Terms and conditions

I. The Contractual object, Amendments

§ 1 Object of the terms of use

 

(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.

(2) The present terms of use regulate the provision of the services by BEMYPRIVATETRAINER e.U and the use of such services by you as a user.

(3) Information on BEMYPRIVATETRAINER e.U can be found here

(4) The language available for the conclusion of the contract is exclusively German. Translations of these terms of use to other languages are only for your information. At any differences between the language versions, the German text has priority.

 

§ 2 Changes of the Terms of Use

 

BEMYPRIVATETRAINER e.U reserves the right to change these terms of use at any time, also within the existing contractual relationships. BEMYPRIVATETRAINER e.U will notify you of such changes at least 14 calendar days before the planned implementation of the changes. If you do not object within 14 days from receipt of the notification and continue to use the services after the expiry of the objection period, the changes shall be as validly agreed upon expiration of the deadline. In case of objection, the contract will be continued under the existing terms. In the amendment notice, BEMYPRIVATETRAINER e.U will note your right to object and the consequences.

 

II. Registration for use,
Handling of access data, termination of use

§ 3 Authorization for Registration

 

(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.  

 

§ 4 Your registration on the portal

 

(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.

(3) After providing us all requested data, they are checked by BEMYPRIVATETRAINER e.U for completeness and plausibility. If the information is correct from the point of view of BEMYPRIVATETRAINER e.U and there are no other concerns from BEMYPRIVATETRAINER e.U point of view, BEMYPRIVATETRAINER e.U will activate your requested access and notify you by e-mail about that. The e-mail is considered as the acceptance of your application for use. From the time of receipt of the e-mail, you are entitled to use the portal within the scope of the present terms of use. For this purpose, you must first confirm your activation by clicking on the link provided in the e-mail.

 

§ 5 Right of Revocation

 

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

BEMYPRIVATETRAINER E.U.,

(FN 503845 z)

Schiffmuhlenstrasse 44 – 46/25/12

1220 Vienna (Austria),

Telephone: +43 (0) 650 958 12 82

E-mail: info@bemyprivatetrainer.com

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.

 

Special Note

 

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

 

  • has expressly agreed that the entrepreneur starts with the execution of the contract before the expiration of the revocation period and
  • has confirmed his knowledge that he loses his right of revocation by giving his consent to execute the contract.

 

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.)

  • To

BEMYPRIVATETRAINER E.U.,

(FN 503845 z)

Schiffmuhlenstrasse 44 - 46/25/12

1220 Vienna (Austria),

E-mail: info@bemyprivatetrainer.com

  • I/we (°) hereby cancel the contract concluded by me/us (°) for the provision of the following service (°)
  • Ordered on the (°)/received on the (°)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only when notifying on paper)
  • Date

 

§ 6 Responsibility for the access data

 

(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.

 

§ 7 Update of the user data

 

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.

 

§ 8 Termination of use

 

(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 info@bemyprivatetrainer.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

§ 9 Service offer and availability of the services

 

  1. BEMYPRIVATETRAINER e.U provides different services on the portal.

Such   services could be e.g.:

  • researching sports services,
  • especially searches and contacting nutritionists and trainers (coaches),
  • making available data, contributions, image and sound documents, information and other content (hereinafter collectively called “content”)

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).

 

§ 10 Changes of services

 

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.

 

§ 11 Protection of the content, Responsibility for the content of third parties

 

(1) The content available on the portal is predominantly protected by the copyright or other proprietary rights and is in each case the property of BEMYPRIVATETRAINER e.U or other third parties, who have made the respective content available. The compilation of the content as such is possibly protected as a database or database work in accordance with § 40f paragraph 1 and 2 Copyright Act. You are only allowed to use this content in accordance with the present terms of use and the framework provided on the portal.

(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

§ 12 Scope of the permitted use, monitoring of the use activities

 

(1) Your usage right is limited to the access to the portal as well as the use of the respective services available on the portal within the scope of the present terms of use.

(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.

(3) BEMYPRIVATETRAINER e.U  points out that your use activities could be monitored to the legally permitted extent. This possibly also includes the recording of IP connection data and conversation history, as well as their evaluations in case of a concrete suspicion of a violation of the present terms of use and/or a concrete suspicion of the existence of any other unlawful act or crime.

