Any deviating terms and conditions of the User shall not apply. This shall also apply in relation to any deviating terms referred to in the context of the User’s orders, the acceptance or use of the services, payment or any communication of the User with the Provider.
Services provided within the Portal by third parties and which are either obviously provided by third parties or explicitly marked as third-party services may be subject to deviating terms and conditions of the respective third-party provider.
The Portal provides information on fitness, sports, nutrition and the achievement of personal goals ('content'). Paid content will be made available to the User for a limited period for his or her own personal use in accordance with the subscribed service package. The use of certain, paid content requires the User's personal registration via the Portal and the binding subscription to a service package.
The offer is intended exclusively for the use by private end-users. Any commercial use by the User, or any reselling or making available of the services by the User to third parties against payment or free of charge is not permitted; this applies in particular to the making available of the contents to third parties by providing a third party with, or allowing a third party the use of, access information (e.g. user name, password).
The Provider offers the User various service packages. The content and scope of each service package is described in the price list applicable at the time the contract is concluded and that is provided in the Portal.
The Portal is subject to ongoing development and improvement of its content. Accordingly, the Provider is free to change, further develop and improve existing content as well as its presentation and the design of the Portal. In particular, the content may be provided in various forms (including in particular by videos, audios, photos, illustrations and texts).
The Provider is entitled to have all services provided by a third party.
The content is selected and created by the Provider with due care. However, the Provider accepts no guarantee and makes no representations regarding the correctness, completeness, actuality or other characteristics of the contents and information provided.
The Provider makes the content available exclusively via the Portal. The Provider establishes an adequate connection of the Portal to the generally accessible Internet; however, the Provider gives no guarantee and makes no representations regarding the accessibility or the availability of the Portal over the Internet or the availability at certain times. The Provider is not liable for any immaterial interruptions of the Portal’s availability.
The use of the offer and access to the content requires the use of a suitable internet browser by the User. The Provider supports one or more Internet browsers of its choice. The Provider does not guarantee accessibility by means of a particular Internet browser and reserves the right to discontinue the support of a browser type, in particular in case of substantial changes by a browser provider or in case of security concerns. Prerequisites for the use of the contents are possibly additional programs or browser plug-ins. The User is obliged in his or her own interest to adequately protect himself or herself against viruses and other harmful code forms or attacks by third parties over the Internet or the misuse of the Portal by third parties.
Use of the contents offered on the Portal is at the User’s own discretion and at his or her own risk. The User is solely responsible for convincing himself or herself prior to the use of the Portal or the subscription to service packages that he or she meets the health and physical conditions for use or application of the information or content. The contents of the Portal cannot replace any necessary medical advice. The risk to be able to use the services is with the User.
The Provider does not assume any responsibility or liability for the fitness, sports, nutritional and informational content of the Portal to be appropriate or usable to the User, or that through their application the User will be able to achieve the expected changes, advantages or improvements. The Provider assumes no responsibility and is not liable for the User's correct use or application of the proposed information content, or that the way of their application will not cause any disadvantages for the User’s health or wellbeing.
The Provider recommends that the User applies suggested exercises or training units as well as nutritional suggestions according to his or her current state of health, training condition and physical resilience. In case of doubt or special circumstances, e.g. discomfort, cold or other health problems, the Provider recommends to seek medical advice before using and applying the offered content and suggestions. This applies in particular to complaints or diseases with regard to the circulatory system, lungs, airways, bones and joints or in the presence of chronic diseases. The content is not intended for use by persons with particular health risks; in particular the use by persons with hypertension, diabetes, special dietary requirements and pregnant women is therefore discouraged.
Access to a subscribed service package requires that the User registers with the Portal and subscribes to a specific service package. By registration with the Portal a user account is created. The creation of the User account and the binding subscription to a service package require the following information of the User: first and last name, birthday or age, e-mail address, postal address, country, specification of a password, provision of payment data. Further information may be required, in particular depending on the service package and payment method. The Provider is entitled, but not obliged, to enable the registration and/or the connection of the User account with social media applications.
The User shall provide complete and correct information about his or her identity and payment information. Each User may only create one single user account. The Provider is entitled to reject applications automatically or in individual cases at its sole discretion. The User guarantees that he or she is entitled to use the payment information provided by him or her. The Provider reserves the right to verify the identity of the User. The Provider is entitled to store the IP address of the Internet access from which the registration was made.
For the use of the subscribed service package, further information may be necessary or required for the full use of all functions; this may include in particular information on size, weight, sex, training condition and training goals. The data are not checked by the Provider for their correctness. The User is advised that the data provided by him or her may have influence on recommended exercises and other recommendations and false statements may result in unsuitable recommendations or results.
The User is given access to a service package after binding subscription to such service package and payment by means of one of the available payment methods. The binding subscription (contract conclusion) is made by clicking on the relevant confirmation in the context of the subscription and payment process. Prior to subscribing to a paid service package, the User is informed about the content of the service package, the duration, the prices and terms of payment. In case of pre-sale offers or other special offers, the date or timing of activating the access may be specified independently of the receipt of payment.
