General Business Terms (GBT)
§1 Scope of application/general terms
The following General Business Terms (GBT) contain the conditions for the conclusion of any contract between us,
ES Potentialberatung GbR (hereinafter also referred to as “we” or “us”), Preuskerstraße 12, 01558 Grossenhain, Germany and you (hereinafter also referred to as “customer” or “you”) about the service offered on our website heilueben.com unless they are changed by a written agreement between you and us.
In the sense of the GBT, a customer is defined as any natural person concluding a legal transaction for purposes that are predominantly neither commercial nor self-employed.
The GBT apply in the version valid at the time of conclusion of the contract for all business relations between ES Potentialberatung GbR (hereinafter also referred to as “we” or “us”), Preuskerstraße 12, 01558 Großenhain, Germany and yourself (hereafter referred to as “customer” or “you “). Our GBT and our GDPR are part of every contract between you and us.
The contract is concluded between the customer and ES Potentialberatung GbR, Preuskerstraße 12, 01558 Großenhain, Germany.
Contract languages are German and English. Any translation and/or display options to show our site heilueben.com in other languages than German or English are intended purely for assisting purposes.
1.4 Age limit
By accepting the GBT, you are assuring us that you are 18 years or older.
Any alterations of the herein displayed GBT made will be made known to the customer in writing by email. If the customer does not to those alterations within a period of fourteen days, the alterations in question are deemed to have been accepted by the customer. In the event of an objection, you and ES Potentialberatung have the right to terminate the contract. The termination may not be made if it would unreasonably affect your contractual interests.
§2 Subject and conclusion of the contract
2.1 Conclusion of contract
A binding conclusion of contract comes only by a written order confirmation by us by e-mail, which we send you after the expiry of processing time and after receipt of the payment specified in the offer on our PayPal account.
2.2 Claim to the service offered
There is no general claim to participation in the service we offer. We reserve the right to refuse requests without stating reasons.
By the receipt of the payment on our PayPal account, our GBT, as well as our GDPR, apply as accepted. All ancillary agreements require our written confirmation. ES Potentialberatung GbR is entitled at any time to amend or supplement these General Terms and Conditions, including all possible attachments, with a reasonable period of notice.
2.4 Service contract
Unless otherwise agreed in writing, the contracts concluded between you, the customer and us, ES Potentialberatung GbR are service contracts. The Subject of the contract is, therefore, the provision of the agreed services, not the achievement of success in some sort.
§3 Performance description
We provide you with coaching offers, which you can book directly through our website https://heilueben.com. The exact contents can be found in the respective program description.
We are entitled to have the contract or parts of the contract fulfilled by third parties.
3.3 Service delays
Performance delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by utmost care from us (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite the covering business), we do not have represented. They entitle us to postpone the performance for the duration of the obstructing event.
3.4 Prevention on your part
Should you be indisposed due to illness or other important reasons for the agreed date, we have to make side agreements in writing about a postponement of the originally arranged appointment.
In case of unavailability for reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse immediately any compensation already paid.
3.6 Time of performance
We will start with the provision of our services according to the date agreed in the contract. Should however the online connection be disrupted, the lost time is either immediately added to the originally agreed time for the appointment or an alternative appointment is agreed.
3.7 Right of retention
The assertion of a right of retention only applies to such counterclaims that are due and based on the same legal relationship as your obligation.
3.8 Service provision
Our online services will be provided with video conferencing tools from Google Ireland Limited: Google Meet / Hangouts and RED Medical Systems GmbH: RED connect.
3.9 Right to participate
The right to participate in the offered coaching consists only of a contract between the customer and us.
3.10 Gift Card-codes
The gift cards we offer expire after the statutory limitation period of three years. This limitation period begins at the end of the year in which the customer purchased the gift card and is valid for three years from then on. After these three years, the value of the voucher expires without replacement.
Only in the unlikely event that we will close down our business, the gift card can be withdrawn or the value of the gift card paid out. So if we give up our business and you still have a valid voucher, you will, of course, be reimbursed for its monetary value.
The gift card you have purchased can be cashed for all offers valid at the time of encashment.
