Utilization
Terms of use
The following terms and conditions apply to participation in the online training program "FITMIT5" and its use via the website: https://www.fitmit5.de.
The provider, contractual partner and supervisor of the participant (hereinafter referred to as "participant") of the program is SHENTI SPORTS Group GmbH (hereinafter referred to as "provider"), Apfelgarten 36, 53343 Wachtberg, Germany, e-mail: info@shentisports.de
The content on fitmit5.de is for purely informative and health-supporting purposes. It is in no way a substitute for personal consultation, diagnosis and treatment by a licensed physician and is hereby recommended. No recommendations are made by fitmit5.de or SHENTI SPORTS Group GmbH regarding specific diagnostic or therapeutic procedures or specific medications. The contents of the website cannot and must in no case be the basis for self-diagnosis and self-medication.
The terms and conditions of "FITMIT5" can be downloaded here.
Please note: If you have received a code from your employer or at one of our events, such as health days, keynotes or similar, these terms and conditions do not apply. This account expires automatically and there are no costs. If you have used the code shenticares, the account is valid for 5 weeks free of charge and without obligation. If you don't want to continue after that, you don't have to do anything. If you want to continue using FITMIT5® afterwards, you can actively renew your account in your profile for the special price of €85.
1. subject matter of the contract
"FITMIT5" is an online fitness program for workplace health promotion. The participant's employer or the participant himself concludes a license agreement for the use of "FITMIT5" for a period of 1 year, which will be renewed if it is not terminated 6 weeks before expiry. The participant can cancel the contract within 14 days of concluding it. An e-mail to info@fitmit5.de is sufficient for this. The participant receives information, instructions and advice on the subject of exercise throughout the entire period. The information is provided via an online program in the form of videos. The online program also has a contact function and telephone advice. For exact details of the program and current prices, please visit the website www.fitmit5.de
2. participation requirements
Participation is at your own risk. Before starting the program, you are advised to consult a doctor and seek medical advice to determine your individual health suitability for participation in "FITMIT5". In particular, people with chronic illnesses are encouraged to seek the advice of a doctor before starting the program. Persons under the age of 15, pregnant women, nursing mothers, persons with eating disorders or cardiovascular diseases cannot take part in "FITMIT5" or require the approval of their doctor.
3. registration and conclusion of contract
In order to participate in "FITMIT5" as an employee, the employer must first register with a health manager appointed by the employer. This involves providing personal data such as first and last name, date of birth, e-mail address and postal address. The company's health manager then creates a profile for the individual participants. For this purpose, personal data such as first and last name, date of birth, e-mail address and postal address must be provided. It is essential to provide complete and correct data. The user name is always the e-mail address and cannot be changed. Only in this way is it possible to clearly assign the user (trainee) to their own company. The participation contract is concluded upon receipt of the employer's registration by the provider. After registering, the participant receives a confirmation to the e-mail address provided. With this confirmation, the participant of the online program also receives his access data for the online program.
As a private individual or sole trader, you can register using the form on the website. The provision of complete and correct data is mandatory. In the event of a change to this data, the participant undertakes to immediately send the current data by e-mail to info@fitmit5.de or to change it accordingly online in the profile.
The provision of the "FITMIT5" services for the online program begins with confirmation of the activation link sent to the participant after registration and confirmation of the conditions of participation by ticking a box.
4. participation fee
The participation fee depends on the size of the company. The scales are as follows: 2-20, 21-50, 51-100, 101-200, 201-500, 501-1,000, 1,001-5,000, 5,001-10,000, over 10,000 employees. The price per month for a single annual license is €14.83 (gross). Company prices on request.
5. payment
Payment is made by direct debit / Paypal (private individuals / individual users) or by bank transfer by the participant's employer. The entire annual license is always due. In the case of direct debit, advance notice of the direct debit will be sent with the invoice. The amount will be debited 28 days after invoicing. In the event that the account details are incorrect or the account cannot be debited due to insufficient funds, the participant must reimburse the provider for any losses incurred as a result of bank charges and processing and reminder costs.
6. revocation instruction/right of revocation
The participant has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise the right of withdrawal, the participant must inform the provider by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract.
