General Terms and Conditions (GTC)
- Running.COACH, based in Olten, operates a running platform with a focus on creating training plans (hereinafter referred to as "Running.COACH").
- Users can engage in discussions, exchange information and advice, calculate and save training plans, purchase products and services, etc.
- Running.COACH provides access to the platform and its use based on these General Terms and Conditions (hereinafter referred to as "GTC").
- The GTC govern the relationship between Running.COACH as the platform operator, registered users, and third-party providers or partners.
- By registering as a user on Running.COACH, you accept the following GTC for the use of Running.COACH.
- Users can access, print, and save these GTC at any time, even after entering into a contract, using the "GTC" link.
- Running.COACH is open to all registered users, and registration is free. However, additional premium services of Running.COACH are subject to payment.
- Each user may only register once on Running.COACH and certifies upon registration that they are not already a member or have deleted a previously existing account.
- Users must complete the mandatory fields of the registration form accurately and truthfully. Registering with false or inaccurate information is prohibited. Users have the option to choose from three different ways to present themselves:
- When creating a user account (hereinafter referred to as "Account"), the user must enter their correct full name.
- Each user can decide when and in which of the mentioned forms they want to participate in various forums, groups, messages, blogs, etc.
- There is no entitlement to enter into a usage agreement. Running.COACH reserves the right to reject registration without stating reasons.
- Identification of individuals on the internet is limited. Therefore, Running.COACH cannot guarantee the accuracy of another user's actual identity. Each user must verify the identity of another user themselves.
Deletion of the Account
- If a user wants to delete their Running.COACH account, they can terminate the usage agreement at any time without providing reasons and without observing any deadlines.
- To do so, simply click the "Delete My Account" button. Alternatively, users can also terminate their account by sending an email to firstname.lastname@example.org.
- Running.COACH can also terminate the usage agreement at any time without providing reasons and without observing any deadlines.
- With the successful deletion of an account, all personal data of the user will be permanently deleted from the platform within 30 days.
- The contributions made by the user on the Running.COACH platform before their exit, which were made publicly accessible (e.g., in forums, within groups, etc.), will remain accessible even after deletion. However, these contributions will not be attributed to the name and will be marked as coming from a user who has since been deleted.
- There is no general entitlement to use the Running.COACH platform. The use of Running.COACH is at the user's own risk. The user alone is responsible for any damage to their own system resulting from the use of Running.COACH.
- Running.COACH does not guarantee the accuracy of data or information linked to third-party websites.
- Users are prohibited from interfering with the functionality of Running.COACH through technical actions (such as running scripts, hacking attempts, spreading viruses, worms, trojans, brute-force attacks, etc.).
- Users are further prohibited from distributing discriminatory, defamatory, racist, pornographic, violent, or otherwise illegal data or statements through Running.COACH.
- Users are not allowed to distribute advertisements, political content, mass emails, chain letters, or contests through Running.COACH.
- Collecting, storing, or otherwise disseminating data from other users is prohibited unless the affected party has given explicit consent.
- Data and email addresses of other users may not be used for commercial purposes or unwanted advertising.
- All applications are subject to the current state of technology. It may be necessary to temporarily limit certain services (capacity limits, security releases, etc.). Foreseeable maintenance work will be announced in advance.
- External content is also integrated on the Running.COACH platform.
- Where legal provisions, judicial or administrative orders require Running.COACH to do so, Running.COACH is authorized to disclose user data.
- For user-friendly purposes, profile data may be shared within the company for sister products 2PEAK & viRACE.
- Data will not be shared with independent third parties without the user's consent.
- The password chosen during registration must be kept confidential and not shared with third parties.
- Users are prohibited from allowing third parties to use Running.COACH with false data. Users are fully liable for any damage to Running.COACH that occurs through an account.
- Users are generally required to report violations of these GTC or other abuses to Running.COACH immediately.
- Users are obligated to promptly inform Running.COACH if there is reason to suspect that a third party has knowledge of access data and/or is abusing an account.
Copyright and Usage Rights
- Once a user makes legally protected content accessible on Running.COACH (text, images, videos, graphics, links, etc.), full responsibility lies with the user. The user must ensure that no third-party rights (copyright, usage, trademark, or personal rights) are violated.
