General Terms and Conditions

Identity: Florian Mueck

Postal Address: Avda. Castell de Montbui 90, Bigues i Riells (Spain)

VAT number: ES X5340895L

Telephone: +34 635 198 645

Contact: [email protected]

These are the terms of use of Push your Pitch - Florian Mueck (hereinafter referred to as "provider") for the use of the information platform "PushYourPitch". These terms of use govern the contractual relationship between the provider and the natural and legal persons who use the platform as registered members (hereinafter "users"). Registration with the platform is subject to a fee.

§ 1 Subject matter of the contract

(1) By sending the order, the User submits a binding offer directed towards the conclusion of a purchase contract. By sending the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the provider. The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation represents the acceptance of the contract offer by the provider. It also serves to inform the customer that the order has been received by the provider.

(2) The terms of use regulate
- the online retrieval of the training platform or individual parts thereof;
- the reproduction of individual contents by the user by way of download or printout;
- the retrieval of non-downloadable information offers (streaming);

(3) The Provider is entitled to change the range of services (platform content, structure of the platform and user interface, etc.) if and to the extent that this does not significantly impair the fulfillment of the purpose of the contract concluded with the User. The User shall be notified of any such changes by the Provider.

§ 2 Availability

The information service is available 24 hours a day for online access via the Internet. Within these operating hours, the Provider assures the User an average availability of the platform of 95%. Exceptions are short maintenance times or failures due to force majeure.

§ 3 Registration

(1) The use of the platform requires registration. The User is obliged to provide the correct and complete data requested during registration.

(2) Registration is subject to a fee.

(3) After registration, the user receives an access code and a password. The user must keep the access code and password assigned to him protected from access by third parties. If incorrect password entries are registered three times in succession under an access code, the connection will be interrupted.

§ 4 Technical requirements

(1) The user himself is responsible for the technical conditions and requirements to enable undisturbed access to the platform and download of the content. The user is responsible for procuring and maintaining the hardware and connections to public telecommunications networks required by him.

(2) The User shall bear the costs of setting up the online connection and maintaining it on the User's side. The Provider shall not be liable for the security and continuity of data communication conducted via third-party communication networks. The Provider shall also not be liable for disruptions in data transmission caused by technical errors or configuration problems on the User's side.

(3) The user is responsible for the hardware and software used by him as well as for the communication channels used by him. A failure of the hardware and software used by him shall not release him from the obligation to pay the basic fee.

§ 5 Granting of rights of use

(1) The platform as well as the individual contents are - unless otherwise noted - protected by copyright. The user is obliged to observe the existing copyrights and undertakes not to violate them.

(2) The user may only retrieve the content for his own use, and may store and use it in part if necessary. The limits of § 53 UrhG apply as a benchmark for this. The retrieved information may only be used for the user's own use. Companies with several users shall be granted further rights of use in an individual offer.

(3) The content may not be downloaded or reproduced, either in whole or in part, made available to third parties, publicly presented or reproduced, or in any other way passed on to third parties permanently or temporarily, whether in return for payment or free of charge, beyond the scope expressly permitted. Furthermore, any adaptation, translation or other processing of the contents is prohibited.

§ 6 Remuneration and payment methods

(1) For the use of the platform is charged according to the price specified in the offer. Billing is based on the User's identification via the Kajabi platform made by entering the User ID and password.

(2) The use of paid offers can be paid either by credit card, direct debit or PayPal. Your credit card account, current account or PayPal account will be debited upon completion of the order.

§ 7 Copy protection and exclusion from use

(1) The provider is entitled to provide all content made available for download with a code to prevent unauthorized use. The User is not entitled to remove this coding. The Provider is entitled to further develop the coding technology in accordance with the state of technical development and within the scope of legal permissibility.

(2) The user acquires the right to access the offered streaming content online (use), but not the right to permanently store this content. In particular, the local storage of streaming content, copying and recording with capture software, etc. is prohibited. Furthermore, it is not permitted to pass on streaming content or make it accessible to third parties.

