Terms & Conditions

General Terms of Use

As of: April 2019

Preamble

The following terms of use form the basis for the use of the www.peakacademy.de under the URL "www.peakacademy.de" from WAAYS CrowdCoaching GmbH, Leimtelstr. 13, 71263 Weil der Stadt (hereinafter also "PEAKACADEMY") offered Internet portals or the services offered below, insofar as they are subject to registration. The terms and conditions listed here serve not only ours, but also yours (hereinafter also "you" or "user") and the protection of other users, and thus constitutes an important prerequisite for a safe and regulated use of our services. We therefore ask for your understanding that the use of our services can only be based on the following terms of use.

  1. Scope and conclusion of contract
  1. These terms of use apply to all Internet services of WAAYS CrowdCoaching GmbH, Leimtelstr. 13, 71263 Weil der Stadt (hereinafter referred to as "PEAKACADEMY") that can be accessed via the URL www.peakacademy.de including all sub-pages or apps (Android, iOS). If you register with PEAKACADEMY as a user or purchase one of our products, you must agree to these Terms of Use. Upon submission of this declaration and completion of registration, a binding user agreement will be concluded between you and PEAKACADEMY on the basis of these Terms of Use. PEAKACADEMY provides its services exclusively in accordance with these Terms of Use.
  2. The current version of the terms of use at the time of conclusion of the contract is decisive. This will be made known to you during registration.
  3. These Terms of Use shall also apply if you use the services offered from other websites that provide access to these services in whole or in part.
  4. The Terms of Use may include other legal agreements, depending on the type of use or status of the user. If additional agreements apply to the use of a PEAKACADEMY service, this will be indicated separately at the appropriate place. In the event of any contradiction between the provisions of the Terms of Use and those in an additional agreement, the latter shall proceed with regard to the corresponding service.
  5. In addition to access to the content on www.peakacademy.de as well as the apps, the user also has access to functions such as user comments, learning notes, keywords (tags) and the like (hereinafter referred to as "User Content").
  1. Registration with PEAKACADEMY
  1. Most of the services offered by PEAKACADEMY can only be used if you register. Registration as a user is done by opening a member account, which requires your consent to these Terms of Use. Minor users must submit a written consent form from their legal guardians to PEAKACADEMY (address see in the preamble) before registering.
  2. Registration with PEAKACADEMY is free of charge.
  3. For the use and processing of the services offered, PEAKACADEMY is permitted to collect, store, process and use certain personal data of the user. Your data is always handled in accordance with the statutory provisions. For more information on data protection in connection with the services offered by PEAKACADEMY, our Privacy Policy contains: https://peakacademy.de/datenschutzerklaerung.
  4. You are obligated to provide truthful and complete information when registering and to keep this information up-to-date at all times. After registration, you will receive a confirmation to the e-mail address you provided. By using the links listed in the e-mail, you confirm the correctness of the information you provide and complete the registration with PEAKACADEMY. PEAKACADEMY will send you declarations concerning the use agreement with PEAKACADEMY (e.g. changes to the terms of use, termination of access, etc.) to the e-mail address you have provided.
  5. Keep your credentials secret! You are solely responsible for all activities carried out through your account (see above, para. V and VII).
  6. PEAKACADEMY expressly reserves the right to refuse registration requests. In this case, PEAKACADEMY may inform you briefly by e-mail of the reasons for the refusal, but there is no obligation to do so.

