Terms of Use for the Energetic Upgrade Online Program

1 Scope of application, definitions

1.1 These Terms of Use apply to the use of the online portal provided by Marc Kettenbach, Nebeniusstrasse 34, 76137 Karlsruhe, Germany, at the Internet address www.marckettenbach.com and www.energeticupgrade.com, including the technical functions contained therein, by a consumer or entrepreneur (hereinafter referred to as ‘User’). The Terms of Use are supplemented by the General Terms and Conditions of Marc Kettenbach.

1.2 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

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2 Authorisation of use

2.1 Authorised users are natural persons, legal entities and partnerships with unlimited legal capacity. By submitting a declaration of consent to these Terms of Use, the user confirms that it fulfils this requirement when concluding the user contract.

2.2 The registration of a legal entity or a partnership may only be carried out by an authorised natural person who must be named.

2.3 Each user may only register once. Authorisation to use the Energetic Upgrade online programme applies only to the user personally and is not transferable.

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3 Registration, conclusion of contract, contact person

3.1 Upon successful registration, a contract of use is concluded between Marc Kettenbach and the user for the initial one-year use of the Energetic Upgrade Online Programme subject to these Terms of Use.

3.2 The user can use the online form provided for this purpose to register. Sending the registration data constitutes the user's offer to conclude the user contract, which Marc Kettenbach can accept, but does not have to accept. The user can correct their entries at any time before submitting their contractual declaration. Marc Kettenbach may accept the user's offer within five days of receipt of the application by sending an order confirmation by e-mail or by activating the Energetic Upgrade online programme. If Marc Kettenbach does not accept the user's contractual offer within the aforementioned period, this shall be deemed a rejection of the offer. Only the German language is available for the conclusion of the contract.

3.3 The text of the contract will be stored by Marc Kettenbach.

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3.4 The e-mail address serves to identify and personalise the user. The user must ensure that the e-mail address provided by him/her is correct so that e-mails sent by Marc Kettenbach can be received at this address. In particular, when using spam filters, the user must ensure that all e-mails sent by Marc Kettenbach or by third parties commissioned by Marc Kettenbach to process them can be delivered.

3.5 The data requested during registration must be provided completely and correctly by the user. The user is obliged to keep this data (including e-mail addresses) up to date at all times. Marc Kettenbach does not check the accuracy and completeness of the data provided.

3.6 As the service provider, Marc Kettenbach is the contact person for all questions regarding the execution of the contract.

As part of the Energetic Upgrade Online Programme, the user will receive ‘impulses’ in the form of an email to the email address provided by him when registering, as well as access to the online platform www.marckettenbach.com and www.energeticupgrade.com and the content posted on it. E-mails are sent at the discretion of Marc Kettenbach.

The content on the online platform (e.g. courses, webinars, videos, etc.) will be entered thematically during the course of use and will be available to the user from the time of publication. This means that they are not available in full from the start of the subscription year, but are added to gradually.

Marc Kettenbach endeavours to make the content available on as many end devices and browsers as possible. The ultimate responsibility for receipt lies with the user. This includes, among other things, that the user ensures that the e-mails do not end up in the spam filter, that sufficient storage space is available in the e-mail inbox, that a stable Internet connection is guaranteed and that an up-to-date browser is installed. Marc Kettenbach is not liable for circumstances over which Marc Kettenbach has no influence; these include, for example, the functionality of the telephone or Internet line or the user's computer. The Marc Kettenbach coaching team will be happy to provide download links to free, up-to-date browsers as a recommendation upon request. If the Energetic Upgrade online programme refers to products from third parties, e.g. books etc., these are non-binding recommendations. The purchase of the respective product is not included in the annual subscription.

4.2 In order to use the Energetic Upgrade Online Programme, Marc Kettenbach enables the user to access the website mentioned in section 1.1 and provides the user with the technical functions required for use. Marc Kettenbach is not responsible for establishing and maintaining the data connection between the user's IT system and Marc Kettenbach's server.

4.3 The Energetic Upgrade Online Programme is offered subject to availability. An availability of 100 per cent cannot be technically realised and can therefore not be guaranteed by Marc Kettenbach. However, Marc Kettenbach endeavours to keep the service available as constantly as possible. In particular, maintenance, security and capacity issues as well as events beyond Marc Kettenbach's control (disruptions of public communication networks, power failures, etc.) may lead to disruptions or temporary shutdown of the service. As far as possible, Marc Kettenbach will carry out maintenance work during periods of low utilisation.

