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Terms and Conditions with customer information Table of Contents

Table of Contents

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Fitness Nation GmbH (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in relation to the information provided by Seller completes his goods displayed on his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 For contracts for the delivery of goods shown in the print catalog of the seller, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.

1.3 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.

1.4 For contracts for the delivery of tickets, these terms and conditions apply accordingly, unless expressly otherwise stipulated. These terms and conditions govern only the sale of tickets for certain, in the item description of the seller specified events and not the execution of these events. For the execution of the events, only the statutory provisions in the relationship between the customer and the organizer and, if applicable, deviating conditions of the organizer apply. Unless the seller is also the organizer at the same time, he is not liable for the proper performance of the event, for which only the respective organizer is responsible.

1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. In addition, the customer may submit the offer to the seller by telephone, e-mail or online contact form.

2.3 In the case of orders for goods displayed in the print catalog of the seller, the customer may submit his offer by telephone, fax, e-mail or post to the seller. For this purpose, the customer can fill out the order form attached to the seller's print catalog and send it back to the seller.

2.4 The seller can accept the offer of the customer within five days,

  • by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
  • by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
  • by asking the customer to pay after submitting his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.5 When placing an offer via the online order form of the seller, the contract text will be stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up by the customer via his password-protected user account with the corresponding login data

2.6 Prior to the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 The contract is concluded in German and English.

2.8 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

3.4 Pursuant to Section 312g (2) no. 9 BGB, unless otherwise agreed, a right of revocation does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Thereafter, a right of withdrawal is also excluded for contracts that have the sale of tickets for on-schedule recreational events to the object.

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.

4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Service, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account , available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.

5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed.

5.2 For goods that are delivered by forwarding, the delivery is "free curbside", ie up to the nearest curbside to the delivery address, unless otherwise stated in the shipping information in the online shop of the seller and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer, as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the seller has not previously designated the person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a specific hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 Pickup is not possible for logistical reasons.

5.7 Vouchers will be given to the customer as follows:

  • via download
  • by email

5.8 Tickets are given to the customer as follows:

  • via download
  • by email

6.1 The  consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.

6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:

7.1 Does the customer act as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for defects is one year from the passing of risk;
  • in the case of used goods, the rights and claims for defects are excluded in principle;
  • the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3 The limitations of liability and curtailment of time specified in the preceding paragraphs do not apply

  • for things which have been used for a structure in accordance with their usual use and which have caused its defectiveness,
  • for damages and reimbursement claims of the customer, as well
  • in the event that the seller has fraudulently concealed the defect.

7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the obligation to inspect and to give notice pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee, unless otherwise stipulated
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3 Incidentally, a liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of the goods according to specific specifications of the customer, the customer has the operator all necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image - and file sizes to provide and give him the necessary rights of use. The customer alone is responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.

9.2 The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all the information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.

If, in addition to the delivery of goods, the seller pays the contents of the contract as well as the assembly or installation of the goods at the customer's premises and, if necessary, appropriate preparatory measures (eg oversize), the following applies:

10.1 The Seller provides his services at his own choice or by qualified personnel selected by him. The seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the service description of the seller, the customer has no right to choose a specific person to carry out the desired service.

10.2 The customer must provide the seller with the information required for the performance of the service owed to the seller in full and truthfully, provided that the procurement thereof does not fall within the scope of the seller's obligations under the terms of the contract.

10.3 The seller will contact the customer after conclusion of the contract in order to arrange an appointment for the service due. The customer shall ensure that the seller or his assigned personnel have access to the customer's facilities at the agreed time.

10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the assembly work and handover to the customer.

11.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the Customer (hereinafter referred to as " Promotional Vouchers") can only be redeemed in the Seller's online shop and for the specified period.

11.2 Action vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.5 Only one promotional coupon can be redeemed per order.

11.6 The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller.

11.7 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

11.8 The balance of an action coupon is neither paid in cash nor interest.

11.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of revocation.

