The BusinessFlowAcademy is entitled to automatically record and save all telephone calls made with the customer as evidence of the content of the conversation in cases of complaint and for internal quality assurance. The customer can revoke this consent at any time. Telephone meetings are then only possible to a limited extent.
These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relationships between us at the MindWealthAcademy– Phimension Ltd, Stefanie Bruns, 86, Merchants Street, Valletta VLT1177, Malta, MT28325001 and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German.
1.3 Conclusion of contract
1.3.1 Using Digistore24
If you would like to use our services, you can make a booking through our partner Digistore24. Therefore, this is also your contractual partner. To book you have to click on the desired service and you will then be forwarded to Digistore24. The contract is then concluded in accordance with Digistore24 as follows (can be viewed at https://www.digistore24.com/page/terms):
“Placing the respective product in the online shop does not yet represent a binding offer to conclude a purchase contract from Digistore24 to the buyer Enter the specified order form. After choosing the shipping method and the desired payment method, as well as accepting these terms and conditions, he sends his binding offer by clicking on the “Buy now” button. Following this order process, the buyer will receive an email from Digistore24 with the order confirmation. However, this order confirmation does not yet represent acceptance of the offer sent by the buyer to Digistore24.
Digistore24 saves the contract text of the order and the buyer can print it out before sending his order to us by clicking on “Print” in the last step of the order. We will also send the buyer an order confirmation and a contract confirmation with all order data to the email address given by him.
The buyer can find further information on data protection at any time at https://www.digistore24.com/page/privacy.
Acceptance by Digistore24 takes place through an express declaration of acceptance to the buyer by e-mail by the end of the third working day following the day of the offer at the latest, or by sending the contractual goods.
Digistore24 is entitled to reject contract offers without giving reasons.
If the buyer is an entrepreneur, Digistore24’s offers are subject to change and non-binding.
The contract language is exclusively german.”
1.3.2 Further procedure
We do not become contractual partners, but simply provide digistore.com with our services. After concluding the contract, you will receive the access data for our website and can use our services.
By concluding a contract with digistore.com, an account for our website will be set up for you. You therefore have access to our community, groups, forums and all other content during the term immediately after your account has been activated. The password, which gives you access to the personal area, is to be treated as strictly confidential and may not be passed on to third parties. You take suitable and appropriate measures to prevent third parties from knowing your password. An account cannot be transferred to other users or other third parties. We are not liable for any damage caused by misuse of the password.
2. Description of services
We provide you with online coaching programs that you can book through our partner digistore.com. These include numerous learning videos and worksheets, individual coaching, weekly group coaching calls and other interesting services. The contents are activated sequentially during the program. The exact contents can be found in the respective program description.
2.2 Delivery of services
We are entitled to have the contract or parts of the contract performed by third parties.
2.3 Service delays
We are not responsible for service delays due to force majeure and due to extraordinary and unforeseeable events which we cannot prevent even with the utmost care (this includes in particular strikes, official or judicial orders and cases of incorrect or improper self-supply despite the corresponding hedging transaction). You entitle us to postpone the service for the duration of the hindering event.
In the event of unavailability for the reasons mentioned above, we can withdraw from the contract. We commit to inform you immediately about the unavailability and to reimburse any payments already made.
2.5 Time of Service
Unless expressly agreed otherwise, we will start providing the service after the conclusion of the contract with our partner digistore.com by activating your account.
2.6 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
3. Your responsibility
You are solely responsible for the content and correctness of the data, contributions and information you submit (especially in our forums). The content may not violate any applicable laws or these general terms and conditions. You also undertake not to transmit any data whose content violates the rights of third parties (e.g. personal rights, naming rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts may be alleged.
You exempt us from all claims that are asserted against us by third parties due to such violations. This also includes the reimbursement of the costs of necessary legal representation.
3.3 Data security
You are jointly responsible for securing the information sent. We cannot be held responsible for the loss of the information you send, as we do not provide a general data security guarantee.
3.4 Duty to cooperate
You are obliged to provide the necessary cooperation services for the contract so that we can perform the contractual service. We ask you to be available especially at the agreed times of the group coaching calls.
3.5 Profile data
You are obliged to keep the content and profile information you have posted up to date and to inform us immediately of any misuse of your profile.
