The following terms and conditions apply to the use of services provided via the online access on the homepage
1. subject matter of the contract
1.1 The subject matter of the contract is the availability of video recordings for instructive, individual support during fitness training.
1.2 The service to be provided is limited to the provision of video material for training programs that are made available via online access (login). The training program overviews serve to control the individual training. The customer is enabled to stream training videos via this login. A permanent download is not provided.
2. technical requirements
2.1 The customer must have at his disposal the installation of a current, up-to-date Internet browser so that the technical availability of the video material is guaranteed. The customer must also keep software available for playing video material.
2.2 The customer is informed that restrictions or impairments of the services may arise which are outside the sphere of influence of SMISS-TRAINING. This includes in particular uninfluenceable technical conditions of the Internet as well as force majeure. The hardware, software and technical infrastructure used by the customer may also have an influence on the services and availability of video material. Insofar as such circumstances have an influence on the availability or functionality, this has no effect on the services provided in accordance with the contract.
3. contract term
3.1 The contractual relationship shall come into existence upon registration on the homepage and order of the training program. The access data will be sent to the customer immediately after registration to the e-mail address provided by the customer. Until the first login, the contractual relationship can be revoked by the customer at any time and in any form free of charge.
3.2 The contract is valid indefinitely. The activated training programs can generally be streamed for an unlimited period as long as SMISS does not make any program changes, at least for a period of 6 months from the date of the order. The contract can be terminated in an orderly manner with a statutory period of notice. The right of the contracting parties to terminate the contract for good cause without observing a period of notice remains unaffected. An important reason exists if a contractual partner grossly violates the obligations expressly regulated in this contract or if, for example, the server is switched off.
An important reason also exists if the customer, for example, performs acts of reproduction of the video material in violation of copyright. In this case, SMISS-TRAINING reserves the right to block the online access provided.
4.1 There is a fee for the provision of online access. The respective applicable fees shall be derived from the presentation of the training offers. The prices include the statutory value-added tax.
4.2 The fee is payable in advance. Payment shall be made via PayPal. SMISS-TRAINING reserves the right to offer other payment methods, such as the immediate transfer option. The possible payment modalities are indicated in the respective order process. The fees do not include a support service from SMISS-TRAINING.
5. data protection
SMISS-TRAINING guarantees the data protection security of the data provided by the customer and observes the legal regulations on data protection. SMISS-TRAINING hereby informs the customer to collect, process and use personal data insofar as this is necessary for the execution of this contract. SMISS-TRAINING will treat as confidential all information and data made available to it by the customer in the course of the execution of this contractual relationship. After termination of the contract, SMISS-TRAINING will delete the customer data.
The statutory warranty regulations apply. SMISS-TRAINING will remedy defects with regard to the retrievability of video material including other documents within 3 working days after notification by the customer. The same applies to other disruptions to the possibility of using the platform, insofar as these do not affect Internet access itself.
7. obligations of the customer to cooperate
The customer prevents unauthorized access by third parties. The customer must keep the access data made available to him secret and take care of it. Access data may not be made available to third parties unless expressly agreed by the parties.
8.1 SMISS-TRAINING shall only be liable for intent and gross negligence. SMISS-TRAINING shall only be liable for slight negligence if an obligation is breached the observance of which is of particular importance for achieving the purpose of the contract (cardinal obligation). Otherwise, any claim for damages shall be limited to the foreseeable damage typical of the contract.
8.2 SMISS-TRAINING shall not be liable for damage to the customer's health or overload, in particular not for damage resulting from incorrect, non-indexed or personally exaggerated training procedures based on the video material provided. It is recommended to always seek medical advice before carrying out the training programs.
9. property rights
The customer is advised that the material made available for retrieval is subject to copyright protection and may not be distributed or publicly displayed without the consent of SMISS-TRAINING. Any act of reproduction is prohibited.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Oral or written collateral agreements do not exist.