The english version of the GTC has been translated with Deepl. The German version is decisive.
1. Introduction
MyHomeWorkout LLC (hereinafter also "MyHomeWorkout") with its registered office at Hauptstrasse 129 in CH-8274 Tägerwilen is a limited liability company registered in the Thurgau Commercial Register under the company identification number CHE-328.624.143. MyHomeWorkout LLC operates a fitness and coaching platform on the Internet under the name "MyHomeWorkout" and the addresses myhomeworkout.ch, myhomeworkout.li, myhomeworkout.at (including all subdomains).
2. Scope of the GTC
These General Terms and Conditions ("GTC") govern the contractual relationship between MyHomeWorkout LLC and the users (hereinafter also referred to as "Users", "Members" or "Coaches"). They apply to the use of the platform by the User and to all services that MyHomeWorkout provides to the User in connection with the platform. The User accepts these GTC by using the platform. Any GTC of the User do not apply to the contractual relationship between MyHomeWorkout and the User. MyHomeWorkout reserves the right to change these conditions at any time and without giving reasons. The amended conditions will come into force upon publication on the website. If the changes lead to further substantial obligations or to the restriction of rights, the users are informed by email. Such conditions can be rejected within 30 days after publication in writing by post office or Mail aninfo@myhomeworkout.ch. Accounts of users who reject the changes will be deleted. If the conditions are not rejected in writing within 30 days after publication, the changes are considered accepted.
3. Position of MyHomeWorkout
4. User of MyHomeWorkout
Natural persons can register as users. Registration, login and use of the platform are free of charge.
4.1 Registration as a member
Registration as a member is permitted to all persons who have reached the age of 13. During registration, gender, first name, last name, date of birth and e-mail address are recorded. A personal and non-transferable user account is created for each member.
4.2 Registration as a coach
Registration as a coach is permitted to persons of legal age and capacity. During registration, gender, first name, last name, date of birth and e-mail address are recorded. A personal and non-transferable user account is created for each coach.
4.3 Deletion of user data
The User can request the deletion of his user account at any time by sending an email to info@myhomeworkout.ch or can do this himself via the platform. MyHomeWorkout can delete or block a user account at any time. The User cannot derive any claims against MyHomeWorkout in connection with a deletion or blocking by MyHomeWorkout. After a deletion, a User may not register again on the Platform without the written consent of MyHomeWorkout.
5. Services of MyHomeWorkout
As owner, MyHomeWorkout operates a fitness and coaching platform and makes this platform available to users. The user has the non-exclusive right to consume live sessions on the platform as a member or to perform sessions as a coach. MyHomeWorkout continuously develops the platform. The respective current scope of functions results from the service description on the website. MyHomeWorkout reserves the right to adjust the type and scope of the services at any time, to limit them in time or to discontinue them.
5.1 Services offered by third parties
MyHomeWorkout may offer its users services from third party providers. Users can obtain these service offers from third-party providers. The conditions under which the service offers of third-party providers are provided are determined by the respective service provider. MyHomeWorkout acts as an intermediary between the Users and the service providers and is not responsible for the service provision of the third party service providers. MyHomeWorkout and the third party providers reserve the right to adjust the type and scope of these offers at any time, to limit them in time or to discontinue them.
6. Services and obligations of the users
Users agree to comply with the following:
Users are obliged to provide complete and correct information at all times. If incomplete or incorrect information is provided, the User is obligated to immediately update this information completely and correctly. The User is solely responsible for the completeness, up-to-dateness and correctness of the information that the User provides about him/herself. MyHomeWorkout cannot be held liable for damages resulting from incomplete and/or incorrect information. MyHomeWorkout is not obligated to verify the content or information provided by and about Users. MyHomeWorkout may provide for or waive additional information and/or verification at any time.
Users must keep their access data secret. In case of disclosure to third parties, the User is obliged to change the password immediately and to inform the customer service of MyHomeWorkout in writing to info@myhomeworkout.ch. MyHomeWorkout is entitled to assume that the user has logged in himself when using the user's access data. The user is fully responsible to MyHomeWorkout for the use of the customer area by third parties.
6.3 Respectful handling
Users are required to treat each other with respect. MyHomeWorkout wants to create a safe and friendly environment and therefore does not tolerate any discrimination. Behavior that violates legal prohibitions or good manners must be reported immediately to info@myhomeworkout.ch.
7. Data protection and rights
When registering and during the use of the platform, MyHomeWorkout collects and stores various data of the User. The handling of data is regulated in the privacy policy.
