Terms and Conditions
§ 1 General
These General Terms and Conditions in their version valid at the time of conclusion of the contract, subject to possible individual contractual arrangements, regulate the remunerated and free of charge use of the offered by the moving GmbH, Bernockerweg 16, 83703 Gmund, represented by its managing director Mrs. Roswitha Ram-Devrient (Hereinafter referred to as moving-me portal). We hereby expressly object to opposing general terms and conditions.
b) Changes in the Terms and Conditions
moving, the retroactive adaptation and supplementation of the General Terms and Conditions of Business shall also apply during the contractual relationship as far as this is objectively justified (for example, in the case of amendments to the law or the supreme court case or changes in market conditions). The user shall be informed about chnages at least 30 days before the planned entry into force of the changes. The new General Terms and Conditions shall be effectively incorporated into the contract if the User does not object to the amendments within six weeks after receipt of the notification. In case of a timely objection, both the moving GmbH and the user can terminate the contractual relationship extraordinarily. If the contract is not terminated by any party, it will be continued under the current conditions.
c) Registration / Conclusion
With the registration, the user makes a binding contract offer. moving will immediately confirm the access of the application. The acknowledgment of receipt does not constitute a binding acceptance of the application. moving can accept the contract offer binding in the application within two days after receipt of the registration by e-mail, fax, telephone or mail. This assumes the conclusion of the contract between moving and the user.
§ 2 Performance
The activation of the booked services takes place immediately after the acceptance of the contract offer. After registration, the user has access to the "my-movingme" page on the website www.movingme.de. Here the user can voluntarily enter further data (address, date of birth, etc.). The contract is deemed to be fulfilled if the profile has been activated by moving and the user has access to the exercise videos and information.
b) Delays in Performance
Delays in performance due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented even by the extreme care of moving (including strikes, official or judicial orders and cases of incorrect or improper self-deliveries despite the resulting cover business) moving can not be held responsible. The user shall authorize moving to postpone the performance for the duration of the obstructing event.
moving is endeavoring to adapt the agreed services to current technical developments and current market developments. moving therefore reserves the right to make changes to the services provided that such changes do not affect the core services and take account of the interests of the contracting party. An uninterrupted availability of the services of the moving-me portal can not always be guaranteed due to technical and operational circumstances. Temporary and temporary interruption of the services may be caused by maintenance work on the moving -me portal or by technical faults. moving ensures that the non-availability does not last longer than is necessary and reasonable for maintenance or repair. In case of non-availability for the aforementioned reasons, moving may withdraw from the contract. moving is obliged to notify the user without delay of the non-availability and to reimburse any costs already paid.
d) Obligations of the User
The rights of the user from this contract are not transferable. The user is obliged to enter the required data completely and truthfully. In the case of subsequent modifications, the user shall update the latter automatically or by means of the display opposite. The password and user name with which the user can log in to the movingme portal must be strictly confidential and protected against the access of unauthorized third parties. If there is a suspicion that unauthorized third parties have gained knowledge of the access data or will be obtained, moving must be informed without delay. The user bears the liability for foreign usage within the legal regulations. The user has to procure the necessary technical requirements for the use of the movingme portal itself.
§ 3 Remuneration and Term
The user can use the movingme offer at the individually offered prices. The payable contract term results from the selection of the user at the time of registration. The prices are final prices including the current VAT of 19%. In the case of an automatic extension of the term of the contract, the compensation for the duration of the contract resulting from the extension shall be determined by the price list of the products which is valid for the user two weeks before the date of the extension of the contract. moving reserves the right to redefine the fees under new contracts.
b) Terms of payment / maturity
moving charges the fees after the offer has been accepted. Payment shall be made by transfer to our account on the invoice. The invoice amount is payable immediately after invoice receipt. In the event of default or deferral, the statutory interest shall be calculated. In the event of a delay in payment, moving reserves the right to withhold its own contractual performance until the end of the delay. Costs resulting from receivables collection and / or re-entry or lack of account assignment will be debited.
