MConcepts GmbH, Ostriach 135, 9570 Ossiach (Austria)
Version: December 2018
(A) MConcepts GmbH is a limited liability company, registered in the commercial register of the Regional Court of Klagenfurt under registration number FN 300371 y, with its registered office in Ossiach and its business address at Ostriach 135, 9570 Ossiach ("Operator" or "We") and operator of the website www.skilliam.com including subdomains and partner pages ("skilliam.com").
(B) With skilliam.com, the Operator has set itself the goal of offering its users an information portal on fitness, personal coaching and a comprehensive and professionally prepared course and training offer in the form of videos, blogs, individual (live) news, fitness plans, tasks, etc. from personal coaches ("Services").
§ 1. Scope of Application
(1) These General Terms and Conditions for Users (User Terms) apply to the use of the Services offered on skilliam.com. Skilliam.com can be used against payment or free of charge. With free use the user only has access to certain functions and information, described in § 2 paragraph (3). An extended scope of use of skilliam.com according to § 2 paragraph (4) is only possible in return for a fee to the Operator.
(2) These User Terms define the conditions under which the Operator is prepared to display the contents created by third party providers ("Coach") on skilliam.com, so that they can be subscribed to by registered users ("User(s)"). These contents consist among other things of professionally prepared course and training offers about fitness, personal coaching, nutrition in the form of videos, blogs, individual (live) news, fitness plans, tasks, etc. by personal Coaches, together and individually hereinafter referred to as "Packages". Packages are individually designed by Coaches either from the aforementioned content, so that constant single, not combined content or different combined content is offered. The Packages offered by the Coaches must meet the minimum requirements described in Appendix 1 of these User Terms.
(3) Registered Users can subscribe to Packages according to § 3 ("Subscription").
(4) The use of the Services offered on skilliam.com is only permitted to persons who have accepted these User Terms and are 18 years old and fully legally competent.
§ 2. Registration
(1) In order to gain access to the Services of the Operator, registration on skilliam.com is required. On skilliam.com there is the possibility to register as a User. In order to subscribe to Packages according to § 3, the creation of an account with the User name, the date of birth, an e-mail address and a password is required. By clicking the button "Agreed" / "Register", the User gives his consent to receive these User Terms by e-mail, before an agreement on the use of the website between the Operator and User is accomplished.
(2) After receiving the e-mail according to paragraph (1), the User accepts the User Terms by clicking the button "Agreed" / "OK". By the acceptance of the User Terms, an agreement between the Operator and the registered User regarding the use of the Services offered on skilliam.com comes into effect. The Operator sends the User a confirmation link by e-mail as well as the User Terms as a PDF file. The registration is completed by activating the confirmation link. Immediately after completion of the registration, an individual user account ("Account") is available to the User. With the confirmation e-mail, the User also receives a current version of these User Terms.
(3) After activation of the confirmation link by the User, the User receives limited access to the Operator's Services. He has access to the preview of the content created by Coaches.
(4) In addition, Google's “Google Sign-In” feature is offered on our website to provide you a simple, fast and secure way to register. To use this feature, you need a Google Account or you need to create one as part of the registration process. After clicking on the button "Sign in with Google" you will be redirected to the login screen of Google. If you already have a Google Account, you can simply sign in with your email address and password. If you're already signed in to your Google Account, registration will be automatic without the need to enter your credentials. You can sign up for a new Google Account by clicking the "Create Account" button at the bottom of the sign-in screen.
(5) After payment of a fee, the User now has the possibility to use the extended functions of skilliam.com in his account. The extended functions include the possibility of subscribing to Packages of Coaches for a certain period of time for a fee, as well as to exercise all rights which the User is entitled to according to these User Terms, especially to subscribe to the Packages for a fee according to § 3.
(6) The User is prohibited from passing on any access data, passwords or account-relevant data, subscribed/unsubscribed content as well as subscribed Packages to third parties. The careful and secure administration of access data, password and other account relevant data is the responsibility of the User.
