General Terms and Conditions
of Conscious U GmbH on the use of the services for coaching programs (hereinafter referred to as: GTC)
1. General, Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Conscious U GmbH (hereinafter “CU”), apply to all contracts for the participation in online coaching programmes and the delivery of digital content (hereinafter “Services”), which a consumer or entrepreneur (hereinafter “Customer”) concludes with CU with regard to the Services presented on the website of CU.
The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
The online coaching programs are available on the website at https://conscious-u.promotelogin.com
The Swedish provider Promote International AB provides the online platform as a technical service provider.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor for any other profitable enterprise.
1.3 Digital Content within the meaning of these GTC is all data not on a physical data carrier which is produced in digital form and made available by CU under granting of certain rights of use regulated in more detail in these GTC.
1.4 CU endeavours to ensure the availability of the online coaching programmes but cannot guarantee availability. Should CU be unable to process or fulfil the Customer’s order, CU may reject it without further liability. If this occurs, CU will inform the customer of this and refund any payments already made for the online coaching programme.
2. Scope of Services
2.1 CU delivers online coaching programmes on the one hand and delivers digital content via its website on the other hand. The contents of the online coaching programmes and the subject matter of the digital content are set out in the respective service description on CU’s website.
The online coaching programmes consist of several modules, which are published on the online platform and made available for use every two to three weeks. The duration of the online coaching programmes is a minimum of one and a maximum of eight months. The contents, including the comments and messages left on the online platform by customer, can still be accessed and edited for four weeks after the end of the programme by regular login of customer and will be deleted twelve weeks after the end of the program.
2.2 To the extent that CU delivers online coaching programmes, CU shall provide its services exclusively in electronic form via online video conference and by providing digital content using appropriate technical means. For this purpose, CU enables the Customer to access the online platform prior to the start of an online coaching programme. For error-free participation in the online video conferences and the retrieval of the content on the online platform, the customer’s system must meet certain minimum requirements, which are communicated to the customer on CU’s website. The customer is responsible for compliance with the system requirements. CU shall not be liable for any technical problems caused by insufficient system requirements at the customer’s premises.
To the extent that CU delivers digital content, the delivery shall be made exclusively by providing access to the online platform and the online live video conferences using appropriate technical means. For the proper reproduction of the content on the online platform, the customer’s system must meet certain minimum requirements which will be communicated to the customer on CU’s website. The customer is responsible for compliance with the system requirements. CU shall not be liable for technical problems caused by insufficient system requirements customer’s premises.
2.3 CU shall perform its services with the utmost care and to the best of its knowledge and belief. However, CU does not owe a certain success. In particular, CU does not guarantee that the Customer will achieve a certain learning success or that the Customer will achieve a certain performance target. This depends not least on the personal commitment and will of the customer, over which CU has no influence.
2.4 Each online coaching programme consists of audio files, videos, eLearning sessions, fillable PDFs with tasks, instructions for self, triad and – if applicable – team reflections, live video conferences and the protected exchange of chats and messages between the participating customers of each cohort in virtual rooms. The work progress of each customer is tracked and displayed within the online platform and can be compared with the progress of other customers participating in the same online coaching programme in the same cohort.
2.5 CU shall provide its services through qualified personnel selected by it. In doing so, CU may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in CU’s descriptions, the Customer shall have no claim to the selection of a particular person to perform the commissioned service.
2.6 Live video conferences are held every two to three weeks at the end of a module by the CU-certified coach supervising the cohort/unit. There is no obligation to participate in the video conference. If a customer is unable to participate in the video conference for technical or personal reasons, there is no right to a repetition of the video conference.
3. Formation of Contract
3.1. The services described on the website of CU do not constitute binding offers on the part of CU but serve for the submission of a binding offer by the customer. The Customer may submit its offer via the online form provided on the website of CU. In doing so, the customer, after having entered its data in the form, submits a legally binding contractual offer with respect to the selected service by clicking the button concluding the registration process. Furthermore, the customer can also submit the offer to CU by telephone, e-mail, or post.
3.2. CU may accept the customer’s offer within five days,
- by sending the customer a written confirmation of registration or a confirmation of registration in text form (letter or e-mail), in which case the receipt of the confirmation of registration by the customer is decisive, or
- by requesting payment from the customer after the customer has submitted his contractual declaration.