In case of payment methods which do not lead to an immediate credit note to the Provider or are not guaranteed by a third party, the Provider reserves the right to submit required access data (e.g. passwords) only after receipt of the payment or to allow access to the subscribed service package only after receipt of payment.
The access data is either determined by the User himself or made available to the User by e-mail or otherwise electronically. The User is obliged to keep the access data secret and not to pass it on to third parties. The User is responsible for the careful handling of the access data. If the User experiences or suspects that a third party has obtained unauthorized access to his or her access data or uses his or her User account unauthorized or the corresponding risk exists, he shall immediately inform the Provider in text form.
The right to use the access data and the paid service packages is exclusively for the registered User and his or her personal use. The authorization is not transferable and may not be left to third parties for their use, neither temporarily nor permanently, and regardless of whether or against payment or free of charge.
The Provider uses one or more payment service providers for processing of payments. Unless expressly stated otherwise, all prices are quoted in Euros and are payable, and include statutory value-added tax. If the value added tax is not applicable, the prices stated shall be considered as net prices. Invoicing is exclusively in electronic format (PDF document).
In the case of service packages that require regular payment, the respective payments are automatically collected at the agreed time via the payment service providers selected at the time of registration or subscription. In case of cancellations or unsuccessful debiting attempts due to insufficient coverage or due to other reasons for which the User is responsible, fees (bank and processing fees) may be incurred which the User has to bear. In case of late payment and delay, reminder fees may be charged. Further details may be set out in the price list. The statutory rights of the Provider in case of late payment shall remain unaffected.
Vouchers or discounts from the Provider's advertising campaigns may only be accepted if they are used directly in connection with the binding subscription and according to the respective online subscription process. Subsequent recognition or consideration is excluded. The combination of several vouchers or discounts is excluded. There is no cash payment available for vouchers or discounts.
The paid service packages are offered for the duration specified in the price list. This may include automatic monthly renewals under any extension subscription. During the indicated term, the content provided for the respective service package is made available step-by-step to the User via the Portal according to the respective program schedule. Content released in the course of the respective program remains available to the User until the end of the respective program and for the duration provided in the subscribed service package. Thereafter, access to the contents of the service package expires automatically, if not specified otherwise in the price list. In addition, the content remains accessible during the duration of any additional subscription periods. The agreement may be terminated by the end of the initial term or any renewal term. The extension subscription may be terminated with two weeks prior notice by the end of each contractual month. Details are set out in the price list.
The right of the Provider and the User to terminate the service package for cause remains unaffected.
The termination by the Provider is permitted in text form to the e-mail address stored in the User account of the User. The termination by the User must be in text form and is to be addressed by e-mail to [email protected] or to the address of the Provider mentioned in the legal notice of the Portal. The notice must include the customer ID (if applicable).
Terms for terminations by the User are outlined in the price list. All terminations shall be sent to [email protected]
In the event of termination by the Provider, outstanding payments shall immediately become due and payable. Any direct debit authorization granted shall not automatically expire even if a party terminates the contract for cause. The Provider remains entitled to collect outstanding payments.
The Provider is liable without limitation for damages resulting from dead or bodily injury caused by the Provider’s negligence or intent, as well as in the case of intent or gross negligence, fraudulent concealment of a defect or assumption of the guarantee for the quality of a product or service.
In the event of a breach of material contractual obligations, the liability of the Provider in case of slight negligence is limited to the contract-typical, foreseeable damage. Material contractual obligations are those which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations imposed by the contract in order to achieve the purpose of the contract whose proper performance is conditional for the fulfillment of the contract and that the User may usually rely on.
Liability under the German Product Liability Act and other cases of mandatory liability under applicable laws shall remain unaffected.
Liability for loss of User data is excluded.
The foregoing provisions shall also apply accordingly to the personal liability of the Provider's employees and its vicarious agents.
The foregoing provisions shall also apply mutatis mutandis to the compensation of expenses.
The Provider is entitled to block the access of the User to the paid contents or the User’s account in case of an important cause without notice (temporarily or permanently). An important cause occurs, in particular, if the Provider is entitled to terminate the contract for cause, the User is in default of payment, payment data is false or includes errors, or there are indications for misuse of the Portal by the User himself or herself or by third parties using the User’s access data.
An abusive use shall in particular be given if:
The Provider ends the blocking as soon as the reasons for the blocking are removed. The right of the Provider to terminate for important cause in particular due to misuse or the violation of its obligations or duty of care by the User with respect to his or her access data remains unaffected.
The Provider is entitled to block access of the User to the paid content or User account after a period of more than three (3) months if the User has not used the access during such period. The Provider is entitled, but not obliged, to announce the blocking by e-mail to the e-mail address stored in the User account.
