Terms and Conditions

SCOPE OF APPLICATION 

The General Terms and Conditions apply comprehensively to the entire use of the website and course offerings, insofar as and to the extent that nothing to the contrary is expressly regulated in the General Terms and Conditions or on the website. Any deviating contractual and/or user terms and conditions of the users shall not apply to the use of the website or course offerings.

These terms and conditions (hereinafter „T&Cs“) are supplementary to those currently applicable to the relevant customers (hereinafter „Users“) http://legal.thrivecard.com/platform/terms/ understandable, general terms and conditions of Thrive Card LLC, 221 W 6th St UNIT 910, Austin, TX 78701, USA (hereinafter „Thrive Card LLC“), as explicitly permitted by „Section 2. Subject Matter“ paragraphs 3 and 4 of the Thrive Card terms and conditions.

Registration as a user of the course offerings requires users to be at least eighteen (18) years of age and to actively agree to the T&Cs. This agreement also extends to our data protection regulations (http://derrufderpferde.de/impressum/For individuals under 18 years of age, registration as a user and use of the course offerings are only permitted with the express consent of their legal guardian(s). Furthermore, the use of the course offerings is exclusively for private purposes and is therefore aimed exclusively at consumers within the meaning of § 13 of the German Civil Code (BGB). A consumer within the meaning of § 13 BGB is „any natural person who enters into a legal transaction for purposes which can be predominantly attributed neither to their commercial nor their independent professional activity.“.

DISCLAIMER 

Coaching is not a substitute for diagnosis or treatment by a doctor, psychotherapist or alternative practitioner. Coaching does not include diagnosis or treatment, therapy or any promise of healing. This applies to appointments booked with Silke von heart as well as participation in the online course. Your nervous system leads. 

If you are undergoing medical or psychotherapeutic treatment, or are taking medication, please speak to your doctor before starting this course. Do not independently interrupt ongoing medical or therapeutic treatment or medication due to your participation in this course. 

Future treatment must not be postponed or omitted due to participation in this course or any associated coaching. As a participant in this course, you are fully responsible for your actions and physical and mental health during and after the course. All steps and measures you undertake as part of this course are your own responsibility. Please always understand the instructions and advice within this course as suggestions that you may follow of your own free will and only to the extent that you can responsibly do so yourself. You alone are liable for any risks you take. Should you cause damage to yourself, other people, animals or things, of whatever form, you are responsible for these damages and release the H.E.A.R.T. team.®  its employees, the organiser and the distributor Kaily Books LLC from all liability claims.

We are not liable for damages arising from force majeure, acts of war, terrorism, natural events, or other occurrences beyond our control (e.g., strikes, lockouts, power outages, traffic disruptions, pandemics, acts of public authorities, etc.). Furthermore, our liability is limited to intent and gross negligence, as well as to damages resulting from injury to life, body, or health. Beyond that, we are solely liable in cases of mandatory legal provisions. To the extent that our liability is excluded or limited, this also applies to our employees, staff, representatives, and vicarious agents.

Copyright

The content made available or accessible to users within the scope of our books, website, and course offerings is particularly subject to German intellectual property law (e.g., copyright, performance protection, and trademark law). Any use and/or exploitation of this content is generally prohibited and always requires our prior written consent. This applies in particular – but not exhaustively – to any duplication, distribution, publication, editing, translation, storage, archiving, processing or reproduction of the book and course content, e.g. by means of data carriers, databases or other electronic media or storage media and systems (e.g. Internet, web servers, etc.).

PROCEDURE FOR ACQUISITION, ACCESS & USE OF COURSE OFFERINGS

The purchase of the course and e-books with explanatory tutorials is made via Thrive Card LLC. It is explicitly pointed out for this transaction that the terms and conditions of the Thrive Card LLC online platform apply.

Access to participate in the above-mentioned products will be granted upon receipt of payment, by Thrive Card LLC sending the user their login details via email to the email address they have provided. Access is personal and intended exclusively for the registered user. Sharing of user data is prohibited.