(3) In the event of serious and/or continued violations of these Terms of Use, users concerned may be temporarily or permanently excluded from using the platform. The temporary or permanent exclusion of a user must always be preceded by a request to cease the offending behavior. The exclusion can only be pronounced if the user in question does not noticeably change his or her behavior. Users who have already been excluded can be readmitted if it is ensured that the abusive behavior will cease in the future.

§ 8 Warranty and liability

(1) Liability claims against the author caused by the use or misuse of the online offer or the presented methods are generally excluded. The operator and provider of the website assumes no liability for the way in which the exercises and suggestions from the course and training offer are implemented, or for damages of any kind that may result from their use. This includes, but is not limited to, any personal injury.

(2) The provider is not liable for the existence, suitability and faultlessness of the public transmission lines used by the user and the user's own data communication devices.

(3) The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice, or to discontinue publication temporarily or permanently.

§ 9 Duration of the paid access

(1) The user contract is concluded for a period of twelve months. After this period, the contract is not automatically extended. The user's obligations under §6 of this contract shall not be affected by the fact that the user does not use or call up the booked offers.

(2) The above regulations do not affect the right of both parties to terminate for good cause. An important reason for the Provider exists in particular if the continuation of the contractual relationship until the expiration of the contractual notice period is unreasonable for the Provider, taking into account all circumstances of the individual case and weighing the interests of the Provider and the User. Important reasons are in particular the following events:

- Non-compliance with legal regulations by the user;
- Violation by the user of his contractual obligations.

§ 10 Applicable law

The contract concluded with the User shall be governed exclusively by Spanish law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The European Commission provides a platform for online dispute resolution (OS), which you can find here:
Link to the platform of the European Commission
in accordance with the Regulation on Online Dispute Resolution in Consumer Matters. Consumers have the option to use this platform for the resolution of their disputes.

§ 11 Jurisdiction agreement

The exclusive place of jurisdiction is the registered office of the provider in Bigues i Riells, Spain.

§ 12 Reservation of right to make changes

The Provider is entitled to amend or supplement these Terms and Conditions at any time, insofar as this becomes necessary due to corresponding changes in the law or in the course of expanding the areas and technical conditions of the platform to cover the newly integrated functions. The User has the right to object to such a change. If the User does not object to the amended terms and conditions within 6 weeks after receipt of the notice of amendment, they shall become effective. The Provider shall specifically inform the User in writing or via e-mail at the beginning of the period that the notice of change shall be deemed accepted if the User does not object to it within 6 weeks.

§ 13 Money-Back-Guarantee

(1) You have the right to revoke the contract of your purchased products within thirty days.

(2) The revocation is no longer possible and invalid, if you have already viewed, downloaded or otherwise used at least 25% of the course content. For this purpose, we check the progress of their course program in the internal system "Kajabi".

(3) The revocation period is thirty days from the day you took possession of the course / access to the product.

(4) To exercise your right of withdrawal, send us - Florian Mueck, Avda. Castell de Montbui 90, Bigues i Riells (Spain)
- please send an email with your decision to withdraw from this contract to [email protected].

(5) In connection with the withdrawal period, it is sufficient if you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

(6) If you revoke this contract, we will refund the payments at the latest within fourteen days from the day we received the notification of revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you.

(7) Under no circumstances will we charge you a fee for the refund.

(8) From the moment of withdrawal, your right to access the purchased products and content will expire. Any access data will be deleted from our system.

(9) We are in no way obligated to refund any costs other than the purchase price of the product.

(10) We reserve the right to unilaterally modify, suspend or terminate this warranty or exclude customers in case of abuse.

§ 14 Final Provisions

(1) Unless otherwise agreed, the User may make all declarations to the Provider by e-mail or by using the contact form or send them by letter. The Provider may transmit declarations to the User by e-mail or by letter to the addresses that the User has entered as current contact data in his user account.

(2) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply mutatis mutandis in the event of loopholes in the contract.

02.12.2022,  Bigues i Riells (Spain)