Terms & Imprint

GENERAL TERMS AND CONDITIONS 

Shaped by iB Online

 

Cancellation policy

Right of withdrawal within 14 days

You have the right to revoke this contract within 14 days from the conclusion of the contract without giving reasons. In order to exercise your right of revocation, you must inform us by means of a written declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract.

The revocation must be addressed to:

Shaped by iB KG

Erlenweg 9

2253 Weikendorf

[email protected]

 

Please make sure that you provide your e-mail address and your bank account details (only for purchases made by bank transfer) when submitting the revocation.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will we charge you any fees in respect of this refund.

End of the cancellation policy

1. Validity of the GTC

1.1 The following General Terms and Conditions (GTC) apply to all legal transactions and legal relationships between "Shaped by iB" KG and the users of the online offer online.shapedbyib.com (users).

1.2 The provider expressly declares that he only wants to contract on the basis of these terms and conditions. Other GTC, contract forms and conditions, especially those of the user, are not valid.

1.3 The provider also points out that, if online services are provided by cooperation partners, their general terms and conditions take precedence.

1.4 Gender-specific terms used in these GTC apply equally to the female and male form.

1.5 There are no verbal side agreements.

 

 

 

2. Content of the Contract

2.1 With "Shaped by iB Online" (platform), the provider offers the user information on the topics of fitness and health, which is provided in the form of video courses and other media. This content is in parts freely accessible to everyone, whereby these GTC also apply to this content that can be accessed by everyone. For certain contents a registration of the user is required. The User accepts the validity of the corresponding terms and conditions by calling up the contents or registering on the platform.

2.2 The provider is free in the design of the contents and is entitled at any time to change, restrict, expand or completely discontinue the platform and the associated services. In providing its services, the provider is free to provide them also through third parties at its own discretion. The provider may transfer his rights and obligations under this contract in full to a third party (contract transfer).

2.3 The platform is not addressed to persons in countries that prohibit the provision or retrieval of the content posted on the platform. Each user is responsible for informing himself/herself about any restrictions before accessing these websites and to comply with them. In particular, Users from such countries may not assert any claims against the Provider and shall indemnify and hold the Provider harmless for any claims of third parties arising from the retrieval of the contents of the Platform.

2.4 The information and data published on the platform have been compiled with great care. However, the provider does not assume any warranty - neither explicitly nor implicitly - for the correctness, completeness, reliability and topicality as well as for the usability of the retrieved contributions for the user.

2.5 The provider expressly offers only sports courses on this platform. The offered contents are only for training purposes. During sport exercises an increased risk of injury and accident is given. This risk cannot be excluded even by careful planning and attentiveness. Participation in the online sports courses is therefore at your own responsibility and risk. In this context, reference may be made to any relevant insurance offers. The operator of this online platform does not assume any liability for damages or injuries that may occur during the practice of sports. This is expressly confirmed by the participant through the registration.

2.6 If names of advertising/sponsoring products or the like are mentioned or shown, they are only used as an illustrative example. Under no circumstances will purchase recommendations, sales recommendations or other instructions for action be given.

2.7 The provider will remove disturbances and impairments, which affect the use of the service not only insignificantly, as quickly as possible and will endeavour to remove insignificant impairments within an appropriate period of time. The provider will endeavour to keep the service accessible at all times. However, the user has no claim to the constant or any other specific availability and freedom from disruption of the platform and the provider does not accept any liability in this respect.

3. Contents Liable to Pay Costs, Ordering Process

3.1 The provider offers users the opportunity to register for different types of membership of the platform (each, one product) for a fee in order to gain access to paid services of the platform and thereby become a member of the platform (member).

3.2 The member receives the content primarily in the form of video streamings and downloads, depending on the type of membership. After completion of the payment process, the member will receive an e-mail with the usage data. This usage data is confidential and may not be disclosed to third parties. The passing on of the usage data is a serious breach of contract, which entitles the provider to terminate the contract immediately, whereby the provider does not have to reimburse the member for any fees already paid by the member.

3.3 If a user wants to purchase a product, he clicks on "Send order" and is forwarded to the payment provider. The contract is concluded with the sending of a confirmation email by the provider. The provision takes place within and outside the European Union in online form. The provision begins on the day of the conclusion of the contract. Section 2.3 of these GTC remains unaffected.