3.6 Special remark
A success resulting from the implementation of the contract in the sense of an actual improvement in the quality of life or an economic success is not owed. We are also not liable for the improper use and / or implementation of the recommendations contained in our services or in the documents provided. You have to inform yourself in advance whether our suggestions for action are suitable for you or whether these are associated with additional risks. We only provide you with our products or services. The handling and implementation is solely up to you.
3.7 Abusive Posts
Abusive content or posts (e.g. in our forums) will be deactivated or deleted by us without prior notice. Such content designs are given in the following cases, for example:
to send spam,
to send and save content that is infringing, obscene, threatening, offensive or otherwise infringes the rights of third parties,
to send and save viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programs,
to upload programs that are likely to disrupt, impair or prevent operation,
with the attempt to gain unauthorized access to our service or to individual modules, systems or applications or to grant them to third parties
Content with content that glorifies violence, is pornographic or otherwise offensive or criminal.
In the event of recurring violations, we reserve the right to block or delete your account. In this case, payments that have already been made cannot be refunded. The right to extraordinary termination remains unaffected.
4. Copyright and usage rights
The content and structure of the products and services offered by us and the related documents and files, including all authorized copies, are our intellectual property.
4.2 Grant of license
Upon payment of the fee, we will transfer to you all rights of use to documents and files required for you to the extent agreed in the contract and required for the respective product or service.
4.3 License terms
Any further use requires the consent of our partner. In particular, the materials and files may not be passed on to third parties (sub-licensing or distribution), nor may they be copied, converted, made publicly available, reproduced or saved on data devices or other media unless this has been agreed with our partner.
4.4 Author naming
Insofar as we have attached / noted a copyright notice to our documents and files, you may not remove or change this without our consent.
4.5 Reference right
We grant ourselves the right to name you as a reference and to take pictures in the services offered and to list them as reference in brochures, leaflets and our website. You have the right to object to this.
4.6 Results of consultations
You may only use the results to be provided, information and documents prepared in the contract for a consultation for private or internal company purposes. We reserve all rights and claims with regard to copyrights, trademarks and other related property rights as well as all methods, procedures, ideas and concepts, business secrets and know-how that are contained in the results to be provided. You receive the limited, otherwise unlimited, irrevocable and non-transferable right to use these services.
4.7 Compensation of damages
We reserve the right to assert the damage incurred for any violation of the contractual license conditions, especially in the event of a violation of copyright.
5. Usability of services
5.1 Further development of the service / availability
We strive to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to partially or completely interrupt the website operation for purposes of updating and maintenance within a reasonable framework. In addition, we do not guarantee the availability of the services offered at any time and do not guarantee that the services offered or parts thereof will be made available and can be used from anywhere.
5.2 Technical requirements
The use of the website or our services requires compatible devices (e.g. working internet access or programs that allow video telephony). It is your responsibility to put or keep the device in a state that enables the use of our services.
6. Content usage
By placing content in our database (e.g. reviews, forum entries, information in profiles), you grant us the right to use this content indefinitely for posting and keeping it available in the database and for retrieval and storage by third parties, in particular the content save, reproduce, keep ready, transmit, link and publish. This can also be done through or in the form of advertising material (in particular the linking on social networks, the use for spots, the use for your own website or in printed form etc.) by us or by third parties. The author explicitly renounces attribution of this content. Furthermore, we are given the right to revise the content, especially if it does not meet the requirements of these conditions mentioned above.
7.1 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations are affected (consequently those obligations, compliance with which is of particular importance for the achievement of the contractual purpose), liability is also assumed for slight negligence. Liability is limited to the foreseeable, contract-typical damage. Regarding entrepreneurs we are only liable in the event of a grossly negligent breach of non-essential contractual obligations in the amount of the foreseeable, contract-typical damage.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
7.3 Application and implementation
We are not liable for the improper use and / or implementation of the recommendations contained in our services or in the documents prepared. You have to inform yourself in advance whether our suggestions for action are suitable for you. The other liability clauses are not affected by this.
8. Final provisions
8.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
Unless mandatory statutory provisions according to your home law conflict, Portuguese law is agreed.
8.3 EU consumer dispute settlement procedure
The EU Commission has created an internet platform for the online settlement of disputes relating to contractual obligations from online contracts (OS platform). You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
8.4 Severability clause
The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.