General Terms and Conditions (AGB)
The user agrees to these Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to the use of the services of the Provider on the MeClub website e.g. at https://www.branture.de, all domains of MeClub referring to these Terms and Conditions as well as for the mobile apps for IOS and Android devices (- hereinafter referred to as "MeClubApps").
- general provisions
MeClubApp refers to the services of Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin, Germany ("Provider"). You can find more information about MeClubApp and Branture 01 GmbH in the imprint on the website and within the App.
The Provider offers users information on the development of routine concepts in everyday life and on various areas of fitness, nutrition and motivation / mindset. The subject of this contract is the use, free of charge or against payment or financed through advertising, of the services offered by the Provider under the name MeClub through its website https://www.branture.de, other MeClub websites or through software applications (hereinafter referred to as "Services" or "Service"). If the user wants to use a mobile app to use the Services, he can find out at https://www.branture.de whether the Provider offers a mobile app for his terminal device or for the operating system of his terminal device. If a Service is subject to a charge, this is explicitly indicated.
Service can basically be used on all platforms or devices supported by MeClubApp. Limitations, especially technical ones, can be found in the respective offer presentation.
The use of the Services does not require registration. Using the basic functions of MeClubApp is initially possible without registration. A registration in MeClubApp can be done later.
By registering with MeClubApp, the user accepts these Terms and Conditions for the use of the Services. If the user accesses the Services via App and has downloaded MeClubApp from the App Store of a third party or accesses the content via an audio/video or assistant platform (such as Google Home), the respective terms and conditions of the App Store or platform shall apply in addition; in the event of contradictions, these Terms and Conditions shall take precedence.
When downloading and using MeClubApp, especially in third party networks or abroad, the user may incur transmission costs of his Internet access provider.
To use the Services, you must be 18 years old and have full legal capacity and the child must have been born at least 7 weeks ago. The Services are directed exclusively to consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. The use of MeClubApp for commercial or other commercial purposes is expressly prohibited.
- Services with costs
Some Services of MeClubApp require the payment of a fee. The scope of the Services contained in MeClubApp and usable by the user depends on whether and which Services are used free of charge or against payment. If the Services are used free of charge, the user has access to certain basic functions and information of the respective Services. An extended range of functions is available to the user if the Services are activated for the user as part of a subscription. MeClubApp provides an overview of the available paid Services, their fees, scope of services, restrictions and terms in MeClubApp. Payment of the fee only entitles the user to access the Services available or visible in the offer presentation. All of the fees mentioned are understood to include the applicable value-added tax.
The individual steps of purchasing paid Services can be found in the descriptions within the third party App Store, MeClubApp or the website https://www.branture.de. With an order the user makes an offer. Just by pressing the order button no purchase contract for the paid content is concluded. Only after successful payment and the corresponding electronic confirmation, the order is considered accepted and the sales contract is concluded. Acceptance can also be implied, in particular by activating the chargeable services.
MeClubApp offers the option to unlock the entire content of MeClubApp with one payment. The MeClubApp offers subscriptions with different minimum terms. With the activation of the paid content the user receives the right to use it permanently for his own, non-commercial purposes on all devices connected and compatible with his App Store account. Any further use - in particular publication on the Internet, as well as the unauthorized copying, distribution or making available of the contents via the Internet, whether free of charge or against payment - is not permitted. The same applies to transcribing the contents, removing copyright information and source references as well as other editing or manipulation of the download. The granted rights of use are not transferable or sublicensable and are subject to full payment. Uses permitted by copyright law are not restricted.
The Provider is entitled to revise, update or otherwise change the content at any time if this should be necessary for technical, legal or content reasons.
The Provider shall keep all purchased digital data available for download for a reasonable period of time. However, unlimited data backup and data availability cannot be guaranteed. The user should therefore save his downloads locally on connected end devices in parallel. The user will be informed expressly and in advance if the content can no longer be made available for download by the Provider.
The Provider of the App Store can influence the duration or renewal, or their available paid services. Depending on the App Store, fee-based services may expire at the end of the agreed term without requiring a termination, or the respective contract term may be extended indefinitely or for a corresponding period of time. Details can be found in the terms and conditions or the respective offer presentation of the App Store. The App Store offers the possibility to terminate paid services via a corresponding menu item.
If fees cannot be collected and if the user is responsible for the event causing the collection, the user shall bear all costs arising therefrom. If payments made are charged back or the user fails to pay fees, MeClubApp is entitled to block all or access to individual services from MeClubApp.
The Provider can offer paid services to users for a certain time free of charge. Which user can participate in a test offer is at the sole discretion of the Provider. The Provider may change the scope of Services of the test offer or terminate the provision of a test offer at any time.
