Terms of Use

General Information

 

These Terms of Use apply to all legal relationships between bellicon Home GmbH, Moosstraße 1, 6003 Lucerne, Switzerland (hereinafter: "bellicon Home") and users resident in the Federal Republic of Germany in connection with the use of the video platform https://video.bellicon.com and all sub-pages (hereinafter: "Website") as well as the bellicon Home Application (hereinafter: "App"). With the conclusion of the contract, the user accepts these terms of use as binding for himself. 

 

Any deviating terms of the user shall not apply unless bellicon Home has expressly confirmed this in writing. Individual agreements always have priority.

 

The business relations between bellicon Home and the user are subject to the laws of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

 

The contract language is German and English. The authoritative text shall be the text written in the German language.

 

The user can retrieve, save and print these terms of use. In addition, bellicon Home stores the contract text after conclusion of the contract; however, this is not accessible to the user.

 

The place of jurisdiction shall be Cologne (Germany) if the user is a merchant or a legal person under public law or special assets under public law. The same applies if a user does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time the action is filed.

 

Users who are customers have the option of using alternative online dispute resolution. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online service contracts: http://ec.europa.eu/consumers/odr.

 

Duty to provide information pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): bellicon Home is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

 

Services provides by bellicon Home

 

bellicon Home offers users access to video training courses with bellicon trampolines on the website. In addition, bellicon Home provides a database on the website, where users can find trained trainers for private training with trampolines.

 

After a free registration, a user can first conclude a free trial subscription on the website and then purchase paid subscriptions with different terms for the use of the video database, watch training videos (max. 10 per day) or find a qualified bellicon trainer.

 

bellicon Home offers users, who wish to become a bellicon trainer, the opportunity to take part in paid trainer courses.

 

Furthermore bellicon Home offers a free app (for Android and Apple) for downloading in the App-Store. The app is only used to retrieve and play the content posted on the website. Registration with bellicon Home and the conclusion of a subscription or other contracts are not available via the App and must be carried out on the bellicon Home website. Only After registration on the website and purchase of a (chargeablepaid) subscription, the user will be able to use the app without restriction and, in particular, to play the training videos or education videos via the app or find a certified bellicon trainer.

 

Registration on the Website, Required Age

 

To be able to purchase a subscription and watch training videos and thus use the app to its full extent, the user must first register and create a user account. The user is asked to create a nickname and an individual password. He undertakes to keep the password secret and for his own protection not to disclose it to third parties. Until the registration process has been completed, the user will be able to correct the entries continuously using the usual touchscreen, keyboard and mouse functions. Before completing the registration process, the user must also accept these Terms of Use as well as an instruction on his own responsibility when repeating the exercises.

 

After initial registration, the user receives an e-mail with a confirmation link. The customer account will only be activated after the confirmation link has been clicked. A registration that a user does not confirm within one week by clicking on the activation link can be deleted by bellicon Home.

 

Upon confirmation of registration by the user, a contract on the use of the website (hereinafter referred to as the "contract of use") is concluded between bellicon Home and the respective user. bellicon Home confirms the conclusion of the contract of use to the user by e-mail and sends him the conditions of use. There is no entitlement to the conclusion of a contract of use.

 

Registration on the website and use of the services of bellicon Home is only permitted to natural persons with unlimited legal capacity. Minors may not register with bellicon Home.

 

Each user may have only one account; a transmission of the account is not possible.

 

The user has the possibility to provide further information and in particular to upload a profile photo. If the user wishes to order a paid subscription, he must choose one of the payment methods offered on the website and enter all relevant information for the payment. The data provided will be stored in his user account.

 

Subscriptions

 

Upon completion of registration, each user initially acquires a free trial membership of 14 days. If the user already owns a bellicon trampoline, he is entitled to a free trial period of 60 days.

At the end of the trial period, the user can purchase a paid subscription to access and participate in training videos. To order a video subscription, the user chooses the desired duration. The user then has the option of bindingly ordering the subscription by clicking the "Buy" button. Receipt and confirmation of the order will be communicated to the user by e-mail and he will receive a Cancellation Policy as well as these Terms of Use.

 

A user can choose from different subscriptions with different durations and prices. The paid subscription can already be ordered during the trial period. This does not shorten the trial period. For users who own a bellicon trampoline, the subscriptions are available at lower prices.