11.10 The Promotion Voucher is only for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

12.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.

12.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.

12.3 Gift Certificates can only be redeemed prior to completing the order process. Subsequent offsetting is not possible.

12.4 Only one gift certificate can be redeemed per order.

12.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.

12.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to settle the difference.

12.7 The credit of a Gift Certificate will not be paid in cash or interest.

12.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.

- The seller has submitted to the conditions of participation for the ecommerce "Fairness in Commerce" initiative, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .

16.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

16.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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Terms and Conditions - ZIVA DIGITAL for Premium Partners

With the online services ZIVA DIGITAL (hereinafter "ZIVA DIGITAL" or "Online Services") Fitness Nation GmbH (hereafter "ZIVA") offers you a comprehensive, web-based online system, the Fitness Company (hereinafter referred to as " Premiumpartner ") in the areas of customer loyalty and customer acquisition and other professional services. The premium packages are "ZIVAbeFit", "ZIVAgetFit", "ZIVAbeneFit", "ZIVAproFit" and "ZIVA Fitness Nation Community - Premium Membership". These can be booked individually or together. Access to ZIVA DIGITAL Premium Premium accounts, the premium partners via their personal, password-protected account.

ZIVA also has an extensive online information platform at www.ziva-fitness-nation.de with extensive information, offers and services related to fitness. Interested parties can access the platform for about

  • inform about fitness exercises, nutrition and health topics,
  • buy fitness products (such as Nutrition, Equipment) at the ZIVA online store,
  • Join the ZIVA Fitness Nation Community and
  • Find the gyms registered on the platform through the integrated search engine.

At the heart of the platform is the ZIVA Fitness Nation Community, an online community that brings together fitness enthusiasts, athletes and fitness companies. Authorized users (members) are registered users for the community. The members are consumers (hereinafter referred to as "athletes") and entrepreneurs such as gyms and other companies in the fitness industry (hereafter "premium partners"). Entrepreneurs have the opportunity to become a member by signing a premium partner contract with the premium ZIVA Fitness Nation Community Premium membership package. With the premium package "ZIVAproFit" you also have the opportunity to benefit from purchases made by your members in the ZIVA online shop via a [bonus system / loyalty program / affiliate program?] And to place your own merchandising products.

1 Scope

1.1 Application for the online services ZIVA DIGITAL

These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between ZIVA and the Premium Partner for the online services ZIVA DIGITAL and any additional services in connection with ZIVA DIGITAL.

1.2 Special Terms and Conditions

Special terms and conditions apply to the respective premium package and additional services (eg purchase of hardware) (see section 10.). In the case of contradictions, the respective Special Terms have precedence over these Terms and Conditions.

2 Contract

2.1 The subject of the contract is the access to ZIVA DIGITAL for its intended use by the premium partner via an internet connection via a browser or the ZIVA App for a fee for the agreed term.

The Premium Partner receives the technical possibility to access in the booked amount on ZIVA DIGITAL, which is hosted on a server of the ZIVA or a third party commissioned by ZIVA, via internet connection via a browser or the ZIVA APP and the functionalities within the contractual Agreements for the duration of the contract. The premium partner receives access to ZIVA DIGITAL with the premium packages booked in each case via his personal, password-protected online account. Unlocked is the booked functionality.

The type and scope of the online services depend on the premium packages booked by the premium partner. These include "ZIVAbeFit", "ZIVAgetFit", "ZIVAbeneFit", "ZIVAproFit" and "ZIVA Fitness Nation Community - Premium Membership". These can be booked individually or together. Optional additional services may be ordered in connection with ZIVA DIGITAL (including hardware purchase).

The scope of services per booked package and, if commissioned, of additional services as well as the system requirements arise from the service description ............ .u. ZIVA provides the online services in the current program status.

ZIVA DIGITAL is available to the premium partner at its discretion in German or English.

The set-up by ZIVA includes the technical setup and activation of the system for the premium partner (activation of ZIVA DIGITAL for the use of the booked premium packages). On-site services at the Premium Partner are not owed, unless agreed.

