I. The Contractual object, Amendments
(1) The BEMYPRIVATETRAINER E.U. (FN 503845 z) provides a platform on https://www.bemyprivatetrainer.com/ (hereinafter called “the portal”) through which the duly registered users search third-party providers of sports services, especially nutritionists and trainers who concluded a subscription contract with BEMYPRIVATETRAINER e.U, in their desired environment and can then contact them. Users can access the available content on the portal and use the other currently available services on the portal, which are free of charge and subject to a charge within the scope of their respective availability. Further information on the services can be found in the description of services, § 8.
(3) Information on BEMYPRIVATETRAINER e.U can be found here
II. Registration for use,
Handling of access data, termination of use
(1) The use of the available services on the portal requires your registration as a user. The registration takes place by creating an account. A claim for the use does not apply. The service provider is authorized to reject applications for use without giving reasons.
(2) The registration is only allowed, if you are of legal age and have unlimited legal capacity. Minors are not allowed to register. In the case of a legal entity, the registration must be carried out by a natural person, who has unlimited legal capacity and is authorized to represent the legal entity.
(1) BEMYPRIVATETRAINER e.U offers you the possibility to register on the portal by stating your e-mail address, a password chosen by yourself and your freely chosen user name.
More about the respective service offer can be found at § 8.
(2) The contact details and other information requested by BEMYPRIVATETRAINER e.U during the registration process must be stated completely and correctly. When registering a legal entity, the natural person, which is authorized to represent, must also be stated.
As a consumer, you are entitled to a right of revocation in accordance with the following instructions below. A consumer is every natural person, who concludes a legal transaction for purposes which are predominantly neither of your commercial nor your self-employed profession.
Instruction of Revocation
Right of Revocation
You have the right to cancel this contract within a period of fourteen days without giving any reason.
The revocation period is fourteen days from the date of the conclusion of contract.
In order to exercise your right of revocation, you must inform us to
(FN 503845 z)
Schiffmuhlenstrasse 44 – 46/25/12
1220 Vienna (Austria),
Telephone: +43 (0) 650 958 12 82
giving a clear explanation (e.g. a letter sent by mail, fax or e-mail) about your decision of revoking this contract. You can use the attached sample revocation form, however, which is not stipulated.
In order to maintain the revocation period, it is enough to send the note about exercising the right of revocation before the expiration of the revocation period.
Consequences of the revocation
If you cancel this contract, we have to repay all payments that we have received from you, including shipping charges (except for the additional costs arising when choosing a different delivery method than the most favourable standard delivery offered by us) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you have used in the original transaction, unless something else has been explicitly agreed on with you; we won’t ever charge you any fees for this repayment.
If you have requested that the services should start during the revocation period, you must pay us a reasonable amount equal to the proportion of services compared to the total scope of the provided services in this contract, which were already provided until the time you notify us about exercising the right of revocation.
The right of revocation expires in the case of a contract for the provision of services, even if the entrepreneur has provided the service completely and has only begun to carry out the service after which the consumer
End of the revocation instruction
Sample of the revocation form
(If you want to cancel the contract, please fill this form and send it back.)
(FN 503845 z)
Schiffmuhlenstrasse 44 - 46/25/12
1220 Vienna (Austria),
(1) In the course of the registration procedure, you will be asked to provide a username and password. With this data, you can log into the portal after the activation of your access and your confirmation in accordance with § 4 (3). It is your responsibility that the username does not violate the rights of third parties, especially no naming or trademark rights and does not violate common decency.
(2) The access data including the password must be kept secret by you and should not be made accessible to unauthorized third parties.
(3) Moreover, it is your responsibility to ensure that your access to the portal and the use of the services available on the portal are solely carried out by you or by the persons authorized by you. If there is a chance that unauthorized third parties have become aware of or gain access to your access data, BEMYPRIVATETRAINER e.U must be informed immediately.
You are liable for any use and/or other activity that is performed using your access data according to the statutory provisions.
You are bound to keep your information (including your contact data) up to date. If a change of the stated data occurs during the period of your use, you have to correct the information immediately on the portal in your personal settings. If you do not succeed to do so, then please inform us of your changed data immediately through e-mail or fax.
(1) You may cancel the access at any time without compliance of the cancellation period by unsubscribing from the portal and submitting the cancellation by e-mail to the customer service at email@example.com.
(2) With the cancellation becoming effective, the contractual relationship ends and you are no longer allowed to use your access. BEMYPRIVATETRAINER e.U reserves the right to block the username and password as soon as the cancellation takes effect.
(3) BEMYPRIVATETRAINER e.U is entitled to irretrievably delete all data created during the course of your use after the effective cancellation and after the expiration of any statutory retention periods.