The Provider reserves the right to change its business model at any time and, for example, to provide certain or all Services only against payment. The respective fees are published in the MeClubApp. The user is free to terminate the use of the Service or to decide to continue using the Service for a fee.
We reserve the right to assert further claims for default of payment.
- rRght of withdrawal for consumers
If users are consumers in the sense of § 13 BGB, the following right of withdrawal applies.
3.1 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must inform us at Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin, E-Mail: firstname.lastname@example.org, by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the Services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the Services already provided by the time you inform us of the exercise of the right of cancellation with respect to this Agreement compared to the total scope of the Services provided for in the Agreement.
END OF THE REVOCATION INSTRUCTION
Sample cancellation form
(If the user wants to cancel the contract, the user creates an e-mail or letter with the following content and sends it to the provider)
Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin E-Mail: email@example.com
I/we herewith revoke the contract concluded by me/us () for the purchase of the following goods ()/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 notification on paper) Date (*) Delete as applicable
- Rights and duties of the user
The MeClubApp, the Services and content available through it are not made available to the user for commercial use, but only for personal use. It is not permitted to transfer the user account to third parties. The user may only use MeClubApp for his own private purposes. The user must choose a secure password which he/she may not have used for any other service.
Furthermore, the user is not permitted to do so,
to use chargeable services simultaneously on several terminals, unless such use is expressly permitted within the framework of the respective offer presentation;
to pass on the data sent for authentication and identification to third parties or to make access data used for authentication and identification available to third parties
to enable third parties to view or access the Services, e.g. an unspecified group of people by using the Services in public areas (such as cinemas, theaters, exhibitions, workshops, showrooms, hotels, bars, restaurants or other public spaces);
to use access control systems to chargeable services or other measures to use or circumvent services without authorization;
to assign or transfer rights or obligations arising from these General Terms and Conditions (GTC) to third parties.
Use of MeClubApp may be restricted to persons who meet certain requirements (e.g., age of majority). The user is responsible for ensuring that the Services are only available to people who meet these requirements. In particular, the user agrees to comply with the applicable provisions on the protection of minors from content harmful to minors.
When using MeClubApp and its Services the user has to consider contractual agreements with third parties, especially with his internet access provider or the App Store operator.
The user is solely responsible for his actions on MeClubApp as well as on the website and therefore for content or data he publishes within the Services. In particular, he/she undertakes not to secure, publish, transmit or distribute any racist, insulting, discriminating, harassing, defamatory, sexual, pornographic, violence glorifying or other illegal content, persons or representations. Furthermore, the user is expressly informed that it is prohibited to use legally protected terms, names, images, videos or other materials. Furthermore, the user is obliged to take appropriate measures to prevent unauthorized use of his data, especially passwords, by third parties. He/she undertakes to inform the provider immediately of any noticed or suspected unauthorized use of his/her account.
The user undertakes not to deliberately provide the data of third parties (including e-mail address) as his own. In particular, he undertakes not to fraudulently provide the credit card data or bank details of third parties. Furthermore, the user agrees to comply with all applicable laws when logging on, registering and using the services, the website https://www.branture.de or MeClubApp.
The user undertakes not to misuse the services, especially not to use them in a defamatory (e.g. defamatory (e.g. libel), offensive or otherwise illegal material or such information; not to use them to threaten or harass other persons/users or to violate the rights (including personal rights) of third parties; not to upload any data that contains a virus (infected software), generally not to upload any software or other material that is protected by copyright, unless the user has the rights thereto or the necessary consents - in which case the provider may require written proof; not to use it in a way that adversely affects the availability of the Service offerings for other users; not to intercept or attempt to intercept any messages; not to advertise other Internet portals.
Any exercises presented as part of the Services provided by MeClubApp are designed for healthy and physically and mentally resilient users. The user implements any exercises on his own responsibility. If the user suffers from diseases such as diabetes or cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular diseases, surgery or other health restrictions, is pregnant or breastfeeding, or feels unwell after the exercises, the provider advises the user to consult a doctor. The use of MeClubApp is at your own risk. The Services and benefits offered here are not medical or medical advice and cannot be used as a substitute for medical examinations or treatment.
The Provider is liable without limitation for intent and gross negligence. The Provider shall only be liable for simple negligence if his vicarious agents or legal representatives violate an obligation that is essential for achieving the purpose of the contract (so-called cardinal obligation). In this case the liability is limited to the foreseeable damage. This shall amount to a maximum of the fee paid by the user for the use of the paid Services and functions. The aforementioned limitation of liability does not apply to damages due to the absence of warranted characteristics, to injury to life, body or health, or to claims under the Product Liability Act. However, insofar as the liability of the Provider is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents.