ZIVA leaves the premium partner storage space on a server to store its data and content in the context of the intended use of ZIVA DIGITAL. The premium partner can store content up to a volume of ... MB. If the storage space for storing the data should no longer be sufficient, ZIVA will inform the premium partner. The premium partner can book appropriate contingents subject to availability.

2.2 ZIVA provides online services with 98% availability on a monthly average minus maintenance. ZIVA is authorized to perform maintenance work for a total of five hours during the calendar month between 3:00 pm and 3:00 am Central European Time (CET). During maintenance ZIVA DIGITAL is not available for use. In addition, ZIVA may, in consultation with the premium partner, suspend availability for a defined period of time to perform maintenance. The Premium Partner will not unreasonably refuse consent to such interruptions. Conditions of law; better SLA ?, please Rspr. (availability, response times, service times ...)

Subject to availability, the parties understand the technical usability of ZIVA DIGITAL at the transfer point for use by the authorized user. It refers to the services specified under www .... / In the offer / ... at the transfer point. Handover point is the router output of the data center where the software is hosted.

2.3 The premium partner support is available to the premium partner by e-mail and by phone for user questions and to receive fault notifications on weekdays Mon-Fri excluding public holidays in xxx from 9:00 am to 7:00 pm (CET) available.

2.4 Additional services must be agreed separately and reimbursed according to expenditure (eg training, individual adjustments) or the purchase price to be paid when purchasing hardware.

3 Conclusion

3.1 Offers for ZIVA DIGITAL are for entrepreneurs only. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity (§ 14 BGB). By submitting his declaration to conclude the contract, the premium partner declares that he is acting as an entrepreneur.

3.2 Product representations and price lists of ZIVA are not binding, as long as they do not form part of a contractual agreement or a quote marked as binding.

3.3 Contracts are concluded by offer and acceptance under the terms of these Terms and Conditions. ZIVA will send an offer to the premium partner by e-mail, fax or letter upon request. This offer can be accepted by the premium partner by means of a declaration of acceptance to be submitted to ZIVA by fax, e-mail or letter within 20 working days from receipt of the offer. For the calculation of the deadline, the day of the offer access is not counted. The contract under the terms of these terms and conditions comes about with timely acceptance by the premium partner. If the premium partner does not accept the offer within this period, the ZIVA is no longer bound by the offer.

4 Compensation; Payment terms

4.1 Unless otherwise agreed, the monthly fee is payable pro rata for the remainder of the calendar month, starting on the day of the conclusion of the contract. Thereafter, the monthly fee is to be paid in advance each calendar month. If a price is calculated for parts of a calendar month, it will be charged at 1/30 of the monthly price for each day.

4.2 The set-up fee is payable upon conclusion of the contract. This also applies to other one-off payments agreed upon conclusion of the contract (for example for training courses).

4.3 The remuneration is determined according to the prices valid at the time of the conclusion of the contract unless otherwise agreed. Prices are Euro prices and are exclusive of the applicable statutory value added tax.

4.4 If additional services have been agreed upon, these will be charged according to the agreed hourly or daily rate, unless a fixed price has been agreed (for example, one-time set-up fee, purchase price). The billing of hourly rates is for each begun quarter of an hour (15-minute intervals). A daily rate refers to 8 hours.

Travel costs, travel time?

4.5 Payment is due for payment upon receipt of the invoice without discount.

4.6 A payment is deemed to have been received as soon as the equivalent value has been credited to a ZIVA account. In case of late payment, ZIVA is entitled to interest on arrears i.H.v. 5 percentage points above the respective base interest rate. The legal rights of ZIVA in the event of late payment by the Premium Partner remain unaffected.

4.7 The offsetting of claims of the premium partner with claims due to ZIVA is only permitted if the claims of the premium partner are undisputed or legally established.

