Client Terms and Conditions
Last change 08/10/2022
(hereinafter the "GTC")
SCOPE
1.1 The mellow GmbH based in Munich, entered in the commercial register B of the district court of Munich (HRB 277606) (hereinafter "mellow"), offers under the domains www.my-mellow.com, app.my-mellow.com and www.my-mellow.de an online platform for coaching services (hereinafter the "platform").
1.2 These GTC apply to all persons registered as clients on the platform (hereinafter the “client” or collectively the “clients”). They regulate the rights and obligations of clients when visiting the platform and using the functions and services offered on it.
1.3 These GTC apply exclusively to the use of the platform as a client. Deviating, conflicting or supplementary conditions do not become part of the business relationship between the client and mellow, even if they have not been expressly contradicted. Deviating, conflicting or supplementary conditions are only effective if mellow has agreed to them in writing.
1.4 The provisions of these GTC can be changed by mellow at any time without giving reasons, whereby such changes will be announced on the platform. If the client continues to use the platform after acknowledging the changed terms and conditions, the changes are deemed to have been accepted.
1.5 The information on the protection of the client's personal data can be found in the data protection declaration at www.my-mellow.com/datenschutz.
SUBJECT OF THE CONTRACT AND SPECIFICATION OF SERVICES
2.1 Clients and persons registered as coaches (the latter hereinafter the "Coach" or collectively the "Coaches") can arrange online video coaching (hereinafter "Online Coaching") via the Platform.
2.2 Anyone who wants to offer online coaching via the platform can register as a coach. The conditions to be met and evidence for coaches can be viewed on the platform.
2.3 If a client and a coach agree on online coaching, the contract for online coaching is concluded directly between the client and the coach (hereinafter the “coaching contract”).
2.4 mellow operates the platform and brokers coaching contracts for coaches to clients of the platform. However, mellow itself does not become a party to the coaching contracts concluded between clients and coaches.
2.5 mellow can also make other offers available via the platform, but is not obliged to make such offers available.
REGISTRATION
3.1 The use of the platform requires a corresponding registration. In the course of registering for the platform, the client agrees to the validity of these GTC. The use of the platform as a client or as a coach is reserved for registered persons. Registration is free of charge.
3.2 As part of the registration, the client must provide all information completely and truthfully and update it immediately if there is a change.
3.3 There is no entitlement to registration on the platform. mellow reserves the right to refuse the registration of a person as a client without giving reasons or to exclude already registered clients from using the platform without giving reasons.
3.4 Clients and coaches must be at least 18 years old to register on the platform.
3.5 mellow will provide the client with access to the platform by sending access data to the email address provided by the client and create a personal user account. If this e-mail address changes, the client must inform mellow immediately, stating the new e-mail address.
COACHING CONTRACT FOR ONLINE COACHING, PURCHASE OF CREDIT
4.1 Coaching contracts are concluded between a client and a coach, taking into account the relevant provisions of these GTC.
4.2 Clients may enter into a coaching contract with a Coach by purchasing online coaching credits through the Platform. The processing of the credit payment to the coach is administered by mellow.
4.3 At the request of the client, provision can be made for the coaching contract to be automatically extended after an agreed period of time if the client does not object to this in good time before the end of the term. For the duration of the contract period, the client is credited with the contractually specified number of units monthly (on the loading date) and the corresponding amount is automatically debited from the credit account (wallet).
4.4 If the client clicks the "Book now for a fee" button on the platform, he accepts a binding offer to the (previously selected) coach to conclude a coaching contract and thus an offer to conclude a fee-based contract. The client can choose whether to use their existing credit or purchase new credit. If he would like to purchase credit or if the available credit is not sufficient for the upcoming booking, the client also accepts a binding offer to purchase the required credit. mellow sends a confirmation message to the client and the coach.
4.5 Before the conclusion of the coaching contract, the client is given the opportunity to check all the information again and to change it if necessary.