III. Services offered by PEAKACADEMY, use of the content on PEAKACADEMY

  1. PEAKACADEMY provides an Internet platform where educational content from the field of sport can be offered and accessed in the form of videos, documents or other forms ("Educational Content").
  2. The services and educational content offered on PEAKACADEMY are partly provided to you free of charge, partly for a fee. Paid offers are always clearly marked as such.
  3. The content offered on PEAKACADEMY, whether it is user content or educational content, may be used by registered users exclusively for their own purposes in accordance with the contract, i.e. online on PEAKACADEMY and offline only via the PEAKACADEMY app or other routes provided by PEAKACADEMY. A download by the users outside the channels offered by PEAKACADEMY is not permitted, for any purpose. If content is offered for download, downloading of these is only permitted in accordance with the associated terms of use (e.g. payment) and these may not be copied, used further or passed on to third parties. The right of download does not imply any transfer or further granting of copyright; PEAKACADEMY reserves all rights not expressly granted to the user in this respect. Content intended for download is always marked as such.
  4. In order to use the services offered by PEAKACADEMY, you must meet certain technical requirements that are not covered by the service offered by PEAKACADEMY (in particular, you must use Internet access (recommended bandwidth of at least 2000 DSL line) and an internet-enabled computer with the software required for use (e.g. internet browser, flash plug-in, etc.).
  1. Use of paid content
  1. For payments on www.peakacademy.de, we generally offer the payment methods direct debit (SEPA direct debit), Paypal and credit card.
  2. When paying by credit card or Paypal, your bank account will be debited when the order is completed. In case of payment by direct debit (SEPA direct debit), we send the order for collection with completion of the order to our payment service provider, the debiting of your bank account usually takes place a few days later.
  3. If the payment method direct debit (SEPA direct debit) and the transfer of the customer's bank details are selected, PEAKACADEMY is revocably authorized to collect the invoice amount from the customer's specified account. If the direct debit is not redeemed due to insufficient account coverage or due to the provision of an incorrect bank details, or if the customer objects to the debit, even though he is not entitled to do so, the customer has the right to charge the respective to the credit institution if it is responsible for this. Your account will be debited after the order has been completed.
  4. If you make a payment on www.peakacademy.de, a contract for a service is concluded. Currently, we offer two types of paid services:
    1. Subscription to payment content;
    2. Direct payment of payment content.
  5. By using (a)'s services, you purchase access to the Content for a subscription fee that is due annually, unless you cancel the subscription within the deadline. When using (b.) direct payment services, you acquire the right to use the agreed payment content within the agreed period in accordance with the contract. The prices and maturities shown apply.
  6. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be made together with the acceptance of the order immediately after sending by automated e-mail. For new customers without an existing PEAKACADEMY account: With the confirmation of your email address by activating the link contained in the confirmation email, the registration is completed and the contract with PEAKACADEMY has been concluded.
  7. PEAKACADEMY may remove individual content from the platform at any time. Offers for the use of the individual contents are subject to change. There is no entitlement to the permanent availability of all educational content posted on PEAKACADEMY at any given time and therefore no entitlement to the fact that all content available at the beginning of a subscription is also available for the entire remain available for the duration of the same. Should various usage options be offered (e.g. Basic, Premium or otherwise designated options), the differences in the conclusion of the contract are clearly presented and form part of the contract with you. Any rights of use (except explicitly and in writing otherwise agreed with PEAKACADEMY (e.g. as part of group licenses)) expressly include only you, the disclosure of access data to third parties or the use together with third parties that do not have access acquired is not permitted.
  8. If you use paid educational content, enter into a contract with PEAKACADEMY, which is also the provider of the material. All payment transactions are processed via PEAKACADEMY or third-party providers with whom PEAKACADEMY cooperates to process the payment transaction (currently e.g. Paypal, Stripe).
  9. PEAKACADEMY is free to charge usage fees for additional services in the future or to charge a usage fee for previously free services. Whether you want to use paid services after a change is of course up to your separate decision.
  10. In the case of a transaction, we save the contract text and send you the order data and our terms of use by e-mail. You can also view the terms of use here at any time. Your order data is no longer accessible via the Internet for security reasons.
  1. User obligations
  1. You are obligated to keep your access data (username, password) secret and not to allow third parties access to your account. Your account cannot be transferred to third parties. In particular, you are prohibited from giving third parties access to PEAKACADEMY's services through your Account in order to avoid any fees that may apply. You are obligated to inform PEAKACADEMY immediately if there are indications of misuse of your Account or if you have become aware that a third party has taken unauthorized knowledge of your access data.
  2. You agree to comply with applicable laws and regulations when using PEAKACADEMY. In particular, you may not publish and make available via PEAKACADEMY any content, materials or information that violates any legal provisions and/or these Terms of Use. In particular, the duplication, publication and distribution (including via radio, TV or the Internet) of PEAKACADEMY content (videos, downloads, other materials provided), in any form, is prohibited, you will not be copyrights in any form.
  3. You may not misuse the services offered by PEAKACADEMY in any way. Abuse occurs in particular in the following cases:
    1. Any use for personal contractual purposes, in particular use, which would require the granting, transfer or exercise of rights under the Copyright Act;
    2. publication or distribution of pornographic, obscene, sexist, defamatory, defamatory, offensive, threatening, inciting or racist content, information, software or other material;
    3. Any form of advertising for products or services, including the use of data for the distribution of advertising, unless PEAKACADEMY has explicitly agreed to this in advance in writing;
    4. Commercial use of the services offered by PEAKACADEMY without PEAKACADEMY having previously consented to commercial use. (e.g. specification of paid value-added service numbers or hyperlinks to paid Internet offers);
    5. Take any action that may impair or impair the functioning of PEAKACADEMY's services (for example, by using "robot," "spider" or "offline-reader-"" software for the automatic generation of user requests over the Internet; Email bombing; Denial of service attacks; inclusion of harmful components such as viruses, worms, Trojan horses, etc.);
    6. modification or distribution of areas of the Offer, including areas of other users that have not been explicitly made available to the User for this purpose;
    7. Any use of the evaluation system that runs counter to the purpose of the evaluation system. In particular, this includes the submission of inaccurate or unjustified assessments, such as circumstances not related to the use or quality of the content provided or the service itself;
    8. Publication of articles and information with misleading and/or untruthful content.
  1. Rights to user content
  1. At PEAKACADEMY, provide comments, learning notes, keywords (tags) and the like ("User Content" as defined in point. I paragraph 5) that any existing rights remain with you as far as possible. You grant us rights to this only to the extent that we need it in order to display and make publicly available such User Content in our Services as intended.
  2. You can remove your user content set by PEAKACADEMY at any time by yourself (for the e-authors regulation, see their terms of use). You can also send us an email to info@PEAKACADEMY.de asking you to remove user content. If possible, we will comply with this within 14 days. With the distance, all, according to us, no. 1 of the respective content.

