Terms

Terms and Conditions

Revocation
Cancellation

You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period shall be fourteen days from the date of conclusion of contract. To exercise your right, you have to inform us (Omundo Media GmbH, Kastanienallee 74, 10435 Berlin) by means of a clear declaration to revoke the agreement (for example, a consigned by post mail, fax or email). You can use the attached cancellation form model, but it is not compulsory. To safeguard your right to revoke, the cancellation period is sufficient in time to allow for you to communicate your wish to cancel before the expiration period.

Effects of cancellation

If you cancel this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, low-cost Standard delivery). We will pay you immediately, at the latest within fourteen days from the date on which the notification of cancellation of contract has been received by us. We refund to the same method of payment that was used in the original transaction, unless you expressly state otherwise; in any case you will be charged a fee for this refund processing.

The right to cancel the contract expires when the digital content has been delivered, or if the supplier has begun the execution of the contract, after the consumer has given his explicit consent and has simultaneously confirmed his knowledge that he loses his right of cancellation with the beginning of the execution of the contract.

We inform you about the model withdrawal form according to the statutory scheme as follows:

Cancellation form model (via e-mail to recall@absoluteandre.com)

(If you want to withdraw from the contract, please fill out this form and send it back to us.)

  • At Omundo Media GmbH, Kastanienallee 74, 10435 Berlin:
  • I hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)
  • Ordered on (*) / received on (*)
  • the / consumer name (s)
  • ADDRESS OF / consumer (s)
  • the / consumer Signature (s) (only for message on paper)
  • Date

Underline (*) Delete

End of revocation

Omundo Media GmbH - Terms and Conditions

These are the Terms and conditions of Omundo Media GmbH (hereinafter "Provider") for the use of the information on the platform "Absolute Andre". These Terms and Conditions govern the contractual relationship between the seller and the natural and legal persons, as the registered members (hereinafter referred to as “Users”), for use of the platform. By registering to the platform the user is liable for payment.

§ 1 Object of Contract

(1) By sending the order, the user makes a binding offer directed to the provider aimed at a conclusion of a purchase contract. By sending the order, the customer recognises these terms and conditions, as the legally prevailing relationship with the provider. The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation constitutes acceptance of the contract offer by the provider. It also serves to inform the customer that the order is received by the provider.

(2) The terms of use:

  1. the online retrieval of information from the platform or individual parts;
  2. The reproduction of individual content by the user by way of Downloads, or printing;
  3. The retrieval of non-downloadable information services (streaming);

(3) The seller shall be entitled to change the services offered (platform content, structure, etc. of the platform and user interface), so long as the fulfilment of purpose agreed with the user will not be significantly affected. The user will be notified in good time of any relevant amendments by the seller in appropriate form (for example, via e-mail).

§ 2 Access

The information service is available 24 hours a day for on-line access via the Internet. Within these operating times the provider ensures the user an average availability of 97% for the platform. Exceptions are short maintenance periods or failures due to force majeure, including interruptions in network availability, outside the supplier's control, a (See also § 4 below).

§ 3 Registration

(1) The use of the platform requires a registration. The user is obliged to provide the requested data during the registration in a accurate and complete manner.

(2) Registration confirms liability of payment.

(3) After registration, the user receives an access ID and password. The user assigned access code and password is protected by third parties. The connection will be broken if, during access/log-in, an incorrect password is entered three consecutive times.

§ 4 Technical Requirements

(1) The user is himself responsible for the technical requirements needed in order to allow for undisturbed access to the platform and download of the contents. The user is responsible for the procurement and maintenance of all hardware as well connection to public telecommunications networks that are needed.

(2) The user is responsible for the costs of setting up and maintenance of the online connection. The provider is not liable for the security and presence of data communication, which is performed via communication networks of third parties. The provider is not liable for errors in data transmission, which are caused by technical errors or configuration problems on the user side.

(3) The user is responsible for the set up of his hardware and software and his lines of communication/ network connections. A failure of the hardware and software used by him does not remove the obligation to pay the monthly fee.

(4) In order to achieve a good operation and the highest possible data security, only the last three versions of popular Internet browser are supported for the use of the contents of the program. Users with older browsers - also in the interests of their own data security - are recommended to perform an update to a newer version.

§ 5 Use Rights Granted

(1) The platform and the individual contents are - unless otherwise noted - protected by copyright. The user is obliged to observe the existing copyright, and is obligated to not violate them.

