General Terms and Conditions of Golf-Professional Me and my Pro GmbH
§ 1 Recital(1)
(1) These General Terms and Conditions of Golf-Professional (hereinafter “T&Cs”) shall apply to all contracts concluded between Me and my Pro GmbH, Barmer Straße 44 D-45549 Sprockhoevel Germany, Tel.: +49-(0)202-94622347, Fax.: +49 (0)202 94622-348, e-mail: email@example.com (hereinafter “Provider”) and Golf Professional as well as with golf schools and golf academies (hereinafter “Golf Professional”). Any deviating conditions from the Golf Professional and/or golf schools/academies will not be recognized.
(2) The Provider reserves the right to amend these T&Cs at any time without notice. The current respective version of the T&Cs can be seen at www.meandmypro.de. Golf Professional shall be informed of any changes to the T&Cs by e-mail. The changes are deemed accepted if no objection is received within two weeks of notification.
§ 2 Scope of Service(1)
(1) The Provider shall provide a golf portal at www.meandmypro.de through which individuals, legal entities and private companies, after having registered an account (“Golf Professionals“), can showcase their company to golf students and offer their services online. In this respect, the golf portal functions both as a booking system with an individually defined manual and a personal organizer to manage training hours. The use of this service by Golf Professionals is chargeable. As an extra, the Golf Professional has the option of allowing his/her courses to be offered by the Provider on a public page (namely outside the secure log-in area for pros) on a commission basis (Keyword Marketing page/prosearch).(2)
(2) The Provider itself is merely a technical service provider. Unless otherwise specified (e.g. premium services), all contracts of any kind via the golf portal are only procured by the Provider and the Provider itself is not a contractual partner for contracts exclusively concluded between the Golf Professional and his/her golf students. The performance of contracts concluded via the golf portal is also exclusively regulated between the Golf Professional and his/her golf students. The responsibility for the rights and obligations involved when concluding contracts and the handling of existing rights and obligations remains exclusively with users, namely Golf Professionals and golf students. The Provider assumes no responsibility for the implementation or proper execution of contracts between Golf Professionals and golf students.(3)
(3) Me and my Pro GmbH is not technically able to determine beyond doubt whether a user registered on the MEANDMYPRO portal is actually the specified person in question. Me and my Pro GmbH therefore provides no guarantee of actual user identity..(4)
(4) The Provider is entitled to amend, limit, adjust or replace the content or services of the golf portal at any time, permanently or temporarily, as well as to add new content or services. These changes shall be regulated by the current T&Cs and notified to the Golf Professional via e-mail. The Golf Professional is assumed to implicitly agree to the further use of services, unless an objection is received within two weeks of notification.(5)
(5) Statements and explanations concerning the golf portal in advertising materials as well as on the website of the Provider are merely deemed to constitute a description and not to guarantee or warrant any specific properties. Statements concerning the object of performance are only deemed to constitute guarantees or warranties in a legal sense, if made expressly and in writing and including the wording “Guarantee“ or “Warranties“.
§ 3 Registration(1)
The Golf Professional must register to utilize the golf portal, which is done by opening an account via the website of the Provider, www.meandmypro.de. Registration is performed in this case via the button “Register as golf teacher“.(2)
The required details to be provided at registration include surname and first name, birthdate and e-mail address. Legal entities may only be registered by an individual authorized to represent the same, who must be named in person. The Golf Professional warrants that all details are complete and correct. The Golf Professional is obliged to immediately update any changes to its data online via www.meandmypro.de.(3)
During the registration, the Golf Professional selects a password, which may be changed at any time on the profile page of the Golf Professional via the tab “Account settings“. The Golf Professional can also re-request any forgotten password from the Provider. During the registration process, the Golf Professional is separately requested to confirm the T&Cs and data protection declarations of the Provider. These declarations shall be saved by the Provider. The Provider shall confirm the registration by sending an e-mail to the e-mail address specified by the Golf Professional. The Golf Professional activates his/her profile, by following the link in the confirmation e-mail sent by the Provider. The profile page shows the surname and first name of the Golf Professional, which he/she specified during the registration process.(4)
The Golf Professional is obliged to keep his/her password secret. If there is any suspicion that an account has been misused by third parties, the Golf Professional is obliged to inform the Provider immediately. The Golf Professional is liable for all activities carried out using his/her account.(5)
The Golf Professional can create a personal profile picture for his/her account. The Golf Professional is responsible for ensuring that his/her profile picture is appropriate, does not breach any copyright, branding and/or other rights and is not objectionable to the public. /p> (6)
Minors are prohibited from registering as Golf Professionals on the golf portal of the Provider.(7)
Accounts are not transferable and automated registrations are not permissible.(8)
The Provider reserves the right to check, filter, amend, withdraw and/or delete content, products and/or accounts within the golf portal. Improper use of the golf portal may lead to a temporary or permanent ban on access as well as immediate termination of the contractual relationship. The Provider shall determine when use is considered improper. The Golf Professional shall not re-register an account under such circumstances.
