Terms and Conditions
Last modified: January, 11 2021

Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations.

The present Terms and Conditions ("Terms and Conditions") regulate the use and access to the FitTech Company Website and any other websites, subdomains, country level domain variants related, web services, third-party integrations (hereinafter collectively referred to as the "FitTech Company Website") which are operated and/or owned by FitTech Company GmbH, a company organized under the laws of Germany, with office at Sambergerstr 9, 81477 Munich (hereinafter referred to as "FitTech Company", "we", or "us").

They also regulate the purchase of event tickets or any other goods or services via the FitTech Company Website.

Additional information about FitTech Company, such as contact details, as well as the names of the authorized representatives, can be found under the "Imprint" button displayed in the navigation bar of the FitTech Company Website.

1. Scope of Application

The Terms and Conditions as amended from time to time shall apply between FitTech Company and the person (the "Customer" or "you") who use the FitTech Company Website, register and create an account, and purchase an event ticket or any other goods or services via the FitTech Company Website (collectively, the "Services") or via other FitTech Company-related sites, apps, and/or communications that state that they are offered under these Terms and Conditions.

By using any of our Services you agree that you have read and accepted the Terms and Conditions and agree to be legally bound by them. If you use our Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms and Conditions on behalf of that entity and its affiliates. If you do not wish to be bound by these Terms, please do not use or access the FitTech Company Website, register and create an account, purchase a ticket or attend in the FitTech Company events.

Our Services are based exclusively on these Terms and Conditions. We explicitly object to the inclusion of any conflicting terms and conditions of the Customer. Any offer or Service description that are displayed on the FitTech Company Website or in any other advertisements are at all times subjected to change and non-binding.

2. . Registration for FitTech Company Offerings and Services

In order to buy an event ticket, to subscribe for a Newsletter and/or to use any other of our Services you must first register and create an account ("FitTech Company Account") by completing the registration process available on the FitTech Website.

With regard to the FitTech Company Account registration and the order process, you agree to: (a) provide only true, accurate, current and complete information; (b) maintain and promptly update your registration information to keep it true, accurate and complete; and (c) provide us with your credit card or other payment information that are necessary for processing your payments.

By placing an order, e.g. to buy event tickets, you submit to us a legally binding offer to conclude a contract. Before submitting your order, you will be given the opportunity to correct and edit any mistakes and/or information. We will confirm receipt of your order by e-mail. The order confirmation does not constitute an acceptance of your offer. No contract will be deemed concluded before we expressly declare our acceptance of your offer or accept your offer by delivering the ordered products (e.g. delivery of event tickets you ordered).

You may view, save or print your order details by logging into your account.

3. FitTech Company Account and Password Security

You agree and acknowledge that you will not allow others to use your FitTech Company Account. You are responsible for maintaining the confidentiality of your password and FitTech Company Account, and are fully responsible for all activities that occur under your password and/or FitTech Company Account. You agree: (i) to immediately notify FitTech Company of any unauthorized use of your password or FitTech Company Account or any breach of security, and (ii) to ensure that you are successfully logged-out from your FitTech Company Account at the end of each session. You further agree not to use anyone else's password in connection with the FitTech Company Website or attempt to gain access to the FitTech Company Accounts of other members. FitTech Company cannot and will not be liable for any loss or damage arising from your failure to comply with your obligations under this clause.

4. Uploading Content; Indemnity

Whenever you submit or upload any content onto our server (e.g., profile picture, text, etc.), you confirm and warrant that you are authorized to copy, reproduce, transmit, disseminate and make publicly available such content and that we are allowed to process the content. You further confirm and warrant that the content does not violate any applicable laws and that it does in particular:

1. not infringe any copyrights, trademarks, competition rights, personal rights or any other third-party rights,
2. not violate any laws for the protection of the youth or any criminal laws, and
3. not contain any incitement to commit or any instructions to perform a criminal act.