3.11 Sales discount codes
The sales discount codes we give are only valid within the respective periods advertised and also expire without replacement after these periods have expired.
§4 Right of cancellation
Due to a) the individualisation of our offer to the customer and b) the nature of a leisure time arrangement of our offer there is no right of cancellation according to §312g BGB right of cancellation paragraph 2 sentence 1 and 9.
§5 Your responsibilities
You are solely responsible for the content and accuracy of the data and information you provide. These may not violate the applicable laws or these terms and conditions. You also undertake not to transmit any data whose content violates the rights of third parties (such as personal rights, name rights, trademark rights, copyrights, etc.).
You shall indemnify us from any claims asserted against us by third parties for such violations. This includes the reimbursement of costs of necessary legal representation.
5.3 Data protection
You are solely responsible for the security of the information you are transmitting. We can not be held responsible for the loss of information sent to you.
5.4 Duty to collaborate
You are obliged to provide the necessary collaboration for the contract so that we can perform the contractual service. This means u. a. that you are reachable on the agreed dates and via the contact details sent to us by e-mail.
5.5 Special note
A success resulting from the execution of the contract in the sense of an actual improvement of the quality of life or an economic success is not owed. We are also not liable for the improper application and/or implementation of the recommendations contained in our services or in the documents provided. You are to inform yourself beforehand whether our proposals for action are suitable for you or whether they are associated with further risks. We only provide you with our products or services. The handling and implementation is solely up to you.
6.1 Goals of the provided offer
Every offer we make in consulting and coaching will be about HeilÜben with which the founder Laureen Richard ended pain and inflammation and has been healthy ever since. We provide information about the HeilÜben for self-help and thus aim to pass on experience. However, this does not replace medical or therapeutic treatment and is to be used at your own responsibility. It is not our intention to make diagnoses or make therapy recommendations.
§7 Copyright and usage rights
The content and structure of the products and services offered by us and the related documents and files including all authorized copies are our intellectual property.
We do reserve the right to designate you as a reference and to take pictures in the services offered and to reference them in brochures, brochures and our website. You are entitled to a right of objection.
7.3 Consultation results
You may use the results, information, and documentation provided in the agreement only for private or corporate purposes. We reserve all rights and claims relating to copyrights, trademarks and other related intellectual property rights, as well as all methods, procedures, ideas and concepts and contents of the HeilÜben-exercises that are contained in the results to be provided. You are entitled to the limited, irrevocable and non-transferable right to use these services, which is otherwise unlimited in terms of time and place.
7.4 Copyright infringement
We do reserve the right to claim for any breach of the contractual conditions, especially in case of copyright infringement.
§8 Availability of our services
8.1 Further development of the service/availability
We endeavour to adapt our services to current technical developments. We do therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the customer taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation for purposes of updating and maintenance partially or completely within reasonable limits. We also do not guarantee the availability of the services offered at any time and do not guarantee that the services offered or parts thereof can be made available and used from any location.
8.2 Technical requirements
The use of the website or our services requires compatible devices (for example, functioning internet access or programs that allow video telephony). It is up to you to put or to keep the device in a state, that allows the use of our services.
§ 9 Non-disclosure and Confidentiality Agreement (NDA)
ES Potentialberatung GbR
01558 Großenhain, Germany
– hereinafter referred to as “Information Holder” -and
our business partners
– hereinafter referred to as “Recipient” –
– both hereinafter referred to as “the Parties” –
All terms are gender-neutral.
the following Agreement is concluded:
The following Non-disclosure and Confidentiality Agreement (hereinafter referred to as the “Agreement“) is concluded on the basis of the Business Relationship between the Information Holder and their recipient. The Information Holder is legally obliged and has an interest in protecting Confidential Information and in particular trade secrets and personal data which the Recipient may become aware of in the course of the Business Relationship (which also includes the phase of initiating the Business Relationship, even if no contract is concluded, and the phase of terminating the Business Relationship).
The Agreement, therefore, contains confidentiality obligations which are intended to serve as a basis for legally secure and trustworthy cooperation between the Parties. The information to be considered confidential shall be determined in accordance with the Annex to this Agreement. The Information Holder requests that the Agreement be read carefully and is available to answer any questions regarding the Agreement.