5 Participation and duties of the Premium Partner

5.1 The Premium Partner shall ensure that its participation in the performance of the contractual services is available in a timely manner at its expense. In particular, he will provide ZIVA with the information required for the provision of the contractual services in good time and ensure the contractual condition of his hardware, the required operating system, the required browser, his Internet access and the online connection.

The premium partner is responsible for the data connection between the workstations / terminals he intends to use and the transfer point (router output of the data center in which ZIVA DIGITAL is hosted).

Data import / other concrete examples?

5.2 The premium partner is required

5.3 The Premium Partner will take reasonable precautions (such as daily backups at least once a week, fault diagnosis, periodic review of data processing results) in the event that ZIVA DIGITAL does not operate properly.

5.4 The premium partner is obliged to ensure that ZIVA DIGITAL is used as intended and in accordance with the contract through suitable contractual agreements with its employees. He will also ensure that paragraphs 5.1 to 5.3 are complied with.

5.5 The content stored by the Premium Partner in the storage space designated for it may be protected by copyright and data protection laws. The premium partner hereby grants ZIVA the right to make the content stored on the server accessible to the premium partner during its queries via the internet and in particular to be able to duplicate and transmit it for this purpose and to reproduce it for the purpose of data backup. This also applies to the public making available (for example, in the premium package "ZIVA Fitness Nation Community - Premium Membership") when querying third parties via the Internet.

6 Use rights granted

6.1 ZIVA grants the premium partner a simple (non-exclusive) right, limited in time to the duration of this contract, to access ZIVA DIGITAL via telecommunication (internet connection) and to book the functionalities of the software as intended Scope to use. The premium partner does not receive any further rights, in particular software or operating software.

6.2 Rental and other transfer or making available to third parties is not permitted, whether for consideration or free of charge. Source / object code of the software is not left. For the use of ZIVA Apps, however, the premium partner is entitled to install the app for its booked duration in the object code on a terminal device and to use it as intended.

6.3 ZIVA has the exclusive rights of use for special programming and other individual adjustments. For the duration of the contract, the premium partner is granted the rights according to sections 6.1 and 6.2. Section 6.4 applies accordingly.

6.4 The Premium Partner is not entitled to use ZIVA DIGITAL and / or storage space beyond the use permitted under the contractual agreement, or to use it by third parties or to make it available to third parties.

7 Liability

ZIVA is liable for all contractual, contractual and legal, as well as tort claims for damages and reimbursement of expenses as follows:

7.1 ZIVA is liable without limitation for any legal reason

7.2 If ZIVA negligently violates a material contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 7.1 above. Significant contractual obligations are obligations that the contract imposes on the supplier according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the premium partner can regularly rely.

7.3 For the rest, liability of ZIVA is excluded.

7.4 A change in the burden of proof to the detriment of the Premium Partner is not associated with the above provisions.

7.5 The above provisions also apply with regard to the liability of ZIVA for its vicarious agents and legal representatives.

8 Contract period and termination

8.1 The contract enters into force upon conclusion of the contract and runs indefinitely. It has a minimum term of 12 months from the first day of the month following the conclusion of the contract. The contract can be terminated for the first time with a notice period of three months to the end of the minimum term. It shall be extended for a further 12 months at the end of the minimum term or at the end of the respective 12-month period unless terminated by one of the parties in advance, subject to a notice period of 3 months to the end of the respective 12-month period.

Other premium packages / additional services can always be booked or ordered at any time.

8.2 The right of both parties to extraordinary termination for cause remains unaffected. ZIVA is in particular entitled to extraordinary termination if the premium partner is in default of more than 30 days with a payment after the second reminder or allows third parties access to the contract in breach of contract.

8.3 Terminations must be in writing.

8.4 Upon contract termination, the access data of the Premium Partner is no longer active and access to ZIVA DIGITAL is blocked. Premium partner data will be deleted by ZIVA at the latest four weeks after contract termination, as long as there is no legal obligation to keep records for ZIVA. The premium partner must export his data before the contract is terminated and secure it himself if he needs it beyond the contract termination.

