Standard business terms (SBT) of fitbase Institut für Online Prävention GmbH (fitbase).
§ 1 Applicability
These Terms constitute a binding legal agreement between you, as a user of the Services, and Fitbase Institut für Online Prävention GmbH (“Company”, “we” or “us”). If you have been authorized to, and are helping another person apply for and/or use the Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Company.
If you are not willing to be or cannot be bound by these terms, then you may not access, browse or use the services. Moreover, we do not and will not grant you any right or license to access, browse or use the services without your willingness and ability to be bound by all of the terms and conditions set forth herein.
The valid version of these terms constitutes the current version at the time of the conclusion of the contract.
§ 2 Subject of this contract
Fitbase offers various chargeable online prevention courses via the domain fitbase.de. Part of these are, among others, “stress management online”, „Online-Rückenschule“, „Stressbewältigung und Entspannung“, „Fit & Aktiv“ and „Gesunde Ernährung“. The courses aim to convey a healthy lifestyle to participants. The participant will receive theoretical information, practical exercises and advice about different health topics in successive course units within course duration. In addition, the course provides the user with additional functionalities, e.g. Diaries, statistics or an online forum.
The company cannot guarantee for a successful usage and it cannot be checked whether the participant carries out the correct information and exercises. All content is based on the current scientific evidence and created by qualified experts according to strict guidelines of the German preventative health care act. However, this course cannot replace any medical advice. Individual health-related and psychological characteristics of the participants cannot be evaluated individually and taken into account because communication takes place via the internet only and the user information provided within the course cannot determine a person’s health status. By agreeing to these conditions, the participant commits to seek immediate medical advice in case of any possible negative effects. Fitbase commits to keeping the internet platform up-to-date and to make any necessary changes or optimizations, e.g. to improve functionalities and to update the content.
§ 3 Registration
The protected area of the online prevention courses is accessible only after registration and is subject to special safety regulations where the content is not visible to third parties. Prerequisite for access to the secure area is a complete registration. For this purpose, the participant must register and provide the required data in a complete and correct manner. The participant receives an e-mail from fitbase after registration with a activation link. Once the participant has confirmed his registration by clicking on the activation link, he gains access to the secure area.
§ 4 Community & Hotline
Fitbase provides the participants with a community forum, which does not take on any additional advisory function, but serves exclusively for the exchange among the participants. All content, which the participant provides in the community and thereby transfers to the web site accessible to the community, is the sole responsibility of the participant. The provider accepts no guarantee for the truth, content or quality of the contents provided by other participants.
Fitbase reserves the right to remove entries in the forum without prior notice, in particular in the case of misleading, offensive or defamatory content and regardless of whether this content affects other users, other persons or companies. All entries within the community forum are visible to the public and not private. The provider checks the entries of the participants at regular intervals, but accepts no liability for the correctness of the statements made.
Fitbase may provide a telephone hotline to the participants of the online prevention courses. This hotline is operated by an external partner (Medical: Contact AG, Kronprinzenstrasse 5-7, Essen) or includes a hotline of the co-operating health insurance companies involved. Through the telephone number provided on the online platform, the participants are able to anonymously call medical specialists as well as to ask general questions about the online course.
§ 5 Conclusion and duration of the contract
The contract is concluded by the participant’s successful registration and the acceptance of the general terms and conditions, the data protection regulations and these standard business terms by the participant. “Stressmanagement online” consists of 10 course units which corresponds to a regular course duration of 10 weeks. Every participant is given further 4 weeks "buffer time" to compensate illness and holiday leave during the course time as well as to retain access to the contents for some time after the last course unit. After 14 weeks, the user account will be deactivated automatically. The available buffer times can be extended or shortened by fitbase for max. two additional weeks.
§ 6 Fees and Payment
Participation in the courses is subject to charges. The price for the online stressmanagement course is regularly 69.00 € including 19% VAT. Additional costs due to currency conversion may apply. Discounts may be granted via specific campaigns and corresponding coupon codes, as well as in the scope of cooperations with health insurance companies, which may allow their participants free usage periods. The first 14 days of use may be free of charge in certain constellations. If this is the case, it will be communicated actively and visibly within the registration process, and the participant is prompted, after 14 days, to make the payment of the booked service online using a secure payment form. Various payment options are available to the participant, e.g. Visa or Mastercard, manual bank transfer or Paypal. If a payment fails due to insufficient funds, the administration fee of € 5.00 will be charged for each failed debit charge. This fee is passed on to the participant by the payment provider. If the payment is not received by fitbase, the company is not obliged to provide any services to the participant.