- If third parties make claims, the user is fully liable. Running.COACH assumes no liability. The user bears the full costs of any necessary legal defense (court and attorney fees) in the statutory amount.
- In the event of a claim by third parties, the user is obligated to promptly provide all information available to them to Running.COACH that is necessary for reviewing the claims and defending against them.
- Claims for damages by Running.COACH against the user remain unaffected.
- Running.COACH reserves the right to remove such content and/or links to other content without prior notice if Running.COACH has concrete evidence that making it publicly accessible violates legal regulations or the GTC.
- Any use aimed at using the provided content for commercial, business, or other commercial purposes is prohibited.
- The content accessible via Running.COACH may not be copied, distributed, or otherwise made publicly accessible without the consent of the respective rights holders, except in cases permitted by law.
- Running.COACH receives comprehensive usage rights from the user for the further use of the materials available on Running.COACH.
- The reuse of any source code from Running.COACH is excluded.
Sanctions for Violations
- Compliance with the GTC is important for the functionality of Running.COACH. Therefore, Running.COACH imposes sanctions on users when there are concrete indications that a user is violating legal regulations, third-party rights, good morals, or the GTC.
- Additionally, Running.COACH is entitled to remove incriminated content from the Running.COACH network without prior notice.
- When choosing the sanctions to be imposed, Running.COACH takes into account the legitimate interests of the affected user.
- Running.COACH has the following measures at its disposal: deleting a user's content, issuing a warning to a user, temporary and permanent blocking or deletion of an account.
- Blocked users are prohibited from registering again on Running.COACH.
- Running.COACH offers subscriptions, consultations, and selected products. The fulfillment of contracts is carried out between Running.COACH and the buyer.
- Payment is made by credit card or online payment methods.
- Purchase on account with installment option (CembraPay)
- With CembraPay - monthly invoice, you can easily pay for your online purchases by invoice with an installment option. CembraPay, as an external payment service provider, offers the payment method "Payment by invoice." When concluding the purchase contract, CembraPay assumes the resulting invoice claim and handles the corresponding payment modalities. By choosing to pay by invoice, you also accept the GTC of CembraPay (https://cembrapay.ch/de/terms/cp). Please note that an administration fee per invoice and additional fees for partial and late payments may apply according to the GTC of Byjuno.
- Subscriptions that are automatically renewed and paid for cannot be canceled. In the profile settings, the future renewal of the subscription can be turned off.
- All prices include the statutory value-added tax.
- If an item is out of stock or no longer available for other reasons, the buyer will be informed accordingly. In this case, the buyer will be offered an alternative, if possible. If the alternative offer does not meet the buyer's expectations or if there is no alternative offer, the buyer is no longer bound by their order, and any purchase amount already paid will be refunded.
- Complaints about incomplete, incorrect delivery, or obvious defects must be reported promptly by email to info@running.COACH.me. In the event of a defect in the purchased item, the buyer is obligated to send the notice of defects to info@running.COACH.com by email without delay.
- If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall not be affected. In place of an invalid provision, an effective provision shall apply that the parties would have agreed upon had they known of the defect at the time of contract conclusion in order to achieve the same or at least a similar economic result. The same applies to filling gaps in the contract.
- If individual provisions of these GTC become inoperative, this shall not be construed as implying that the relevant provision has been implicitly repealed.
- If it becomes apparent that supplementary regulations are necessary in the interest of smooth business transactions, the parties shall make such regulations in the spirit of these GTC and a fair balance of interests.
- These GTC and the contractual relationship between Running.COACH and the user are exclusively governed by Swiss law. The place of jurisdiction is at the registered office of Running.COACH.
- However, this choice of law only applies to the user insofar as it does not deprive the user of the protection afforded by mandatory provisions of the law of the country in which the user has their habitual residence.
- Running.COACH has been carefully prepared. Nevertheless, all information is provided without guarantee. No liability can be accepted for any disadvantages or damages resulting from the information provided. It is recommended to undergo a medical check-up with a doctor before starting training.
For the sake of readability, these General Terms and Conditions always use the male form for personal designations. However, both genders are meant unless expressly stated otherwise.
These General Terms and Conditions for the use of the Running.COACH network apply to all users who successfully registered with agreement to these GTC from May 16, 2008, or, if they registered earlier, from the date when these GTC were accepted.