(7) In case of loss of the password as well as any suspicion of unauthorized and abusive use of the account, the User must immediately notify the Operator using the e-mail address listed under "Contact". Until then, all activities on skilliam.com are attributed to the User and are his responsibility. The User is especially liable for such damages, which are caused by the fact that third parties obtain knowledge of his password or access data through the negligent or intentional behaviour of the User.
(8) Users have the opportunity to correct their data available on skilliam.com and are required to change incorrect data or content themselves.
(9) The User has the possibility to change his role as User to Coach in the settings of his account. The role as User to Coach is changed by clicking the "Coach" button and accepting the terms and conditions for Coaches. As a Coach, content can be made available to other Users individually or in combination as Packages according to § 1 paragraph (2).
§ 3. Subscription
(1) On skilliam.com certain digital content about fitness, personal coaching, nutrition and comprehensive and professionally prepared course and training offers are displayed in the form of videos, blogs, individual (live) news, fitness plans, tasks, etc. by personal Coaches with the respective Coaches. A subscription to these Packages is concluded on skilliam.com by sending a corresponding offer to the Operator. The transmission of an offer takes place when the User either selects a Package consisting of an previously mentioned content or a Package consisting of various combined content including the offering Coach by clicking the corresponding button "SUBSCRIBE WITH COSTS", on which the payment including the legal value added tax for the subscription is shown. Such an offer is a declaration of intent on the part of the User to the Operator. The User's offer to purchase a subscription is hereinafter referred to as the "Subscription Offer". Subscription Offers contain the selected Package of a certain Coach as well as the respective fee including the statutory value added tax for the subscription of 30 days and certain legally prescribed information, which can be viewed by the User as a summary before the subscription offer is transmitted. The User must enter his full name and payment details in the corresponding fields before submitting the subscription offer. Only by clicking the "SUBSCRIBE WITH COSTS" button the User submits a binding offer to conclude a subscription.
(2) Users can submit any number of Subscription Offers at any time. The subscription comes about with an explicit declaration of acceptance by the Operator. The Operator accepts the offer to conclude a subscription by sending a confirmation e-mail to the e-mail address of the User specified when creating the account ("Subscription Conclusion"). The confirmation e-mail contains the selected Package together with the offering Coach, the indication of the fee shown on skilliam.com as well as certain legally prescribed information, in particular the information according to § 3 paragraph (6) of these User Terms.
(3) After subscription and payment of the fee for the subscription, the Package is available to the User in the respective account of the offering Coach for the duration specified in § 5 paragraph (1). The Packages are made available to the User exclusively in digital form via skilliam.com. Reproducible content is always transmitted continuously to the User's terminal device (so-called 'streaming').
(4) After the conclusion of a subscription the Coach can see in his overview which Packages the respective User has subscribed to.
(5) On skilliam.com Users also have the possibility to subscribe to membership Packages for a fee of EUR 5, EUR 10 or EUR 25.
(6) The User expressly agrees that the Coach may change or supplement the scope of the subscribed Packages after subscription. Changes / additions must comply with the minimum requirements set out in Appendix 1. Such changes / amendments do not constitute a contractual change to these User Terms in accordance with § 8 paragraph (1).
(7) If the User is a consumer within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz - KSchG) and if the contract is concluded outside business premises as defined by § 3 number (1) of the Distance and Off-Premises Business Act (Fern- und Auswärtsgeschäfte-Gesetz - FAGG), the User has the right to withdraw from the subscription within 14 (fourteen) days. However, the User expressly agrees that the Operator begins with the fulfilment of its contractual obligation, namely making the selected Packages available to the User, before the expiry of the withdrawal period of this User Terms. The User is aware that he loses his right of withdrawal with premature fulfilment of the contract by the Operator. By accepting the User Terms and clicking on the corresponding check mark in the subscription offer, the User expressly declares that the Operator will begin prematurely with the fulfilment of the contract. At the same time, the User acknowledges the loss of his right of withdrawal. An appropriate reference is indicated to the User on skilliam.com.