(2) The user may retrieve the contents for private personal use only, possibly download for usage. As a measure of this, a limit of § 53 UrhG applies. The retrieved information may only be used for personal needs of the user himself.

(3) The contents may not be either downloaded or duplicated, in whole or in part, or be made accessible to the public or third party. Also may not be presented or reproduced or further distributed to any third party permanently or temporarily, deliberately or not. Nor is any any further adaptation, translation and other content editing permitted.

§ 6 Remuneration and Payment Methods

(1) For the use of the platform, the specified offer price will be invoiced. Billing is based on user identification obtained from user ID and password entered.

(2) You can choose to pay the program fee by credit card, bank transfer or PayPal. The charge onto your credit card account, current account or PayPal account is done upon completion of the order.

(3) If a debit payment fails (for example, because the account of the buyer could not cover it), the payment service will impose chargeback fee of EUR 5.00 for the failed debit. These chargeback fees will be passed by the seller to the buyer plus 5.00 EUR handling charges. Moreover, in case of late payment, overdue fines and legal default interest rates will apply.

§ 7 Copy and exclusion from use

(1) The provider is entitled to provide a code for all available downloadable content in order to prevent unauthorised use. The user is not entitled to remedy these encodings. The provider is entitled to develop the coding technique according to the state of technological development and in the framework of legality.

(2) The user acquires the right to retrieve the program streaming content online (use), but not the right to store this content permanently. In particular, storing of of streaming content, copying and recording with capture software, etc. are prohibited. Furthermore, it is not permitted to pass on streaming content or make available to third parties.

(3) In cases of serious and / or repeated violations of these Terms of Use, users may be temporarily or permanently excluded from using the platform. The temporary or permanent exclusion of a user must be preceded by a demand to refrain from the conduct complained of. Only then, if the user in question does not correct his behaviour, can the exclusion can be pronounced. Previously excluded users can be allowed access again, if it is ensured that he will refrain from abusive conduct in the future.

§ 8 Warranty and Liability

(1) The platform "Absolute Andre" is not intended for medical diagnosis or treatment of any symptoms or diseases. If you have any doubts about your health and / or suffer from any particular mental and / or neurological disorders, we advise against using the platform, and urge you to seek the consultation of a doctor. Liability claims against the provider, which were caused by the use or misuse of the online platform or the featured exercises, are excluded. This includes - but is not limited to - all personal injury. The provider expressly reserves the right to change parts of or the entire offer/website without prior notice. As well as add to, delete or cease publication temporarily or permanently.

(2) The contents of the products/website do not replace medical examination or treatment. This is not medical advice. There is personal responsibility, that is, All information will be used at your own risk.

(3) The provider is not liable for the durability, suitability and faultlessness of the users own public transmission cables/lines and the owners own data communication equipment used.

§ 9 Duration of the paid access

(1) The license agreement is concluded for a period of three months. After this period, the contract is not automatically renewed. The obligations of the user under Section 6 of this Agreement will stand. These obligations are not affected if the user cancels, or doesn’t respect the contracted deal.

(2) The above provisions do not affect the right of both parties to terminate for just cause. An important reason for the provider will be, in particular, if the continuation of the contract is not reasonable until the expiry of the contractual period of notice. The provider will take into account all the circumstances of the individual case and weigh the interests of both the provider and the user. A good cause includes the following events:

  • Non-compliance by the user;
  • Violation of the user against his contractual obligations.
§ 10 Applicable Law

The contract made with the users is exclusively subject to German law, excluding the UN CISG.

§ 11 Jurisdiction Agreement

Exclusive place of jurisdiction is in the location of the providers in Berlin.

§ 12 Subject to change

The provider is entitled at any time to amend these Terms and Conditions or supplemented as far as is required by corresponding changes in the law or in the course of expanding the scope and technical events of the platform in order to cover the new built-in functions. The user has the right to object to such a change. If the user does not oppose the amended terms within 6 weeks after notification, the changes will be effective. The provider will notify the user in writing or via e-mail at the beginning of the period, to point out that the notification of change shall be deemed accepted if the user does not oppose it within 6 weeks.

§ 13 Final Provisions

(1) Unless otherwise agreed, the User may submit all notices to the seller by e-mail, using the contact form or in a letter. The provider may send notices to the user by e-mail or letter to the addresses which the user has stated as current address which he provided under contact data of his user account.

(2) If any provision of these Terms of Use are or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties undertake responsibility to replace an invalid provision, with a valid one which comes as close as possible to the to the economic reason and intended purpose of the previous invalid provision. This applies to contractual loopholes.