General terms and conditions

General terms and conditions

F i t B l o o m

Owner: Mag. Alfredo Scarlata

Annagasse 5/2/7, 1010 Vienna

E-mail: office@fitbloom.at

0. preamble

Insofar as in this contract terms referring to natural persons are only stated in the masculine form, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.

1. scope of application of the GTC

1.1. The following General Terms and Conditions (GTC Participants) apply to all business relationships between the customer, FitBloom (owner: Mag. Alfredo Scarlata), the fitness expert or company in the field of health, wellness and fitness from the use of the online platform “FitBloom”,

1.2. The version valid at the time of the conclusion of the contract shall be authoritative.

1.3. Deviating, conflicting or supplementary terms and conditions, even if known, do not become part of the contract, unless FitBloom has expressly agreed to their validity in writing.

1.4. GTC of the customer FitBloom expressly contradicts.

1.5. Amendments to the GTC shall be notified to the customer and shall be deemed to be agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence in the notification.

2. about FitBloom

2.1. FitBloom allows fitness professionals and health, wellness and fitness companies to showcase their services to customers.

2.2. FitBloom provides the client with a means of contact for fitness services at the client’s location.

2.3. In the event of a booking, the service contract is concluded directly between the customer on the one hand and the company in the field of health, wellness and fitness on the other. The fitness expert or the entrepreneur is solely responsible to the customer for the fulfillment and execution of the service contract.

2.4. However, the customer cannot derive any legal claim for the future from the free provision of the platform. FitBloom reserves the right to discontinue or restrict the platform at any time and to block the customer without giving reasons.

3. apps

3.1. FitBloom may also offer the customer apps to download to their device for use of its services. The Apps may be required to use FitBloom’s Services.

3.2. When downloading, the terms and conditions of the online store (e.g. iTunes, Google play) apply, over which FitBloom has no influence. The conditions of the app download are shown on the screen of the terminal device.

3.3. The customer acquires the non-exclusive, but temporally and geographically unrestricted right to save a copy of the app for his own purposes on his end device.

3.4. The customer must expressly agree to updates of the apps; this consent can also be given in advance.

3.5. The Apps are owned in their entirety by FitBloom and are protected by copyright.

4. use or registration

4.1. With the use or registration, the customer bindingly declares his contractual offer to use the platform, which can be accepted by FitBloom through provision or activation.

4.2. When registering, the user must provide the requested data, in particular his first and last name, e-mail address and password, and accept the GTC in the valid version.

4.3. FitBloom is entitled to reject the customer’s offer for activation without giving reasons.

4.4. The customer is responsible for securing and maintaining the confidentiality of the access data to his personalized online area. FitBloom recommends using a secure password.

5. conclusion of contract

5.1. The fitness experts and companies in the field of health, wellness and fitness invite customers to make an offer to purchase fitness services from the fitness expert by keeping information available on the platform; this invitation is subject to change and non-binding.

5.2. The order is open to natural persons who must be at least 18 years old at the time of the conclusion of the contract. Minors are represented by their legal representatives.

5.3. With the order, the customer bindingly declares his contract offer to the company in the field of health, wellness and fitness. In the case of an order placed electronically, Fitnessexperte will confirm receipt without delay. The confirmation of receipt does not constitute a binding acceptance of the order.

5.4. The fitness entrepreneur is entitled to accept the contract offer (= booking of the customer) expressly by sending a booking confirmation.

5.5. The fitness entrepreneur is entitled to refuse to accept the booking or to propose an alternative date.

6 Warranty / Liability

6.1. FitBloom provides warranty for the online services, but not for the fitness service contract with the fitness company, according to the provisions of §§ 922 ff ABGB. There is no warranty obligation for services provided by FitBloom free of charge.

6.2. The fitness companies provide warranty to the customers in the direct contractual relationship according to the provisions of §§ 922 ff ABGB.