9.2 Terms and Definitions
- “Business Relationship” – The term “Business Relationship” includes all types of ongoing business relationships between the Information Holder and the Recipient in which the Recipient may become aware of the Confidential Information of the Information Holder. If the scope of this NDA has been limited (i.e., within this Agreement or outside of it, in other contracts or regulations) to certain types, types or specific business relationships, contracts, etc., each of these shall be considered the Business Relationship.
- “Confidential Information” – Confidential Information within the meaning of this Agreement shall mean any information, irrespective of its name and irrespective of its embodiment or type of communication (e.g. paper form, digital, oral), which is under the control of the Information Holder and which is not lawfully accessible in whole or in part to Unauthorised Parties (in particular Trade Secrets) or which the Information Holder is obliged to protect himself/herself (in particular personal data). In particular, information shall be regarded as confidential if it is marked as confidential by the Information Holder or if it is determined by law to be confidential or to be protected from unauthorised access by Third Parties. Confidential Information includes, in particular, Trade Secrets of the Information Holder. Also to be treated as confidential are personal data for the processing and protection of which the Information Holder is responsible. Confidential Information includes in particular personal data within the meaning of Art. 4 No. 1 GDPR.
- “Trade Secret” – For the purposes of this Agreement, Trade Secret shall mean information which is not in the public domain or accessible to Unauthorised Parties and which therefore has an economic value for the information holder. This applies regardless of the designation of the information (e.g. as business or manufacturing secrets). A Trade Secret may also exist if it was created by the Recipient in the course of his/her work for the Information Holder, even if the Information Holder has no knowledge of the Trade Secret. A Trade Secret can also be the information that the Information Holder uses certain procedures, software or service providers (even if they themselves are publicly known). Trade Secrets include in particular the information defined as Trade Secrets in the Annex to this Agreement:
- “Personal data” within the meaning of Article 4 No. 1 GDPR means any information relating to an identified or identifiable natural person (e.g. employees, customers, etc.); a natural person is considered identifiable if it can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person. Personal data may only be processed in accordance with statutory provisions, e.g. on the basis of consent or if the processing is necessary for the performance of contracts. The processing also includes the transmission or disclosure of personal data (Article 4 No. 2 GDPR).
- “Third Party/ies” – Third Parties are persons, companies and other legal entities that are neither the Information Holder nor the Recipient or their employees. Third Parties include in particular subcontractors of the Recipient (whose assignment must be permitted).
- “Use” – The Use of Trade Secrets shall be understood as any type of utilization, application, deployment, exploitation of benefits of use, whether for payment or free of charge, in a business or private context, either directly or through the use of Third Parties. In the case of personal data, use means any type of processing within the meaning of Article 4 (1) GDPR.
- “Disclosure”- Disclosure is understood as any enabling of access, knowledge, transmission or other opening of confidential information.
- “Unauthorised Parties” – Unauthorised Parties are persons, companies or other Third Parties who do not have access to the Confidential Information in accordance with its intended purposes, including in particular employees of the Recipient and economically associated companies.
9.3 Confidentiality, Protection and Notification Duties
- The Recipient shall handle confidentially any Confidential Information which comes to his/her knowledge or otherwise becomes known to him/her in the course of the Business Relationship with the Information Holder or which comes into his/her own possession. The Recipient shall comply with reasonable instructions and instructions given by the Information Holder with respect to the protection of Confidential Information. The Recipient shall use the information only within the scope of the purposes for which he/she has received the Confidential Information, to the extent necessary for this purposes, shall protect it from disclosure to Unauthorised Parties and shall not use it for other purposes, including own private purposes.
- The Recipient shall implement the technical and organizational measures (“TOMs”) corresponding to the state of the art with regard to the protection of the Confidential Information, as well as the TOMs imposed upon him by the Information Holder. In any case, the Recipient shall ensure that access to Confidential Information within its own organisational area is restricted to the extent necessary (so-called “need to know” principle). Employees must be informed about the duty to protect confidential information and must be obliged to comply with this duty.
