General Terms and Conditions of Membership of the AIQUM UK Internet Site
General The ordering of AIQUM services is 100% free of charge. The Company Costs are financed by advertising.
Age Requirement In order to use the AIQUM Website you must be at least 18 years of age.
Subject Matter of the Contract AIQUM GmbH, Rötkersiek 89 in 32760 Detmold, Germany is the customer’s contractual partner. The subject matter of the contract is the provision of an online service for the compilation, explanation and procurement of individual nutrition, diet and training plans and the answering of individual, specialist questions by experts through a personal message (PM), the contact form (Contact) or Community (Forum).
Conclusion of the contract All offers from AIQUM GmbH are always subject to change and non-binding. The ordering of services is done by the customer by forwarding the completed application for the construction of a personal online homepage. The conclusion of the contract is valid only after the respective confirmation via email from AIQUM GmbH has been received and once the customer has logged on for the first time. The contract is made for an indefinite time period and is subject to notice as is written in the paragraph “Giving Notice – Cancellation of Membership”. The contract is automatically renewed, once the chosen time period has expired, for the aforementioned chosen time period. The ordering of services is 100% free of charge for the customer her Membership.
Cancellation of Membership The member can cancel the membership of AIQUM GmbH at anytime. AIQUM GmbH will confirm the cancellation immediately. A cancellation can be carried out by post or using the contact form. Receipt of the cancellation is confirmed by a cancellation confirmation from AIQUM. Only in this case has the cancellation been successful. You will get a confirmation either immediately or at the latest within 3 working days. There is 100% no cost incurred by the customer. The notice is only necessary to remove the access.
Community Every participant who has join a weight loss, diet and fitness programme has the possibility to exchange opinions with other members in the Community. AIQUM GmbH would like to confirm that the opinions given in the Community, unless otherwise stated, are solely the personal opinion of those members in the Community and AIQUM GmbH is in no way responsible for them. Entries in the Community are only allowed if
their content is connected to the subject of nutrition and diet
they do not break the law or are immoral
they are in no way advertisements, ideological or religious in nature
Only the person posting the message is responsible that his entries are free from third party ownership rights. If a third party were to claim damages against AIQUM GmbH because of the infringement of rights, then the person responsible for the entry has to declare AIQUM entirely free of all responsibility for the resulting damages. AIQUM GmbH will be forced, but is not liable to prevent infringements of the aforementioned conditions for entries. AIQUM GmbH has the right to remove entries from the Community at any time and without stating the reasons for doing so. After being informed of certain infringements of rights by a third party, AIQUM GmbH will block or delete the unlawful contributions immediately, so that suitable measures can be taken to prevent such infringements of rights in the future.
Removing Content, Granting Rights of Utilisation The participant has to make sure that only content (text, photos, videos etc) for which the participant owns the copyright of or has the right of utilisation to publish them in the internet, are published in the Community. The participant has to make sure that the rights of people featured in their photographs are not damaged. The participant grants AIQUM GmbH, free of charge, a simple, unlimited and temporary right of utilisation for use of the content in the internet. This utilisation right is non-transferable. This also concerns uses unknown at that time. Article 32a of the German Copyright Law (§32a UrhG) is not affected by this regulation. AIQUM GmbH reserves the right to edit content of the customer’s entries to ensure a unified format for publication. AIQUM GmbH especially reserves the right to shorten the customer’s text on the grounds of it being needed to be edited. The participant explicitly agrees to the aforementioned form of editing.
Deficiency in Service The customer knows that it is not possible to develop multimedia applications that do not exhibit at least slight problems sometimes. AIQUM GmbH guarantees that the efficiency of the services that are to be brought to you and that they do not have problems that reduce or decrease the value or the efficiency of the normal use of the service, or that stated in the contract. A slight decrease in the value or efficiency of the service should be disregarded. If it comes to a considerable disruption of the services for general use or for a use stated in the contract, then AIQUM GmbH is entitled to provide their subsequent improvement. If the AIQUM GmbH services are either not available or only available in a limited capacity, then AIQUM GmbH has to deliver the contractual services at a later time. If AIQUM GmbH needs to amend or add to the service provided, then it has to give adequate notice. This notice starts after the time that AIQUM GmbH gained knowledge of the need for an amendment to or for the supplementary supply of the service. Responsibility for information links etc on the website. The information for the AIQUM GmbH website has been gathered from a variety of sources. Despite careful checking and editing it is not to be discounted that inadequate presentation of information may occur. AIQUM GmbH does not assume liability for the integrity, accuracy and topicality of the published information. Furthermore, AIQUM GmbH does not assume liability for the content of websites on which AIQUM GmbH is referred to or linked to. AIQUM GmbH declares that it does not take responsibility for the content of these websites.