VII. Revocation instruction

A consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity, has a statutory right of withdrawal to:

Return Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must contact us (WAAYS CrowdCoaching GmbH, Leimtelstr. 13, 71263 Weil der Stadt, phone number: 07033 5239147, e-mail: info(at)PEAKACADEMY.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) via your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.

 

Consequences of revocation

If you withdraw from this contract, we will have provided you with all the payments we have received from you, including delivery costs (with the exception of the additional costs arising from your delivery being a different type of delivery than the cheapest one offered by us. Have chosen standard delivery) to repay immediately and no later than fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; Under no circumstances will you be charged fees for this repayment.
If you have requested that the services begin during the revocation period, you must pay us a reasonable amount to the proportion of the amount by which you inform us of the exercise of the right of revocation in respect of this contract, Services already provided are in line with the total amount of services provided for in the contract.

 

End of revocation Instruction

 

Special notes

  1. The right of withdrawal expires in accordance with Section 356 para. 4 In the case of a contract for the provision of services, even if the trader has provided the service in full and has only begun to carry out the service after the consumer has given his express consent to it and his has confirmed that he will lose his right of withdrawal in the event of complete performance of the contract by the entrepreneur.
  2. The right of withdrawal expires in accordance with Section 356 para. 5 In the case of a contract for the supply of digital content not on a physical medium, even if we have started to execute the contract after the consumer has
    1. has expressly agreed that the entrepreneur will start executing the contract before the expiry of the withdrawal period, and
    2. has confirmed his knowledge that he loses his right of withdrawal by his consent at the beginning of the execution of the contract.