5 Changes to services

5.1 Marc Kettenbach reserves the right to change the services offered or to offer deviating services, unless this is unreasonable for the user.

5.2 Marc Kettenbach also reserves the right to change the services offered or to offer different services,

insofar as Marc Kettenbach is obliged to do so due to a change in the legal situation;

insofar as Marc Kettenbach thereby complies with a court judgement or an official decision directed against it;

insofar as the respective change is necessary to close existing security gaps;

if the change is merely advantageous for the user; or

if the change is of a purely technical or procedural nature without significant effects for the user.

5.3 Changes with only an insignificant influence on the functions of the Energetic Upgrade Online programme do not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes to the arrangement of functions.

6 Rights of Marc Kettenbach

6.1 If the user violates legal provisions or these Terms of Use or if Marc Kettenbach has concrete evidence of this, Marc Kettenbach is entitled to temporarily or permanently block the user's access without prior notice or further examination.

6.2 If a user is blocked, he/she may no longer use the Energetic Upgrade Online Programme and may not register again.

6.3 Marc Kettenbach expressly reserves the right to take legal action if the user violates legal provisions or these terms of use.

7 Granting of rights of use by Marc Kettenbach

7.1 Marc Kettenbach grants the user a simple, revocable right, limited to the duration of the user contract, to use the online portal provided by Marc Kettenbach and the technical functions contained therein within the scope of these Terms of Use.

7.2 Without the written consent of Marc Kettenbach, the user is not permitted to make the content made available to him/her accessible to third parties. The user is responsible for ensuring that third parties are not given any opportunities to circumvent access to the Energetic Upgrade Online Programme.

7.3 If the user seriously violates the agreed rights of use, Marc Kettenbach may extraordinarily terminate the granting of rights of use and block access to the Energetic Upgrade Online programme. This requires an unsuccessful warning with a reasonable deadline set by Marc Kettenbach.

7.4 The other statutory and contractual provisions remain unaffected.

8 Remuneration and terms of payment

8.1 Upon commencement of use, an annual fee shall be payable for the annual subscription in the amount of the price displayed upon registration, including the applicable statutory VAT.

8.2 The fee is due upon registration or at the start of the respective renewal period, i.e. at the start of the new subscription year.

8.3 Payment shall be made by a means of payment available at the time of registration.

8.4 If the user is in arrears with the payment of the fee, Marc Kettenbach is entitled to block access to the online portal and not to provide any further services until the payment has been made by the user and the amount owed has been received by Marc Kettenbach. The period during which access is blocked due to default has no effect on the length of the contract term or the amount owed.

9 Disclaimer

9.1 The services offered by Marc Kettenbach do not constitute a medical or therapeutic measure. No diagnoses are made, nor are ‘cures’ or ‘relief’ promised. The hypnosis sessions in particular do not constitute a therapeutic or psychotherapeutic measure, but are to be understood as life counselling, personality development measures and relaxation training.

9.2 In this respect, liability on the part of Marc Kettenbach is excluded.

9.3 An exclusion of liability also applies with regard to liability for Marc Kettenbach's vicarious agents.

10. extension of the period of use

10.1 The contract for the use of the Energetic Upgrade Online Programme is concluded for a period of one year and cannot be terminated during this period. At the end of the first subscription year, the user has the option of extending the period of use by a further subscription year. The prices displayed at that time, including the applicable VAT, apply to the extension.

10.2 The right to extraordinary cancellation for good cause remains unaffected.

11. amendment of the terms of use

11.1 Marc Kettenbach reserves the right to change these Terms of Use at any time without giving reasons, unless this is unreasonable for the user. Marc Kettenbach will notify the user of the changes to the terms of use in text form in good time. If the user does not object to the validity of the new terms of use within a period of six weeks after notification, the amended terms of use shall be deemed to have been accepted by the user. Marc Kettenbach will inform the user in the notification of his right of objection and the significance of the objection period If the user objects to the changes within the aforementioned period, the contractual relationship will continue to exist under the original conditions.

11.2 Marc Kettenbach also reserves the right to amend these Terms of Use,

Insofar as Marc Kettenbach is obliged to do so due to a change in the legal situation;

Insofar as Marc Kettenbach thereby complies with a court judgement or an official decision directed against it;

If Marc Kettenbach introduces additional, completely new services, services or service elements that require a service description in the terms of use, unless the previous user relationship is adversely changed as a result;

If the change is only beneficial to the member; or
If the change is purely technical or procedural, unless it has a material impact on the Member.

12. final provisions

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.

Status 01.05.2016