- The Recipient shall require its employees to maintain confidentiality and secrecy with respect to Confidential Information and to comply with the obligations arising from this Agreement and shall ensure that such obligation is complied with.
- The rights of use, exploitation, ownership and other proprietary and protective rights to the Confidential Information belong solely to the Information Holder. The Recipient shall not seek to obtain for himself/herself or for Third Parties his/her own exploitation possibilities and rights to the Confidential Information, e.g. by applying for legal property rights such as patent, design or trademark rights.
- The Recipient shall observe, examine, dismantle or test hardware, software and other products, equipment, facilities to which the Recipient has access within the scope of the Business Relationship, without being instructed to do so or otherwise authorised by the Information Holder, in whole, in part and independently of the development phase, not for the purpose of or resulting from the acquisition of Confidential Information (so-called “Reverse Engineering”).
- If the Recipient discloses the Confidential Information to Third Parties and the Third Parties are not or should not have been known to the Information Holder, the Recipient is obliged, within reasonable limits, to provide the Information Holder, upon request, with a list of the third Parties and the Confidential Information concerned and to inform the Information Holder of the circumstances of the disclosure.
- The Recipient shall immediately inform the Information Holder about possible or impending violations of the protection of Confidential Information, already in case of justified suspicion (e.g. in case of loss of data carriers, misdirection of e-mails or unauthorised access to IT systems by Unauthorised Parties). The duty to report also arises to a reasonable extent if the Recipient is obliged by law, official orders and comparable mandatory measures to disclose the Confidential Information to Third Parties In all the above cases, the Recipient shall take all reasonable measures and efforts to assist the Information Holder in preventing or at least limiting the level of threat or disclosure of the Confidential Information as far as possible.
- If the Recipient intends to disclose Confidential Information and this disclosure is not already known to the Information Holder, the Recipient shall inform the Information Holder in advance (generally in text or written form) about the intended Disclosure and its reason and legal basis (e.g. invoking an exception from protection as a Trade Secret). The information in advance must be provided within a reasonable period of time, which is generally 14 working days. There is no obligation to provide information of the Disclosure in advance, if and to the extent that the information in advance is not possible or not reasonable for the Recipient. In this context, the Recipient is advised that matters within the Business Relationship must first be clarified internally and reported to the Information Holder before they are disclosed to Third Parties. Furthermore, the Recipient must take the legally permissible, possible and reasonable as well as necessary precautions to keep the extent of the Disclosure as limited as possible.
- If required by law, the Recipient shall enter into further agreements with the Information Holder regarding the protection of Confidential Information or make any necessary confidentiality and non-disclosure agreements (e.g. in the case of processing of personal data on behalf of the Information Holder).
9.4 Commissioning of Third Parties
- The use of subcontractors or other Third Parties shall be governed by the provisions of the Business Relationship.
- The Recipient shall ensure that the Third Parties are equally obliged to comply with the obligations applicable under this Agreement, shall ensure that these obligations are complied with and shall provide evidence of such compliance at the request of the Information Holder.
- Companies or persons whose services are not used by the Recipient to perform obligations arising from the Business Relationship, but rather as a purely ancillary service in order to carry out the Recipient’s business activities (e.g. cleaning, security or transport services), as well as the involvement of employees of the Recipient of the Information, are not to be understood as commissioning of Third Parties within the meaning of this section “Commissioning of Third Parties” of this NDA. Nevertheless, the recipient of the information must ensure, e.g. by contractual agreements and instructions, that the security of the Confidential Information is not endangered and that the provisions of this Agreement and the law are respected.
9.5 Contractual Penalty Agreement
- The Recipient agrees to pay a contractual penalty to the Information Holder for each case of a culpable breach of the obligations for the protection of confidential information laid down in this Agreement or by law. The contractual penalty shall be determined by the Information Holder in accordance with the severity and extent of the violation according to fairness aspects at an appropriate amount. The amount of the contractual penalty and its appropriateness may be reviewed by the competent court in the event of a dispute.
- The amount of the contractual penalty shall be at least 10,000 euros..
- The right of the Information Holder to claim further damages as well as any legal remedies and measures of preliminary legal protection shall remain unaffected.
