Terms & Conditions - Sami Wunder

I. Website Terms Of Use

Www.samiwunder.com (and any associated domains controlled by us) is a website (“Website”, “Site”) operated by Liebesträger GmbH (“We”, “Us”, “Sami Wunder”) registered in Germany under company number DE318940564 and our registered office at Nachbargasse 118, 53757 Sankt Augustin, Germany.

To contact us, please email support@samiwunder.com.

These Terms of Use govern the terms on which we allow you (“you”, “User”) to use the Website and must be read in conjunction with our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

If you make any purchases via the Website then our Specific Terms and Conditions will also apply.

Access to the Website

Sami Wunder has the exclusive right to, at any time, suspend access to the Website, whether partially or entirely, in particular in relation to the management, maintenance, repair, modification or updating of the Website, and to, at any time, shut down the Website, whether permanently or temporarily and whether partially or entirely.

Acceptance of these Terms of Use

By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them.

Any users in a jurisdiction where the Website’s publication or availability is prohibited must not access the Website. Those who access the Website do so on their own initiative.

If you do not agree to these terms, you must not use the Website.

Intellectual Property Rights

You acknowledge that the contents of this Website are subject to intellectual property rights and undertakes not to infringe such rights.

Sami Wunder has title to, or is duly licensed in relation to, the contents, images, graphics, sound, video, animation files on this Website and the format in which they are graphically displayed on the Website. This includes all trademarks, logos and symbols, as well as the layout and structure of the Website.

You are not authorised to transmit, disclose, modify, copy, sell, use or distribute, in any way, the text, images and other information in this Website or part of the Website without the prior written consent of Sami Wunder. The use of trademarks and logos in this Website, and the material made available on this Website, does not grant, and should not be interpreted as granting, Users any express or implied license to use, whether directly or indirectly, such trademarks, logos or materials.

We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download (one) 1 copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: keep intact all copyright, trademark and other proprietary rights notices; do not modify any of the Content; do not use any Content in a manner that suggests an association with any of our products, services or brands; and do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

Liability

Sami Wunder is not liable for any errors which may occur due to system malfunctions or failures (whether temporary or permanent) of the Website. Sami Wunder is not liable for any loss or damage resulting from the improper use, or inability to use, the Website.

Links

Sami Wunder Website may contain links to the websites of other entities. Such sites do not belong to, and are not operated or controlled by, Sami Wunder and Sami Wunder is not liable in respect of, or in any way supports or endorses the content of, such websites or the websites connected to or mentioned in such websites. The use of any such links is done at the User’s own risk.

The creation of links to Sami Wunder Website is subject to the prior written consent of Sami Wunder.

Validity of these Terms of Use

If any part or provision of these Terms of Use is unenforceable or contrary to applicable law, the remaining parts or provisions of these Terms of Use shall not be affected.

Terms of Use update

Sami Wunder reserves the right to modify and add to the Terms of use at any time without prior notice by posting the new Terms and conditions on the Site. You should periodically review these Terms for updates as indicated above.

Sami Wunder can at any time and without prior notice amend the terms and conditions contained herein. Such changes shall be duly disclosed on the Website.

Governing Law and jurisdiction

These Terms of Use, their subject matter and their formation, are governed by German law. You and we both agree that the courts of Germany will have exclusive jurisdiction.

II. Specific Terms & Conditions – Sami Wunder Products & Services

By purchasing a Sami Wunder Digital Product or Service you (the Client) are entering into an agreement with Liebesträger GmbH (“We” or “Sami Wunder”), a company registered in Germany under company number DE318940564 and have our registered office at Nachbargasse 118, 53757 Sankt Augustin, Germany.

  1. Products & Services

General Terms

By selecting a Digital Product (including e-books) or Service (including group or individual coaching programmes), you agree to pay Sami Wunder the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).

Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Payments for Digital Products may be done by debit or credit card, or PayPal, on the website.

Payments for Services may be done by debit or credit card, bank transfer, or Paypal. If you decide to pay by bank transfer, you will need to send a proof of transfer to support@samiwunder.com before the programme starting date.

Digital Products and Services

By purchasing a Sami Wunder Digital Product or Service, you agree to pay Sami Wunder the applicable fees and recurring fees, if applicable. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Sami Wunder reserves the right to change the payment terms and fees upon 10 (ten) days prior written notice to you. You are legally liable to clear all payments you have signed up for, with a given product and service. For any reasons, if you decide to withdraw and not use a program, you are still legally liable to clear the payments. You may however request for a one month pause in services, by giving written notice 10 (ten) days prior.

If your payment is not received by Sami Wunder before the starting date of the Sami Wunder programme, you will not be entitled to start using the Service and access to coaching groups will not be setup.