If there is more than one of the aforementioned alternatives, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If CU does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by its declaration of intent. In the case of the delivery of an online coaching programme, the same shall apply in the event that the programme selected by the customer already starts before the expiry of the acceptance period and CU does not accept the customer’s offer at the latest 24 hours before the start of the programme, unless otherwise agreed between the parties.
3.3. When an offer is made via CU’s online form, the text of the contract shall be stored by CU after the conclusion of the contract and transmitted to the customer in text form (e.g., by e-mail or letter) after the customer’s offer has been sent. CU shall not make the text of the contract available beyond this. If the customer has set up a user account on the website of CU prior to sending the offer, the data relating to the ordered service will be archived on the website of CU and can be accessed by the customer free of charge via its password-protected user account by providing the relevant login data.
3.4. Before the binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
3.5. Only the English language is available for the conclusion of the contract.
3.6. As a rule, CU contacts the customer by e-mail for the purpose of contract performance. The customer shall ensure that the e-mail address provided by the customer when submitting the offer is correct so that the e-mails sent by CU can be received at this address. In particular, when using SPAM filters, the customer shall ensure that all e-mails sent by CU or by third parties commissioned by CU to perform the contract can be delivered.
4. Cancellation Policy
Further information on the right of withdrawal can be found in CU’s cancellation policy.
5. Prices and Terms of Payment
5.1. Unless otherwise stated in CU’s service descriptions, the prices quoted are total prices which include statutory value added tax.
5.2. Various payment options are available to the customer, which are indicated on CU’s website.
5.3. In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which CU is not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees).
5.5. If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then immediately carried out by “SOFORT” and the customer’s bank account is debited. More information on the “SOFORT” payment method is available to the customer on the Internet under: https://www.klarna.com/sofort/
5.6. If the payment method “credit card” (Visa, Mastercard, American Express) is selected, the payment will be processed via the payment service provider Micropayment GmbH, Scharnweberstraße 69, 12587 Berlin. When paying with Micropayment, the data protection information and conditions of Micropayment GmbH apply, which the customer can view during the payment process. The transfer of data to Micropayment GmbH is based on Art. 6 para. 1 lit. a DSGVO (consent) and Art. 6 para. 1 lit. b DSGVO (processing for the performance of a contract). The customer has the option to revoke his consent to data processing at any time. A revocation does not affect the validity of past data processing operations. The customer also has the right at any time to free information about his stored personal data, its origin and recipient and the purpose of the data processing as well as the right to correction, blocking or deletion of this data. For this purpose, the customer shall address his data protection request regarding payment with Micropayment to: firstname.lastname@example.org
6. Changes or Cancellation of Online Coaching Programmes
6.1. CU reserves the right to change the time, coaches and/or content of the online coaching programmes, provided that the change is reasonable for the customer, taking into account the interests of CU. Reasonable are only insignificant changes of services which become necessary after the conclusion of the contract and which were not caused by CU against good faith. In the event of a change of time, coaches and/or content, CU shall inform the customer thereof in due time.
6.2. In the event of a significant change in performance, the customer may withdraw from the contract free of charge or instead request participation in another online coaching programme of at least equal value if CU is able to offer such a programme from its range at no extra charge to the customer.
6.3. If several services are the subject of the contract, in the aforementioned cases the withdrawal by the customer is limited to the service affected by the change (“partial withdrawal”). The partial withdrawal shall have no effect on the other agreed services. The customer may only withdraw from the entire contract if he has no interest in the other agreed services.
6.4. The customer shall assert the rights under the preceding clause against CU without undue delay after having been informed by CU about the change in performance.
6.5. CU is entitled to cancel online coaching programmes at short notice for important reasons, such as force majeure or illness of the coach, against full refund of any participation fee already paid. In case of cancellation of the online coaching programme, CU will endeavour to find a replacement date.
7. Registration and Password
7.1. Registration is required to use the online platform and to participate in an online coaching programme. For registration, the customer’s first and last name as well as an e-mail address are required. The registration on the online platform is done by CU. CU sends an invitation to the customer by e-mail with an activation link. The customer can use the activation link to log in to the online platform.