§ 4 Membership, Contractual Term, Termination
Contractual term of membership: Generally one year from the date of registration and confirmation, in the absence of any free trial period in accordance with § 10 para. 3; if a free trial period applies, the membership shall expire one year after the trial period ends. The membership shall be extended for further one-year periods, unless terminated by contacting Me and my Pro GmbH in writing or text form at least four weeks before the respective contract expiry.b)
Discounts for the students who have applied for the chargeable “ME Premium“ service of the Golf Professional: in accordance with price list
§ 5 Registration and Right of Withdrawal for Consumers
Registration for chargeable membershipa)
Select the “Register as golf teacher“ optionb)
Activate the profile by clicking on the link in the confirmation e-mailc)
Enter billing information (once the 14-day trial period has expired)d)
Select payment type
- Credit card
Data – checkf)
Cancelation instruction – T&Cs – read and confirm data protection regulationsg)
Confirm the button “Buy now“h)
Confirmation of receipt sent by Me and my Pro GmbH with submission of T&Cs, instructions concerning the right of withdrawal and the data protection declarationi)
Order confirmation by Me and my Pro GmbHj)
In the event of immediate acceptance by Me and my Pro GmbH, steps g) and h) may be combined.
************** Right of Withdrawal ****************
You can withdraw your contractual declaration within 14 days without specifying any reason in writing (e.g. by letter, fax, e-mail). The period commences on receipt of this notification in writing, but not before conclusion of the contract and also not before compliance with our information requirements in accordance with Article 246 § 2 in connection with § 1 para. 1 and 2 of the EGBGB (Introductory Law to the German Civil Code) as well as our obligations in accordance with § 312g para. 1 line 1 of the German Civil Code in connection with Article 246 § 3 of the EGBGB. Timely dispatch of notice of withdrawal shall suffice to meet the deadline. Withdrawal shall be sent to:
Me and my Pro GmbH
Barmer Strasse 44
Telefax: +49 (0)202 94622-348
Effects of withdrawal
In the event of an effective withdrawal, services already received by both Parties shall be rescinded and any benefits derived from the same surrendered. In the event that you cannot rescind or surrender the service or usage (e.g. benefits of use) received in whole or in part or only in a worse state, you may be required to pay compensation for the same. This may lead to circumstances whereby you are required to fulfil the contractual payment obligations for the period up to cancelation, regardless. Obligations to reimburse payments must be fulfilled within 30 days. Your period commences at the time of sending your notice of withdrawal and for us, with receipt of the same.(3)
Your right of withdrawal is excluded if the contract has been completely fulfilled by both Parties at your express request before you have exercised your right of withdrawal or the nature of the goods concerned means returning the same is unfeasible.(4)
Exclusion of the right of withdrawal
The right of withdrawal does not apply if, at the time of concluding the legal transaction, you are acting in a commercial or self-employed capacity and are therefore considered an entrepreneur (§ 14 of the German Civil Code). The right of withdrawal, with regard to Me and my Pro GmbH, does not apply to those contracts which are not concluded between you and Me and my Pro GmbH, but between you and a third party. Any right of withdrawal with regard to such contracts can only be asserted against the third party in question.
********* End of instructions concerning the right of withdrawal ********
§ 6 Rights and Obligations of the Golf Professional(1)
Under the existing T&Cs, the Golf Professional has a simple right to use the services of the golf portal, which is limited to the duration of the contractual term and not transferable to third parties. The Golf Professional shall only use the services of the golf portal in accordance with the existing T&Cs as well as the respectively applicable legal requirements.(2)
The Golf Professional is solely and personally responsible for complying with legal obligations and observing third-party rights in connection with his/her services and products offered via the golf portal and his/her own internet presence, particularly concerning obligations to keep his/her golf students informed.
The Golf Professional shall particularly refrain from the following:
- Using offensive, slanderous or deliberately false content and information and using, promoting, providing or disseminating content that glorifies violence, breaches youth protection legislation or is racist, pornographic, or otherwise discriminatory;
- Inconveniencing other users with SPAM or unwanted contact;
- Using content that is protected by law without permission, which constitutes a breach of e.g. copyright, brand-, patent-, design patent or utility patent law or promoting, providing, or placing on the market any other legally protected goods or services; and
- Undertaking or supporting anti-competitive practices, such as chain letters or pyramid selling.
The ban also applies to any actions which, even within the legally permissible scope, could be considered harassment by other users.