Cancellations and Refund

Sami Wunder Services

Where the contracts between you and Sami Wunder are concluded at a distance, with electronic acceptance, during a 14 (fourteen) day period from the date the contract is entered into (the day of purchase of the Service/ Product / Programme), you have the right to cancel the purchase and receive a refund of all fees paid. Please note that if the program you purchase starts within the 14 (fourteen) day period you will not be entitled to a full refund and Sami Wunder can retain the necessary amounts to cover the cost of the service already provided to you.

If you fail to complete a program for any reason whatsoever, you shall forfeit the full program fee and shall not be entitled to any reduction of fees.

Commitment Deposits

Some of Sami Wunder Services have a limited number of attendees (including programmes and events) and a deposit scheme can be available so you can demonstrate your commitment to attend. Commitment Deposits are non-refundable.

The receipt of a deposit does not imply acceptance. Sami Wunder will confirm your acceptance in writing by email, and it is at the time Sami Wunder send out this confirmation that a contract comes into force between the parties.

Sami Wunder Digital Products

Given the nature of Sami Wunder Digital Products (downloadable digital items), the Digital Products are not eligible for return or refund.

If your Sami Wunder Digital Product does not perform as described in your electronic device, please email support@samiwunder.com for assistance.

  1. Sami Wunder Services

The Services will be rendered by a Sami Wunder certified coach (“Sami Wunder Coach”) and high standards of service will be rendered by all the Sami Wunder associate coaches.

In any case, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Sami Wunder Coach. As such, You agree that the Sami Wunder Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by the Sami Wunder Coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

Sami Wunder or any Sami Wunder Coach shall not be responsible for any damages arising out of your access to or use of the Products or Services.

The time of the coaching sessions and/or location will depend on the type of Service purchased. Please refer to the specifications of your Service for further information.

  1. Cancellation by Sami Wunder

If a Sami Wunder coach cancels a session, programme or event due to unforeseen or unexpected circumstances, illness, technology failure, venue issues, urgent family matters or anything else outside of its control, notice will be given as soon as possible and the session shall be reschedule by the Sami Wunder Coach.

If you have travelled to attend a scheduled session, programme or event that has been cancelled, Sami Wunder shall not be held responsible for covering any travel or accommodation costs.

  1. Guarantees and Warranties

Sami Wunder will provide you the best materials, coaching and programmes but any results are exclusively dependent on you, on your own commitment, focus, follow-through, implementation, skills and communication. You agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the sessions, programme or event.

  1. Confidentiality

The coaching relationship, as well as all information that you share exclusively with the Sami Wunder Coach as part of this relationship, is bound by the principles of confidentiality.

However, please be aware that the Coaching relationship is not considered a legally confidential relationship, and thus communications are not subject to the protection of any legally recognized privilege.

Confidential Information does not include information that was in the Sami Wunder Coach’s possession prior to its being furnished by you; that you share on social media and it’s not exclusively shared with your Sami Wunder Coach; is generally known to the public or in your industry; is obtained by the Sami Wunder Coach from a third party, without breach of any obligation to you; is independently developed by the Sami Wunder Coach without use of or reference to your confidential information; or the Sami Wunder Coach is required by statute, lawfully issued subpoena, or by court order to disclose; is disclosed to the Sami Wunder Coach and as a result of such disclosure the Sami Wunder Coach reasonably believes there to be an imminent or likely risk of danger or harm to you or others; and involves illegal activity.

You also agree that Sami Wunder can use, share and distribute your story, questions and development path for coaching purposes to any third parties and by any means, without sharing your personal details, consisting of your name and date of birth.

  1. Limitation of Liability and Indemnity

Neither Sami Wunder nor any other party involved in creating, producing, or delivering the Products or Services shall be liable for any direct, indirect or other damages arising out of your access to, or use of, the Products or Services. You agree to indemnify, defend and hold Sami Wunder and its subsidiaries, affiliates, and their respective directors, officers, employees, agents, contractors, licensors, or any person or entity involved in the creation, production, and distribution of the Products or Services, harmless from, and against, any and all claims, liability, losses, costs and expenses incurred in connection with any breach by you of these Terms and Conditions or resulting from, or in connection with, your use of this Products or Services.

  1. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  1. Waiver

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.

  1. Mutual Non-Disparagement

Neither party shall publicly or privately disparage each other or each other’s agents, servants or employees, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with each other’s business and/or personal interests. Governing Law and jurisdiction

These Terms and Conditions, their subject matter and their formation, are governed by German law. You and we both agree that the courts of Germany will have exclusive jurisdiction.

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