§ 7 Reimbursement by health insurance companies
(Only applicable to German citizens with German public health insurance!)
Since the fitbase online prevention courses are certified preventative health offers, the costs for the courses according to §20 SGB V can be reimbursed in full or in part by statutory health insurance funds. In order to be reimbursed, the following prerequisites must be fulfilled:
1. Complete, successful participation in all course units. This condition is fulfilled if the participant has accessed and completed all the units and clicked the "done" button. Only in this case the participant will receive a participation certificate after completing the last course unit.
2. The participant must confirm that he is not suffering from pre-existing diseases which exclude participation as a preventive measure according to §20 SGB V.
The cost reimbursement according to §20 SGB V takes place between the participant and the respective health insurance provider, insofar as the costs have not already been taken over in advance by the health insurance company. Apart from granting a certificate of attendance on successful completion of the course, fitbase is not able to influence this process. The participant is advised to clarify the reimbursement directly and in advance with the health insurance company. Insured persons of the health insurance funds, who are given free access to the courses, will be guaranteed free participation in the online prevention courses only if the above mentioned prerequisites for successful implementation are met. If this condition is not met, fitbase reserves the right to charge 50% of the regular course fee. Voucher and discount campaigns are not affected by this regulation.
§ 8 Availability and functionality
Fitbase offers its services on the basis of current technical and legal conditions of the Internet and is striving to provide online access to the courses 24 hours a day and 7 days a week. However, no liability can be assumed for the permanent availability, since interruptions can result from maintenance work and updates. In order to achieve good usability and functionality, only the last three versions of the popular Internet browsers are supported for the use of the course contents. Participants with older browsers are advised to update their browser version, even in their own interest of achieving data security.
§ 9 Rules and conduct
The participant is obliged to provide all information on his person correctly and completely. Should the participant make mistakes, he is obliged to report this immediately to fitbase so that a correction can be made.
The participant is obliged to keep the personal access data to his user account confidential and to avoid misuse by third parties. In the case of the loss of the password or the abusive access by a third party, the participant is obligated to inform fitbase immediately so that his account can be blocked.
§ 10 Termination
This contract ends automatically at the latest after 14 weeks. Fitbase reserves the right to terminate the contract at any point in time for important reasons. An important reason is, in particular, if the participant provides incorrect information about his identity or other data when initiating the contract.
§ 11 Company, Content, Intellectual Property
The contents offered on the online platform such as texts, graphs, pictures, work sheets, videos, audio data, software, etc. are copyrighted. Your use is subject to the applicable copyright laws. The contents may only be used for private and non-commercial purposes. A commercial reproduction of copyrighted content or a commercial distribution to third parties is prohibited and is pursued with legal steps.
§ 12 Right of withdrawal
Upon conclusion of the contract, the participant has the legally granted right to revoke his consent within 14 days without giving reasons in writing (letter or e-mail). The revocation must contain the username and the full address of the participant as well as the name of the terminated online course. In order to comply with the revocation deadline, the timely sending of a revocation notification to the following address is required:
Fitbase Institut für Online Prävention GmbH
Ruckteschellweg 8a, 22089 Hamburg
Tel.: +49 40-28476231
info@fitbase.de
§ 13 Subject to alterations
Fitbase reserves the right to apply changes to the Standard business terms at any time without providing reasons. The changed conditions will be communicated to the participant with the changes made. The participant can object to the changes of the SBT within 3 weeks in writing. The changes shall be deemed approved by the participant if he does not object to them or terminate the contract within one month after being informed about the changes. Fitbase is entitled to terminate the contract in the event of a contradiction of the participant.
§ 14 Privacy protection
The collection, processing and use of personal data of the participant is regulated in a separate data protection declaration and forms part of the contract between the participant and fitbase.
§ 15 Liability
Fitbase is only liable for damages caused by intentional or gross negligence. Fitbase shall only be liable for slight negligence if a breach of the essential contractual obligation by the supplier for the purpose of achieving the contractual purpose has been violated; in this case the liability is limited to the contract-typical damage foreseeable at the time of conclusion of the contract. The foregoing limitations on liability do not apply in case of injury to life, body and health.
§ 16 Final provisions
The place of jurisdiction for all disputes arising from this contract is the place of business of Fitbase Institut für Online Prävention GmbH (Ruckteschellweg 8a, 22089 Hamburg). German law applies to the exclusion of the UN purchase right.
Should one of the above provisions be invalid or impracticable in whole or in part, the validity of the remaining provisions shall remain unaffected. The parties will agree on a system which comes closest to the economic purpose of the ineffective or unenforceable regulation, instead of the ineffective or unworkable regulation.
Last update: April 2017