In case of non-usage for a period of more than six (6) months after expiry of all service packages of a User, the Provider is entitled to delete the User account of the User after notice by e-mail to the address stored in the account and expiry of a period of 30 days period, unless the User resumes the use of the account during such period. This does not affect statutory storage obligations with respect to User data.
The contents on the platform are protected by copyright and other intellectual property rights. The contents offered on the platform remain the property of the Provider or the licensors of the Provider. This applies in particular to all videos, audios, photos, illustrations and texts. All rights to the content remain expressly reserved, unless otherwise set out hereinafter.
The content offered is provided to the User solely for online use. The User is entitled to use the contents offered in the context of the service package subscribed by him or her and for his or her own private purposes. This includes the online loading, displaying and playing of the respective contents with the devices used by the User. The storage, printing and copying of the available content is only permitted for the User's own private purposes, but not for the distribution to third parties in any way (by means of storage media, printed or online). The User is not permitted to alter, edit or link the content to any third-party content, publicly play, perform, make available or otherwise publically display (in whole or in part) the content, remove or make illegible any copyright information, sale, license or otherwise commercially use the content for his or her own or any third parties’ purposes.
The Provider collects, processes and uses the personal data provided by User for the purpose of performing the contract in accordance with the applicable data protection laws, including in particular the German Federal Data Protection Act and the German Telemedia Act.
The Provider shall not use the User's data for purposes of advertising, market or opinion research, unless the User has given his or her consent or this is permitted according to the applicable laws.
Further details of the data protection are contained in the data protection declaration provided on the Portal.
Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must notify us, PamCo Media UG (haftungsbeschränkt), c / o Pulse Advertising GmbH, Esplanade 31, 20354 Hamburg, Germany; E-mail [email protected] by means of a clear statement (for example, a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall have to reimburse you without delay and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such reimbursement, we use the same payment method you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged any additional reimbursement fees. If you have requested that the services be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided by us by the exercise of the right of revocation with respect to this agreement compared with the total scope of the services provided for in the contract.
Should physical goods be part of the contract, then you are obliged to send back all physical goods to us within 14 days after you revoked this agreement. The costs of returning the goods are to be paid by you.
End of revocation advice
Sample Revocation Form
(If you want to revoke the contract, please fill out this form and return it to us.)
To PamCo Media UG (haftungsbeschränkt), c/o Pulse Advertising GmbH, Esplanade 31, 20354 Hamburg, Germany; E-Mail [email protected]:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Appointed on (*) / received on (*)
name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
The Provider is entitled to transfer all rights and obligations under the contract concluded with the User to a third party by means of a contractual transfer, provided that the third party warrants the proper performance of the contract.
The Provider shall announce to the User the changes and the date of its entry into force. If the User does not object within one month after receipt of the change notice or if he or she does not terminate the affected service package, the change shall be deemed approved. If the User rejects the change, the Provider is entitled to terminate the contract as soon as possible. The Provider will inform the User in the change notice about the right to object and to terminate, the period for objection and the legal consequences of the (omitted) objection or termination. The Provider may combine the change notice with the ordinary termination in case that the User objects to the change.
The place of fulfillment and venue is, to the extent legally permissible, Hamburg.
There are different packages allowing access to the PAMSTRONG 12-week fitness program for the gym, which differ in the duration of access ('Package Access Duration') and the payment terms ('Package Payment Terms'). In any case, the program itself has a term of 12 weeks.
Basic Package (12+4 weeks) with monthly cancelable follow-on subscription: The Basic Package has a Package Access Duration of 12 weeks plus 4 weeks of free access. The basic package costs € 19.99 for each 4-week-period, due in advance at the beginning of the 1st, 5th and 9th week. After the end of the 12th week, the use is free for additional 4 weeks (from the 13th to the 16th week). Thereafter, the contract is automatically renewed on a monthly basis at the rate of currently € 9.99 (including VAT), unless the user or the provider terminates the contract. The notice period for termination shall be two weeks at the end of the relevant term, i.e. either by the end of the first 16 weeks or, thereafter, at the end of each additional month of the contract.
Extended Package (12+40 weeks) with monthly cancelable follow-on subscription: The extended annual package has a Package Access Duration of 12 weeks plus 40 weeks of free access for one-time € 99.99 (due in advance as a one-off payment with the purchase of the annual package). Thereafter, the contract is automatically renewed on a monthly basis at the rate of currently € 9.99 (including VAT), unless the user or the provider terminates the contract. The notice period for termination shall be two weeks at the end of the relevant term, i.e. either by the end of the first 52 weeks or, thereafter, at the end of each additional month of the contract.
The extended package ('52-week-package') priced at a one-off of € 99.99 (payable at once at the time of purchase of the package) grants access over a period of 52 weeks, i.e. exceeding the program term by 40 weeks (effectively granting access for a whole year).
A voucher acquired in the course of the PAMSTRONG Pre-Sale will be deducted from the payments due under the respective package chosen.
The prices in this price list are gross consumer prices and include value added tax. If the value added tax is not applicable, the prices stated shall be considered as net prices.