4.6 mellow maintains merchant accounts with external providers of payment services (e.g. Stripe, PayPal, Visa, MasterCard, Paysafecard, Adyen). The client transfers the payments to mellow's merchant account with the relevant payment service provider or to mellow's bank account. The client thereby acquires credit for booking online coaching via the platform. The client can view the credit on the platform in his/her credit account (wallet). A payout of credit is generally not possible for clients.
ONLINE COACHING, AUTOMATIC RENEWAL
5.1 Coaching contracts can (in particular) be concluded in the form of different hourly packages. The prices for the different packages can vary depending on the coach, coaching topic, type of coaching and number of units.
5.2 The current prices are announced on the platform, in particular on the coaches' profiles. In principle, coaches can set the prices for their services independently and change them at any time.
5.3 In addition to individual video lessons, coaches can also offer free and paid live group courses via the platform.
RIGHTS AND OBLIGATIONS OF CLIENTS
6.1 The client agrees that, when using online coaching via the platform, mellow may deduct the amount agreed upon conclusion of the coaching contract per unit from the client's credit balance and credit the coach with the credit balance to which he is entitled for this unit. If credit expires because it is not used by the client within the allotted time, it will also be deducted from the client's account. Credit expires automatically three years after the deposit.
6.2 Coaches and clients can postpone or rebook any booked coaching unit free of charge up to 48 hours before the unit takes place.
6.3 In the event of a postponement, a new appointment will be selected by the postponed party. The coaching session will now take place on the new date.
6.4 In the event of a rebooking, the coach-client connection is terminated and the costs for the rebooked coaching unit are fully credited back to the client's credit account (wallet). A payment (e.g. to his bank account) is not possible. The client can use the credit on his credit account (wallet) to book again with another coach.
6.5 In the event of a rebooking or postponement that does not take place in accordance with the above regulations, and if the client does not appear, mellow reserves the right to deduct the amount due to the coach according to the coaching contract from the client's credit and the coach the credit to which he is entitled for this unit to credit.
6.6 The client undertakes to keep the access data sent to him by mellow secret. The client is responsible for all activities originating from his user account.
6.7 The client undertakes to notify mellow immediately as soon as there is a suspicion of unauthorized use of his user account. If there is suspicion of unauthorized use of a user account or if a client violates applicable legal provisions or these General Terms and Conditions, mellow is entitled to block the user account.
INFORMATION ABOUT THE COACHES
7.1 When registering, the coaches specify the topics (e.g. coaching topics) and at what prices they would like to offer online coaching. Coaches also indicate availability, i.e. the times at which they are available for online coaching. The specified topics, prices and availability represent a binding offer from the coach. Clients can view the offered topics, prices and availability on the platform and conclude a coaching contract.
7.2 A client has no right to be referred to a specific coach. The availability and prices of coaches are based exclusively on the times and prices they themselves have indicated on the platform.
7.3 There is no employment or (free) employment relationship between the coaches and mellow. The coaches are not bound by instructions from mellow and act independently and independently when holding online coaching. You are also not entitled to represent mellow in legal transactions.
PLATFORM USE
8.1 mellow generally makes the platform available for use 24 hours a day, 7 days a week. According to the current state of the art, however, there is no method that can guarantee that software is free of errors. mellow therefore does not guarantee that the software on which the platform is based is completely error-free and that there will be no platform failures. In addition, the platform may be temporarily unavailable due to maintenance work being carried out. mellow will announce scheduled maintenance work on the platform in good time. However, mellow is not obliged to update the platform.
8.2 The platform and the underlying software are protected by copyright and may not be used or modified beyond the granted right of use without the prior written consent of mellow. Likewise, the design of the platform and in particular the content posted on the platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are protected by copyright or are subject to other laws for the protection of intellectual property and are, unless otherwise indicated, mellow too.
8.3 mellow can make the platform interactive. This gives the client and coach the opportunity to evaluate each other and to write their own contributions. mellow does not check whether the reviews may be unfounded or misleading. The clients undertake to only provide truthful information in the assessments and to observe the statutory provisions and these General Terms and Conditions. Clients are only permitted to reproduce personal data with the express consent of the person concerned.
8.4 mellow reserves the right to delete reviews or other content in whole or in part, especially if it contains illegal content.