The revocation is to be sent to, stating the participant number:
SHENTI SPORTS Group GmbH
Apfelgarten 36
53343 Wachtberg
info@fitmit5.de
To meet the withdrawal deadline, it is sufficient for the participant to send notification of the exercise of the right of withdrawal before the withdrawal period expires.
7 Consequences of revocation
If the Participant withdraws from this contract, the Provider shall reimburse the Participant for all payments received from the Participant immediately and at the latest within fourteen days from the day on which the Provider receives notification of the withdrawal from this contract. For this repayment, the provider shall use the same means of payment that the participant used for the original transaction, unless expressly agreed otherwise with the participant; in no case shall the participant be charged any fees for this repayment.
If the participant has requested that the service should commence during the withdrawal period, the participant shall pay the provider a reasonable amount corresponding to the proportion of the services already provided up to the time at which the participant informs the provider of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
8 Term and termination
Participation in "FITMIT5" is always concluded for 1 year (company). During this contract period, ordinary termination is excluded. Irrespective of this, the participant is not obliged to complete the program. However, in the event that participation is terminated (e.g. the employee leaves the company), the participation fee will not be refunded, not even proportionately. The right to extraordinary termination in accordance with statutory provisions remains unaffected. In the case of individual licenses, the license shall be extended by a further year if the user does not cancel 6 weeks before the end of the license term.
9 Obligations of the participant
When participating in the online program, it is the participant's responsibility to acquire and maintain any necessary technical infrastructure (hardware, software, telecommunications, etc.) at their own expense. The participant undertakes to consult a doctor and seek medical advice as soon as signs of possible negative effects of the "FITMIT5" program become apparent.
The participant undertakes not to disclose his/her access data for the online program or the community to third parties and to keep it protected from access by third parties. He further undertakes to inform the provider immediately as soon as he becomes aware that his access data is being used by third parties without authorization. The provider is entitled to block access to "FITMIT5" if there is reasonable suspicion that the access data is being used by unauthorized third parties. The participant will be informed of this and assigned a new password, unless he/she has contributed to the misuse. The access data can be changed by the participant himself at any time in his profile. For security reasons, passwords should be changed regularly. The participant undertakes to use "FITMIT5" only within the scope of the intended purpose and not in contradiction to these conditions of participation and to observe the laws and the rights of third parties. The participant undertakes not to transfer any data (e.g. photos) to the "FITMIT5" program pages that contain viruses or other programs that could endanger or disrupt the functionality of software or hardware. Should the user violate this obligation, he shall be liable to the provider for any resulting damage and shall indemnify the provider against any claims for damages by third parties.
In the event of reasonable suspicion of a breach of these terms and conditions by the subscriber, the provider is entitled to block the relevant access of the subscriber, if necessary without prior notice, at least until the suspicion has been cleared up by the person concerned.
10. community and forums
The provider permits participants to publish contributions on its program pages within the scope of these terms of use. The provider accepts no liability for the accuracy, completeness, reliability, topicality and usefulness of the content provided. Access to the community and the forum is only granted to participants registered in accordance with these terms and conditions. Registration/use of the community is not required in order to use "FITMIT5".
The participant undertakes not to publish any contributions that violate applicable law or morality. In particular, the participant undertakes not to publish any contributions,
- the publication of which constitutes a criminal offense or an administrative offense,
- that violate copyright law, trademark law or competition law,
- which have offensive, racist, discriminatory or pornographic content
- which contain advertising.
In the event of a breach of these obligations, the provider is entitled to modify or delete the corresponding posts and to block the participant's access. The participant is obliged to compensate the provider for the damage caused by the breach of duty. The provider has a claim against the participant for indemnification against third-party claims due to the violation of a right by the participant. The participant undertakes to support the provider in the defense of such claims and to bear the costs of an appropriate legal defense of the provider.