III. Services and Content on the Portal
Such services could be e.g.:
The content and scope of the services are determined by the respective contractual agreements, otherwise according to the functionalities, which are currently available on the portal.
On the portal, free as well as paid services are available. Paid services are respectively marked as such. Regulations on their use can be found at § 13.
BEMYPRIVATETRAINER e.U itself does not offer any sport services and does not act as the contractor to third parties. The above mentioned nutritionists and trainers are not employees of the service provider.
(2) BEMYPRIVATETRAINER e.U guarantees an availability of 99% on a monthly average for all paid services within its area of ??responsibility. Not included in the calculation of availability are the regular maintenance periods of the web portal, which are between 2:00 and 4:00 pm every Sunday.
Moreover, there is a right to use the services available on the portal only in the context of the technical and operational possibilities at BEMYPRIVATETRAINER e.U. BEMYPRIVATETRAINER e.U strives to ensure the most uninterrupted usability of its services. However, temporary limitations or interruptions may occur due to technical faults (such as e.g. power interruption, hardware and software errors, technical problems in the data lines).
BEMYPRIVATETRAINER e.U is entitled at any time to change freely provided services on the portal, to make new services available for free or charging a fee and to cancel the provision of free services. BEMYPRIVATETRAINER e.U will consider your corresponding legitimate interests.
(2) The content available on the portal are partly from BEMYPRIVATETRAINER e.U and partly from other third parties. Content of other third parties is hereinafter collectively called “third party content”. BEMYPRIVATETRAINER e.U does not check the third party content for its completeness, accuracy and legality and therefore assumes no liability or guarantee for the completeness, accuracy, legality and timeliness of the third party content. This also applies to the quality of the third party content and its suitability for a specific purpose, and also with regard to third party content on linked external websites.
All content on the portal is third party content, except of the content that bears a copyright notice from the service provider.
IV. Use of the services of the portal by you
(2) You are responsible for the creation of the necessary technical requirements in your area of responsibility for the contractual use of the services. BEMYPRIVATETRAINER e.U does not owe you any advice regarding this subject.
(1) The service provider offers free as well as paid services on the portal. Also the retrieving of content (e.g. on-screen display, printing, and/or download) may incur costs. Please find the applicable prices in the price list, which you received during or after your registration and possibly in an updated version by e-mail in PDF format.
As far as the use of a service (including the retrieval of content) is subject to charge, you will receive a notification of the costs incurred, the terms of payment and other relevant details online before being granted the access possibility to the respective service. Only after the payment you will have the possibility to use the respective service by clicking on the corresponding button.
If you do not want to use the paid service, you can return to the free services by clicking on the corresponding button or by clicking on the “back” button on your browser.
(2) Please further note:
You initiate the provision of the paid service immediately by clicking on the corresponding button. Since the use of the service cannot be reversed hereafter and a return of any retrieved content cannot be guaranteed by you that a use after return is no longer possible, you do not have a right of revocation regarding the use of paid services.
(3) All stated fees are including the respectively applicable value added tax.
(4) The fee for the paid services you use, will be debited from your PayPal account, your credit card (MasterCard & VISA), or through immediate direct debit which you stated during your registration or before the use of the service. You can retrieve the invoice for the paid services you use from your personal area.
(5) Offsetting is only permitted with undisputed or legally established counterclaims. A right of retention can only be claimed, if it is based on the same contractual relationship.
(2) As a rule of thumb, BEMYPRIVATETRAINER e.U does not carry out a verification of the identity of the profile owners and the details in the profiles. Therefore, BEMYPRIVATETRAINER e.U does no guarantee that each profile holder is the person whom the respective profile owner claims to be.
(1) As far as the functionality on the portal allows, you can post content on the portal and make it available to BEMYPRIVATETRAINER e.U. This content is subject to the following provisions.
(2) By posting content, you grant a free and transferable right to use the respective content to BEMYPRIVATETRAINER e.U, especially
When you remove your content from the portal, the right of use and exploitation granted to us will expire. However, we reserve the right to keep copies for backup and/or proof purposes.
(3) You are fully responsible for the content you have posted. BEMYPRIVATETRAINER e.U does not undertake any evaluation of the contents for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
Therefore, you declare and assure to BEMYPRIVATETRAINER e.U that you are the sole owner of all rights to the content you post on the portal, or that you are otherwise authorized (e.g. by an effective permission of the copyright holder) to post the content on the portal and grant the use and exploitation rights according to the preceding paragraph (2).
(4) BEMYPRIVATETRAINER e.U reserves the right to refuse posting content and/or edit, block or remove content that has already been posted without prior notice, provided that the posting of the content by the user or the content itself is a violation of § 17 or have concrete evidence that there will be a serious violation of § 17. However, BMPT will take your legitimate interests into consideration and will choose the mildest means of warding off the breach of § 17.