9.6 Duration and Duties after End of the Agreement
- This Agreement shall enter into force upon signature and shall terminate automatically upon termination of the Business Relationship.
- The Recipient shall immediately unless otherwise agreed, within seven working days at the latest, after the termination of the Business Relationship or if the Confidential Information is no longer necessary for the performance of the Business Relationship, return to the Information Holder the obtained carriers of Confidential Information and/or access rights to Confidential Information, regardless of the type and form (e.g. documents and files including any copies, passwords, keys, etc.). The time limit may be shortened or extended due to the circumstances of the individual case, but this requires the justification of the change in the time limit and must be reasonable and appropriate both for the other Party and with regard to other subjects, e.g. data subjects in terms of data protection. Alternatively, the Recipient shall, at the discretion of the Information Holder or if the return is not possible or reasonable for the Recipient (e.g. due to legal retention obligations), destroy, respectively delete the Information carriers, respectively access Authorisation(s) after consultation with the Information Holder. Destruction or deletion shall be carried out in such a way as to prevent the recovery of the Confidential Information. The applicable industry standards must be complied with. The Recipient of the information will confirm the destruction or transfer in an appropriate form, at least in writing, at the request of the Information Holder. The Recipient has no right of retention with regard to the Confidential Information.
- The obligations to protect Confidential Information arising from the confidentiality agreement shall continue to apply after the end of the Business Relationship provided that the information continues to be considered confidential for the benefit of the Information Holder and the compliance with the confidentiality obligation does not lead to an inappropriate or unreasonable restriction of the economic or professional activity of the Recipient. If such a restriction is to be expected, corresponding agreements will be made between the parties, in particular for a reasonable waiting period.
9.7 Governing Law, Jurisdiction and Final Provisions
- The legal relations between the Information Holder and the Recipient shall be governed exclusively by the laws of the Federal Republic of Germany. The agreement of the applicable law shall also apply if the (registered) office of the Recipient and/or his/her residential address is located in another country.
- The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the residential domicile or the (registered) office of the Information Holder and insofar as mandatory by applicable law, the Recipient is a merchant, a legal entity under public law or a special fund under public law or the Recipient has no place of jurisdiction within the jurisdiction of the applicable law. The Information Holder reserves the right to assert claims at the statutory place of jurisdiction.
- The NDA constitutes the entire agreement concluded between the parties. Verbal collateral agreements do not exist.
- This NDA replaces all previous agreements for the protection of Confidential Information within the scope of the Business Relationship between the Parties. Any special regulations for the protection of personal data of continue to apply in addition to this NDA.
- Amendments and additions to this Agreement, as well as the termination of this clause and the termination of the Agreement, must be made at least in electronic form. This refers, for example, to the agreement stored on permanent data carriers by e-mail, digital signing procedures or via dedicated online forms (e.g. in user accounts). The electronic form presupposes the identifiability of the person making the declaration.
- Should one or more provisions of this agreement be invalid or unenforceable, this shall not affect the validity of the remaining provisions. Rather, the invalid provisions shall be replaced by way of a supplementary interpretation by such a provision which comes as close as possible to the economic purpose visibly pursued by the parties with the invalid provision(s). If the above-mentioned supplementary interpretation is not possible due to legally binding requirements, the contracting parties shall agree on a corresponding provision.
9.8 Trade Secrets Covered by the NDA
The following defines the Trade Secrets covered by this Agreement, as well as the exceptions to protection as Trade Secrets.
Covered Trade Secrets
For the purposes of this NDA, Trade Secrets include in particular the following information:
- The fact that the Recipient is working or is otherwise being active for the Information Holder.
- The existence of the Business Relationship (and this NDA), in the context of which this NDA applies, as well as its contents.
- Information on remuneration and other payment agreements between the Information Holder and the Recipient, their performance, payers and payees and the amounts involved.
- Information on sales, turnover, profit, bank movements as well as account balances and creditworthiness.
- Accounting documents, (unpublished) annual accounts, balance sheets, annual and other financial reports.
- Customer lists and customer-related information.
- Information and lists of suppliers, service providers or other business partners as well as confidential business relationships.
- Employee lists, information on employees, personnel planning, personnel structures and related processes.
