Terms of Use for the usage of the Energetic Upgrade online program

For facilitation and the raise of understandability for the English speaking user our German Terms of Use were translated into the English language. Marc Kettenbach does not assume any liability for any possible incorrect translation of the German Terms of Use. In cases of disparity between the two versions always the German version of the Terms of Use has legal validity.

 

1. Validity, Terminology

These Terms of Use apply to a customer´s or entrepreneur´s (in the following called “user”) usage of the internet address www.marckettenbach.com and www.energeticupgrade.com of Marc Kettenbach, Nebeniusstrasse 34, 76137 Karlsruhe respectively to the by him provided online portal under www.marckettenbach.com and www.energeticupgrade.com including all technical functions. The Terms of Use are complemented by the Terms and Conditions of Marc Kettenbach.

1.1. User is every natural person who concludes a legal transaction for a purpose which cannot be predominantly attributed to its commercial or independent professional occupation.

1.2. An „entrepreneur“ is every natural or legal entity, or company with legal personality, that concludes a legal transaction in the course of carrying out a trade or an independent professional activity.

 

2. Usage Authorisation

2.1. Authorized to use the service is any natural person of unlimited legal capacity and are judical entities or companies with legal personality. The user confirms with his/her agreement to this Terms of Use that he/she meets this condition at the time entering in this contract.

2.2. The registration of a legal entity or a company with legal personality can only be conducted by a natural person mentioned by name and being authorised to do so.

2.3. Each user is only allowed to register once. A user`s permission to use the Energetic Upgrade online program is limited to the user personally. It cannot be tranferred to third parties.

 

3. Registration, Conclusion of the Contract, Contact Partners

3.1. By the act of a successful registration a contract for a one year validated usage of the Energetic Upgrade online program is made according these Terms of Use.

3.2. To register, a user may use the provided online registration form. The submission of the registration data represents a user‘s binding offer to conclude the contract which may, but doesn’t necessarily need to be accepted by Marc Kettenbach. The user can always correct wrong entries before submitting the registration form. Within five days Marc Kettenbach can accept the user’s offer either by the mean of a confirming e-mail or by the act of activating the Energetic Upgrade online program. If Marc Kettenbach does not accept the user’s offer within the above specified period must be regarded as refusal. For the conclusion of the contract the German language is exclusively available. 

3.3. The contract text is stored by Marc Kettenbach.

3.4. The e-mail address given by the user serves to identify and to personally label the user. The user has to ensure that the e-mail address he provided is correct and valid so that the e-mails sent by Marc Kettenbach can be received by the user. In particular, in the case of the application of spam-filters, the user has to make sure that all e-mails sent by Marc Kettenbach or by a third party appointed by him can be received by the user.

3.5. Personal data are to be indicated completely and correctly during the process of registration. The user must ensure that all given data (including e-mail addresses) are kept updated. Marc Kettenbach is not obliged to check the provided data for correctness and completeness. 3.6. Marc Kettenbach is the provider of the service and as such contact partner for all matters relating to the execution of the contract.

 

4. Type and Scope of the Service of the Energetic Upgrade Online Program

4.1. With the Energetic Upgrade online program, Marc Kettenbach provides an online portal by which users are enabled to access technical functions and digital contents. The scope of services in particular includes the following: In the framework of the Energetic Upgrade online program the user receives an e-mail with „Impulses“ and the access data for the online portal www.marckettenbach.com and www.energeticupgrade.com and it’s contents to the indicated e-mail address. The sending of e-mails is at the disretion of Marc Kettenbach. The contents of the online portal (e.g. courses, webinars, videos) are inserted topic-related in the course of the use of the portal and are available for the user from the moment of publication. This implies that the full range of contents is not available from the beginning of the annual subscription but will be supplemeted by and by. Marc Kettenbach endeavors to provide the contents on as many mobile devices and browsers as possible. The ultimate responsibility for the reception of contents lies with the user. This includes besides other things that the user ensures that e-mails do not get caught in the spam-filter, that the e-mail account has sufficient storage capacity, the internet connection is stable and the latest version of the browser is installed. Marc Kettenbach is not liable for circumstances that are beyond his control such as the operability of the user’s internet connection or computer. The Marc Kettenbach coaching team is pleased to provide download links to free current browsers on request. Whenever in the course of the Energetic Upgrade online program products (e.g. books) of a third party are referred to or recommended it must be considered as a non-binding recommendation. The purchase of such recommended product is never included in the annual subscription.

4.2. For the usage of the Energetic Upgrade online program, Marc Kettenbach provides the access to the under 1.1 mentioned website with all its neccessary technical functions. Marc Kettenbach is not obliged to ensure the creation and maintanance of the data connection between the user’s IT-system and the server of Marc Kettenbach.

4.3. The Energetic Upgrade online program is offerd under the provisio of availability. An availability of 100 percent is not feasable from a technical perspective so that it cannot be guaranteed by Marc Kettenbach. Marc Kettenbach endeavors to provide the service constantly. In particular, maintanance works, safety or capacity issues, as well as events that are beyond the control of Marc Kettenbach (e.g. failure of communications networks, power failure etc.) could cause disturbances or temporary resting of the service. Marc Kettenbach shall if possible carry out maintanance work during low-use periods.