 

Pattern revocation form

(If You want to revoke the Contract, please fill out this Form and send it back.)
– To WAAYS CrowdCoaching GmbH, Leimtelstr. 13, 71263 Weil der Stadt; E-mail: widerruf(at)PEAKACADEMY.de):
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) - Ordered on (*)/received on (*)
– Name of consumer's/
– Address of consumer/Union (s)
– Signature of the consumer's/must (s) (paper only)
– Date
----

(*) delete incorrect.

You are also welcome to use our pre-made form for your cancellation: Withdrawal Form-PEAKACADEMY.pdf

  1. Liability of PEAKACADEMY
  1. IN the event of intent and gross negligence, including its legal representatives and vicarious agents, PEAKACADEMY shall be liable in accordance with the statutory provisions. The same applies to culpable damage caused by injury to life, body or health, damage caused by the absence of a guaranteed quality, and in the case of malice.
  2. In the event of material or financial damage caused by slight negligence, PEAKACADEMY shall only be liable in the event of a breach of an essential contractual obligation (i.e. an obligation whose fulfilment enables the proper execution of a contract in the first place and on whose compliance with the parties on a regular basis); in this case, the liability of the amount is limited to the foreseeable and typical contractual damage at the time of conclusion of the contract.
  3. Liability under the Product Liability Act remains unaffected.
  4. SUBJECT to the foregoing provisions, PEAKACADEMY shall not be liable for the accuracy, quality, completeness, reliability, nature and quality of those posted on the PEAKACADEMY websites or the websites of third parties linked or referred to by PEAKACADEMY.de, information and content provided. Content that is not specifically marked as content provided by PEAKACADEMY itself comes from the e-authors or other users. They do not represent any opinions of PEAKACADEMY, are not verified or controlled by PEAKACADEMY and PEAKACADEMY does not adopt this content as its own. Liability claims against PEAKACADEMY for material or non-material damages caused by the use or non-use of the information provided or by the use of incorrect and incomplete information exist solely within the scope of the foregoing provisions.
  5. Otherwise, PEAKACADEMY's liability is excluded.
  1. Term of the User Agreement, deletion of content and exclusion from use
  1. This User Agreement is concluded for an indefinite period of time. It may be terminated by both parties with a period of three months at the end of the month without giving reasons, but at the earliest at the end of a paid or free course or the use of any other service by us. The cancellation must be made by e-mail to info@PEAKACADEMY.de or in writing to the peakACADEMY postal address mentioned in the preamble.
  2. If you use a service offered by PEAKACADEMY for a fee (e.g. in the context of a subscription), the term and notice period of the contract for the use of this service results from the price and price Performance overview.
  3. The right of the parties to terminate the user relationship exceptionally shall remain unaffected by the provisions of these Terms of Use. An important reason for extraordinary termination exists for PEAKACADEMY in particular if you have provided false information during registration or if you have made significant and/or repeated breaches of your obligations arising from these Terms of Use, in particular the in para. II and V.
  4. The operation of the services offered by PEAKACADEMY is at the discretion of WAAYS CrowdCoaching GmbH. All offers are subject to change and are non-binding. PEAKACADEMY expressly reserves the right to change, supplement or delete parts of the website or the entire offer at any time at will and without giving reasons, without prior notice, or to temporarily or permanently change the services. in particular to limit the storage space and/or data transfer volumes provided for individual services, provided that you are not unreasonably disadvantaged by this in good faith or, taking into account our interests, to become. If you discontinue the Services, you may be refunded services that PEAKACADEMY has not yet provided at the time the Services are discontinued.
  5. If PEAKACADEMY becomes aware that you have received your obligations under para. II or para. V of these Terms of Use intentionally or negligently, PEAKACADEMY shall be entitled to immediately, temporarily or permanently block your access, to block or delete your content and/or to use the services and functions. If your account has been suspended, you can only re-access the services offered with the prior written consent of PEAKACADEMY. PEAKACADEMY will decide on your re-admission at its sole discretion.
  6. PEAKACADEMY is also entitled to block your access without giving reasons if you have not used the services offered by us for a long time and access is free for you. In this case, you can apply for a new access at any time or register again.
  7. You are entitled to delete your account at any time and without giving any reason. Send us a message by email to info@PEAKACADEMY.de and we will make the deletion for you as soon as possible. If you wish to delete your personal data stored by PEAKACADEMY, please also explain this in an email to info@PEAKACADEMY.de. Account deletion does not release you from your contractual payment obligations.
  1. Changes to the Terms of Use
  1. The basis of the user agreement are the terms of use of the website, which apply to the registration of the user. PEAKACADEMY reserves the right to subsequently change the details of these Terms of Use to the extent that this appears necessary and does not place you at a disadvantage contrary to good faith or unreasonably.
  2. Subsequent changes to the Terms of Use will usually serve to improve PEAKACADEMY's registration-based services in your interest. Changes may also be necessary due to a change in the legal situation and/or jurisdiction, or due to otherwise unforeseeable changes which PEAKACADEMY does not induce and has no influence on PEAKACADEMY and which, without a adaptation or supplementation of the terms of use would make the execution of the contract more difficult or impossible. Significant deviations from the terms of use applicable at the time of conclusion of the contract and fundamental changes to the user agreement are expressly excluded from the above-mentioned power of amendment and can only be made by mutual agreement between you and PEAKACADEMY.
  3. Changes or additions to the Terms of Use will be notified to you by written or electronic notice with a reasonable notice period of at least four weeks. The changes or additions become part of the contract if you do not object to them within six weeks of their notification and/or you continue to use the services of PEAKACADEMY that require registration after this period. If you object to the changes, each party may terminate the Terms of Use in accordance with the termination notice applicable prior to the amendment. IN announcing the amendments, PEAKACADEMY will explicitly inform you of the right of objection and its consequences.