9 Confidentiality

ZIVA and the Premium Partner are obliged to keep secret all confidential information, business and trade secrets obtained within the framework of the contractual relationship, in particular not to disclose it to third parties or to use it other than for contractual purposes.

10 Special Terms and Conditions

10.1 Premium Packages under ZIVA DIGITAL Online Services:

  • „ZIVAbeFit“
  • „ZIVAgetFit“
  • „ZIVAbeneFit“
  • „ZIVAproFit“
  • „ZIVA Fitness Nation Community Premium Membership“

Fitness Nation GmbH (hereinafter "ZIVA") operates an online platform at www.ziva-fitness-nation.de with extensive information, offers and services relating to the topic of fitness. Interested parties can look at the platform for about

  • inform about fitness exercises, nutrition and health topics,
  • buy fitness products (such as Nutrition, Equipment) at the ZIVA online store,
  • Join the ZIVA Fitness Nation Community and
  • Find the gyms registered on the platform through the integrated search engine.

At the heart of the platform is the ZIVA Fitness Nation Community, an online community that brings together fitness enthusiasts, athletes and fitness companies. Authorized users (members) are registered users for the community. The members are consumers (hereinafter referred to as "athletes") and entrepreneurs such as gyms and other companies in the fitness industry (hereafter "premium partners"). For athletes the membership is basically free of charge, for entrepreneurs against payment. Entrepreneurs have the opportunity to become a member by completing a premium partner contract with the premium ZIVA Fitness Nation Community Premium membership package.

[……] Reference to terms of use for athletes

10.2 Benefits

Purchase contracts under the ZIVA DIGITAL Online Services

  • Stele
  • HDMI Stick

Other additional services

11 Final Clauses

11.1 This is without prejudice to the inclusion of customer's own terms and conditions unless ZIVA DIGITAL has given its written consent.

11.2 All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, excluding conflict of law rules and excluding the laws governing the international sale of goods (CISG).

11.3 The place of performance is the registered office of ZIVA. If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of ZIVA. If the customer is located outside the territory of the Federal Republic of Germany, the seat of ZIVA is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the occupational or commercial activity of the customer. However, in the above cases, ZIVA is in any case also entitled to call the court at the customer's registered office.

11.4 The contract language is German.

Terms of use community

A. Terms of Use for the Use of ZIVA Fitness Nation

1 Scope, definitions

1.1 These Terms of Use of ZIVA Fitness Europe GmbH, Bergstraße 18, 59394 Nordkirchen (hereinafter referred to as "Operator") apply to the use of the online portal provided by the operator at the Internet address www.ziva-fitness-nation.de (hereinafter "ZIVA Fitness Nation ") and the software contained therein. The services provided by the operator are specified in section 4.

1.2 Users in terms of these terms of use is the generic term for registered users and guests. Users within the meaning of these Terms of Use are only consumers.

1.2.1 Registered Users have the ability to access reading ZIVA Fitness Nation and to use certain technical features.

1.2.2 Guests are users who only have read access to the parts of ZIVA Fitness Nation that do not require registration.

1.2.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2 Right to use

2.1 Permitted are natural persons acting as consumers. Individuals with unlimited legal capacity (especially minors) may only use ZIVA Fitness Nation with the consent of their legal representative. The operator reserves the right to make the use of ZIVA Fitness Nation dependent on the submission of a written consent of the legal representative. By submitting his declaration of consent to these terms of use, the user confirms that he fulfills the aforementioned conditions when concluding the user contract.

2.2 Each user may register only once. His entitlement to use ZIVA Fitness Nation is personal to him and is not transferable.

3 Registration, conclusion of contract

3.1 With the successful registration or as part of the reading access as a guest comes a user agreement between the operator and the user on the use of ZIVA Fitness Nation subject to these Terms of Use.