You grant to us a simple usage right for any content that you submit or upload onto our server (and the content contained therein) for the operation of the FitTech Company Website, the organization of FitTech Company events, the execution of your orders and the performance of any of your requests. We process the content automatically and without manual inspection. However, we reserve the right to examine the content submitted to determine its legality. If we believe, at our reasonable discretion, that any content is in violation of applicable laws or does otherwise conflict with the terms of these Terms and Conditions, we will be entitled to block and/or to delete such content without prior notice. We also reserve the right to file criminal charges.

Notwithstanding any other claims for damages, you agree to indemnify us, our employees, our affiliates and our affiliates' employees from and against any claims brought by third parties which claims are based on your submission or uploading of content to our server, on our use of such content in accordance with these Terms and Conditions and/or on the content's violation of any applicable laws or its infringement of any third-party rights.

5. Photographs and recordings

By purchasing a ticket, you expressly agree that FitTech Company may take photographs and make video recordings before and/or during the events of you as a visitor or participant of the FitTech Company events and publish and disseminate the same on the Internet, in print media or other media. With your approval, you expressly waive any claims for remuneration.

The commercial use of photos and footage taken by you at our events will require FitTech Company's clear agreement.

6. Prices, Payment, Delivery

All prices are displayed in Euro, British Pounds or United States Dollars and may include Value-Added Tax (VAT) and Administration Fees. Prices are due and payable immediately unless otherwise stated during the ordering process.

All event tickets purchased on the FitTech Company Website will be delivered to the Customer by email sent to the email address provided by the Customer.

FitTech Company does not control (and thus cannot disclose) fees levied by your bank and/or credit card company. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.

7. FitTech Company Refund/Cancellation Policy

Unless stated otherwise during the ordering process or in the ordering materials, Customers who purchase an event ticket may cancel their order and request a refund within two (2) weeks after the purchase of the event ticket was made, but not later than four (4) weeks prior to the event date.

Cancellations will only be accepted via email and must be received by the cancellation deadline stated above the latest. Cancellations received thereafter will not be eligible for a refund.

A cancellation fee of 15% of the initial ticket price will be applied to all cancellations.

In case of a partial refund request following a bundle purchase of several event tickets, an additional fee will be applied which equals the amount of the initial discount for the bundle purchase.

Refunds will not be available for registrants who simply choose not to attend an event without cancelling their order in accordance with our Refund/Cancellation Policy.

All refund requests must be made by the attendee (as stated on the event ticket) or the holder of the credit card which was used for the purchase of the event ticket.

Refund requests must include the name of the attendee and the transaction number.

If event tickets were paid by credit card, refunds will be credited back to the credit card
used for the payment.

As an exception, there is the possibility to transfer your ticket if it remains within the same category.

8. Cancellation or changes in FitTech Company events

FitTech Company shall be released from its duty to perform the contract in the event of force majeure. Force majeure shall be deemed to include all unforeseen events and events as to which neither party bears responsibility for the effects thereof on the performance of the contract. In the event of cancellation, any ticket fees already paid shall be refunded; liability for any further claims is hereby disclaimed, except in cases of intentional acts or omissions or gross negligence. In the event of changes in the dates or the place of the event, FitTech Company will notify you as soon as possible. You have the right to ask us for a refund of any ticket fees already paid during the two (2) weeks after our notification; liability for any further claims is hereby disclaimed, except in cases of intentional acts or omissions or gross negligence. After the two (2) weeks after our notification, we will understand that you no longer want to exercise your right to be refunded, and any refund of a ticket fee will not be possible.

9. Spam Policy

"Spam" refers to unsolicited, bulk or indiscriminate electronic messages typically sent for a commercial purpose. FitTech Company has a zero-tolerance spam policy. FitTech Company provides a facility that enables users to send private messages to other users. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purpose. If you receive any message that may be considered to be spam, please contact fittech@fittechcompany.com and the matter will be investigated.