Liability and Limited Liability The consultations given by AIQUM GmbH are based on the current position of science and technology and taking new expertise by qualified consultants in to account. Given the nature of online communication it is understood that AIQUM GmbH cannot assume responsibility for the risk of negative effects on the customer’s individual, psychological and health conditions, which were not evident before and have lead to unwanted epiphenomenon in connection to the information provided. If this happens, claims are not possible against AIQUM GmbH and people employed by them, as well as agents with vicarious liability, unless, premeditation or great negligence in the consultation service can be proven or there has been an infringement of contractual responsibilities. Information given by individual customers does not often contain special information about the customer’s state of health. Thus, the customer must not forget that the information given to him cannot replace the verbal recommendations of a doctor or public heath authority. However, the information provided by AIQUM GmbH cannot be used as cause a cause for health problems, regardless of their nature, or rather as a reason for treatment. Also, this information does not replace a doctor’s consultation. The customer has to take into consideration that the suitability of the programme, created by AIQUM GmbH, to the customer’s state of health can only be determined by a GP after a consultation. Thus, AIQUM GmbH is not liable for any kind of harm that occurs due to the application of, or rather use of , the information that is provided. In all other cases the legal liability of AIQUM GmbH and people employed by them, as well as agents with vicarious liability is limited to € 300 excess for foreseeable damages. In this respect the customer bears a so-called excess of € 300.
Customer responsibility and liability The customer is bound to keep log on details to his personal homepage confidential and to avoid misuse from a third party. The customer will notify AIQUM GmbH immediately of the loss of his password or the misuse of log in details by a third party, so that the access to his homepage can be blocked by AIQUM GmbH. The customer is liable for all claims to AIQUM GmbH that exist because of the improper use of the consultation services through his personal homepage. The customer is not authorised to undertake the manipulation of technical details or content on the company website of AIQUM GmbH or his personal homepage. The customer especially has to refrain from any kind of activities that interfere with the access to the company website of AIQUM GmbH or his personal homepage by authorised people. Therefore, the customer agrees to protect AIQUM GmbH from all kinds of damages and claims that exist because the customer gave a third party authorised or unauthorised access to the services of AIQUM GmbH.
Data Protection The customer has been informed in detail about the data protection laws for the collection, use and processing of the personal data provided. The customer agrees emphatically to the electronic data processing. AIQUM GmbH will guarantee the confidential processing of the customer’s data. Saving and processing the data, in accordance with the Standard for Data Protection, takes place depending on the technology. The customer data will only be used by AIQUM GmbH for the following: to set up the tailor-made personal homepage and the personalised recommendations, the settings for individual expert advice in email consultations, the generation of tailor-made, specialised offers of further products or services as well as market research. AIQUM GmbH guarantees that the customer’s personal data will not be given to a third party. AIQUM GmbH has the right to give carefully selected experts, who work freelance for AIQUM GmbH, access to the saved customer data to use in replies to customer enquiries per email. Circulating and analysing anonymous data for market research purposes is granted to AIQUM GmbH only when there is no possibility of the customer’s identity being determined. AIQUM GmbH will keep the data as long as it is allowed by the nature of the contract and business services. For technical reasons, it cannot be ruled out that individual entries out from the user forum partially or completely are found by search engines and are shown by these due to certain search words.
Termination of a Contract AIQUM GmbH has the right to terminate a customer’s contact without giving reasons, with a two-week written notice. Sending the notice by email maintains the written form that incidentally is to be adhered to. AIQUM GmbH has the right to give immediate notice to the customer, when the grounds are important enough, or when the customer does not adhere to the Terms and Conditions of the contract. This is especially relevant if the customer gives false information regarding his identity, address or consultation needs.
Reservation of Property Rights AIQUM GmbH retains the ownership of the services purchased until full payment of all outstanding accounts in the contract, including incidental accounts. The reservation of property rights is valid by traders until the customer has settled all open accounts. In case of attachment and other interferences from a third party, the buyer has to inform us immediately in writing. The buyer has the right to resell the products in a transaction that adheres to the regulations. This is not the case for if the customer finds himself in default to AIQUM GmbH. However, the buyer already assigns all claims about his weight loss or diets from the resale over to us. AIQUM GmbH hereby grants the partner to the agreement receivable authorization to collect the agreed assignments in his own name.
Other Claims for Damages AIQUM GmbH is only liable for claims for damages caused by a definite breach of contract, unlawful acts, the organisation’s debt, debts when the contract is concluded, or any other debt-related reasons for claim, as long as the intentions of their agent of vicarious liability becomes a burden or there is evidence of gross negligence.
Registered address of the Business AIQUM GmbH, Rötkersiek 89 in 32760 Detmold, Germany.
Place of Jurisdiction This contract is governed by German law with the exception of a conflict of laws. Agreement with the law governing the international sale of goods is been waived, when admissible. The place of jurisdiction for all present and future claims for business contacts with registered merchants is the registered address of AIQUM GmbH. The same place of jurisdiction is true if the customer does not have their own place of jurisdiction in Germany, or has given up their usual place of residence in Germany after completion of the contract or whose usual place of residence are not known at the time of bringing suit.
Severability Clause If one of the preceding regulations are invalid or infeasible, either completely or partly, the remainder is not affected by this. All legal transactions or other legal partnerships with AIQUM GmbH are governed by German law. For contracts with one purpose, which cannot be assigned to the professional or commercial business of the authorised person (buyer), this applicable law is only valid until the 01.08.2010.
With this, AIQUM GmbH explicitly disagrees with any storage of our data in accordance with the Federal Date Protection Law. The unsolicited sending of advertisements via email or fax is not wanted and is absolutely forbidden.