Users are responsible for their own internet costs associated with using the services, including mobile provider costs for mobile use. Users also have no claims or demands regarding the permanent or „perfect“ availability of the course website. In particular, depending on the circumstances and for reasons beyond our control, technical errors, loading times, server failures, maintenance work, etc. may occur to a usual and reasonable extent.

Users are solely responsible for all content disseminated by them or via their course account and must ensure that account content does not violate applicable law (particularly youth protection and criminal law) or infringe upon our rights or the rights of third parties (particularly copyright, performance rights, trademark, and personality rights).

Users are aware that account content may be made accessible to a larger or indeterminate group of people. Due to the technical storage and duplication capabilities of the „Internet“ medium, content that has been disseminated can no longer be completely deleted from all sources accessible on the Internet without further ado, even after subsequent deletion. Users are aware of the implications of this and specifically agree that, in this respect, account content may readily be disseminated and/or stored by third parties beyond the website and may, if applicable, not be fully reversible. In this respect, we are under no obligation to prevent or undo such storage.

Returns policy

You have the right to return your ordered goods up to 14 days after purchase. During the first 14 days after purchase, you will be refunded the full purchase price. There is no right of return for the purchase of e-books. This is also clearly explained on the order page with the following text: „I hereby waive my right of withdrawal, as the service is provided immediately. I have read the General Terms and Conditions and agree to them.“ You hereby expressly request that we commence the performance of the contract before the expiry of the withdrawal period. You are aware that by doing so, with digital products and digital content, you lose your right of withdrawal upon commencement of the performance of the contract, and with services, upon full performance of the contract. Furthermore, there is no right of withdrawal if you order as a business (§14 BGB). 

Return costs

In the event of a cancellation, you shall bear the cost of return shipping if the goods supplied correspond to the order and if the price of the item to be returned does not exceed €40, or if, for a higher price of the item, you have not yet rendered the consideration or an instalment agreed upon in the contract at the time of cancellation. However, you shall only bear the regular costs of return shipping. Additional costs, such as those arising from a change in our place of business or from the use of more expensive transport services requested by us, shall be borne by us.

THIRD-PARTY OFFERS

Third-party advertisements for their products and/or services may appear on the course page in the designated areas. Such advertising typically takes place via hyperlinks. Furthermore, so-called „affiliate programmes“ may exist, where users can purchase a product and/or service from a third-party provider via a link or button. If and to the extent that users enter into contracts with these third parties based on such offers, the relevant contractual relationship will be exclusively between the respective third party and the users concerned, and in no case with us.

CHANGES

We reserve the right to amend these Terms and Conditions at any time (even without providing a reason). If amendments are made to these Terms and Conditions that could affect the interests of users, we shall inform users about this via email at least two (2) weeks before the relevant amendments come into effect. If users do not object (email is sufficient) to the validity of the new Terms and Conditions within two (2) weeks of receiving our aforementioned information email, the amended Terms and Conditions shall be deemed agreed between us and the relevant users for their further use of the LS website (we shall once again point out the aforementioned 2-week period and its meaning and scope to users in the information email). In the event that users object to the announced changes within the 2-week period, we reserve the right, in particular, to delete the relevant event accounts. If fundamental changes are made to the Terms and Conditions, we are free to make the continued use of the LS website by the affected users dependent on prior, explicit consent to the new Terms and Conditions via an opt-in solution.

Governing law

The terms and conditions and any legal relationship between us and the respective users shall be governed exclusively by the law of the Federal Republic of Germany, excluding the provisions of private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG). However, this choice of law shall only apply to consumers to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

Under current legislation, we are also obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used for the resolution of disputes without the need to go to court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution Platform can be found here: http://ec.europa.eu/odr. However, we would like to point out that we are neither obliged nor willing to participate in the dispute resolution procedure via the European online dispute resolution platform.

Salvatorian Clause

If individual provisions of the General Terms and Conditions are or become invalid or unenforceable, the validity of the General Terms and Conditions and the relevant legal relationship shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects are closest to the economic objective intended by the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event of a gap in regulation.