6.3. The liability of FitBloom and its officers, employees, contractors or other vicarious agents (“people”) as well as that of the fitness experts is basically limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer does not apply to personal injury and damage to property that FitBloom has taken over for processing. As far as the liability is excluded or limited, this also applies to the personal liability of the people and the fitness experts.

6.4. FitBloom provides all services in each case in accordance with the existing technical, economic, operational and organizational possibilities. FitBloom therefore does not warrant for any interruptions, malfunctions, delays, deletions, transmission errors or memory failure in connection with the use of services or communication with the customer.

6.5. The customer acknowledges that the services offered by FitBloom are also offered with the involvement of third party network operators. The availability of services is therefore dependent on the technical provision of third-party network services. FitBloom assumes no obligation to keep the services offered uninterrupted and available online at all times.

6.6. For reasons of force majeure, strikes, lockouts and official orders, as well as technical changes to FitBloom’s equipment or maintenance work, services may be limited.

6.7. The customer is entitled to use the services at his own risk and expense and is obliged to use only suitable technical devices. The customer is also obliged to use the services only in compliance with the legal provisions and to refrain from any improper use.

6.8. Insofar as FitBloom provides access to online services of third parties via links on its platform, it is not responsible for the third-party content contained therein. FitBloom does not adopt the linked content as its own. If links refer to illegal content, please report this to office@fitbloom.at.

7. set content

7.1. If FitBloom grants the customer the possibility to post his own content for publication or to give ratings, the following provisions apply:

7.2. The content posted by the customer (e.g. ratings, comments, images, video) can be made available to all users for retrieval. FitBloom is unable to exercise direct control over the Content; therefore, it assumes no responsibility for the content, accuracy or form of such Content. The customer is responsible for his own content.

7.3. The client grants FitBloom a temporally, factually and geographically unrestricted, transferable and non-exclusive right of exploitation and use (for example, also for citation and referencing) to the content posted by the client. FitBloom is not obligated to keep the content available. FitBloom may at any time reject, publish elsewhere, abridge or delete any content of the customer.

7.4. The customer guarantees FitBloom not to post content whose provision, publication or use violates applicable law or infringes the rights of third parties. The posting of racist, pornographic, inhuman, insulting and immoral contributions is expressly prohibited. In particular, the customer guarantees that no rights (especially copyrights and personal rights) of third parties are violated with the posted content.

7.5. The client agrees to indemnify and hold FitBloom and its people harmless with respect to all justified claims arising from unlawful content and to pay full compensation for any disadvantages incurred; this also includes the costs of a necessary and appropriate legal defense.

7.6. If a third party claims to have been infringed by the content, FitBloom is entitled to disclose the contact details stored about the customer.

8. sweepstakes

8.1. If FitBloom organizes a sweepstakes, it is based on the following sweepstakes conditions, unless otherwise stated:

8.2. Natural persons are eligible to participate.

8.3. Employees of FitBloom, affiliated companies and companies cooperating in the sweepstakes are not eligible to participate.

8.4. FitBloom reserves the right to exclude participants from the raffle who unfairly influence the raffle or attempt to do so.

8.5. The winners will be determined after the end of the competition and notified by e-mail.

8.6. Cash settlement of the prize and legal recourse are excluded; personal taxes, duties, fees and subsequent costs shall be borne by the winner.

8.7. Participants agree to the publication of their name and, if applicable, their photograph in the event that they win.

9. final provisions

9.1. For all disputes arising in connection with the present contract, including pre- and post-effects, the exclusive jurisdiction of the court having subject-matter jurisdiction for 1010 Vienna is agreed. Place of performance is in 1010 Vienna.

9.2. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the place of jurisdiction for lawsuits filed by FitBloom against the customer shall only be deemed agreed upon if the customer has its domicile or habitual residence in Vienna or pursues its employment in Vienna at the time of the conclusion of the contract.

9.3. In any case, the contracting parties agree on a place of jurisdiction in Austria. Austrian substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules.

9.4. Should individual provisions of this contract be or become invalid in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions.

Vienna, June 23, 2021