(2) You are only allowed to download or print content as far as a possibility of downloading or printing is available as a feature on the portal (e.g. through a download button).
You receive a permanent and non-exclusive right of use for your own non-commercial purposes for each of the downloaded or printed content. Regarding the content that is given to you against payment, a further condition for these rights is the complete payment of the corresponding contents. Otherwise, all rights to the content remain with the original copyright holder (BEMYPRIVATETRAINER e.U or the respective third party).
(3) Your mandatory statutory rights (including the dissemination for your own and for private use according to § 42 Copyright Act) remain unaffected.
(1) You are prohibited from any activity on or in connection with the portal that violates the applicable law, infringes the rights of third parties or violates the principles of the protection of minors.
In particular, you are prohibited from doing the following activities:
- the posting, the dissemination, the offering and the promotion of pornographic and/or fraudulent content, services and/or products that violate child protection laws, data protection laws and/or other law;
- the use of content that offends or defames third parties;
- the use, provisioning and distribution of content, services and/or products that are protected by law or that are burdened with third-party rights (e.g. copyrights) without expressly being authorized to do so.
(2) Moreover, regardless of possible violations of the law, you are prohibited from doing the following activities when posting your own content on the portal:
(3) You are also prohibited from any action that is likely to affect the smooth operation of the portal, especially to unduly burden the systems of the service provider.
(4) If you should become aware of any illegal, abusive, anti-contractual or otherwise unauthorized use of the portal, please contact [BEMEMYPRIVATETRAINER E.U., Schiffmuhlenstrasse 44-46/25/12, 1220 Vienna]. BEMYPRIVATETRAINER e.U will then review the process and take appropriate action if necessary.
(5) In the event of suspicion of illegal or punishable acts, BEMYPRIVATETRAINER e.U is entitled and possibly also obliged to review your activities and possibly initiate corresponding legal actions. This may include the delivery of a matter to the public prosecutor.
(2) In the event of a temporary or permanent blocking, BEMYPRIVATETRAINER e.U will block your access authorization and notify you by e-mail.
(3) In the event of a temporary suspension, BEMYPRIVATETRAINER e.U will reactivate the access authorization at the end of the blocking period and will notify you by e-mail. A permanently blocked access authorization cannot be reactivated. Permanently blocked persons are permanently excluded from the use of the portal and are not allowed to re-register on the portal.
V. Processing of your personal data
(1) The quality standards of BMPT include being responsible with the personal data of the participants (these data are hereinafter called “personal data”). The personal data resulting from your registration on the portal as well as from the use of the available services will therefore only be collected, saved and processed by BEMYPRIVATETRAINER e.U, insofar as this is necessary for the contractual provision of services and permitted by law, or ordered by the legislator. BEMYPRIVATETRAINER e.U will treat your personal data confidentially and in accordance with the provisions of applicable data protection law and will not forward it to third parties.
(2) Additionally, BEMYPRIVATETRAINER e.U only uses your personal data, if you have expressly agreed to this. You can revoke your consent at any time.
VI. Limitation of Liability
If any damage due to the use of free services on the portal (including the retrieval of free content) should incur, the service provider will only be liable to the extent that your damage has been caused under the contractual use of the free content and/or services, and only in case of intentional (including malice) and gross negligence of the service provider.
Within the scope of the use of paid services (including the retrieval of paid content) by you, the service provider is liable in accordance with the following provisions:
(1) For damages caused intentionally or grossly negligently by the service provider or by its legal representative, executives or simple auxiliary persons, BEMYPRIVATETRAINER e.U is liable without limitation.
(2) In cases of slightly negligent violation of only insignificant contractual obligations BEMYPRIVATETRAINER e.U is not liable. Otherwise, the liability of BEMYPRIVATETRAINER e.U for damages caused by slight negligence is limited to those damages, which typically must be expected within the scope of the respective contractual relationship (contractually foreseeable damages). This also applies to slightly negligent violations of duty by the legal representatives, executives or simple auxiliary persons of BEMYPRIVATETRAINER e.U.
(3) The above limitation of liability does not apply in the case of malice, in the case of body injury or personal injury, for the violation of warranties, as well as for claims arising from product liability.
VII. Further Provisions
The user is not entitled to transfer his access or other rights or obligations of the user agreement to a third party.
(1) We point out to you that in addition to the ordinary legal process, you also have the possibility of settling disputes out of court in accordance with the Regulation (EU) No. 524/2013. You can find details in the Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr.
(2) Our e-mail address is: firstname.lastname@example.org . According to § 19 Foreign Tax Act, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.