XII. HighACADEMY's Money Back Guarantee Terms and Conditions for End Users

You can now test any course in our offer for 14 days. Of course, we hope that you will be satisfied with our courses. If this is not the case, you have the possibility to get a your purchase price refunded.

This promotion applies only to the individual purchase of access to a single course and not to the ALL ACCESS subscription.

You are free to cancel access to any PEAKACADEMY course and receive a refund of your purchase price, provided that the following conditions are met:

  1. The purchase of the price access is no longer than 14 days ago.
  2. You have not viewed more than 30 of the affected course. (By applying for the money back guarantee, you agree to the usage analysis of your user account for the affected course)
  3. You have purchased course access as an end user on our website peakacademy.de.
  4. Purchases made in the course of a discount promotion are excluded from the money-back guarantee.
  5. As proof of the date of purchase, you will send the invoice or order confirmation for your order to garantie@peakacademy.de together with the cancellation request
  6. The original shipping costs, return costs and any additional costs will not be refunded unless we have expressly agreed to refund these costs.
  7. The refund is usually made via the same payment method that you used to purchase the course access. If this is not possible, we will transfer the amount by bank transfer.
  8. The processing time of a refund can take up to 5 business days after receiving your purchase receipt

XIII. Other provisions

  1. Should one or more provisions of this contract be or become ineffective, this shall not affect the validity of the remaining provisions. In this case, the legal provisions apply instead.
  2. These Terms of Use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  3. If PEAKACADEMY waives the enforcement of these Terms of Use on a case-by-case basis, this does not imply any amendment to them.
  4. If the participant is a merchant, a legal entity under public law, a special fund under public law or in Germany without jurisdiction, the exclusive place of jurisdiction for all disputes arising from this contract is Stuttgart.