8.5 The client expressly acknowledges and agrees that in particular, but not exclusively, the dissemination of the following content via the platform is prohibited:
a. racist, pornographic, obscene, insulting, vulgar, violence glorifying or trivializing and immoral content;
b. abusive, hurtful statements or threats against other Clients, Coaches or third parties;
c. Content that impairs or endangers children or young people in their development or upbringing or violates human dignity or other protected legal interests;
i.e. Content that can cause others to commit criminal or other immoral acts;
e. copied content to which the client has no rights or which was provided by other registered persons;
f. Content that poses a security risk, such as viruses;
G. Sending unsolicited advertising e-mails, junk e-mails, other unsolicited communications, so-called mail bombs, etc. to other clients, coaches or third parties or setting links to third-party sites for sales purposes.
8.6 The client grants mellow the free, non-exclusive, temporally unlimited and geographically unrestricted right to use and edit reviews, photos, graphics, texts, audio messages and videos posted on the platform for provision on the platform and for advertising the platform reproduce and distribute.
8.7 The use of tools for data analysis of the content of the platform is not permitted.
8.8 mellow is entitled at any time to restrict or completely discontinue the services offered via the platform without giving reasons. Significant changes or restrictions to the services offered will be announced on the platform in good time.
8.9 A restriction or discontinuation of the services offered by mellow does not change these GTC. A change to the GTC by mellow can only be made in accordance with the procedure provided for in point 1.4.
WARRANTY AND WITHDRAWAL FROM THE COACHING CONTRACT
9.1 In the relationship between the client and mellow, the statutory warranty provisions apply.
9.2 If a coach has not performed or poorly performed a coaching contract or parts thereof (e.g. individual units) (e.g. non-appearance or tardiness of the coach, lack of professional competence, inappropriate handling of the client), the client can file a justified complaint within the platform or to_cc781905- 5cde-3194-bb3b-136bad5cf58d_support@my-mellow.com direct. In these cases, mellow can check the quality of the online coaching and first try to mediate between the client and the coach. The client and the coach already agree that mellow decides on the existence and amount of any claim for credit reimbursement. If mellow considers the client's complaint to be justified, the coach's claim to the credit lapses. Any credit already posted to the coach's credit account (wallet) for the unit will be deducted again in this case.
9.3 In the event of serious violations by a coach or non-fulfillment of the coaching contract, an attempt will be made to find a replacement coach for the client at the client's request. If a replacement coach is found, the coaching contract will be transferred to the replacement coach and the unused credit is available for online coaching with the replacement coach at the originally agreed conditions (open units / agreed period). If no replacement coach can be found within a reasonable time frame, he has the right to extraordinary termination of the coaching contract.
LIABILITY
10.1 mellow is only liable, for whatever legal reason, if damage was caused by mellow through gross negligence or intent. The liability of mellow for slight negligence is excluded - with the exception of personal injury.
10.2 mellow assumes no liability for the fulfillment of contractual or other obligations of the coaches towards the clients. In particular, mellow is not liable for the availability of the coach or for any damage to the client that arises in connection with the implementation of a coaching contract. With regard to the reimbursement of the credit used for a unit of online coaching, a client must proceed in accordance with point 9.2. All further claims are to be asserted directly against the respective coach.
10.3 mellow is not liable for the content provided by clients or coaches on the platform or the content of websites to which mellow has created a link. The provider of the site to which mellow referred is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of information presented in this way. The client is therefore solely responsible for critically examining content from other clients and coaches and evaluating it on his own responsibility.
CLIENT INDEMNIFICATION
11.1 The client undertakes to fully indemnify and hold mellow harmless if mellow is sued by coaches for claims arising from coaching contracts or by other clients, coaches or third parties due to civil or criminal law, judicial or extrajudicial claims due to the content posted by the client on the platform is taken. The exemption also includes penalties, damages and all costs of legal defense.
RIGHT OF WITHDRAWAL FOR CLIENTS (COACHING CONTRACT)
12.1 In the event that a client concludes a coaching contract via the platform with a coach who is an entrepreneur within the meaning of the Consumer Protection Act, he has the following right of withdrawal vis-à-vis the coach.
