GTC- General terms and conditions for Women-Slim-Forever products and services
We AvatarUp GmbH, 4062 Thening, Austria, are pleased to see you being interested in our products and services. We are confident that our APPs and our webportal match your interests.
Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.
- General/ Field of Application
- AvatarUp GmbH, Melissenweg 1B, 4062 Thening, Austria is a developer and operator of “Women-slim-forever”, a webportal and several APPs (following named as a synonym for the web portal and the APP “platform”), which solved by mental training or by listening to audio sequences and to encourage to lose weight
- The use of the platform and APP is exclusively based on these terms and conditions. Furthermore, these conditions apply to all chargeable services, which consumers (§ 13 BGB) use on the platform.
- By registering on our portal (www.women-slim-forever.com) or downloading the APP useres of “Women-slim-forever” accepts the validity and applicability of these GTC.
- The utilization is only permitted to full aged and contractually capable natural persons. Children and young people are allowed to use the program only in comparison by their parents. We assume no liability.
- Content and Services/contract
- You will get extensive information on the topics of weight loss and motivation on platform as well as on the APP. With the acception of the GTC,, you allow us to send you further information of the products of AvatarUp GmbH. For sure, you can cancel the newsletter, whenever you want it.
- Some parts of the platform are chargeable and access is only possible after registration and payment of a fee. You will get distinct information of before the using chargeable services.
- You will get the information of the prices for the chargeable programs of “Women-slim-forever” before your booking in the legally prescribed manner. The statutory sales tax/turn over tax is included in the price.
- With the presentation of our services, we make you an offer to use the fee-based program of “Women-slim-forever”. By clicking the button “Buy” you accept our offer to use the fee-based program. Henceforth the purchase, and the acceptance of the GTCs is effective, therefore it comes to a valid contract.
- If the confirmation of the contract has essentially clerical or typographical errors or if our pricing on technical transmission errors, we are entitled to contest. In this case payments which are already made will be refunded to the user immediately.
- The contract text will is not saved by us.
- After the purchase of “Women-slim-forever” you access to “Women-slim-forever” and its included content till you clear your account and access to the APP. This program tuned audio sequences in selected language, the use of the APP for the documentation and the use of the web portal. In APP purchases are always priced separately.
- The grant of access to the Facebook group is not part of the scope of offered services. The AvatarUp GmbH reserves the right to release the participation or exclude individual users from reasons not to users from participating in the Facebook group or Women slim-forever-Facebook account becau
- Health status of the user
- The premise to use the APP of AvatarUp and “Women-slim-forever” is a good physical and mental distress.
- The weight-loss program is not suitable for diabetics, pregnant women, mentally ill persons, people with depression, burnout or similar mental illness. Furthermore, the use of the program is not suitable for people with obesity, bulimia, anorexia, metabolic diseases, persons in psychiatric treatment, people with addictions (alcohol, drugs, drugs and so on) as well as persons under the influence of drugs.
- Before the beginning of your weightloss-program we recommend to replace you with a doctor about your weight loss goals. The doctor normally knows which weight loss for you is not harmful for you. Especially when you have the goal to lose than 4 kg.
- The of AvatarUp GmbH “free of charge programs provided by Women-slim-forever” and other contents substitute replace no medical examination or treatment. This is not a medical advice.
- The use of the program is on your own risk. We assume no liability. We recommend to go to an doctor, to discuss, which weight-reduction is healthy and possible for you. Please also consider the BMI, which shows you an international standard, which weight and which proportions of your body are healthy.
- To use “Women-slim-forever”, You have to register during the booking process. The registration and use of “Women-slim-forever” is just full age and contractually capable natural persons permitted.
- Henceforth the registration it comes to a contract concerning the utilization of the platform between you and the seller. The user had made any information required for registration complete, accurate and always up to date.
- We are entitled to base the use of “Women-slim-forever” or individual functions of an appropriate proof of your identity and / or your business ability.
- By registering in the Forum for “Women-slim-forever” You put in a username and a password.
- Keep the password secret. You are responsible to keep the password secret. The “Women-slim-forever” -account may only be used by yourself. Any unauthorized use of your user account and any pertinent suspect is reported to us immediately.
- We will use your name, your e-mail address (you used as part of the registration) to send you regular updates or information. By accepting our GTC you grant us the unlimited possibility to send you information on Women slim forever and other AvatarUp GmbH products. Of course, you can unsubscribe any time from this newsletter.
- PRIVACY SETTINGS
- Every user can change the privacy settings applicable to her account. In this way, the user can decide, to a certain extent, which personally identifiable information is collected with respect to such user; and
- define who can see personally identifiable information that is collected (see below, Item 3.2).
- With respect to the following details, each user can decide, via Profiles-Setting-Privacy, who can see such information: 1. Profile data 2. Activities 3. Status feed 4. Maps of sport-sessions 5. Tracks 6. Photos 7. Sports statistics. The different settings that are available are as follows: All Posts have the status: official, and AvatarUp has the rights for this.