The contract may be terminated in writing or by e-mail up to two weeks before expiry of the contract term. If the termination is not made in time, the contract is automatically extended by the term of the contract determined by the user. The right to terminate without notice for good cause remains unaffected. An important reason is, in particular, where essential contractual obligations are violated. In the case of termination for important reasons, moving is entitled to immediately block the services as well as to immediately delete the deposited contents.
d) Right of Withdrawal / Offsetting
The user can only set off against uncontested or legally binding counterclaims. A right of retention is only granted to him if the counterclaims are based on the same legal relationship as the obligation of the user.
§ 4 Health Note
The movingme portal is intended exclusively for healthy adults and is not intended for use by persons with health problems. Persons with health problems are asked to seek advice from a doctor before starting the exercises. Independent of this, moving advises the user to have a doctor diagnose that no health concerns exist before starting an exercise. Overload and jerky movements should be avoided in any case. The exercises shown are not therapy in the healing sense. All the information in the moving -me portal does not contain any remote diagnosis and is neither a medical treatment, consultation, recommendation nor a diagnosis or therapy procedure. You can never replace the individual medical advice, diagnosis and therapy. The information and exercises must not be regarded as a substitute for professional advice or treatment by trained and recognized doctors. The content of the movingme portal can not and must not be used to diagnose or treat treatments independently.
§ 5 Liability
moving as well as the legal representatives and vicarious agents are liable only for intent or gross negligence. The above exclusion of liability does not apply to deliberate or negligently caused damage from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability. In the case of slight negligence, moving and the legal representatives and vicarious agents shall only be liable in the case of violation of essential contractual obligations and, consequently, obligations which are of particular importance for the achievement of the purpose of the contract. The liability is limited to the foreseeable and contract-typical damages.
b) the fault of the user
moving is not liable for damage caused by ignoring the health instructions or by incorrect execution of the exercises.
§ 6 Blocking
moving is entitled to temporarily or permanently block the access of the user to the movingme portal if there are concrete indications that the user has violated these general terms and conditions and / or the applicable law or moving has a legitimate interest in the blocking of a user. moving will take due account of the legitimate interests of the user when deciding on a blocking. The user will be notified of the blocking, the reason for the blocking, and the cancellation by e-mail.
a) Liability for content
Moving does not verify the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose. The user is fully responsible for the content of his or her comments and his profile. The user may neither infringe the applicable laws, nor violate these general terms and conditions. He undertakes not to transmit any data whose content violates the rights of third parties (for example, personal rights, name rights, trademark rights, copyrights, etc.). Contents or profiles with criminal contents may not be published or untrue facts should be asserted. Moving is not liable as an operator of the website for incorrect information of the users in their comments or profiles. In particular, moving is not liable for copyrights of its users. Moving as a service provider for third-party information is not responsible, as long as moving has not acquired any knowledge of an illegality. As soon as moving knowledge is acquired or informed by users, moving checks the corresponding contents or information and initiates appropriate steps, if necessary.
If moving is used by a third party on the basis of a non-contractual, abusive and / or unlawful act of the user, the user commits himself to release moving from these claims. In particular, the user is obliged to release moving from all third-party claims, including reasonable and / or legally fixed legal costs. The user supports moving in the defense of these claims, in particular by providing all necessary information for the defense. The user is obligated to compensate for the damage caused by the move by defending such claims.
§ 8 Copyright
The content of the moving -me portal provided to the user, in particular the videos made available, is predominantly subject to German copyright or other intellectual property rights and is owned by moving or other third parties who have made available the respective content. In particular, the user is prohibited from editing, modifying, publishing, copying or distributing the contents in whole or in part. Commercial use by third parties is excluded.
§ 9 Final provisions
The exclusive place of jurisdiction for all legal disputes arising from this contract is the place of business of the moving GmbH in Gmund, if the user is a merchant, a legal person of public law or a public special fund or if the user has no jurisdiction in the Federal Republic of Germany.
b) Choice of law
To the extent that non-compulsory statutory provisions are contrary to the user's home law, German law shall be deemed to have been agreed upon.
c) Severance clause
The invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.