Terms & conditions
Terms and conditions of use of https://kalambay.com/
General Note: The following terms and conditions of https://kalambay.com/ are intended for use with our international customers for whom we do not provide localized terms and conditions.
We want to help people all over the world to release their full potential, both physical and mental, and to become the strongest version of themselves. We provide the most important prerequisites with our various products and services to this end. We focus on efficiency and motivation and accompany our users intensively on their journey from the very beginning. https://kalambay.com/ distinguishes itself with a strong and motivating user community that supports and encourages each other online. We look forward to welcoming you to the https://kalambay.com/ community.
The following terms and conditions define the legal framework for the use of https://kalambay.com/ and the services we offer. Please read these terms and conditions of use carefully.
2. Scope of application
2.1 Parties to the contract and object of the contract
These terms and conditions form the basis of the contract of use between you and us. The object of this contract is the use, free or paid, of the services we offer under the name of https://kalambay.com/ via our website.
2.2 Conditions of participation
To open a user account and use the services of https://kalambay.com/ you must be at least 18 years of age and have full legal capacity.
https://kalambay.com/ is exclusively intended for consumers. The legal definition of a consumer is any natural person who enters into a legal transaction for reasons that cannot be primarily attributed either to his commercial or independent activity. The use of https://kalambay.com/ for commercial purposes of any kind is expressly prohibited.
2.3 Additional conditions
We reserve the right to accept additional terms and conditions for the various services of https://kalambay.com/. However, we will inform you in good time before use.
3. Services and prices from https://kalambay.com/
3.1 Free or Paid Services
The scope of the services included in https://kalambay.com/ and the https://kalambay.com/ services that you may use depends on the type of https://kalambay.com/ service and whether you use the services for free or for a fee. If you use the Services free of charge, you only have access to certain basic functions and information of the relevant https://kalambay.com/ service. A wider range of functions is offered to you if you activate the respective content modules (such as a training program) separately against a one-time payment or as part of a subscription to the respective https://kalambay.com/ service.
Please note that in order to make full use of some of the Services, certain training equipment and tools (such as gym equipment, dumbbells or a weightlifting bar) may be required. They are not part of the services and must be provided or purchased separately at your own expense.
In the case of nutritional coaching, please note that the foods offered as part of the coaching are not part of the services and must be provided or purchased separately at your own expense.
Please visit https://kalambay.com/ for information on current pricing and subscription models and the services they include. All prices shown include applicable VAT.
4. Your Health
4.1 Conditions related to your health
Use of the services of https://kalambay.com/ is at your own risk.
In any event, use of https://kalambay.com/ services is subject to the condition that you are in good general health. If you are aware of any pre-existing medical conditions, we advise you to consult a physician urgently before starting to use the https://kalambay.com/ services (such as training or coaching). This is especially true if you are aware of one or more of the following medical complaints/conditions/procedures:
lung or respiratory disease (including asthma),
problems of the spine and/or joints,
any other health problem
In the case of the nutrition-related services of https://kalambay.com/, you are responsible for verifying that the foods and nutrients recommended in the accompaniment or guide do not contain ingredients or content to which you are allergic or that may cause a food intolerance.
In addition, our female athletes should note that pregnant women and nursing mothers should not follow the training and coaching we offer.
The following general rules apply: Listen to what your body is telling you. If you have any doubts about your health (for example, if you are experiencing severe pain, general discomfort, shortness of breath, nausea or dizziness), consult your doctor before using https://kalambay.com/ for the first time or during your stay, or if you have any doubts about your health (for example, if you are experiencing severe pain, general discomfort, shortness of breath, nausea or dizziness), consult your doctor before starting or continuing to use https://kalambay.com/.
4.2 There is no substitute for medical advice
The services and information offered by https://kalambay.com/ do not constitute medical advice or a doctor’s opinion. Nor do they substitute for a medical examination or treatment by a physician.
4.3 Training/dietary methods
Fitness and/or nutrition counselling is subject to constantly evolving knowledge in relation to health sciences, nutritional sciences and sport sciences. Although we base our nutritional training and advice on current studies and knowledge, we do not guarantee that it reflects the latest research findings or knowledge.
5. User account
5.1 Registration Process
6. Conclusion of a contract
How the respective contract is formed depends on the method by which you register at https://kalambay.com/ for the first time and whether you register for additional paid services.
6.1 Online registration on the website
When registering on our website, the user agreement between you and us is formed after the registration process is fully completed.
6.2 Conclusion of a contract for additional one-off paid services or for subscriptions
You can purchase individual additional services either by paying a one-time fee or as part of a subscription. If you purchase the relevant additional service through the website, the contract is formed when you click on the “Buy Now” field, or a similar field, and successfully enter your payment details.
6.3 Correction of input errors
If you wish to purchase a one-time additional service or subscription on our website, you can interrupt the process at any time and correct any errors until you have successfully entered your payment data.