3.4 The current conditions for memberships are announced on the platform at online.shapedbyib.com, whereby the provider reserves the right to change these conditions at any time. The indicated prices include Austrian sales tax, provided that the member is resident in an EU member state. If the member is domiciled or habitually resident outside the EU, the offerer reserves the right to charge the VAT separately to this member in addition to the indicated prices.

3.5 If a direct debit fails (e.g. because the member's account was not covered), the payment service provider may charge back direct debit fees. These return debit charges are passed on to the user by the provider. In addition, the payment service provider will charge reminder fees of EUR 25 for late payment.

3.6 All rights and obligations for users mentioned below also apply to members.

4. Term, Termination

4.1 The membership contract can be concluded either on a monthly or annual basis (12 months). 

The monthly membership contract is for an indefinite period. The member may terminate the membership at any time with seven days' notice to the end of the membership month. 

The annual membership contract is concluded for a minimum term of twelve months. The membership is automatically renewed for 12 months for all annual contracts, with annual payment, unless one party terminates the contract in writing at least seven days before the automatic renewal. For the declaration of termination, a written notification by email to [email protected] is sufficient. The timeliness of the cancellation is not determined by the date of dispatch but by the date of receipt of the cancellation by Shaped by iB Online.

4.1.1 Shaped by iB Online can terminate the membership contract at the end of the membership month with seven days' notice to the end of the membership month. The right of Shaped by iB Online to terminate the membership for cause remains unaffected. 

4.1.2 Valid reasons for extraordinary termination are listed in 6.2.1. All rights and obligations arising from the membership contract cease to apply once the cancellation becomes effective. In the event that Shaped by iB Online terminates the membership agreement for good cause, the fee paid will not be refunded.

4.1.3 In the event of termination in accordance with 4.1, there is no entitlement to replacement or reimbursement of the angel fee paid.

4.2 The right of the parties to terminate the contractual relationship by extraordinary notice of termination for good cause remains unaffected by section 4.1. Good cause shall be deemed to exist if one of the parties breaches material contractual obligations. Such good cause shall be deemed to exist for the Provider in particular, 6.2.1. if the User substantially violates his obligations under clauses 6, 7 or 9;

4.2.1. if the credit card or the account of the Member cannot be charged or the User is in arrears for other reasons with the fees owed according to clauses 3.3 and 3.5; or

4.2.2. if the user provides false, inaccurate or incomplete information about his person, or the provider has reason to believe that such false or incomplete information has been provided, and the user does not provide this information even after the provider has set a reasonable deadline.

4.3 If the member is in default with at least two monthly fees, this entitles the provider to terminate the contract immediately and to demand payment of all fees still to be paid. If a direct debit cannot be executed within these two months, the provider will make at least two further attempts to collect the fee. The member shall bear the bank charges for the return debit, the renewed attempts to debit and the expenses of the provider.

4.4 In the event that the contract is taken over, the member has the right to terminate the contract with effect from the time of the contract taking over.

5. Access Data / Browser Support

5.1 To gain access to the contents and offers requiring registration, the user must register by entering the requested data in the input mask. Afterwards, the user must determine and enter a user name (e-mail address) and a password, which he can choose himself. The authorization is only valid for the user personally, it is not transferable. The user is responsible for keeping the user name and password confidential. Any disclosure of user data by the member is a serious breach of contract on the part of the member, which entitles the provider to terminate the contract immediately, whereby the provider will not refund any fees already paid by the member to the member.

5.2 In order to achieve a comfortable operability and a data security as high as possible, only the last three program versions of the common internet browsers are supported for the use of the program contents. Users with older browsers are recommended - also in the interest of their own data security - to update to a current browser version.

6. Duties of the User and Service Disruptions

6.1 Users may only use the platform for private purposes, but under no circumstances for commercial purposes (see clauses 7.2f). In particular, the User undertakes not to use the access options to the Service in an illegal manner or otherwise in contradiction to applicable legal provisions or provisions of the GTC, to take into account the recognised principles of data security in order to protect data, to observe the obligations of the Data Protection Agreement and, if necessary, to check e-mails and queries sent to the Provider or the customers for computer viruses with the greatest possible care. 