 

To prove that the user already owns a bellicon trampoline, the user must provide the invoice number of his bellicon trampoline. Each invoice number can only be used once by one user.

 

The duration and the respective prices of the subscriptions can be found on the website and will be announced to the user before the purchase. The prices are including VAT.

 

All subscriptions are limited to 10 videos per day.

 

bellicon Trainer-Education

 

In addition, users have the opportunity to be educated as bellicon trainers with various focal points by means of paid video trainer courses. Each offered course covers only one focus and can only be booked separately. The various trainer courses are listed and described on the website. The trainer courses build on each other. Before a follow-up course can be completed, all courses preceding this course must have been successfully completed.

 

For the participation in the video trainer courses a previous registration is necessary (see paragraph 3). The price for the trainer course will be announced to the user before ordering the course. The user selects the desired trainer course and a payment method shown on the website and then has the option of bindingly ordering the trainer course by clicking the "Buy" button. The user will be notified of receipt and confirmation of the order by e-mail and will receive a Cancellation Policy and these Terms of Use.

 

After successful completion of the trainer course, the trainer is listed in the bellicon home trainer database. Other users can view the profile of the bellicon trainer and, if necessary, contact him or her to arrange private training, for example. Any agreements take place without the participation of bellicon Home.

 

Payment

 

The price for a subscription is due in advance for the entire duration (prepayment).

 

Payment can be made using the payment methods indicated on the website.

 

If a user defaults on his payment obligations, bellicon Home may claim damages in accordance with the statutory provisions.

 

bellicon Home always issues an invoice to the user, which is sent to him by e-mail.

 

Duration and Termination of Subscriptions

 

A subscription can be purchased for 1 month, 6 months or 12 months. Subscriptions are valid for the duration of the selected term, beginning on the day following the end of the trial subscription.

 

Unless otherwise agreed, a subscription is automatically renewed for the originally agreed contract period unless terminated by either party before the end of the contract period. This does not apply to the trial subscription, which always expires after 14 days or 60 days without renewal.

 

Termination is possible at any time without notice at the end of the agreed duration.

 

The right to extraordinary termination for serious reasons remains unaffected.

 

Any cancellation must be made in writing, e.g. by e-mail.

 

Liability 

 

bellicon Home endeavors to keep the video platform always ready for operation, but bellicon Home accepts no liability for damage incurred by a user in the event of temporary unavailability of the website or in the event of other technical problems.

 

bellicon Home does not owe any particular training success. If certain possible training successes are presented on the website, in the individual training videos or elsewhere by bellicon Home, these always depend on age, physical condition, personal disposition, regularity of training and other individual circumstances from the sphere of the user and can therefore not be guaranteed for the individual case.

 

Participation in the video courses (i.e. repetition of the exercises shown in the videos) is at the user's own risk. By registering and participating in the video courses, the user assures that he/she is not aware of any health problems that could constitute a risk for him/her or lead to health impairments as a result of participating in the course. bellicon Home recommends that users who are not sure about this should consult their physician in advance. This applies in particular if, for example, the user has been previously injured, if there are other pre-existing diseases or indications of a possible pregnancy. The instructions and references in the videos are not intended to replace medical advice.

 

It is in the user's own interest to ensure that his trampoline is properly constructed and stable before the start of training. Users who are alcoholized or under the influence of drugs or medications may not participate in the training courses.

 

The liability for damages of bellicon Home is excluded. This does not apply to damages which are based on an intentional or grossly negligent breach of duty by bellicon Home, for damages resulting from injury to life, body or health which were caused intentionally or negligently by bellicon Home. Furthermore, bellicon Home is liable for damages resulting from the intentional or negligent breach of material contractual obligations (obligations whose violation jeopardises the attainment of the purpose of the contract) as well as for the violation of essential obligations (“Kardinalpflichten“) (obligations, whose performance will enable the due and proper performance of the contract in the first place and on whose performance the Customer as a rule relies); in the case of slightly negligent breach of cardinal obligations (“Kardinalpflichten”), however, liability is limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. bellicon Home is liable for the fault of vicarious agents in accordance with the above regulations as for its own fault.