3.2 After entering his data into the online form provided for this purpose, the user can log in by clicking on the button that completes the registration process. Submitting the registration data represents the offer of the user to conclude the user contract, which the operator can accept, but does not have to accept. The operator can accept the offer of the user within five days after receipt of the request by an electronic (e-mail) transmitted order confirmation or by activation of the user account. If the operator does not accept the contractual offer of the user within the aforementioned period, this shall be deemed a rejection of the offer.

3.3 The contract text is stored by the operator, but can no longer be accessed by the user after submitting his contract explanation via the website of the operator.

3.4 Before submitting his contract declaration, the user can correct his inputs continuously using the usual keyboard and mouse functions.

3.5 Only the German language is available for the conclusion of the contract.

3.6 The e-mail address serves to identify and personalize the user. The user must ensure that the e-mail address specified by him during the online registration is correct, so that the e-mails sent by the operator can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by the operator or third parties commissioned with the processing can be delivered.

3.7 The data requested during the registration must be completely and correctly stated by the user. The user is obliged to keep this data (including e-mail addresses) always up to date. The transmitted data are not checked by the operator for their correctness and completeness.

4 Performance of the operator

4.1 With ZIVA Fitness Nation, the operator provides an online portal via which users can set and / or call up user profiles using the software provided by the operator, as well as contact other users of the portal.

4.2In order to use ZIVA Fitness Nation, the operator gives the user access to his website and provides him with suitable software that remains on the server of the operator. The functionality and technical specifications of the software are described in more detail in the service description on the website of the operator. From the operator creation and maintenance of the data connection between the IT system of the user and the server of the operator is not owed.

4.4 ZIVA Fitness Nation is offered subject to availability. An availability of 100 percent is not technically feasible and can therefore not be guaranteed to the user by the operator. However, the operator strives to keep the service as constant as possible. In particular, maintenance, security or capacity issues as well as events outside the control of the operator (disruptions to public communication networks, power failures, etc.) may result in disruption or temporary cessation of service. As far as possible, the operator will carry out the maintenance work in periods of low use.

4.5 The software will be updated by the operator at irregular intervals. Accordingly, the user receives only one right to use the software in its current version. The user has no claim to the achievement of a particular state of the software.

5 Changes in performance

5.1 The operator reserves the right to change the services offered or to offer different services, unless this is not reasonable for the user.

5.2 The operator reserves Furthermore, it proposes to change the services offered or to offer different services,

  • insofar as it is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court order against himself or a decision of the authorities;
  • as far as the respective change is necessary to close existing security gaps;
  • if the change is only beneficial to the user; or
  • if the change is of a purely technical or procedural nature without significant impact on the user.

5.3 Changes with only insignificant impact on the functions of ZIVA Fitness Nation do not constitute performance changes within the meaning of this section. This applies in particular to changes of a purely graphical nature and mere change the ordering of functions.

6 Duties of the user, responsibility for content

6.1 Each user is solely responsible for the content of the information he posts on ZIVA Fitness Nation, in particular for its truthfulness and legal certainty. The user assures that the data given by him correspond to the truth. The user ensures that the content he has posted does not violate these terms of use or applicable law. In particular, the publication is prohibited

  • copyrighted content, if not authorized to use it (for example, photos the photographer and / or a person depicted have not consented to the publication on the Internet);
  • False factual statements;
  • Contributions aimed at personally attacking or defaming other users;
  • Racist, xenophobic, discriminatory or offensive content;
  • Youth-endangering content;
  • Violence of glorifying content;
  • Links to pages that do not comply with the law or these Terms of Use.

6.2 The content posted on ZIVA Fitness Nation is exclusively attributable to the respective user and do not reflect the views of the operator. The operator does not guarantee the correctness of the contents. Each user is responsible for reviewing the veracity of content.

6.3 Users are generally liable for all activities that are made using their access, as far as they are responsible for .

6.4 The user is under no obligation to use ZIVA Fitness Nation in one Use of a way that adversely affects the availability of the portal (eg uploading large files, spam). ZIVA Fitness Nation reserves the right to limit the amount of data for uploads to ensure the availability of the portal. ZIVA Fitness Nation may indicate a restriction on data uploads in the context of the Terms of Reference.

