athlete had chosen. The content of the PDF documents and websites may also be downloaded, stored and printed by the athlete for permanent private use. A transfer of these documents to a third party is not permitted. Likewise, any reproduction and/or archiving of the videos, which are available only via the online portal, is forbidden.

6.3. All other not mentioned uses of the content offered by the provider require the express written consent of the provider or the respective right holder. This applies in particular, but not exclusively, for a public reproduction of the contents, in whatever form, their distribution, editing or other private or commercial exploitation.


7. Prices, Payment, Invoice

7.1. The prices of the various contract models for access to the online program stated on the website are binding final prices including the statutory value added tax at the current rate. This also applies if the service of the provider is not subject to VAT. The provider reserves the right to change the stated participation fee for the respective use of the online program at any time and to possibly grant discounts and/or other discounted conditions to individual athlete groups.

7.2. The one-time fee or monthly payment for participation in the online program according to the selected contract model as part of the registration process is due immediately upon submission of the confirmation e-mail to the athlete and will be charged to the athlete in advance, via the payment method chosen by him. The payment methods offered by the provider are displayed to the subscriber at the beginning of the respective registration process. Currently, the payment can be made either by Paypal or in advance. The provider reserves the right to change the payment methods at any time.

7.3. In the event that a payment of the athlete is rescinded after the conclusion of the contract, the provider will inform the athlete immediately via e-mail (hereinafter referred to as ‘payment reminder‘). The athlete is then obliged to pay the total amount given in the payment reminder within 5 working days to the account specified by the supplier. In the case of a reversed payment, the provider is entitled to temporarily block the athlete's account. However, the athlete remains obliged to compensate the claim due. In addition, the athlete is obliged to reimburse the provider for any bank charges and any other costs incurred by the provider as a result of the cancellation of the payment by the athlete (for example due to lack of creditworthiness). The provider expressly reserves the right to assert any further claims for damage compensation.


8. Terms and Termination

8.1. The license agreement for participation in the online Program starts with the activation of the online program by the provider immediately after successful completion of the registration process. The duration depends on the contract model chosen by the athlete.

8.2. If the athlete has chosen the contract model for a one-time period of use, the contractual relationship will end automatically after the expiry of the term. ("Program model").


9. Cancellation Policy

9.1. Right of Withdrawal

You have the right to withdraw from this contract within a period of fourteen days without giving any reason. The period is 14 days from the date of the conclusion of the contract.

Your revocation shall be addressed by letter, fax or e-mail to the following address:

WAA Sports GmbH
Am Krögel 2
10179 Berlin

9.2. Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, sind Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, spätestens 14 Tage ab Widerrufseingang zurückzuzahlen.

9.3 Weitere Informationen

More information about revocation and the money-back-guarantee can be found here.


10. Customer Service

10.1. All athletes of the online program will have access to the customer service provided by the provider for questions and/or issues related to the online program.

10.2. Frequently asked questions and problems can be resolved regularly with the help of the answers in the instructions & FAQs of the fitness plans.


11. Athlete’s Guidelines

11.1. The athlete's access to the online program is assigned to him personally and is non-transferable. He may therefore only be used by the athlete who has registered under his e-mail address or name with the provider. The athlete has to keep his password safe and to protect him from any misuse. The athlete is aware that he can be held liable for any damages incurred by the provider as a result of unauthorized disclosure of his access data to third parties for which he is responsible.

11.2. The athlete agrees not to misuse his access to the online portal. A misuse of the online portal is particularly present if the athlete attempts to gain access to the provider's systems without permission, to modify, delete, suppress or render data unusable or in any other way deliberately violates these terms and conditions.

11.3. The provider reserves the right to temporarily or permanently exclude athletes who violate these terms and conditions from using the online program.

11.4. In addition, the athlete is liable to the provider for all damages caused to him by the athlete's improper or otherwise unlawful use of the online program. The athlete agrees to indemnify the provider in such a case from any claims and/or claims of third parties on the first request in full, which are made by them because of a culpable violation of law by the athlete. This also includes  costs of legal action and legal fees. The athlete is further obliged to assist the provider in the defense of such third-party claims.


12. Availability and liability

12.1. The athlete is aware and hereby expressly acknowledges that for technical reasons, no permanent availability of the online program can be guaranteed. Regularly required security work that serves to maintain and improve the online offer and unpredictable events that are not the responsibility of the provider, require temporary disconnections of the systems from the Internet. Therefore, it can lead to time-limited downtime. The provider strives to reduce necessary downtime on night time.

12.2. For damages due to injury to life, body or health, the provider is liable without limitation. Furthermore, the provider is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

12.3. The liability due to mandatory legal regulations, including those of the Product Liability Act, remains unaffected by the above-mentioned regulations in any case.


13. Changes of the GTC

13.1. The provider is entitled at any time to change these terms and conditions.

13.2. In case of a change of the GTC, the provider will inform the athlete about this by    e-mail. The athlete's consent to the contract changes is given if the athlete does not object to this change within four weeks of receipt by letter.

13.3. The current GTC version can be accessed by the athlete at any time here.


14. Final provisions

14.1. The provider is entitled to assign all or part of the contracts falling within the scope of application of these GTC to the third party with a liberating effect. The athlete hereby agrees to such a contract. In the event that the provider makes use of this transfer possibility, the athlete has the right to terminate his contract with extraordinary notice.

14.2. All legal relationships between provider and athlete are governed exclusively by German law.

14.3. Exclusive jurisdiction is Berlin.

 

As of March 1, 2017