The Golf Professional is prohibited from using technical intervention, software or scripts to establish a link to the website, or block, change, copy or overwrite the same, particularly via “robot/crawler“ search engines, the use of which is expressly prohibited, publicly transmitting content of the website or engaging in any actions which are likely to hinder the functionality of the website and its infrastructure.
The Golf Professional shall, independently and as far as possible, compile a manual corresponding to the specifications of the software provided. The Golf Professional is solely responsible for aligning the booking system of the golf portal with his/her own general schedule management. The Provider disclaims liability for the accuracy of appointment booking by golf students of the Golf Professional. If the Golf Professional is unable to keep an appointment booked via the golf portal – regardless of reason – he/she shall be solely responsible for handling related arrangements with the golf students in question.(4)
The Golf Professional is solely responsible for ensuring that data posted on the golf portal (training hours, orders, travel bookings, etc.) is backed up on external data media, independently of the Provider. The Provider disclaims any liability for any loss of such data.(5)
Advertising products from third-party suppliers is only permissible with the prior approval of the Provider.(6)
The entitlement of the Golf Professional to use the golf portal and the services of the Provider only applies within the scope of the current state of technology. The Provider may temporarily limit the scope of services when required due to the implementation of technical measures, maintenance work or capacity limits.(7)
All third-party data which the Golf Professional receives when using the golf portal, must only be used for the contractually intended purpose, and any further sale of this data in particular is prohibited.
§ 7 Prices(1)
The golf portal offers chargeable services. Details of the individual user fees are included on the respectively valid price list.(2)
The Provider reserves the right to amend the prices of all services at any time. In the event that prices are increased, the Golf Professional is entitled to extraordinary termination of the contract to the end of the respective contractual term. If he/she opts not to assert this right and continues to utilize the services of the Provider after the date on which the change in price comes into effect, the change in price shall be binding for both contractual parties. Billing shall be implemented on the basis of the change in price.
§ 8 Payment Terms, Default and Offsetting(1)
The monthly user charges shall be levied at the start of each month by the Provider. All payments are due immediately and are strictly net. Payments are only deemed settled, if the Provider has access to the entire outstanding amount. Invoices shall exclusively be transmitted electronically and retained for download for a minimum period of one year.(2)
For buying on account, the payment can also be made by bank transfer; whereby if direct debits are returned, the Provider is entitled to levy an additional processing fee, the amount of which is based on the respectively valid price list. Pending bills of exchange and checks will not be considered as meeting the payment obligation.(3)
Complaints on the part of the Golf Professional concerning the invoiced amount or the contractual service of the Provider must be submitted in writing no later than 14 days after receipt of invoice to the Provider.(4)
For referral of customers pursuant to § 2 (1) applies, settlement shall be via the Provider. The Provider shall pay the course price minus the agreed level of commission in accordance with the price list within 14 (fourteen) days of the provision of the course to the account specified by the Golf Professional.(5)
Delayed payments are subject to a penalty interest rate of eight percentage points above the respectively valid basic interest rate of the ECB p.a.. The Provider reserves the right to assert further compensation claims for delayed payment damages.(6)
If the Golf Professional fails to make payment of the user fees for more than two months, the Provider is entitled to withdraw any services provided to the Golf Professional pending receipt of all delayed payments and to bar his/her access to the golf portal. Regardless of whether access is denied, the payment obligation of the Golf Professional remains unaffected.(7)
The Golf Professional shall only be entitled to offset fees, if the Gold Professional’s counterclaim has been legally established as final, is undisputed or has been acknowledged in writing by the Provider. The Golf Provider shall only be entitled to assert a right of retention, where claims result from the same contractual relationship.
§ 9 Responsibility for Content, Data and/or Information of the User, Availability(1)
The Provider is responsible for the content of these pages in accordance with general legislation.(2)
The Provider disclaims all responsibility for content, data and/or information provided by users on MEANDMYPRO as well as content on external website links.(3)
The user acknowledges that unrestricted availability of MEANDMYPRO at all times is not technically feasible. Despite the Provider’s best efforts, disruptions or temporary suspensions of service are possible, which the user expressly acknowledges.