6.5 The user declares and accepts responsibility for having the right to use the content used in his entries. In particular, he shall ensure that his entries do not violate the rights of third parties, in particular copyright, trademark and personal rights as well as rights of a competition law nature.

6.6 The user is responsible for the confidentiality of the access data. He has to ensure that they are not accessible to third parties. The user must inform the operator immediately if there are indications that his access is being used by third parties or has become.

7 Rights of the operator

7.1 If the user violates legal regulations or these terms of use or if the operator has specific indications, the operator is entitled without notice and further examination

  • delete related entries of the user,
  • Modify entries under the editing right in paragraph 9,
  • to pronounce a warning,
  • to temporarily or permanently block the user's access or
  • to take other necessary and appropriate measures.

The operator's action depends on the individual case and is at the discretion of the operator.

7.2 If a user is banned, he may no longer use ZIVA Fitness Nation and not re-register.

7.3 The operator expressly reserves the right to take legal action against a user's breach of legal provisions or these Terms of Use.

8 Grant of rights of use by the operator

8.1 The operator grants the user a simple, revocable right limited to the duration of the contract of use, the online portal provided by the operator and the software contained therein under this terms of use

8.2 Without the written consent of the operator, the user is not permitted to make the contents made available to third parties. The user shall ensure that he does not prevent third parties from circumventing access to ZIVA Fitness Nation.

8.3 If the user seriously violates the agreed rights of use, the operator may extraordinarily terminate the granting of the usage rights and block access to ZIVA Fitness Nation. This implies an unsuccessful warning with reasonable deadline set by the operator.

8.4 The other legal and contractual provisions remain unaffected.

9 Grant of rights of use by the user

The Operator has the right to use or make available to third parties user-provided content and information for the ZIVA Fitness Nation website and the ZIVA Fitness Nation app. The user does not grant the operator free of charge exclusively and for the duration of the usage contract limits the rights of use required for this, in particular the right for permanent storage and storage and for public access, the right of reproduction and publication as well as the processing and distribution rights and assures this right to use rights to be entitled.

10 Remuneration

The use of ZIVA Fitness Nation is free for customers.

11 Indemnity

The user indemnifies the operator against all claims asserted by other users or other third parties against the operator for infringement of their rights due to content posted by the user or for any other use of ZIVA Fitness Nation. The user assumes the costs of the necessary legal defense including all court and legal fees in a reasonable amount. This does not apply if the infringement is not attributable to the user. The user is obliged to immediately, truthfully and completely provide the operator, in the event of a claim by a third party, with all the information necessary for the examination of the claims and a defense.

12 Liability of the operator

The operator is liable to the user for all contractual, contractual similar and legal, even tort claims for damages and reimbursement of expenses as follows:

12.1 The operator is fully liable for any legal reason

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee, unless otherwise stipulated,
  • due to mandatory liability such as under the Product Liability Act.

12.2 If the operator negligently violates an essential contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, if not in accordance with the above paragraph is limited liability. Significant contractual obligations are obligations that the contract imposes on the operator according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely.

12.3 In all other cases, the liability of the operator is excluded.

12.4 The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.

13 Duration, termination

13.1 The User Agreement is concluded for an indefinite period and may be terminated by the User at any time without notice and by the Operator with a notice period of two weeks.

13.2 The right to extraordinary termination for cause remains unaffected.

There is an important reason if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contract until the agreed termination or expiry of a period of notice.

One important reason is in particular:

  • a material breach of any material provision of these Terms of Use which is not remedied or repeated even after the deadline and which makes the continuation of the contract impossible or unreasonable;
  • the re-registration during an ongoing suspension according to section 7.1.