 

5. Changes in Service

5.1. Marc Kettenbach reserves the right to change the offered services or to provide different services unless the modification is nor reasonable for the user.

5.2. Marc Kettenbach furthermore reserves the right to modify the offered services or to provide different services

 

  • in case Marc Kettenbach is obliged to due to a change in the legal situation;
  • in case Marc Kettenbach has to meet a court judgement or a decision of an administrative authority;
  • in case the measure is necessary to close any existing security gaps; o in case the change is only advantageous for the user; or
  • in case the modification is of technical nature or procedual in structure having no significant effects on the user.

5.3. Modifications with insignificant influence upon the functions of the Energetic Upgrade online program do not constitute a change in service within in the meaning of this paragraph. This applies in particular for changes of purely grafical nature or a change in the arrangement of functions.

 

6. Rights of Marc Kettenbach

6.1. Should the user violate any legal provisions or these terms of use or concrete indications suggest so, Marc Kettenbach is entitled to suspend the user’s access to the account either temporalily or permanently without prior notice or further examination.

6.2. A once suspended user must not use the Energetic Upgrade online program anymore and is excluded from repeated registration.

6.3. Marc Kettenbach explicitly reserves the right to take legal action in case a user violated legal provisons or these terms of use.

 

7. Granting of Rights of Use by Marc Kettenbach

7.1. Marc Kettenbach grants the user a simple, revocable and temporarily to the subscription period limited right to use the by Mark Kettenbach provided online portal including all offered technical functions within the framework of these terms of use.

7.2. Without the written permission from Marc Kettenbach the user shall not be permitted to make the him provided contents accessible to any third party. The user shall ensure that it doesn’t open up possibilities for circumvention for access to a third party.

7.3. In case the user seriously violates the agreed upon terms of use, Marc Kettenbach is entitled to extraordinarily terminate the user’s right to use the service and remove the user’s access to the Energetic Upgrade online program. This requires an unsuccessfully issued warning notice with an appropriately set period of time.

7.4. The other legal and contract related regulations remain unaffected thereby.

 

8. Compensation and Terms of Payment

8.1. With the start of the annual subscription period, the user shall pay the annual usage fee, an amount equal at the time of registration announced amount including the currently valid value added tax.

8.2. The amount shall be payed at registration respectively at the beginning of the period of prolongation, meaning at the start of the following annual subscription period.

8.3. The payment shall be made by using the at the time of registration valid official currency.

8.4. If the user is in delay with due payments, Marc Kettenbach is entitled to terminate the access to the online portal and to suspend rendering any services until the user’s annual usage fee has been received on the account of Mark Kettenbach. The period of blocked access due to payment delays does not affect the contract period or the extent of the amount owed.

 

9. Disclaimer

9.1. The by Marc Kettenbach offered services are neither medical nor therapeutic treatments; neither diagnoses are made nor „cure“ or „relief“ is promised. In particular the hypnosis sessions must not be regarded as medical or therapeutic treatment, but rather as life coachings, measures for personality development or relaxation trainings.

9.2. A liability of Marc Kettenbach is therefore excluded.

9.3. This liability-exclusion applies as well to Marc Kettenbach’s legal representatives or vicarious agents.

 

10. Prolongation of the Usage Period

10.1 The contract for the use of the Energetic Upgrade online program is always entered with a time limitation of a one year period and is during that period non-terminable. At the expiry of the first year of subscription, the user receives the possibility to prolong the period of use for another year. For prolongation the prices currently valid at the time of prolongation, including the currently valid value added tax, shall apply.

10.2 This does not affect the right of extraordinary termination for an important reason.

 

11. Change of the Terms of Use

11.1 Marc Kettenbach reserves the right to modify the terms of use without having to announce reasons at any time, except this is not reasonable for the user. Marc Kettenbach will announce the modifications in the terms of use to the user in time in written form. If the user does not register any objections regarding the modifications within six weeks if being notified about the modifications, the changes will be deemed to have been accepted. Marc Kettenbach will make the user aware of the right of object and the importance of the objection. If the user contradicts to the modifications within to priorly announced period of time, the original terms of use will remain valid.

11.2 Marc Kettenbach furthermore reserves the right to change these terms of use

 

  • in case Marc Kettenbach is obliged to due to a change in the legal situation;
  • in case Marc Kettenbach has to meet a court judgement or a decision of an administrative authority;
  • in case Marc Kettenbach introduces additionally completely new services or service elements which require a performance description in the terms of use, unless the existing user relationsship is not affected negatively thereby;
  • in case the measure is necessary to close any existing security gaps;
  • in case the change is only advantageous for the user; or o in case the modification is of technical nature or procedual in structure having no significant effects on the user.

 

12. Final Provisions

All legal relationships of the parties are subject to the laws of the Federal Republic of Germany.

 

Constituted on 01.05.2016