General Terms and Conditions for Private Customers
- Scope / Definition
1 The following General Terms and Conditions (GTC) apply to the use of the online tools of vivamind – Gesellschaft für Präventivmedizin und Psychologie mbH, Lindemannstr. 6a, 44137 Dortmund, Germany, which also holds all rights thereto.
1.2 Our contact details are: vivamind – Gesellschaft für Präventionsmedizin und Psychologie mbH, Lindemannstr. 6a, 44137 Dortmund Phone: +49 231 477 684 3, E-Mail: firstname.lastname@example.org Internet: www.vivamind.eu.
1.3 Represented by: Marion Beck, managing partner, Dr. Rüdiger Beck, managing partner, Prof. Dr. Stefan Diestel, managing partner.
- Services of vivamind GmbH
1 The vivamind GmbH provides consumers with online tools that present health potentials in different ways and explain them with texts.
2.2 Within the scope of technical and operational possibilities, vivamind GmbH has set itself the goal of achieving an average annual availability of the database of 95%. vivamind GmbH is entitled to shut down the Database for purposes of updating or technical review and maintenance. In return, vivamind GmbH shall, if reasonable and feasible, only carry out such shutdowns during times when the retrieval of data is very low.
2.3 vivamind GmbH shall not be liable for downtimes of the database due to force majeure as well as shortage of energy or raw materials, interruption of the energy supply, labor disputes, official or sovereign measures or other operational disruptions.
- Content posted by the user
1 All data posted by the user will be stored within the framework of the Basic Data Protection Regulation and national data protection laws. The data is used exclusively by the users for the use of the online tools of vivamind GmbH. After expiry of the contract term of a booked product area of the online tools of vivamind, the data entered by the user is no longer available to the user.
3.2 The user alone shall be responsible for content posted by the user in the online tools of vivamind GmbH within the scope of this contract, regardless of the form in which this is done, and for its correctness and legal admissibility. In particular, the user warrants that the data he or she posts does not infringe the rights of third parties, in particular copyrights, personal rights and/or trademark rights of third parties, and does not violate legally valid regulations, in particular those relating to competition law. vivamind GmbH is not obligated, but entitled, to check posted data for the impairment of the rights of third parties or for violations of competition law.
3.3 Insofar as the user violates the obligations from the aforementioned section 3.2, the user is obligated to indemnify vivamind GmbH from any claims of third parties arising from this violation of obligations. This also includes any fines, penalties or costs incurred in connection with criminal prosecution as well as any court and out-of-court costs incurred by vivamind GmbH in the context of a civil dispute. A breach of clause 3.2 shall be deemed a breach of a material contractual obligation.
3.4 Insofar as violations of section 3.2 are either discovered by vivamind GmbH or reported by third parties, vivamind GmbH shall be entitled to block the respective content even without the user’s consent until the factual and legal situation has been finally clarified.
- Prices and terms of payment
1 vivamind GmbH offers consumers as well as companies various online tools for which the prices agreed upon in the contract are to be paid.
4.2 The prices that have been agreed upon by vivamind GmbH and the consumer or company at the time of the conclusion of the contract are legally binding. All prices are inclusive of the applicable statutory value-added tax. We reserve the right to make changes.
- Conclusion of contract
1 Contracts are concluded with consumers as well as companies (clients / customers / clients) with vivamind GmbH. By registering, you are making an offer to conclude a contract for the use of the services in accordance with our GTC by completing the registration process by sending your registration data. The individual steps of the registration process will be explained to you during registration. You can correct your entries at any time until the registration is completed. By providing the account in full, vivamind GmbH declares acceptance of your offer. The contract runs on a monthly basis and is automatically extended by a further month if it is not terminated in writing by letter, e-mail or fax by one of the parties. The contract can be terminated at any time with a notice period of 4 weeks.
5.2 The conclusion of the contract is offered in German.
5.3 Only persons of legal age may place orders.
5.4 Vivamind only analyzes personal data in anonymous form for statistical purposes in order to gain knowledge for health epidemiological issues and health science. For example, Vivamind may further develop algorithms that are the basis for measuring and evaluating health data. According to Art. 1 DSGVO, the anonymized evaluation is not subject to the Basic Data Protection Regulation because the data can no longer be assigned to a natural person in the course of the evaluation.
5.5 Vivamind saves your data in the system so that you as a data subject can still access it at a later time. Vivamind also uses the anonymized data for statistical purposes.
- Copyright protection of vivamind GmbH
1 The online tools of vivamind are a database protected under the provisions of copyright law. The content that can be accessed on the websites and apps of vivamind GmbH, in particular the data content, graphics, written texts, images, etc. posted by vivamind GmbH, are protected by copyright in favor of vivamind GmbH or vivamind is the owner of corresponding rights of use.
6.2 The user is obligated to observe and not violate the copyrights, trademark rights and other ancillary copyrights existing in favor of vivamind GmbH. The user may only retrieve, store and use the contents of the websites of vivamind GmbH for his own use. Any other reproduction, redesign, public presentation, dissemination, transmission or other exploitation of non-insignificant parts is prohibited. vivamind GmbH will prosecute all unauthorized uses in accordance with applicable law.
- Data protection / passwords
1 The user is obligated to exercise the greatest possible care when using passwords, user names or other security devices provided in connection with services of vivamind GmbH and to ensure that they are not disclosed to third parties.
7.2 The user shall be liable for damages resulting from unauthorized use of passwords by unauthorized third parties.
7.3 Further details on data protection can be found in our data protection declaration, which can be accessed at any time at https://www.vivamind.eu/datenschutzerklaerung/.
- Term of Contract / Termination
1 The duration of the contract shall be based on the terms agreed upon by the user upon conclusion of the contract.
8.2 If vivamind GmbH terminates the contract for good cause, a refund of the remuneration already paid by the user is excluded; vivamind GmbH reserves the right to further claims.
8.3 vivamind GmbH shall only be liable for damages other than those resulting from injury to life, body and health if these damages are based on intentional or grossly negligent actions or culpable violation of an essential contractual obligation by vivamind GmbH or its vicarious agents. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely. Any further liability for damages is excluded.
- Alternative dispute resolution
1 The EU Commission provides a platform for online dispute resolution on the Internet, which you can find here http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 vivamind GmbH is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
1 Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 The contract language is German. Even if the text of the contract should be translated into another language, the German text of the contract shall remain binding.
10.3 Should individual clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The parties shall replace an invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision and is effective. The same procedure shall be followed in the event that a contractual provision is missing.
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (vivamind GmbH, Lindemannstr. 6a, 44137 Dortmund, e-mail: Info@vivamind.eu) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
To vivamind GmbH, Lindemannstr. 6a, 44137 Dortmund, e-mail: email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication):
(*) Delete as applicable.
End of the cancellation policy