7.2 Transfer of rights and obligations to third parties
MyHomeWorkout reserves the right to transfer individual rights and obligations to a third party, to pledge them or to have them exercised by a third party; in doing so, MyHomeWorkout provides the Users with security that the third party will fulfill any obligations.
Any use of the trademark "MyHomeWorkout" is prohibited without the prior written consent of MyHomeWorkout. All content on the platform, with the exception of content submitted by users, is protected by copyright and belongs solely to MyHomeWorkout (all rights reserved). Reproduction, modification or linking of the content, in whole or in part, is prohibited without the prior written consent of MyHomeWorkout. The contents transmitted by the user may not violate any intellectual property rights of third parties (in particular no copyrights). If the User uses contents to which third parties have a property right, the User must ensure that no property rights of third parties are violated. If a third party asserts such rights against MyHomeWorkout, the User undertakes to fully indemnify MyHomeWorkout.
The contents transmitted by the user must not violate any personal rights of third parties. If a third party asserts such rights against MyHomeWorkout, the user undertakes to fully indemnify MyHomeWorkout.
8. Technical interventions and malfunctions
The use of mechanisms, software or other scripts that could interfere with the proper operation of the platform is prohibited. Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure of MyHomeWorkout. Users are prohibited from blocking, overwriting or modifying content generated by MyHomeWorkout or interfering with the MyHomeWorkout platform in any other way.
MyHomeWorkout endeavors to keep the platform accessible as constantly as possible. However, in particular for maintenance, security or capacity reasons or due to events beyond the control of MyHomeWorkout (such as disruptions and interruptions of public communication systems, power outages, etc.), disruptions or temporary suspension of the operation of the platform may occur. MyHomeWorkout is therefore not liable for a temporary unavailability of the platform, the failure of individual or all website and platform functions or for malfunctions of the platform, in particular not for damages caused by software defects, hacker attacks or other problems caused via the Internet. This does not give rise to any claim on the part of the user.
9. Disclaimers
MyHomeWorkout takes precautions to protect the platform as well as all applications of the same from unauthorized interference by third parties. However, absolute protection does not exist and is not guaranteed by MyHomeWorkout. MyHomeWorkout can in no case be held liable for the consequences of unauthorized interventions by third parties.
MyHomeWorkout is not liable for the topicality, correctness, legality, completeness or quality of the content published on the platform or the content of websites that are accessible via links on the platform. This exclusion applies regardless of whether this information was posted by Users or by MyHomeWorkout itself.
MyHomeWorkout is only liable for direct damages caused by an intentional or grossly negligent own action of MyHomeWorkout. Subject to mandatory legal provisions, any liability of MyHomeWorkout, its representatives, employees and auxiliary persons (including third parties providing services for MyHomeWorkout) for direct damages in case of slight negligence, for indirect damages or for consequential damages (e.g. loss of profit or consequences of data loss) - regardless of the legal reason - is fully and expressly excluded.
9.4 Injuries
The use of the offers of MyHomeWorkout, especially the use of the platform as well as the participation in workouts, is at your own risk. On part of MyHomeWorkout any liability for direct and indirect damages is excluded. Coaches who offer workouts cannot be held liable for any damages (e.g. injuries). The conclusion of an insurance is the responsibility of the user.
Any liability of MyHomeWorkout for the misconduct of Users, in particular in connection with false information of Users or contents of Users that violate the rights of third parties, is fully and expressly excluded. The user indemnifies MyHomeWorkout from all claims of third parties, which are raised from the violation of rights of third parties by the contents provided and/or posted by the user, and the user compensates MyHomeWorkout for all possible further damages. In relation to MyHomeWorkout, the user assumes sole liability and all necessary and useful expenses as well as costs of judicial and extrajudicial defense against such claims (including court and attorney fees).
10. Reservation of written form
Agreements deviating from these GTC are only valid if MyHomeWorkout has expressly agreed to them in writing.
11. Severability clause
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
12. Place of jurisdiction
The contractual relationship between the user and MyHomeWorkout (including these GTC) is exclusively subject to Swiss law, excluding state treaty agreements. All disputes or claims arising from or in connection with the contractual relationship between the user and MyHomeWorkout will be decided by the ordinary courts. The exclusive place of jurisdiction is Kreuzlingen, Switzerland. MyHomeWorkout reserves the right to prosecute the user at any other competent court. Possible mandatory consumer courts of law remain reserved.
Tägerwilen, 1 October 2021
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