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2PEAK AG Terms & Conditions



1. General Terms, Definitions

1.1 2PEAK AG (following '2PEAK') conducts a business providing training and nutrition services for endurance sports athletes and enthusiasts. Under the name 2PEAK the business is on the Internet at this address http://www.2peak.com
1.2 The terms used below are defined and understood as follows:
User: A registered subscriber of training and/or nutrition services at 2PEAK.
Coach: A coach who looks after the user and is mediated by 2PEAK.
1.3 2PEAK offers training services to its users, which if not otherwise stated, are charged based on the current price list in the shop.

2. Services and Compensation

2.1 2PEAK produces training and nutrition plans for its users and provides storage space for logging data from accomplished training (following "the site").
2.2 The current prices are shown here:Product Overview. All prices include the V.A.T. or sales taxes if applicable. If 2PEAK provides services not contained in the price list, they will be priced according separate agreement.
2.3 2PEAK makes its services available as soon as payment has been authorized.
2.4 2PEAK reserves the right to increase prices.
2.5 All data entered by the user for processing by 2PEAK will be owned by 2PEAK, which will explicitly retain the full rights to them.
2.6 Permanent storage of user data is granted only as long as the user has a valid subscription for a 2PEAK service.
2.7 Shipping cost: for orders with a value exceeding Euro 150 and up 2PEAK will pay the shipping costs. For orders with a lower value the shipping cost will be up to Euro 15.- .
2.7 Returns: Sales of services (training- nutrition plans etc. are final. Products can be returned within 8 days of receipt. Return shipping costs are to be paid by the sender.

3. User rights

3.1 The user can utilize the 2PEAK service for his personal use only, unless he has acquired a coaching license. Forwarding 2PEAK services or sharing them with a third party, for profit, is in no case permitted.
3.2 Violation of the user agreement will be instantly penalized by expulsion.
3.3 The user is obliged to store his user name and password in a safe place and away from unauthorized usage. The user will inform 2PEAK instantly if he suspects that unauthorized persons have gained access to such information. 2PEAK can not be held liable for damages arising from unauthorized usage. This is also valid if an unauthorized person gains knowledge of a user name and/or password.
3.4 2PEAK will only make user data available for export to external formats if the legitimate user requests it. A fee will be charged, which covers 2PEAK's costs for searching, preparing and exporting the data.

4.Guarantee

4.1 2PEAK guarantees the service free of faults that would reduce its value or suitability for ordinary usage. Negligible reeduction in value or suitability will not be considered. The user acknowledges that it is impossible to provide a totally flawless system when at the cutting edge of technology.
4.2 In case of bugs or faults the user is bound to notify 2PEAK instantly. Such notification must include an accurate description of the error.
The user will make available to 2PEAK all information and documents necessary to analyze and resolve the problem and will cooperate with 2PEAK as far as possible to resolve the issue.
4.3 If investigation reveals that there was neither a fault nor a bug caused by 2PEAK, then 2PEAK can request a refund based on the hourly costs at market price.
4.4. 2PEAK does not guarantee the accuracy of the training content.

5. Privacy Policy

2PEAK is committed to protecting your privacy. The data that 2PEAK stores will be kept confidential and used only for the contractually agreed purpose. It will not be handed over to third parties*.

*Authorized 2PEAK partners have limited access to user data. These can include, name, email address, and summarized training data. A partner which does offer the 2PEAK training- or nutrition plan or log is recognizable by his name and logo on the top left of every page 2PEAK serves or made obvious in another way. There is never a hidden partner getting access to user's data.

6.Availability of 2PEAK.com

6.1 2PEAK reserves the right to restrict or at times reduce the availability of its server and services. Such restrictions can be due to uncontrollable events, such as strikes, or technical or other issues which may impede optimum or complete performance of 2PEAK's services.
6.2 2PEAK will not take accept liability for damages or claims arising from reduced availability of services.

7.Limited liability

7.1 2PEAK will only accept liability - for whatever reason - if damages arise from a material breach of contract related to its contractual obligations or result from willfull misconduct or gross negligence.
In all other cases liability is excluded.
7.2 If 2PEAK be held liable for breach of an essential contracted duty without intent or negligence, then the liability shall be limited to the value of the contracted agreement. 2PEAK's liability for loss or /and restoration of data is limited to the conditions as outlined above and only in cases where the loss could not be limited or prevented by the user. The user is to obey the law, in particular those relating to privacy and data protection. In the case of claims from a third party related to unlawful behavior in whatever form, the user is to release 2PEAK from all possible claims and cover any costs that might arise in this regard.
7.3. THE USER EXPRESSLY AGREES THAT 2PEAK IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. The user declares that he is using 2PEAK.com at his own full responsibility. In particular he is aware that the information and data available on 2PEAK is not a substitute for consulting a medical doctor. 2PEAK stresses that all workouts and training plans could be potentially harmful and cause injuries or death. Therefore 2PEAK emphasizes consulting a medical doctor before using its training and/or nutritional plans. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND 2PEAK.
7.4 The user will not hold 2PEAK and/or its employees, directors and officers, liable for claims against coaches offering services through the 2PEAK platform.

8. Damages

Liability for damages will be limited to one year from the time the claimant has become aware of the circumstances leading to the claim. In any case, liability for damages will be limited to 2 years after the event claimed for.

9. Changes to these Terms & Conditions

9.1 2PEAK reserves the right to amend these Terms and Conditions any time. The Site is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
9.2 The validity of these T&C's will not be affected if 2PEAK adds divisions or and in particular adds and/or renames segments under 2PEAK.com.

10 Governing Law, place of jurisdiction, miscellaneous.

10.1 These Terms and Conditions shall be governed and construed in accordance with Swiss law and the parties submit to the exclusive jurisdiction of the Swiss court in Basel. 2PEAK may, at its own discretion, choose to go to court at the resident court of the plaintiff.
10.2 The German version of these Terms and Condition is the valid and applicable version. Translations in other languages are done to the best of our knowledge but in case of contradiction, the german version remains applicable. 10.3 In case individual or multiple articles in these terms and Conditions become ineffective, impracticable or late, this shall not affect the validity of the terms and conditions as a whole. In such a case, the related law of the land shall replace any ineffective or impracticable clause. The same applies if these Terms and Conditions should contain omissions of statutory regulations. In such a case the relevant law shall be used.

These terms and Conditions are subject to Swiss law. Court of jurisdiction for all claims is Basel.
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