§ 4. Payment
(1) Payments can be made by credit card. For payment processing we work together with a payment service provider.
(2) The fee is due immediately upon submission of the Subscription Offer.
§ 5. Contract Duration and Termination
(1) The term of a subscription is 30 days and begins on the day on which the User has received the confirmation mail according to § 3 paragraph (2).
(2) The User can terminate the contract related to the use of skilliam.com at any time by appropriate explanation to the Operator via the e-mail address specified under "Contact". Alternatively, it is possible to terminate the contract related to the use of skilliam.com at any time by clicking the "TERMINATE" button in the respective account of the User. The fee for the subscription will not be refunded. The cancellation of the contract related to the use of skilliam.com will only become effective with the expiration of the longest running subscription of the User. The account as well as all subscribed contents will be deleted and removed from skilliam.com with the effectiveness of the termination.
(3) The Operator is entitled to the extraordinary termination of the contract related to the use of skilliam.com as well as the subscription,
(a) if a User has several accounts. In this case all created accounts of this User will be deleted and any further use of skilliam.com for the future, as well as any further registration of the same User will be prevented.
(b) if a User repeatedly violates the User Terms. In this case access to skilliam.com will be blocked without prior notice, and if necessary the account will be deleted immediately.
(c) if the Operator has to extraordinarily terminate the contract with the Coach due to an important reason.
§ 6. Use of the Website
Users are obliged and responsible for using skilliam.com exclusively in accordance with the applicable laws.
(2) Users are obligated to only post such data and content on skilliam.com in connection with the offered Services (topic-related). In particular, Users may only evaluate experience reports and Services of a Coach that they have actually used themselves. Furthermore, Users are only allowed to make truthful statements.
(3) Users are prohibited from using skilliam.com for the distribution of immoral and / or illegal information or to infringe rights, in particular trademark, copyright, patent or personality rights and the private sphere, as well as interests of third parties worthy of protection. Users are obliged to comply with copyright, trademark, criminal and youth protection laws when using skilliam.com.
(4) Users are prohibited from publishing, disseminating or sending content that could fall under the criminal offences of "slander", "libel", "defamation", "damage to credit" or "incitement". Furthermore, Users undertake to comply with the rules of conduct for Internet Users and other networks ('Netiquette').
(5) The Operator reserves all rights (copyright, trademark and other intellectual property rights etc.) to all retrievable content, in particular videos, texts, graphics, photos, logos / brands, designs including layout, software and their contents. The adoption of entire contributions or the distribution of contents for commercial purposes is only permitted in exceptional cases with the express consent of the Operator.
(6) Users commit themselves to refrain from any kind of advertising on skilliam.com without prior written consent of the Operator. Advertising is any kind of own or third-party advertising including the publication of contact information of third parties, links to third party websites, logos, company names, and product names. Furthermore, any direct or indirect commercial or commercial use and evaluation of the data offered by or via skilliam.com without the written consent of the Operator is prohibited.
(7) It is not permitted to upload or distribute data and content (e.g. viruses, spyware, trojans) or to perform actions that could impair the operation of skilliam.com or damage the Operator in any other way. Any use that could lead to a change in the structure of skilliam.com and the software / program data is prohibited.
(8) The Operator does not monitor the content and / or data published, disseminated or posted by Users / Coaches, as well as the usage actions performed by Users / Coaches. The Operator nevertheless reserves the right to monitor published, disseminated sent or posted content and / or data, as well as usage actions—especially in the case of appropriate notices or messages—and to remove them in the event of violation of the User Terms. There is no right to publication or deletion of experience reports, evaluations or similar.
(9) As far as the Operator is legally obliged, it is entitled to access all contents and data of Users, to transmit these if necessary to courts, authorities or other third parties and / or to delete them, in particular in correspondence with legal regulations, as well as judicial or official orders, in addition, for the purpose of ensuring the User Terms, the assertion of an infringement of rights, as well as the protection of the rights of other Users and the public.