6.2 The provider reserves the right, in case of suspicion of misuse or material breaches of contract, to investigate these processes, to take appropriate measures and, if there is a justified suspicion, to block the member's access to the content - at least until the suspicion has been cleared by the member - in accordance with section 12 and/or, if applicable, in case of material breaches, to terminate the contractual relationship in accordance with section 4 and to delete the access in accordance with section 13. Insofar as the user clears the suspicion, the blockage in accordance with Clause 12 shall be lifted.

6.3 The User shall be liable to the Provider for any damages which the User has caused the Provider from breaches of duty pursuant to clauses 6.1 and 6.2. 

7. Scope of Use and Intellectual Property

7.1 All contents of the Platform, including and without limitation contributions, documents, articles and photos and the software on which they are based, including and without limitation the source and object code, are the sole intellectual property of the Provider and are subject to copyright protection.

7.2 The user is entitled to use the respective contribution provided for private purposes and to load it into the working memory of his computer. Downloading and temporary storage of documents for private purposes is permitted. The user is only entitled to print web pages or documents for private and own information purposes. The documents may not be passed on to third parties. The storage or archiving of videos provided online is prohibited.

7.3 For all other uses, including but not limited to the use or reproduction for commercial purposes, for transfer to or processing by third parties for their own or third-party purposes or for public reproduction, as well as for translation, editing, arrangement or other reworking, the prior written consent of the provider is required, whereby the provider expressly reserves the right to refuse this consent at its own discretion, even without giving reasons. Extended possibilities of use can be purchased from the provider in individual cases, whereby the provider reserves the right at its own discretion not to grant extended possibilities of use. 

7.4 The user may not remove the copyright notices, trademarks and other legal reservations in the downloaded documents. He is obliged to ensure that the authorship is acknowledged. 

7.5 In case of violation of the obligations mentioned in paragraphs 7.1 to 7.4, the user is liable to the provider for the damage incurred.

8. Liability and Warranty 

8.1 All claims of the user for damages for slight negligence of the provider and his vicarious agents (including representatives) are excluded.

 8.2 The amount of liability of the provider is limited to the fees paid by the respective user. 

8.3 The restrictions of clauses 8.1 and 8.2 also apply in favour of the provider's vicarious agents if claims are made directly against them. 

8.4 The provider has no influence on the transport of data via the internet. Therefore, the provider does not assume any warranty in the event that interactive processes do not reach the user correctly and that the dial-in process via the Internet is guaranteed at all times. In addition, the provider does not guarantee that the data exchange will take place at a certain transmission speed. Furthermore, the provider shall not be liable for malfunctions resulting from defects or interruption of the user's computer or the communication paths from the user to the server or from misuse of the user name and password. The provider does not bear the risk of loss of data on the transmission path outside of his control. Transfer of risk is with the provision of the data or the contribution to the retrieval on the server. The provider does not assume any liability for data security outside his area of control. 

8.5 The user is liable for all consequences and disadvantages that arise for the provider due to the misuse or illegal use of the service or due to the fact that the user does not comply with his other contractual obligations (including but not limited to the obligation to keep the password secret). The user shall indemnify the provider from any claims or demands of third parties upon first request, which they assert due to violation of rights by the user or due to content created by the user, including reasonable legal prosecution and attorney's fees. Furthermore, the user undertakes to support the provider in the defence of such claims.

 

9. Community

9.1 All content (information, photos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other material), which is transferred by users to the website (e.g. forum, chat, etc.) (postings), is the sole responsibility of the user who created the posting. 

9.2 The provider does not guarantee the truth, content or quality of any postings. 

9.3 By enabling the transfer of postings within the Community, the Provider acts solely as a passive intermediary and expressly disclaims any obligation or liability with respect to the postings or any other transactions within the Community. 

9.4 However, the Provider reserves the right to remove postings without prior notice and to exclude individual users from using the Community; a user has no right to remove postings that he/she considers offensive or insulting in his/her personal opinion.

9.5 The user's right to use the Community and to create postings requires that the user observes the following conduct (Community Guidelines):

Only true and non-misleading statements are permitted in his profile and in his communication with other users; he shall ensure that the public reproduction of the images and photos he has submitted is permitted within the Community; he shall also ensure that the applicable laws and all third-party rights are observed when using the content and services of the Community. In particular, the user is prohibited from using insulting, degrading or slanderous content and from making statements, regardless of whether this content affects other users, other persons or companies, from using pornographic content, content glorifying violence or content that violates youth protection laws, or from advertising, offering or distributing pornographic products, products glorifying violence or products that violate youth protection laws, from unreasonably harassing other users (in particular through spam), from legally (z. The following harassing actions are to be refrained from, even if they do not violate any laws, e.g. sending chain letters, carrying out, advertising and promoting structural sales measures, commercial activities or offensive or sexually influenced communication (explicit or implicit).