7.2. Password – Customers will be asked to create a password immediately after their first login to the online platform. All customers are urged in their own interest to choose a secure password to avoid misuse of their account, to keep the password secret and not to disclose it to third parties. CU shall not be liable for damage caused by third parties with the username and password of a customer if such misuse is due to a violation by the customer of the obligations stated here. Any abuse must be reported to CU immediately upon becoming known to email@example.com
8.1. Customer is not entitled to use devices, programs or other means which serve to circumvent, overload or overcome the technical measures of CU or Promote. In the event of misuse of the online platform, CU is entitled to immediately block access to the online platform for customers acting in breach of contract. Further rights and claims of CU, in particular claims for damages, shall remain unaffected.
8.2. Customer obligates itself to not publish on the online platform and in the video conferences any oral or written contributions which discriminate against others on the basis of their sex, age, language, origin, nationality, sexual orientation, religious affiliation or ideology and/or which violate penal laws and/or morality. Customer also obligates itself to not use any legally protected content without being entitled to do so. This applies to copyright, trademark, patent and other industrial property rights. CU is not liable for such or otherwise objectionable contributions by customer and is entitled to, but not obligated, to delete them immediately. The same applies to advertising, spam, serial letters, or the like distributed by customer.
8.3. Customer indemnifies CU against all claims of third parties arising from the violation of these rights insofar as customer is responsible for these.
9. Liability & Indemnity
9.1. CU obligates itself to provide the services agreed upon in these GTC to the best of its knowledge and belief and to carry them out carefully. A guarantee for success in the provision of services is not owed and liability is excluded.
9.2. CU shall not be liable for defective or insufficient equipment of customer’s terminal equipment and resulting loss of data or disrupted or partial access.
9.3. Claims for damages by customer are excluded as far as this is legally permissible. The following are excluded
a) claims for damages arising from the violation of essential contractual obligations (cardinal obligations), b) liability for other damage resulting from an intentional or grossly negligent breach of duty by CU, its legal representatives or vicarious agents,
c) claims arising from the German Product Liability Act and
d) claims for damage resulting from injury to life, limb, or health of persons.
Essential contractual obligations are obligations whose fulfillment enables proper performance of the contract and the achievement of the purpose of the contract; for CU this is in particular the obligation to provide the contractual digital content and to carry out the coaching services. CU’s liability for damage resulting from the violation of essential contractual obligations shall be limited to direct and foreseeable damage.
11. Technical Support
Customer has the option of contacting Support by e-mail at any time. The e-mail address firstname.lastname@example.org is available on every page of the online platform under the “Support” banner.
12. Ownership and Copyrights
12.1. CU declares that it owns all necessary licenses, rights and approvals to the online coaching programmes and their components and that publication does not violate any rights of third parties.
12.2. Customer acknowledges that CU and Promote International AB are rights holders for the online coaching programmes and the online platform. Unless otherwise stated in the descriptions on the website of CU, CU grants the customer the non-exclusive right, unlimited in time and place, to use the provided digital content exclusively for private purposes. The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. CU may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights. The customer undertakes to use the product only within the scope of what is contractually and/or legally permitted and to strictly comply with any licence conditions. The customer does not receive any ownership or exploitation rights. This applies in particular to image, video and/or sound material, instructions, text and language works, as well as software, databases, graphics, logos, titles, programmes and other services. Unless otherwise agreed, the customer shall not be entitled to be provided with the teaching material in physical form.
12.3. Any disclosure, in particular sale or rental, leasing, translation, reprinting or disclosure to third parties of contents or documents of the online coaching programmes is prohibited even in excerpts. Logos, copyrights and other proprietary notices used to identify CU may not be removed or modified. Violations can lead to access being blocked or even to claims for damages.
CU and all its employees (coaches, administrators, support staff) obligate themselves to maintain secrecy about all professional, operational, and private matters of customer that become known in the course of their work, even after termination of the contract.
14. Final Provisions
14.1. Choice of Law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
14.2. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of CU. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of CU shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, CU shall in any event be entitled in the aforementioned cases to bring an action before the court at the place of the customer’s registered office.
14.3. Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
CU is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Date: January 2021