General Terms and Conditions
General Note: The following SACOSA General Terms and Conditions are intended for use with SACOSA customers outside Germany for which we do not provide localized terms and conditions.
The following General Terms and Conditions of Business of the Genussjäger GmbH (hereinafter referred to as “SACOSA”) are valid for companies and private customers (hereinafter referred to as “the principal”) who commission SACOSA to provide services or consulting services.
2.1. Parties to the contract and subject matter of the contract
These General Terms and Conditions of Business form the basis of the user contract being formed between the principal and SACOSA. The subject matter of this contract is the use, free of charge or for a fee, of the services SACOSA and SACOSA Coaches offer.
2.2. Additional terms and conditions
SACOSA reserves the right to agree to additional terms and conditions for individual SACOSA Services. We will, however, notify the principal of this in good time prior to use.
3. SACOSA Services
3.1. Services free of charge or for a fee
SACOSA helps the principal to increase the health and productivity of their workforce or themselves by providing coaching and consulting services as well as training, surveys and analysis. Coaches can either be employees of SACOSA or work as freelancers.
4.1. Terms and conditions with regard to health
Use of the SACOSA Services is at the principal’s employees or the private citizens (hereinafter referred to as “customers”) own risk.
In any case a condition for the use of SACOSA Services is that customers must be in a good general state of health. If customers have knowledge of any pre-existing medical conditions we advise them to seek medical advice from a doctor urgently before they start SACOSA Services (such as trainings or coachings). This applies in particular if they have knowledge of one or more of the following medical complaints/ conditions/ procedures:
- cardiovascular disease,
- lung or respiratory disease (including asthma),
- spinal and/or joint problems,
- neuromuscular disease,
- surgical procedures,
- any other health issues
In case of SACOSA Services related to nutrition, customers are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which they are allergic or which may cause food intolerance.
In addition SACOSA’s female customers should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by SACOSA. If this is expressly desired by the customer, SACOSA assumes no liability for the coaching.
The following general rules apply to customers: Listen to what your body is telling you. Before using the SACOSA Services for the first time or while using SACOSA, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with SACOSA.
4.2. No substitute for medical advice
The services and information offered by SACOSA and the SACOSA services do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
4.3. Training-, Recovery- and Dietary Methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base SACOSA trainings, recovery and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.
5. Liability for Defects
5.1. Statutory Provisions
Statutory provisions apply to claims due to defective services.
5.2. Disclaimer of guarantees
We do not make any representations or guarantees that the use of the SACOSA Services will bring the training- or other result intended by clients. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the SACOSA Services.
Insofar as customers are provided with guides or instructions in connection with the Services Services it is imperative that they follow them. Otherwise they risk being injured and their general health.
Insofar as they use equipment or training tools it is their responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.
Customers need to observe and respect SACOSA’s health safety notices in clause 4.
6.2. Liability for services provided free of charge
For services provided free of charge, SACOSA will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. SACOSA’s liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature SACOSA’s liability is limited to reasonable, foreseeable damage. Otherwise, SACOSA’s liability is excluded.
6.3. Liability for services provided for a fee
In the case of services provided for a fee SACOSA has, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.
If SACOSA breaches a material contractual obligation as a result of slight negligence, SACOSA’s liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the customer can rely or ought to be able to rely.
SACOSA’s liability in the event of any injury to life, limb or health that is SACOSA’s fault remains unaffected by the above-mentioned limitations.
Otherwise, SACOSA’s liability is excluded.
6.4. Liability of SACOSA’s employees and Coaches
To the extent that SACOSA’s liability is excluded or limited, this exclusion or limitation also applies to SACOSA’s employees and agents.
6.5. Product liability
Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.
7. Rights of Use over SACOSA Content
Depending on which services have been enabled for customers, or which services customers have purchased, the services SACOSA offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant customers a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt SACOSA draws customers attention to the fact that in particular distributing SACOSA’s content or making it publicly available, e.g. on websites other than SACOSA websites, is not permitted. The right of use will lapse when access to the respective service is no longer enabled or when the customer contract ends.
8. Responsibility for User-Generated Content
8.1. Disclaimer of responsibility for third party content
Customers are solely responsible for content that they post within the SACOSA Services. SACOSA accepts no responsibility for this content, nor does SACOSA monitor it. Customers are prohibited from advertising commercial websites or other products through their user account.
8.2. Compliance with statutory provisions
When supplying content, customers are obliged to comply with all the applicable laws and other legislation of the Federal Republic of Germany and their country of residence. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libelous in nature.
In addition customers are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular customers must also hold the necessary rights over their profile picture or any other picture they post.
SACOSA is hereby authorized to delete or remove content that is illegal or that conflicts with the previously stated guideline, at any time and without forewarning. If customers infringe the above-mentioned principles SACOSA is entitled to give customers a warning or to temporarily block their user account or to cancel the user contract for good cause.
If customers infringe the principles mentioned in clause 8.2 and that this is their fault (i.e. because they acted either negligently or with intent), they are obliged to indemnify SACOSA against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defense. They are obligated to provide assistance in clarifying the disputed situation. SACOSA reserve the right to assert claims for damages and other claims.
9. Personal Data
Data from customers will not be passed on to the principal. All data collection regarding the success and satisfaction of the customer must be done through surveys or separate data collections, which are to be initiated by the principal.
10. Online dispute resolution for customers who are private citizens
The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: http://ec.europa.eu/consumers/odr/
Consumer information: Non-participation in dispute resolution proceedings.
We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. SACOSA’s email address can be found in clause 13.
11. Changes to the General Terms and Conditions of Business
SACOSA hereby reserves the right to modify and adjust the general terms of business with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take customers interests into consideration. SACOSA will advise customers of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If customers do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use SACOSA, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that customers do object, SACOSA expressly reserves its rights of ordinary cancellation. SACOSA will also advise customers again separately of their right to object, the deadline to do so and the legal consequences of their objection or failure to object.
12. Final provisions
12.1. Applicable law
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
12.2. Place of jurisdiction
If the customer does not have a place of general jurisdiction in Germany or in another EU Member State, or if the customer has moved his permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if the customers permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be SACOSA’s place of business.
12.3. Language of the contract
The language of the contract is English.
12.4. Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
13. Information about the Supplier
Managing Director: Sammy Gebele
Registered in the Commercial Register held at Munich District Court under number: HRB 212339
VAT number: DE295571741