11. copyrights and rights of use
The participant agrees that the provider may keep and use the content provided by the participant in the community, forum and recipe area, such as recipes, photos or texts, even after the end of participation for the legal duration of the respective property rights. This includes the right to (electronic) reproduction, distribution, making available to the public, making available as a download and combining with other content, including outside of "FITMIT5" in print, non-print, mobile and online media. No rights of use are transferred to content that expresses a personal opinion or evaluation. The copyright for the contributions posted by the participant remains with the participant.
The Participant confirms and warrants to the Provider that it holds all of the above-mentioned rights and can grant these to the Provider without infringing the rights of third parties. If the participant is not the owner of the above-mentioned rights, he guarantees the provider that he has effectively obtained all necessary rights and consents. This applies in particular to the uploading of photographs and other image materials that do not originate from the participant him/herself. The participant shall indemnify the provider against any liability resulting from the infringement of third-party rights by the content provided.
12. technical and medical information
The information published on "FITMIT5" has been compiled and selected with the utmost care in order to support the participant in losing weight. However, the provider accepts no liability - either expressly or implicitly - for the accuracy, completeness, reliability, up-to-dateness or effectiveness of the information. This also applies to the companies commissioned by the provider to support participants. The information provided by "FITMIT5" and the associated advice are based on the current state of scientific knowledge. However, it does not constitute a diagnosis or medical advice. The advice is also no substitute for a medical examination or treatment.
Participants are advised to seek medical advice before taking part. "FITMIT5" is aimed exclusively at healthy adults. Persons under the age of 15, pregnant women, nursing mothers, persons with eating disorders and underweight persons are excluded from participation. People with health problems can only participate if there are no medical concerns.
13. data protection
The provider guarantees the protection of the participant's personal data in accordance with German and European data protection law. In accordance with the principle of data minimization, only those data are collected and processed that are absolutely necessary in order to provide the service intended with this app. Likewise, data that is no longer required for the purposes stated here is deleted immediately. Only the date and type of your activity and the duration of your training are stored in order to display your SHENTIPOINTS and statistics. The participant's personal data is collected, processed and stored exclusively for the purpose of carrying out "FITMIT5" and in compliance with the provider's privacy policy. The privacy policy is an integral part of these conditions of participation. By agreeing to these conditions of participation, the participant also declares his/her consent to the collection, processing and storage of his/her personal data.
14. technical functionality and accessibility of the website
The provider shall endeavor to rectify any errors that occur in the functions of the program pages. However, the provider accepts no liability for the uninterrupted availability of the website and is not liable for any unavailability of the website for which it is not responsible or for any loss of data for which it is not responsible.
15. liability
The provider is liable for intent and gross negligence, including that of its vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.
In the event of property damage and financial loss caused by negligence, the provider shall only be liable in the event of a breach of a material contractual obligation (i.e. an obligation whose fulfillment characterizes the contract and on which the participant relies). The amount of liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The same applies to breaches of duty by the provider's vicarious agents.
16. links
The provider's website www.fitmit5.de contains links to external third-party websites over whose content the provider has no influence. Therefore, the provider cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. The provider will remove such links immediately upon becoming aware of any legal infringements. If linked pages are not accessible, illegal pages can be accessed via the links provided or the content on the pages has changed, the provider requests notification at info@fitmit5.de
17. rights to "FITMIT5"
The "FITMIT5" web and program pages as well as the "FITMIT5" program and all content, information and data (e.g. texts, images, videos, etc.) provided by the provider as well as the content, information and data of the printed materials provided are protected by copyright. Reproduction or use of this content in electronic or printed form or in the context of public reproduction is not permitted without the express consent of the provider.
18. service changes
The provider is free to design, modify and adapt the content of "FITMIT5" as long as the character of the offer remains unchanged.
19. final provisions
If the participant does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider, currently Bonn. Should one of the provisions of these Terms and Conditions of Participation and Business be or become invalid, this shall not affect the validity of the remaining provisions of the Terms and Conditions of Participation and Business. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as legally possible to what was intended by the contracting parties in accordance with the original meaning and purpose of the invalid provision. In the event of loopholes, the provision that corresponds to what would have been agreed after a reasonable assessment of the factual and legal situation and the meaning and purpose of these Terms and Conditions of Participation and Business if the matter had been considered from the outset shall be deemed to have been agreed.