 

§ 13 Use of paid services

 

(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.

Please note:

By clicking on the corresponding button, you bindingly declare your intention to use the respective service. By doing so, you bindingly accept our offer on the provision of the paid service, and a further contractual relationship arises. The present terms of use also apply to this contractual relationship, as well as other conditions that BMPT will inform you about before using the service.

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.

 

§ 14 Creation of user profiles

 

(1) As far as the functionality on the portal allows, you can personalize your user profile according to your wishes within the scope of the present terms of use. Please necessarily note the restrictions of § 17.

(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.

 

§ 15 Posting of own content

 

(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

  • for saving the content on the server of the service provider and to publish it, in particular making it publicly available (e.g. by displaying the content on the portal),
  • for editing and duplication, as far as this is necessary for the provision or publication of the respective content, and
  • for granting - also subject to payment - rights of use to third parties in relation to your content according to § 16.

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.

 

§ 16 Right to use contents available on the portal

 

(1) Unless expressly permitted in the present terms of use or any further use allowed on the portal or enabled by a corresponding feature (e.g. download button)  on the portal,

  • you may access and display the content available on the portal only for personal use. This right of use is limited to the duration of your contractual use of the portal;
  • you are not allowed to edit, change, translate, show or present, publish, exhibit, reproduce or disseminate all or part of the content available on the portal. It is also prohibited to remove or modify copyright notes, logos and other marks or protective marks.

(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.

 

§ 17 Prohibited activities

 

(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:

  • the dissemination of viruses, Trojans and other harmful files;
  • the sending of junk or spam mails as well as chain letters;
  • the dissemination of offensive, sexually explicit, obscene or defamatory content or communication, as well as such content or communication that is capable of promoting or supporting racism, fanaticism, hate, physical violence or unlawful acts (in each case explicitly or implicitly);
  • the harassment of other participants, e.g. by multiple personal contacting without or against the reaction of the other participant, as well as the promotion or support of such harassment;
  • inviting other participants to reveal passwords or personal data for commercial or illegal purposes;
  • the dissemination and/or public reproduction of content available on the portal, unless expressly permitted by the respective copyright owner or expressly made available as a feature 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.

 

§ 18 Blocking of access

 

(1) BEMYPRIVATETRAINER e.U may temporarily or permanently suspend your access to the portal, if there are specific indications that you have violated or violate the present terms of use and/or applicable law, or if BEMYPRIVATETRAINER e.U has any other legitimate interest in the suspension. When deciding for a suspension, BEMYPRIVATETRAINER e.U will consider your legitimate interests.

(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

§ 19 Data protection

 

(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.

(3) For the rest, we refer to our privacy policy statement here

 

VI. Limitation of Liability

§ 20 Limitation of liability for free services

 

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.

 

§ 21 Limitation of liability for paid services

 

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

§ 22 Written form requirements

 

Unless expressly stated otherwise in the present terms of use, all declarations made within the scope of use on the portal must be submitted in text form or by e-mail. The e-mail address of the service provider is info@bemyprivatetrainer.com . The postal address of the service provider is BEMYPRIVATETRAINER E.U., Schiffmuhlenstrasse 44-46/25/12, 1220 Vienna. Changes to the contact details are reserved. In the event of such change, BEMYPRIVATETRAINER e.U will notify you.

 

§ 23 Severability Clause

 

If any provision of the present terms of use be or become invalid, the legal validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, a valid provision shall be deemed to have been agreed, which comes closest to the economic intention of the parties.

 

§ 24 Transfer of the Access of the User

 

The user is not entitled to transfer his access or other rights or obligations of the user agreement to a third party.

 

§ 25 Applicable Law

 

The present terms of use are subject to the laws of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sales of Goods (CISG).

 

§ 26 Jurisdiction

 

The exclusive place of jurisdiction for all disputes arising out of the present terms of use is, as long as such jurisdiction agreement is permitted, the seat of BEMYPRIVATETRAINER e.U.

 

§ 27 Consumer conciliation, information according to § 36 Consumer Dispute Settlement Act

 

(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: info@bemyprivatetrainer.com . 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.