 

Intellectual Property 

 

Know-how acquired in the courses may only be used by the user for his own private purposes and may not be passed on to third parties. The information of third parties is reserved exclusively for certified bellicon trainers who have been educated for this purpose. In particular, users are prohibited from publishing their own videos of the exercises made available via bellicon Home in social networks or on other platforms.

 

Layout of the bellicon Home website is protected by copyright. The same applies to all works contained therein such as logos, texts, writings, illustrations and photos. The respective authors reserve all rights to their works. If there is no legal basis for permission, any publication, duplication, distribution or other use or exploitation of the copyrighted or trademarked works or signs not approved by the respective copyright holder is prohibited.

 

General Obligations, Indemnification in the Event of Infringements

 

As a matter of principle, bellicon Home does not check the information provided by users on the website, although random samples may be taken if necessary. However, should bellicon Home become aware that a user is violating these Terms of Use or legal regulations, the illegal content will be immediately removed or access will be blocked.

 

Only the user is responsible for the fact that he has all rights concerning the contents published by him and that thereby no rights of third parties are violated. By posting content and photos, each user irrevocably and free of charge grants bellicon Home the unlimited right to use and exploit the content provided by him on the website. Any other use of the content transmitted by the user is only permitted with the user's consent. Under no circumstances do contents represent the opinion of bellicon Home and bellicon Home does not adopt them as its own.

 

Each user commits himself not to use the website to publish contents or to transmit messages which:

 

  • are immoral, pornographic, racist or otherwise objectionable in any way, 
  • are unobjective or intentionally untrue, 
  • violate the rights of third parties, in particular copyrights, 
  • otherwise violate any applicable law or constitute a criminal offence, 
  • contain viruses or other computer programs that may damage software or hardware or interfere with the use of computers, 
  • surveys or chain letters or camouflaged advertising, or 
  • serve the purpose of collecting and/or using personal data from other users, in particular for business purposes.

 

If bellicon Home becomes aware of a violation of the above provisions, bellicon Home reserves the right to change or delete the published content. Every user is obliged to inform bellicon Home immediately if there are indications that his access has been misused. In principle, each user is liable for all activities carried out using his access and indemnifies bellicon Home against any claims for damages by third parties, unless the user is not responsible for the misuse.

 

The user is obliged, unless he is not responsible for any fault, to indemnify bellicon Home at his own expense from liability, to hold it harmless and to defend it against all claims, actions or lawsuits of third parties against bellicon Home or its legal representatives or vicarious agents, as well as against all associated obligations, damages, settlements, Penalties, fines, costs or expenses (including reasonable attorneys' fees and other negotiation costs) incurred by bellicon Home or its legal representatives or agents as a result of or in connection with any breach by the user of these Terms of Use or any applicable laws or regulations in connection with the use of the website. In such a case, bellicon Home shall inform the user in writing of such claims, actions or lawsuits. The user must participate as extensively as possible in the defense against all claims.

 

Blocking and Termination 

 

bellicon Home may take the following measures if there are concrete indications that a user is violating legal regulations, the rights of third parties or these Terms of Use, or if bellicon Home has any other justified interest, in particular for the protection of other users: 

 

- Warning of users, 

- Provisional, partial or definitive closure.

 

bellicon Home may definitively exclude a user from active use of the website (final block) even if he has given false information when registering, if he causes considerable damage to other users or bellicon Home or if there is another important reason.

 

As soon as a user has been temporarily or permanently blocked, he may no longer use the website with other user accesses and may not re-register. An account that has been suspended cannot be restored and there is no entitlement to restoration.

 

bellicon Home reserves the right to take legal action in any case.

 

Data Protection 

 

bellicon Home collects, processes and uses personal data in accordance with its data privacy policy and the statutory provisions on data protection.

 

Amendment of the Terms of Use

 

bellicon Home reserves the right to amend these Terms of Use at any time and without stating reasons. The amended Terms of Use will be sent to users by e-mail at least two weeks before they come into effect. If a user does not object to the validity of the new Terms of Use within four weeks of receipt of the e-mail, the amended Terms of Use shall be deemed to have been accepted. bellicon Home shall separately inform the users of the significance of this period in the e-mail containing the amended Terms of Use.

 

Last Amendment: 11 July 2019