12.2 The client has the right to withdraw from the contract within the withdrawal period without giving reasons.
12.3 The cancellation period is 14 days from the day the contract was concluded.
12.4 In order to exercise the right of withdrawal, the client must announce the withdrawal from the contract by means of a clear statement. The client can use the model cancellation form, fill it out and submit it or send another clear statement by email to support@my-mellow.com or by post to mellow GmbH, Waakirchner Straße 52, 81379 Munich (the cancellation is processed especially quickly when the client uses the form or sends an email). If the client makes use of this option, mellow will promptly send the client confirmation of receipt of such a revocation.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
To mellow GmbH, Waakirchner Straße 52, 81379 Munich, Germany, email: support@my-mellow.com:
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(s)
Signature of consumer(s) (only if notification is on paper)
date
(*) Delete where not applicable
12.5 In order to comply with the cancellation period, it is sufficient if the client sends the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
12.6 Consequences of the revocation: If the client revokes the coaching contract, all payments made for the purchase of credit for online coaching must be repaid immediately and at the latest within fourteen days from the day on which the notification of the revocation of the contract received.
12.7 Exception to the right of withdrawal: The right of withdrawal no longer applies as soon as the first online coaching unit takes place within the 14-day period. It does not apply regardless of whether the client actually used the unit or did not show up.
12.8 After the cancellation period of 14 days from the day the contract was concluded, the client can no longer terminate the coaching contract and can no longer claim back the amount paid for the purchase of credit. The right to extraordinary termination of the coaching contract remains unaffected. In the event of such an extraordinary termination, the client will receive a credit to his credit account (wallet).
CONTRACT DURATION / TERMINATION
13.1 The contractual relationship between mellow and the respective client regarding the use of the platform begins with the successful registration of the client on the platform. Both the client and mellow are entitled to terminate this contractual relationship (regarding the use of the platform) at any time with immediate effect, whereby the registration as a client is to be deleted in this case. This does not apply to the current coaching contract concluded with the coach, the processing of which is still to be made possible by mellow. The coaching contract can only be terminated extraordinarily with official proof of the following reasons:
• in the case of a serious, ongoing illness of the client, which makes participation in the units unreasonable.
• if you have been unemployed for at least 3 months and have lost your salary as a result (provided you were employed at the time the contract was signed).
• when moving abroad with such a large time difference that participation in the units is not reasonable.
GOVERNING LAW, JURISDICTION
14.1 These GTC and all other agreements with mellow are exclusively subject to German law, excluding the UN sales law and the reference standards of international private law. This choice of law only applies insofar as a client is not deprived of the protection granted by the mandatory provisions of the law of the state in which he has his habitual residence.
14.2 The relevant court in Munich is responsible for all lawsuits brought against mellow by a client due to disputes arising from the contractual relationship. This does not affect the customer's right to sue at any other legal place of jurisdiction. One of the courts in whose district the client has his residence, habitual abode or place of employment is responsible for all lawsuits brought against a client who has his domicile, habitual abode or place of employment in Germany due to disputes arising from the contractual relationship. The statutory places of jurisdiction apply to clients who are not resident in Germany at the time the contract is concluded.
14.3 The place of performance of the mediated services is Germany. Place of performance of the mediation is the location of the mellow branch (Munich, Germany).
FINAL PROVISIONS
15.1 In the event of any inconsistency between these GTC and any deviating written agreement between a client and mellow, the provisions of the deviating agreement shall take precedence over these GTC.
15.2 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the remaining content of the General Terms and Conditions. The ineffective provision is to be replaced by an effective provision that is legally valid and comes as close as possible to the will of the client and that of mellow in economic terms.
15.3 A “third party” within the meaning of these terms and conditions is any natural or legal person who is different from the person registered as a client and from mellow, even if there are legal and/or economic relationships with such a person.
15.4 In the absence of any deviating regulation in these GTC, neither a coach nor mellow may pass on or assign the provisions and rights from these GTC to third parties without the written consent of the other party.