- Business ideas, calculations, commercial strategies as well as organisational and procedural structures.
- Special market and industry knowledge, marketing procedures, marketing ideas and planned marketing measures.
- Planning, development, production and product monitoring procedures
- Planning, development, production and product monitoring procedures.
- Recipes, substance compositions, material properties and co-formulants
- Legal disputes, official and court proceedings as well as legal disputes (e.g. with competitors, authorities or other parties).
- Machine, object and source code, functions, algorithms, solutions, databases, their structure, logic and content, structural and graphic design of software and software interfaces, including conceptual and design material such as flowcharts or structure charts.
- Technical know-how and registration procedures for intellectual and industrial property rights (e.g. copyright, trademark and patent rights), unregistered patents and inventions.
- Content and structure of training materials and training procedures.
- Templates, regulations and technical drawings.
- Contracts, agreements, offers, conditions, settlements, declarations, obligations as well as their parties and contents, also in the initiation phase and after their termination.
- The contents of invitations to tender and calls for the submission of offers, especially with regard to the required services, prices and other conditions.
- The contents of offers, submissions to tenders and pitches, in particular with regard to the services offered, prices and conditions as well as negotiation tactics.
9.9 Exceptions to protection as a Trade Secret
There are the following exceptions to the protection of information as Trade Secrets.
The Recipient is informed that the following exceptions and in particular the necessity of disclosure must generally be proven by the Recipient.
- The information is generally known or publicly (i.e. to anyone) available at the time of its disclosure by the Recipient.
- The information was developed or created by the Recipient independently and independently of the information obtained from the Information Holder.
- The information was lawfully obtained by the Recipient without violation of legal and contractual obligations towards the Information Holder to protect Trade Secrets.
- The Recipient has been authorised in advance to disclose, process, exploit or otherwise use the information by the Information Holder.
- The Recipient is obliged to disclose the information due to legal regulation or official order.
10.1 Disclaimer of liability
We and our legal representatives and vicarious agents are liable only for intent or severe negligence. Insofar as essential contractual obligations (consequently such obligations whose fulfilment is of particular importance for the achievement of the purpose of the contract) are also liable for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the case of a grossly negligent breach of non-essential contractual obligations, we are liable to contractors only in the amount of the foreseeable, contract-typical damage.
10.2 Product Liability Act
The disclaimer above does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.
10.3 Application and implementation
We are not liable for an improper application and/or implementation of the recommendations contained in our services or in the documents produced. You have to inform yourself in advance whether our proposals are suitable for you. The remaining liability clauses are not affected by this.
§11 Closing provisions
11.1 Place of jurisdiction
Our place of business is the exclusive place of jurisdiction for all legal disputes may arising from this contract.
11.2 Choice of law
Unless compelling statutory provisions contrary to your home law, German law is to the exclusion of UN sales law as agreed.
11.3 Additional fees
Payment via PayPal allows you to pay in any currency accepted by PayPal. However, should you decide to pay in any other currency than euro, US-dollars or British Pound Sterling we reserve the right to charge processing fees.
11.4 Photo and video recordings
Pictures will be taken during the event. In the following, we will inform you about the type and purpose of the pictures, about the legal basis and your rights.
The images are used for the following purposes: making the images available to the participants; Internal image database or image archive; Public reporting on the event.
Legal basis of the recordings: legitimate interests in the use of the recordings for the aforementioned purposes in accordance with Art. 6 § 1 sentence 1 lit. f., 85 GDPR in connection with §§ 22, 23 KUG.
Retention period of the image recordings: The image recordings are kept for as long as is necessary for the aforementioned purposes. The images can be stored internally without restriction, e.g. to secure copyright claims by proof of original recordings or for historical/archival reasons.
ES Potentialberatung GbR
01558 Großenhain, Deutschland
Your rights: You can assert your right to information or correction, deletion and restriction of the processing of the photographs and you can complain to the responsible supervisory authority. You can object to the processing of recordings and data that concern you at any time.
The law of the Federal Republic of Germany applies. UN and US sales law is excluded. Mandatory provisions of the country in which a customer has his habitual residence remain unaffected.