General information Terms and conditions
between
You
(hereinafter referred to as "information requester")
and
Masterplan Value Partner LLP
Suite 1103 - 11871 Horseshoe Way
Richmond, British Columbia V7A 5H5
Canada
Operator of the online academy mindDIVING
(hereinafter referred to as “mindDIVING”)
preamble
The mission of mindDIVING is to provide people with relevant information to develop a better understanding of their own sense of happiness and well-being, enabling them to take targeted actions that lead to happiness, well-being, and health. Therefore, mindDIVING offers various organizations the opportunity to enter into an information agreement. Under this agreement, mindDIVING commits to regularly providing the recipients with further education and training materials, as well as general information. This agreement comprises three essential components.
Particularly important: First, the subject matter of each information agreement is determined both by the specific order and additionally by these General Information Terms and Conditions (GTC). Second, the information recipient may terminate the agreement at any time, without giving reasons and without any formal requirements. Third, this information service is free of charge.
§ 1 Subject matter of the contract, obligations of MindDIVING
(1) The subject of this agreement is that MindDIVING provides the information recipient with information via all conceivable contact channels (postal mail, SMS, email, social networks, and similar channels). The topics of this information are generally defined by the specific information agreement (product and/or service description). In any case,
This information will cover the following topics: new mindDIVING product updates, application of mindDIVING and related third-party products, methods and knowledge about mental training such as meditation, neuroscience and similar topics, mindDIVING seminars and webinars, third-party seminars and webinars, and recommendations for suitable third-party products.
(2) With regard to paragraph 1, MindDIVING is also obligated, among other things, to deliver the information covered by this agreement via social networks and similar communication channels. To this end, MindDIVING is obligated, to the extent technically possible, to upload the email address to a Custom Audience on Facebook or to a "similar audience" on Google and, if possible, to deliver information there as well. This is subject to the provision in paragraph 3.
(3) MindDIVING is furthermore obligated, within the scope of its technical capabilities, to exclude information subscribers who are already registered for a webinar from advertisements for potential new webinar or training participants on Facebook or Google. To this end, MindDIVING must upload the email address to a Custom Audience on Facebook or a "similar audience" on Google. Information subscribers will then be excluded from advertisements for potential new training participants.
(4) There is no entitlement to the coverage of all these topics.
(5) Furthermore, MindDIVING is not obligated to provide advice or to verify this information
The focus is not on the accuracy of the content, but solely on the provision of the information.
§ 2 Conclusion of Contract
(1) The information contract is concluded when the information requester requests a service from Digistore24 GmbH and/or MindDIVING, either digitally, in writing or in another unambiguous form (including implied), in whose product or service description references the conclusion of an information contract.
(2) These AIBs shall also become part of the contract.
§ 4 Free of charge
The person requesting the information does not have to pay any money for obtaining the information.
§ 5 Termination of the Information Agreement
(1) Both parties may terminate the contract at any time without giving reasons and without observing any notice period.
(2) If the customer is also a customer of Digistore24 GmbH and receives access to MindDIVING through this contractual relationship, the existence of this information agreement is not dependent on the existence of the agreement with Digistore24 GmbH.
§ 6 Liability
(1) MindDIVING shall only be liable without limitation for intent and gross negligence.
(2) MindDIVING shall only be liable for simple negligence – except in the case of injury to life, body or health – if essential contractual obligations (cardinal obligations) are breached.
(3) Liability for indirect and unforeseeable damages, loss of production and use, lost profits, lost savings and pecuniary losses due to claims by third parties is excluded in the case of simple negligence – except in the case of injury to life, body or health.
(4) Any liability exceeding that stipulated in this contract is excluded, regardless of the legal nature of the claim. However, the foregoing limitations or exclusions of liability do not apply to mandatory statutory strict liability (e.g., under the Product Liability Act) or liability arising from a strict liability guarantee.
(5) To the extent that liability is excluded or limited under paragraphs 2 and 3, this also applies to the personal liability of MindDIVING's employees, workers, representatives, officers and agents.
§ 7 Right to Amend
MindDIVING is entitled to unilaterally amend these General Terms and Conditions of Sale (GTC) to the extent necessary to rectify any subsequent disruptions in the balance of services, to adapt to changed legal or technical frameworks, or to expand the range of information offered or the information channels. The information recipient will be notified of any amendment, including its content.
The amended regulations will be communicated to the last known email address. The amendment will become part of the contract if the recipient does not object to its inclusion in the contractual relationship with MindDIVING in writing or text form within six weeks of receiving the notification of amendment.