7. Term of validity
7.1 User Agreement
The contract of use concluded between you and us once you have registered your account is valid for an indefinite period of time.
7.2 Additional one-time services
Additional one-time services may be offered for a limited period of time. They will then end automatically at the end of the term without the need to cancel them.
Our subscriptions are offered with variable minimum validity periods and are automatically renewed for the same minimum duration that has been chosen until you or we cancel them.
In order to avoid any misunderstanding, please note that the duration of a subscription is determined by the calendar and is independent of your use or extent of use of the respective https://kalambay.com/ service.
8. Terms of payment
8.1 Collection of Fees
The fees are collected upon conclusion of the contract for the purchase of additional services by the payment of a single sum. The fee is collected for the minimum period concerned when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the beginning of the relevant renewal period.
8.2 Failure to Pay
We reserve the right to assert further claims in the event of late payment.
9. Methods of payment
If you purchase https://kalambay.com/ paid services through our website, you pay by credit card.
If we incur costs and/or expenses because a payment is refused and it is your fault (e.g. because the account is insufficient or the credit card limit has already been used up), then we are entitled to charge you for the costs and/or expenses actually incurred.
If there is a legitimate reason, we reserve the right, for each purchase, not to offer certain payment methods and to specify alternative payment methods.
10. Right of withdrawal
10.1 Withdrawal Policy
If you have concluded a contract for the use of https://kalambay.com/ or purchased a one-time additional service or subscription, you have the following right of withdrawal in each case.
You have the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period runs for 14 days from the conclusion of the contract.
In order to exercise your right of withdrawal, you must send us a message to firstname.lastname@example.org.
unequivocal notification (for example, a letter sent by mail, fax or email) of your decision to terminate the contract. In order to comply with the withdrawal period, it is sufficient to send us the notification of your wish to exercise your right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you cancel the contract, we are obliged to refund all payments we have received from you, including delivery charges (except for any additional charges resulting from your choice of a delivery method other than the cheapest standard delivery method we offer), promptly and at the latest within 14 days from the day we received notification of your cancellation of the contract. For this refund, we will use the same payment method that you used for the original transaction, unless a different arrangement has been expressly agreed with you; in no case will you be charged for this refund.
If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount, equal to the proportion of the services that have already been provided at the time you inform us that you are exercising your right to withdraw from the contract in relation to all the services covered by the contract.
Termination of the withdrawal policy
10.2 Forfeiture of the right of withdrawal
In the case of a contract for the provision of services, the right of withdrawal lapses if we have provided the service in its entirety and have only begun to perform it after we have received your express agreement and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had fully performed the contract.
In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if we have begun to perform the contract after you have given your express consent and simultaneously confirmed that you knew that you would lose your right of withdrawal once we had begun to perform the contract.
11. Special offers and promotions
https://kalambay.com/ always has different offers, sales and promotions such as reward programs. Users of https://kalambay.com/ can stay informed of these offers via our newsletter. Sales are not a fixed part of the https://kalambay.com/ product range and are normally only offered for a limited time. There are separate terms and conditions for these offers.
12. Liability for defects
12.1 Statutory Provisions
Statutory provisions apply to claims due to defective services. Your rights as a consumer are in no way affected.
12.2 Exclusion of Warranties
We make no representations or warranties that use of the services of https://kalambay.com/ will provide the training or other results you desire. We do not promise concrete success. Furthermore, the actual training result will depend on factors that cannot be influenced, such as physical layout and prerequisites. Therefore, the results may vary greatly from person to person despite the same use of the services of https://kalambay.com/.
To the extent that guides or instructions are provided to you in connection with the services of https://kalambay.com/, it is imperative that you follow them. If you do not, you risk injury to yourself and your general health.
To the extent that you use training equipment or tools, it is your responsibility to ensure that such equipment and tools are in good working order and are properly installed and/or adjusted.
You must observe and comply with our health and safety instructions set out in Clause 4.
13.2 Liability for Services Provided Free of Charge
For services provided free of charge, we are liable, regardless of the legal basis, exclusively for damages due to intentional or grossly negligent conduct or the lack of a guaranteed characteristic. Our liability shall not be limited in the event of intentional fault. In the event of gross negligence or the absence of a guaranteed feature, our liability is limited to reasonable and foreseeable damages. Otherwise our liability is excluded.
13.3 Liability for Services Provided for Payment
In the case of services provided for a fee, we have, irrespective of the legal basis, an unlimited liability in principle for damages due to intentional or grossly negligent behaviour or the lack of a guaranteed characteristic.
If we violate an essential contractual obligation due to slight negligence, our liability is limited to reasonable and foreseeable damages. A material contractual obligation is any obligation which is necessary for the fulfilment of the subject matter of the contract and which you can or should be able to rely on as a consumer.
Our liability for injury to life, body or health which is our fault remains unaffected by the above limitations.