The user undertakes to indemnify the Provider or the Provider's vicarious agents from all claims of third parties which are asserted in connection with the User's breach of his obligations under these GTC and/or the laws applicable to him and to assume all reasonable costs incurred by the Provider, including those for legal defense, insofar as the User is responsible for the breaches.
- No Guarantee
The Provider makes no assurances or guarantees that the result desired by the user will be achieved by using the respective Service. The Provider does not owe a concrete success. In addition, the result is also influenced by factors that cannot be controlled, such as physical predispositions and preconditions, so that the result can vary greatly among different people despite the same use of the Services.
- Responsibility for user-generated content
The user is solely responsible for content that he uploads within the Services. The Provider does not adopt them as his own and does not check them.
- Contract period, Termination, Repayment
Insofar as the subject of the user contract is free services, both parties may terminate the user contract at any time. For this purpose, the user will find a corresponding account deletion function in his account settings on the website and in the app. Termination is also possible by mail (Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin, Germany) or by notification to the e-mail address firstname.lastname@example.org
A termination of the contract of use by the Provider is effected by notification to the e-mail address provided during registration. Furthermore, the Provider reserves the right to refuse the user's registration without giving reasons.
The MeClubApp provides paid services. Unless otherwise stated in the respective offer, the contract of use for the respective paid service initially runs for the minimum usage period booked.
Thereafter, the user contract shall be extended by the duration of the booked minimum usage period if it is terminated by the user or by the Provider before the end of the extension period/ minimum usage period with effect from the end of the respective period.
The user can use the Services even after termination until the end of the respective period. The termination of the paid Service can be carried out if the purchase was made via an App Store, as described in the respective App Store in the subscription administration. If the subscription was concluded via https://www.branture.de or another platform operated by MeClubApp, the cancellation must be sent by e-mail to email@example.com or by post (Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin); in the case of cancellation by the Provider to the e-mail address provided by the user during registration.
The Provider can terminate fee-based services for the user for good cause without prior warning and without notice. An important reason is in particular,
- Non-payment by the customer, in particular also return debit notes caused by the customer
- violation of the code of conduct, such as uploading of racist, insulting, discriminating, harassing, slanderous, sexual, pornographic, violence glorifying or other illegal content
- Passing on of access data
- Use by the customer against medical indication
In the event of a termination of the user contract on the part of the user as well as a termination by the Provider, the repayment of any fees paid in advance is excluded, unless the user terminates the contract for an important reason for which the Provider is responsible.
After termination, all data of the user will be deleted from the MeClub database in a timely manner, as long as it is not required for the purpose of proving an illegal act of the user, beyond the termination of the contract.
- Possibility to save and view the contract text
These General Terms and Conditions can be viewed at https://www.branture.de. If the user wishes to save these General Terms and Conditions permanently on a data carrier, he can download them as a "pdf" file free of charge at https://www.branture.de. In doing so, the user must consult the instructions of the respective browser software if he needs help with saving. In order to open a "pdf" file, the user may need a special program such as the free Acrobat Reader or a comparable program that is capable of handling "pdf" files.
The user can view the remaining contract information and data in the MeClubApp. Alternatively, he can print or save the automatic order confirmation that the user receives after completing an order.
- Extrajudicial settlement of disputes
The Provider does not take part in a dispute resolution procedure before a consumer arbitration board, but is obliged to point out that the European Commission operates a platform for extrajudicial online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr.
- Final Provisions
The Provider is trying to enable a trouble-free operation of MeClubApp and to keep it available as much as possible. However, it is pointed out that a complete or uninterrupted availability is technically not feasible. Therefore, the Provider does not guarantee a trouble-free operation or a certain availability. Furthermore, there is no claim to the maintenance of individual functionalities of the App itself that are used free of charge. The Provider is - as long as there are no contractual obligations to the contrary - entitled at any time to change or remove content, services and functionalities provided within the MeClubApp and to make new content, services and functionalities available or to stop developing the App as a whole. In this respect, the Provider also reserves the right to issue separate terms and conditions for new service offers or to add and change free additional features.
The Provider is entitled to entrust third parties with the provision of the agreed Services, in whole or in part, at any time. Furthermore, the Provider may transfer his rights and obligations to one or more third parties.
Agreements between the Provider and the User that deviate from these GTC must be in text form in order to be valid; this also applies to a waiver of the written form requirement.
The place of jurisdiction is Berlin, if the user does not have his domicile or usual place of residence in Germany or moves there or if the user is not a consumer in the sense of § 13 BGB. MeClubApp is also entitled to sue at the user's general place of jurisdiction.
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties by a valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole in the regulations.
- Data Protection
The Branture 01 data protection guidelines are available under the link https://www.branture.de and are part of this contract.
Status July 2020