(10) Users undertake to hold the Operator completely unaccountable and harmless if the Operator is claimed by a third party due to a violation of the User Terms.
(11) The Operator is entitled to immediately remove any data or content that violates the User Terms and / or the applicable legal system, as well as unlawful or undesirable content or data, without notifying the User and, if necessary, to take further measures.
(12) Users are required to report incorrect data or content via the e-mail address listed under "Contact". Furthermore, Users are required to report all data and content that constitute a violation of the User Terms immediately and truthfully. Reports about a violation of the User Terms or legal provisions will be reviewed by the Operator, as far as possible.
(13) Users, who repeatedly violate the User Terms, will be denied access to skilliam.com without prior notice, and the account may be deleted immediately.
§ 7. Disclaimer of Warranty and Liability
(1) The Operator is only liable for material damage and financial damage in the case of intent and gross negligence. This does not apply in the case of breach of the main contractual obligations. The Operator is only liable for its own content in the event of intent or gross negligence and only to the extent that this is provided for by mandatory legal standards. In the case of slight negligence, the Operator is liable to consumers only in respect of injury to life, limb and health.
(2) The Operator does not guarantee that skilliam.com is available to Users uninterruptedly, that all data and content, as well as comments by Users are correct, complete, accurate and current or that the Services offered meet the requirements or expectations of the Users.
(3) The use of the subscription service is expressly at the User's own risk. It is pointed out that no diseases or disorders of a pathological nature are diagnosed or treated on or with skilliam.com. Under no circumstances information or program functions of skilliam.com replace medical, nutritional, psychological or sport scientific support. The contents of the subscriptions do not replace any medical examination or treatment. It is not medical advice.
(4) For contents published by Users, in particular advertisements, links, etc., the Operator is liable according to the liability principles according to paragraph (1). The Operator is not obliged to check the content of Users with regard to compliance with statutory provisions.
(5) If the Operator does not object to a violation of the User Terms or the statutory provisions by the User, the assertion of the claims arising from the violation is not waived.
§ 8. Amendments
(1) The Operator reserves the right to unilaterally change or remove provisions of these User Terms ("Contract Change"). The customer will be notified immediately of any Contract Changes with reference to the relevant provisions.
(2) The User expressly agrees that the Coach may change or supplement content or Packages even after the User has taken out a subscription. Changes or additions to the Packages must, however, always comply with the minimum requirements in accordance with Appendix 1 of these User Terms and do not constitute Contract Changes in accordance with paragraph (1).
(3) The customer shall be granted an objection period of 14 days in the event of a possible Contract Change pursuant to paragraph (1). If the User does not object within 14 days after sending the contract changes according to paragraph (1), he has tacitly agreed to the Contract Change. The Operator will publish a comparison of the affected provisions in the User Terms as well as a complete version of the new User Terms on skilliam.com and send it to the User by e-mail.
§ 9. Miscellaneous
(1) Apart from the provisions of this agreement there are no other agreements between the parties.
(2) Declarations and / or additions to this agreement are to be addressed to MConcepts GmbH, Ostriach 135, 9570 Ossiach or by e-mail to email@example.com.
(3) In case the User is not a consumer within the meaning of the Consumer Protection Act (KSchG): Should a provision of this agreement be invalid, contestable or unenforceable, the validity of the agreement shall remain unaffected, provided that this corresponds to the intention of the parties to the agreement as it emerges from the provisions of this agreement in their context. Such a provision shall then be replaced by an effective and enforceable provision which has the same legal and above all economic content as the invalid provision or comes as close as possible to it.
(4) Austrian law shall apply to this agreement, to the exclusion of the reference norms of Austrian international private law. Jurisdiction and place of performance are Klagenfurt. If the User is a consumer within the meaning of the Consumer Protection Act (KSchG), the place of jurisdiction shall be the place of residence of the consumer.
Basic requirements & rules: Subscriptions
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