13.3 Cancellations must be made in writing or in writing (eg by e-mail) .

14 Modification of the Terms of Use

14.1 The Operator reserves the right to change these Terms of Use at any time without stating reasons because, this is not reasonable for the user. The operator will inform the user about changes to the terms of use in good time in writing. If the user does not object to the validity of the new terms of use within a period of four weeks after the notification, the changed terms of use shall be deemed to have been accepted by the user. The operator will inform the user in the notification of his right of objection and the meaning of the opposition period. If the user objects to the changes within the aforementioned period, the contractual relationship with the original conditions shall continue.

14.2 The operator also reserves the right to change these terms of service

  • insofar as he is obliged to do so due to a change in the legal situation;
  • to the extent that it complies with a court order or administrative decision against it;
  • insofar as it introduces additional, completely new services, services or service elements that require a specification in the Terms of Use, unless the previous usage relationship is thereby adversely affected;
  • if the change is only beneficial to the user; or
  • if the change is purely technical or procedural, unless it has a material impact on the user. The operator reserves the right to

14.3 The termination right of the User according to Section 13 remains unaffected.

15 Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

B. Conditions of Participation for ZIVA Fitness Nation Actions

1 Scope

1.1 These Conditions of Participation of ZIVA Fitness Europe GmbH, Bergstraße 18, 59394 Nordkirchen (hereinafter "Organizer") apply to the participation of consumers (hereinafter "Participants") in ZIVA Fitness Nation Actions such as z. This includes, for example, photo missions or video uploads (hereinafter "Action") organized via the organizer's online portal at www.ziva-fitness-nation.de (hereafter "ZIVA Fitness Nation") .

1.2 Actions in the sense of these terms of participation not affiliated with Facebook and not sponsored or sponsored by Facebook.

1.3 By participating in an event for the first time, the participant accepts the following conditions of participation as well as the terms of use for the use of ZIVA Fitness Nation in the current version.

Note: Apple Inc . / Google Inc. is not affiliated with, or is acting as a sponsor of, these contests.

2 Eligibility

Participation is open to natural persons acting as consumers and who are at least 18 years of age at the time of participation. Employees of the organizer as well as their relatives are excluded from participation.

3 Course of action

The content of ZIVA Fitness Nation users is assessed for the duration of an action. The selected content of the participants will be published on the ZIVA Fitness Nation website and app as well as the organizer's Facebook fan page. Participation is exclusively via the upload function on the website of the organizer at www.ziva-fitness-nation.de or directly via the ZIVA Fitness Nation-App. The winner is the participant whose content has the most positive ratings at the end of each action period. The duration of the promotion results from the respective action description on the website of the organizer at www.ziva-fitness-nation.de.

4 Granting of rights of use

4.1 The participant agrees that his selected content can be viewed on the ZIVA Fitness Nation Facebook page of the ZIVA Fitness Nation username. The participant is not entitled to a specific time of publication. The participant grants to the organizer free of charge all necessary rights of use for the provided content and assures that he is entitled to a corresponding granting of the right to use the rights.

4.2 The participant declares himself in the light of his general right to privacy as well his right in his own image also agrees to a free publication of the content sent in for participation, giving the name for the purpose of reporting on the organization and implementation of the action by the organizer in the following media:

  • Website www.ziva-fitness-nation.de
  • Website www.facebook.com/ZIVA.Fitness.Nation
  • Website www.instagram.com/ZIVA.Fitness.Nation
  • Website www.twitter.com/ZIVA_Fitness
  • Website www.youtube.com/c/liftandsquatde
  • Print medium „Fitnesszeitungen“.

5 Cancellation of the action

The organizer reserves the right to cancel the action at any time in whole or in part. This applies in particular if the action can not be carried out properly for reasons for which the organizer is not responsible, such as in case of force majeure, errors in the software and / or hardware and / or for other technical and / or legal reasons, which influence the administration, the security, the integrity and / or the regular and proper execution of the action.

6 Data protection

The organizer will only collect, process and use personal data of the participant for the purpose of carrying out the action. Incidentally, the privacy policy of the organizer apply.

7 Legal Remedy

The legal remedy is excluded.