Otherwise our liability is excluded.
13.4 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
13.5 Product liability
The aforementioned exclusions or limitations of liability do not affect claims arising from the German Product Liability Act.
14. Rights of use on content
Depending on which services have been activated for you, or which services you have purchased, the services we offer contain content that is protected by copyright or other rights and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the framework of the contractual provisions. For the avoidance of doubt, we draw your attention to the fact that it is in particular prohibited to distribute our content or make it available to the public, for example on websites other than https://kalambay.com/online/conditions-generales-de-vente/. The right of use expires when your access to the respective service is no longer permitted (e.g. after termination of your subscription) or when your user agreement expires.
15. Liability for user-generated content
15.1 Exclusion of liability for third-party content
You are solely responsible for the content that you publish in the services of https://kalambay.com/. We do not accept any responsibility for this content, nor do we control it. You may not advertise commercial websites or other products through your user account.
15.2 Compliance with legal provisions
When you provide your own content, you are responsible for complying with all applicable laws and other legal provisions in the United Kingdom. Regardless of whether it constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or defamatory in nature.
In addition, you are also required to refrain from infringing the rights of third parties. This applies in particular to the personality rights of third parties as well as to the intellectual property rights of third parties (such as, for example, copyrights and trademark rights). In particular, you must also hold the necessary rights to your profile picture or any other picture that you publish.
We are hereby authorized to remove or delete any content that is illegal or contrary to the above-mentioned guideline at any time and without prior notice. If you violate the aforementioned guidelines, we are entitled to issue you with a warning or temporarily block your user account or terminate the user agreement for good cause in accordance with clause 16.3.
If you breach the principles mentioned in clause 15.2 and it is your fault (i.e. because you acted negligently or intentionally), you are obliged to indemnify us against any claims from third parties arising from such breach. This indemnification also includes the costs of an appropriate defense. You are required to assist us in clarifying the matter at issue. We reserve the right to assert claims for damages and other claims.
16. Termination of the contract
16.1 User Agreement
You have the right to terminate your user account at any time without giving reasons, which also terminates your user agreement. To do so, simply select the necessary settings in your profile. Please note that after termination of your user account, we will or may delete all content and training results that you have added, and you will no longer have access to content that you have already purchased. If, at the time of deletion of your account, you still have a current subscription or have booked an additional service that has not yet expired, any amount you have already paid will not be refunded, even on a pro-rata basis.
We have the right to terminate the User Agreement without giving reasons, upon two (2) weeks’ written notice, but no earlier than the end of the minimum contract term or the end of the respective renewal period of your subscription and/or the end of the term of any Additional Service for which you have paid a one-time fee.
Any subscription to a https://kalambay.com/ service must be cancelled individually. You may cancel the respective subscription without giving reasons at any time, effective at the end of the minimum contract period or at the end of the respective renewal period. You may cancel any subscription purchased via our website by selecting the appropriate setting in your user profile. You may also cancel your subscription by sending an email to email@example.com or by post. Your user account and any other subscriptions will continue to exist after you cancel your subscription.
We are entitled to terminate your subscription at the end of the minimum contract term or the end of the corresponding renewal period, upon two (2) weeks’ written notice.
16.3 Cancellation for Cause
The right to cancel for good cause remains unaffected for either party. In particular, we are entitled to terminate your user contract or subscription with immediate effect, and to terminate your user account, if you seriously or repeatedly violate the provisions of the user contract and/or these general terms and conditions, or if you are in arrears with your payment obligations.
17. Personal data
In your profile settings, you can configure who can see your information such as your user profile, training data, jobs, training spots, etc. (Privacy Settings).
I agree that at the beginning of my journey on https://kalambay.com/ and provided that I do not change my privacy settings, all users of https://kalambay.com/ may view my profile, training data, messages, training spots, etc. without special permission. This makes it easier to follow me and/or support me in my journey with comments and motivations. If I no longer wish to do so, I can set my privacy settings to “private” at any time, which only allows certain athletes to access the information specified above.
18. Online Dispute Resolution
The European Commission offers a platform for out-of-court arbitration of disputes. It gives consumers the possibility to settle disputes related to their online orders out of court.
Consumer information: Non-participation in dispute resolution procedures.
We are neither willing nor required to participate in any dispute resolution procedure before a consumer arbitration board. Our email address is located on our company information page.
19. Changes to the General Terms and Conditions
We reserve the right to modify and adjust the terms and conditions with future effect if the legal, regulatory or technical environment so requires, and if such changes are reasonable and take your interests into consideration. We will notify you of changes by e-mail no later than two (2) weeks before the new version of the General Terms and Conditions of Business comes into force. If you do not object to the validity of the new General Terms and Conditions within this period and continue to use https://kalambay.com/, the new General Terms and Conditions will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary termination. We will also inform you again separately about your right to object, the time limit for doing so and the legal consequences of your objection or lack of objection.