10. Proprietary Rights

FitTech Company owns (totally or partially through arrangements with third parties) or licenses any content contained in the FitTech Company Website and/or any information presented to you through the FitTech Company Website. As a consequence, the exclusive exercise and exploitation rights of the same corresponds to FitTech Company in any form. Accordingly, the same is the exclusive property of FitTech Company and may be protected by national or international copyright, trademark, patent or other proprietary rights or laws. So, you agree to use them only for purposes that are permitted by these Terms and Conditions.

The trademarks, service marks and logos of FitTech Company used and displayed in connection with the FitTech Company Website, any information presented to you through the FitTech Company Website and/ or via other FitTech Company-related sites, apps, and/or communications are registered and unregistered trademarks or service marks of FitTech Company or its owners. Other company, product and service names used in connection with the FitTech Company Website may be trademarks or service marks owned by third parties. The offering of our Services will not be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed in connection with the FitTech Company Website without the prior written consent of FitTech Company specific for each such use.

FitTech Company’s trademarks, trade names, service marks, logos and service names (collectively, the "FitTech Company Marks") may not be used to disparage FitTech Company, any third parties, FitTech Company's or such third party's products or services, or in any manner that may damage any goodwill in the trademarks. The use of any trademarks as part of a link to or from any site is prohibited unless FitTech Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any FitTech Company Marks will inure to FitTech Company's benefit. Please note that if you copy portions of the FitTech Company Website you are violating these patent rights and copyrights.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the FitTech Company Website solely to browse our Services. Your use of the FitTech Company Website must be in compliance with these Terms and Conditions and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations.

Without limitations on other restrictions, limitations, and prohibitions that we impose, you agree you will not directly or indirectly:

1. Copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the FitTech Company Website,
2. Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the FitTech Company Website,
3. Rent, lease, resell, distribute, use the FitTech Company Website for other commercial purposes not contemplated or otherwise exploit the FitTech Company Website in any unauthorized manner,
4. Remove or alter any proprietary notices on the FitTech Company Website, or
5. Engage in any activity that interferes with or disrupts the FitTech Company Website.

11. Confidentiality and Liability

If you upload or submit content to us (e.g., photos, images or texts) such content will be processed as described in our Privacy Policy. We are not liable for any loss or damage of such contents. Thus, please always ensure that you keep a back-up copy of the content.

You agree and acknowledge that the FitTech Company Website may be unavailable due to a number of various factors including, without limitation, periodic maintenance (scheduled or unscheduled), acts of God, unauthorized access or technical failures. FitTech Company expressly disclaims any express or implied warranty regarding the use of the FitTech Company Website and/or its availability, accessibility, security or performance caused by such factors and shall not be liable for any direct or indirect losses or damages caused by your use or the non-availability or non-accessibility of the FitTech Company Website.

Notwithstanding the above and with regard to all claims arising in connection with the use or the non-availability or non-accessibility of the FitTech Company Website, our liability shall not be limited in cases of wilful intent or gross negligence and for damages resulting from an injury to life, body or health. Otherwise, in case of slight negligence, we shall only be liable for a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the fulfilment of which you may generally rely (breach of cardinal duties). In this case, our liability shall be limited to the foreseeable typical damage. The same applies in favor of our agents.

Additionally, to the extent permitted by applicable laws, or as otherwise set forth herein, FitTech Company and any person or entity associated with the FitTech Company Website (e.g., an affiliate, vendor, strategic partner, or employee) will not:

1. Have the obligation to verify and will not verify the identity of any FitTech Company
Account, nor the veracity, currency, completeness and/or authenticity of the data that they provide,
2. Control and be responsible for the content discharged by any FitTech Company Account through the FitTech Company Website, being they solely responsible for the legal adequacy of said contents,
3. Have the obligation to control and will not control the use that any FitTech Company Account make of our Services and, therefore, will not guarantee a proper use of the FitTech Company Website in accordance with the terms established in the present Terms and Conditions, nor that anyone make a diligent and/or prudent use of the same,
4. Be responsible for any security errors that may occur or for damages that may be caused to your computer system or mobile terminal (hardware and software), files or documents stored in the same, as a consequence of: (a) the presence of a virus in your computer system or mobile terminal as a consequence of the connection to the FitTech Company Website; (b) a browser malfunction and; (c) use of non-updated versions thereof, and
5. Be liable to you or any third party, for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if FitTech Company has been advised of the possibility of such damages).