9.6 If the user does not follow the community guidelines, the provider is entitled to terminate the user's participation in the community or to block the user's access temporarily or permanently at his free discretion. 

9.7 All postings within the Community are public and expressly not private in nature. The Provider reserves the right to moderate the Community in order to check compliance with the Community guidelines.

10. Data Protection

10.1.The user agrees that his personal data, namely name, date of birth, address, e-mail address, IP address, telephone number, [company and payment data (bank account, credit card)] is collected, electronically processed and stored by Shaped by iB KG for the purpose of processing the contractual relationship, namely in particular for the use and invoicing of services of the platform, the sending of e-mails with references to new content or events and the issuing of invoices. This consent can be revoked at any time by Shaped by iB KG by e-mail to [[email protected]] or by letter to Shaped by iB KG, Erlenweg 9, 2253 Weikendorf. The user also has the possibility to retrieve the profile data stored by him via the link "Profile" and to change or delete it. As soon as the revocation takes place, the user can thus no longer make use of Shaped by iB KG telemedia in the login area. The user further acknowledges that the provider will also forward and disclose his name, date of birth, address, e-mail address, telephone number, [company and payment data (bank account, credit card)] in the course of processing this contract to his shareholders, legal representatives, tax advisors [OTHER RECIPIENTS] for the processing of this contract, as all of these data are necessary for the fulfilment of the contract by the provider.

11. Cookies

11.1 The provider uses cookies of all kinds for the purpose of constantly improving its website and services, including but not limited to content sharing cookies, session cookies, third party cookies (e.g. Google Analytics), flash cookies, pixel tags (also called transparent GIF file or web beacon), web storage space (also called HTML5 memory) and other similar technologies (collectively, cookies). The user expressly agrees to the use of cookies.

12. Blocking the Account Access

12.1. The provider has the right to exclude a member from access to content requiring registration for good cause. This right is especially given to the provider if the member continues to violate essential provisions of these GTC despite reminders, if the member commits misconduct directed against third parties by using the provider's offer or the payment systems for illegal purposes or for purposes that are annoying for third parties. In this case the provider also reserves the right to claim damages from the member.

13. Deletion of the Access

13.1. The provider is entitled to delete the access and all related data of the customer after a period of six months of inactivity (no login via web browser) after a query with a period of four weeks. The member's username will then be released again for other members. 

14. Miscellaneous

14.1 All disputes arising from or in connection with a contractual relationship subject to these General Terms and Conditions shall be governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of any standards that lead to the application of a law other than Austrian law.

14.2 The exclusive place of performance is Vienna, Austria. The courts with jurisdiction for Vienna, Innere Stadt are agreed as the competent courts.

14.3 The contract shall remain binding in its remaining parts even if individual points are legally ineffective. The parties undertake to agree on a valid provision that comes as close as possible to the invalid provision(s). 

14.4 The provider is entitled to change these GTC at any time, e.g. to include new or changed services in the GTC. The provider will inform the user about the change in time. The change shall be deemed approved by the User if he does not object to the change or terminate the contract within one month after receipt of the change notification. In the event of the user's objection, the provider is entitled to terminate the contract in due time. In the notification of the changes, the Provider shall make special reference to the possibilities of objection and termination, the deadline and the legal consequences, in particular with regard to an omitted objection. With the announcement of the changes, the user receives the ordinary termination by the provider, which is subject to the suspensive condition that the user objects to the change. 

14.5 Within the framework of the amendment of the GTC, the provider is entitled, in the event of the invalidity of a condition, to supplement or replace it with effect for existing contracts; in the event of amendment of a statutory provision or supreme court jurisdiction, if one or more conditions of the contractual relationship are affected by this amendment, the provider is entitled to adapt the affected conditions in such a way as to comply with the purpose of the amended legal situation, provided that the user is not worse off by the new or amended conditions than under the original condition.

 



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