§ 10 Liability, Indemnification
The Provider shall be liable pursuant to legal requirements only as follows:(1)
The Provider is liable for damages toward the Golf Professional only where damages are caused by actions involving intent or gross negligence on the part of the Provider, his/her employees, legal representatives or other vicarious agents. In the event of minor negligence, the Provider shall only be liable if key contractual obligations, so-called cardinal obligations, have been breached. Cardinal obligations are those obligations which the Golf Professional can reasonably expect to be fulfilled and where the proper execution of the contract itself is contingent on compliance with the same. The liability in this case is limited to typical and foreseeable damages. Liability for the loss of profit of the Golf Professional is excluded as well as all damages due to non-availability and/or disruption of the golf portal and/or loss of data for the Golf Professional. Liability for injury in accordance with the respectively applicable mandatory provisions of product liability law remains unaffected.(2)
The Golf Professional shall indemnify the Provider against all claims, including for compensatory damages and legal costs, which may be asserted by third parties against the Provider due to a breach of their rights by the content and products provided by the Golf Professional on the golf portal. This applies particularly to claims asserted against the Provider due to any breach of criminal, anti-competition, copyright and/or advertising provisions. If any third-party rights are violated by content of the Golf Professional, the Golf Professional shall, as decided by the Provider, either be required to procure an unrestricted right of use at its own expense for the Provider or amend the content in such a way as to eliminate any legal breach.(3)
The Provider disclaims any liability for ensuring that the services meet the requirements and/or expectations of the Golf Professional, that the services shall be available on an uninterrupted, timely, secure and error-free basis, that the results obtained from using the service shall be correct and reliable and that errors in the services shall be corrected.
§ 11 Start, Term and Termination of Contract(1)
The contract commences once the Golf Professional has clicked on the link in the confirmation e-mail of the Provider as part of the registration process and in accordance with § 3 paragraph 3 of these T&Cs and thereby activated his/her profile(2)
The Golf Professional may procure new services of the Provider during the contractual term. Following this procurement, the remaining term as per the former contract shall apply.(3)
The Golf Professional shall be granted a trial period free of charge after the initial registration. The Golf Professional may terminate the contract during this trial period without notice. The trial period commences at the same time the contract comes into effect in accordance with § 11 paragraph 1 of these T&Cs and ends after two weeks have elapsed, unless any other timing is specified. If there is no termination on the part of the Golf Professional during the trial period, the minimum term of the contract shall be twelve months from the end of the trial period.(4)
The contract may be terminated by either of the parties subject to a notice period of three months to the respective expiry date. Unless notice of such termination is received, the contract shall be automatically extended by a further twelve months.
Notice of termination must be sent to:
Me and my Pro GmbH
Barmer Straße 44
Telefax: +49 (0)202 94622-348
or via e-maill
The right of both Parties to extraordinary termination for cause remains unaffected. For the Provider, extraordinary termination for cause particularly includes circumstances whereby the Golf Professional deliberately provides false details at the time of registration or when ordering and/or subsequently amending his/her data, breaches legal provisions or his/her contractual obligations in accordance with these general terms and conditions, if the presence of the Golf Professional seriously compromises the reputation of MEANDMYPRO or the Golf Professional harms other users.(6)
If extraordinary termination for cause is applicable, MEANDMYPRO may also apply the following sanctions, irrespective of any termination:
- Deletion of content provided by the Golf Professional
- Blocking of access to MEANDMYPRO or to individual applications
- Issuing a warning
Any claim of the Golf Professional to repayment of advance payments already made is excluded, unless the Golf Professional is terminating the contract for cause for which MEANDMYPRO is responsible. Claims for repayments of advance payments already made are excluded, regardless of circumstances, if MEANDMYPRO terminates the contract for cause or has blocked access to the Golf Professional.(8)
In the event of contract termination, all data provided by the Golf Professional shall be deleted within the legal deadlines. The Provider disclaims any liability for any loss of data on the part of the Golf Professional due to the contractual termination.
§ 12 Copyright and Usage Rights(1)
The content and works created by MEANDMYPRO and provided on these pages are subject to German copyright law. The copying, processing, distributing and any other type of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private and non-commercial use. Third-party copyrights shall be respected if the content on these pages was not created by MEANDMYPRO.(2)
The Golf Professional is not entitled to remove, conceal and/or amend any legal notices (e.g. copyright or trademarks).(3)
For the duration of the contractual relations, the Golf Professional grants MEANDMYPRO an irrevocable right of use, unrestricted by time and space, transferable to third parties, non-exclusive and free of charge to the content provided in the course of use, as required for the purpose of fulfilling its contractual obligations.
§ 13 Place of Jurisdiction and Final Provisions(1)
If the Golf Professional is a merchant, a legal entity as defined by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of the Provider. The same applies for all persons who have no general place of jurisdiction in Germany or persons who, after concluding the contract, maintain a residence or usual place of abode outside Germany or for whom the residence or usual place of abode is unknown at the time the action is filed.(2)
If any individual provision of these T&Cs is invalid, all other conditions shall remain valid.(3)
The contractual language is German.(4)
Legal disputes arising out of or in connection with this contract shall be exclusively governed by German law, excluding any deviating legal standards.
Version: March 2015