12. Your obligations

You agree to the followings rules when you are using the FitTech Company Website:

1. Be responsible for having the necessary services and equipment for browsing the Internet and for accessing the FitTech Company Website.
2. Specifically, acquire the commitment to diligently observe the present Terms and Conditions.
3. If you are using the FitTech Company Website on behalf of a company, you represent and warrant that you have the authority to legally bind that company and grant FitTech Company all permissions and licenses provided in these Terms and Conditions.
4. Not to host, store, divulge, publish, distribute, or share any content that may imply an illegitimate intrusion, or infringement in any form of the rights based on the honor, image and personal and family privacy of third parties and especially of minors.
5. Not to alter or modify the FitTech Company Website, totally or partially, bypassing, deactivating, or manipulating any other functions or services thereof.
6. Not to infringe industrial and intellectual property rights or regulations for the protection of personal data.
7. Not to introduce computer viruses, defective files, or any other software that may cause damages or alterations in the contents or systems of FitTech Company or third parties.

Those who fail to comply with such obligations will be liable for any damage they cause. FitTech Company shall not be liable for any consequence or damage that may arise from such access or illegal use by third parties.

13. Termination

These Terms and Conditions apply to you as soon as you access the FitTech Company Website by any means. These Terms and Conditions may be terminated by either party with 10 days prior written notice (email sufficient). When that happens, these Terms and Conditions will no longer apply. In addition, FitTech Company reserves the right to terminate these Terms and Conditions and/or suspend your use of the FitTech Company Website (or any parts thereof) at any time if:

1. You violate or breach these Terms and Conditions,
2. You misuse or abuse the FitTech Company Website, or use it in a way not intended or permitted by FitTech Company, or
3. Allowing you to access and use the FitTech Company Website would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose FitTech Company to legal liability.

All provisions of these Terms and Conditions that by their nature should survive termination of them will survive.

14. Data Protection

As regards data protection, please refer to our Privacy Policy which explains how we collect, share, process and utilize your personal data.

15. Notices

Notices to you may be sent via email to the address registered in the FitTech Company Website. FitTech Company may also provide notices of changes to these Terms and Conditions other matters by displaying notices or links to notices to you generally on the FitTech Company Website.

16. Changes to these Terms and Conditions

FitTech Company may revise these Terms and Conditions at any time. If we make a material change to these Terms and Conditions, we will provide you the opportunity to review the changes before they become effective 30 days prior to the changes taking effect and inform you that your non-objection against the changes will qualify as your consent to the changes. You will then have 30 days to object to the changes. Your continued use of our Services after we publish, send a notice about our changes to these terms, and/or update the "Last modified" date at the top of this page means that you are consenting to the updated terms. If you object to any changes, you may close your account. Please check these Terms and Conditions from time to time in order to take notice of any changes that are made to these Terms and Conditions, as they are binding on you once they are in effect. We agree that changes cannot be retroactive.

17. Assignment

may, without your consent or approval, freely assign these Terms and Conditions and our rights and obligations under these Terms and Conditions whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

18. Jurisdiction

These Terms and Conditions and the legal relationships between you and FitTech Company GmbH created hereunder are governed solely and exclusively by German law, excluding the application of the UN CISG. If you are a merchant, a legal entity under public law or a separate estate under public law, the courts of Berlin will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms and Conditions.

19. Final Provisions

If any provision of these Terms and Conditions be or become invalid or incomplete, in whole or in part, the validity of the remaining provisions shall not be affected. Any such invalid provision or any gap in these Terms and Conditions shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of such invalid or incomplete provision.
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