- USE AND SHARING OF PERSONALLY IDENTIFIABLE AND NON-PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES
- By registering, the user explicitly agrees that Avatar-Up GmbH shall have the right to use all automatically collected personally identifiable information, in accordance with the privacy settings of such user, for purposes of the Avatar-Up GmbH applications. Avatar-Up GmbH does not pass on personally identifiable information (see Section 2, above) to third parties, except as required by law or with the explicit consent of the user. Avatar up implements all reasonable measures to prevent the unauthorized access by third parties to saved details.
- The user explicitly consents to the storage and use of non-personally identifiable information for purposes of in-app advertising or on www.women-slim-forever.com by Avatar-up or its partners.
- Health data will never be shared with advertisers or similar agencies.
- PLUGINS AND WIDGETS FOR SOCIAL MEDIA Women-slim-forever.
- includes social media plugins, such as (i) Facebook, (ii) Instagram, (iii) WhatsApp
- Users may recognize the respective plugins, e.g., by the respective logo or other respective characteristic typical for the respective social media-platform on our pages. You can find an overview of
- Facebook-plugins: http://developers.facebook.com/docs/plugins/.
- Instagram-plugins: https://help.instagram.com/478745558852511
- Google+-plugins: https://developers.google.com/+/web/.
- Twitter-plugins: https://dev.twitter.com/web/overview.
- Facebook: http://www.facebook.com/about/privacy/
- Instagram:: https://help.instagram.com
- Google+: http://www.google.com/intl/en/policies/privacy/
- Twitter: https://twitter.com/privacy
- If users do not want to have the respective social media-platform associate their visits on our site with their social media-account, users must log out from their social media-account.
- Several areas of the Avatar-up website use ‘cookies’ ─ small text files that are placed on the user’s computer and stored by the browser. They are used by Avatar-up to provide a more user-friendly, effective and secure service. Cookies also enable Avatar-up to identify a user’s browser and offer services to such user. Cookies do not contain any personally identifiable information.
- You can prevent the installation of cookies by entering the corresponding settings in your browser software. However, please note that in this case you may not be able to use the complete range of functions of the Women-Slim Forever platform to its full extent.
- GOOGLE ANALYTICS
- The Women-Slim platform uses Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses ‘cookies’ (see above). The information about your visit collected by the cookies, including your IP address, is usually transferred to a Google server in the USA and saved there. To the extent that the Women-Slim platform has activated IP anonymization, Google first abbreviates your IP address within member states of the European Union or in other signatory states of the Agreement on the European Economic Area. Only in exceptional cases, will the full IP address be transferred to a Google server in the USA and abbreviated there. Google will use the information collected on behalf of the website operator to evaluate your use of the Women-Slim platform, to compile reports about your activities within the Women-Slim platform, and to provide further services to Avatar-up related to use of the Women-Slim.com platform and Internet use. Google will under no circumstances associate the IP address transmitted by your browser within the operations of Google Analytics with other Google data.
- You can prevent the data related to your use of the Women-Slim platform, including your IP address, generated by the cookies from being recorded by Google and Google’s processing of this data by downloading and installing the browser plugin from the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Avatar-up will send newsletters to registered users. By accepting these GTC, the user allows Avatar-up to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Avatar-up.
- Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Avatar-Up GmbH) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- Right of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Scope of use of contents of “Women-slim-forever”
- All rights on the provided the content (for example, posts, pictures / videos, articles and audio clips), particularly copyrighted use and exploitation rights are in the provider-user relationship adhere to the providers.
- You are entitled to use all the content (for example, audio sequences) for private purposes. This includes the download and temporary storage for private use.
- A transfer or offering the above-mentioned content (for example, audio sequences) to third parties is not allowed.
- Downloading (except in the memory as part of a video stream), storing or archiving of online videos provided is not allowed.
- Furthermore it is now allowed to change copyrights, legal reservation and so on of the downloaded content.
- Liability of the provider
- We exclude all liability for negligent breach of duty, provided these are not contractual obligations (so-called cardinal obligations), concerning damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract and allowed to whose fulfillment you trust. With regard to companies that our liability for breach of contractual obligations, moreover, the amounts range from when the contract typically foreseeable damage.
- In particular, we assume no liability for health damage arising out due to recognized / recognized underlying medical conditions.
- The same is valid for breaches of duty agents and legal representatives
- Since we do not accompany you during your weight-loss process and “check”, we can not accept any liability for your customers follow or non-success. Regarding choice of your weight-loss goal, we would like to point out that we support neither anorexia nor bulimia. That we ask you to stay updated on the official “normal” weight recommendations that were established among others by the WHO (World Health Organization) as the standard values. We ask that you put out your weight-weight loss goals so that, for example, the BMI index correspond. The body mass index is known worldwide as an orientation for the target weight adult men and women, it indicates you whether you are moving in a risk to health body weight range, or even within the normal range. More info at: https://de.wikipedia.org/wiki/Body-Mass-Index
For your misjudgment of a healthy body weight for your body and its impact on your health condition, we assume no liability. We also assume no liability for Mental problems that arise during or after your weight-loss process. We ask you, in whose advent to consult a psychologist or doctor you trust immediately.