General Terms and Conditions

(This is an English translation provided for your convenience. For legal reasons, the actual Privacy Policy is in German, and available here.)

General Terms and Conditions for Online Courses

1. Scope of the General Terms and Conditions

The following General Terms and Conditions (GTC) apply to all legal transactions with Vivian Dittmar (I), Biedersteinerstraße 4a, 80802 Munich, www.viviandittmar.net. Legal transactions can be concluded in various ways: via my website, by e-mail, by post, via my website or in person.

I offer online courses using these General Terms and Conditions (GTC). My GTC apply to the legal relationship between you and me through the use of my website.

I publish the products on my homepage (website). I do not offer any of these online courses for sale myself. To purchase the goods, you conclude a contract with the online platform digistore24. (You can find the link to the online platform here: https://www.digistore24.com).

My products are aimed at both entrepreneurs within the meaning of § 14 BGB and consumers within the meaning of § 13 BGB. A consumer is a natural person who concludes a legal transaction that is predominantly for private purposes and is predominantly neither self-employed nor commercial. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

The GTC shall also apply to all future business relationships, even if they are not expressly agreed again. Deviating GTC shall only apply if I have expressly agreed to their validity in writing.

The contract language is German.

2. Recordings of Zoom calls during online courses

I record Zoom calls, save them in my internal library and, if necessary, publish them in the closed room of the respective online course for use by all participants of this course. The recordings of the live calls will only be used and made available within the course. If you do not want to be heard or seen, you should turn off the camera, sound and chat. Please send your questions before the course to: support@lebensweise.net.

3. Right to make changes

As the responsible organizer, I reserve the right to make changes to the content, materials and course of the respective course at any time in order to optimize the content, if necessary and reasonable for the participants (for example, for content or methodological reasons).

4. Secrecy and Confidentiality

Obligation for the organizer and her team

I undertake to maintain confidentiality about all professional, business, and private matters of the participant that become known in the course of my professional activities, even after the end of the course. This duty of confidentiality also applies to all members of my team.

Obligation for participants

During the registration process, you expressly agree in advance to comply with your duty of confidentiality. This includes not disclosing confidential information and data concerning me, my team, or any participant, either in the course or to third parties, or providing information that does not contain names and data, but allows a person’s identity to be discovered. This applies within the course, in practice groups and private working groups as well as toward third parties.

Participants can be seen and heard in the material that is available to all participants after the respective course. This material is subject to the confidentiality of the participants and must be treated confidentially.
Personal experiences may be reported to other participants and to third parties, but no information may be given that would allow any person to be identified.

Participants may not share course access data with others.

5. Materials Made Available

Materials that are made available for download (video, audio, text) can be downloaded as often as you like for your private use. The materials are available for download for at least one year. This is a personal and non-transferable access to my online course. If you have any technical questions about using the online course, please contact support@lebensweise.net.

6. Legal Notice: Not Therapy, Not a Substitute for Therapy

The content on my website and the content of my events and courses, including all provided content and materials, are self-help offerings. They do not constitute medical treatment, therapy, healing, or diagnosis in the medical sense. Therefore, none of the offerings replace medical, therapeutic, or psychotherapeutic treatment. The offerings are intended for physically and mentally healthy individuals seeking to improve their quality of life. The application of the content is done at one’s own responsibility. Participants are encouraged to practice self-care as strong internal processes, feelings, and emotions may be triggered.

7. Subject Matter and Scope of Services

The user has the opportunity to buy my various products from digistore24 via my homepage with the redirection to the online platform digistore24. These may be books, digital content, services or other services. I save the text of the purchase contract concluded between you and digistore24 and you can view it and other orders in your user account.

The scope of my service depends on the product purchased.

The course format includes live group calls. There is no requirement to participate in all live calls. All live calls are recorded and made available to the participants of the course group. I will set the dates and communicate them in good time.

If the course is canceled early by the participant (more than 14 days after the launch of the course), there is no entitlement to a refund of the payment made.

8. Right to use the content or documents from the online course

The audio, video and PDF files and other documents may be accessed (downloaded) and printed by the participant for personal use only. Downloading and printing files is only permitted within this framework. In all other respects, I reserve all rights of use to the files and documents. This means that the materials and documents and also the knowledge imparted may not be made accessible to third parties, either free of charge or for a fee. The documents are also not intended for use in consultations by the participants. Also, no parts of my videos, group calls or the materials may be filmed/recorded. Therefore, in particular the making of copies of files or printouts for third parties, the forwarding or forwarding of files and documents to third parties or any other use for purposes other than personal study purposes, whether for payment or free of charge, during and after the end of the online course requires my express prior written consent. This also applies after the end, revocation or termination of participation. If forms of use are permitted on the basis of mandatory statutory provisions, they shall remain excluded from this reservation of consent.

9. Exclusion from a course

As the responsible organizer, I reserve the right to exclude a participant from further participation if there are important reasons for doing so. This could be, for example, if the rules agreed in these GTC are violated (e.g. breach of the duty of secrecy/confidentiality, disclosure of access data for a course, deliberate disruption of my event). In this case, no costs will be refunded.

10. Right of withdrawal and special cases

As a consumer, you have a right of withdrawal from the seller, for the instructions and the sample for a declaration of withdrawal I refer to the seller digistore24 (https://www.digistore24.com/page/terms, here especially AGB No. 7 ).

For online courses that last four weeks, the participant has the right to return the course within 14 days without giving reasons. For all other online courses lasting more than eight weeks, the right of return is 30 days.

If the booking is canceled within 14 days and the online course has already started during this period, you are only entitled to a pro rata refund of your costs. Services already rendered will then be deducted from the refund on a pro rata basis.

The special case right of termination remains unaffected. A special case right of termination exists in particular if our relationship of trust is permanently disturbed or if provisions of my GTC are violated.

11. Liability and Limitation of Liability

I undertake to carry out all agreed services carefully and to the best of my knowledge and belief. There is no guarantee of success in the provision of the service in my online courses. I provide options for action in my online courses. The responsibility for implementation lies solely with the participant.
I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the participant may regularly rely. In the latter case, however, I shall only be liable for foreseeable damage typical of the contract. I am not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, I am not liable for the constant and uninterrupted availability of the offer. I will announce regular maintenance windows.
All of the aforementioned limitations of liability also apply to the members of my team.

12. Online dispute resolution

The European Commission provides a platform for online dispute resolution (OS). In addition to the ordinary legal process, the platform can be accessed by the buyer at: http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. I do not participate in the dispute resolution procedure.

13. Place of Jurisdiction

The place of performance for all claims arising from the contractual relationship with you as an entrepreneur is Munich.

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich, provided that the customer is a merchant or has no general place of jurisdiction in Germany or in another EU member state, has moved his permanent residence abroad after these Terms of Use come into effect or his place of residence or habitual abode is not known at the time the action is filed.

In the case of consumers (Section 13 BGB), this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

If you are an entrepreneur, the exclusive place of jurisdiction for all claims arising from or due to the use of my website is my place of business. This also applies to persons who do not have a general place of jurisdiction in Germany, or persons who have moved their domicile or habitual residence outside Germany after conclusion of the contract, or whose domicile or habitual residence is not known at the time the action is filed.

14. Applicable Law and Exclusion Agreement

The law of the Federal Republic of Germany shall apply; the provisions of the UN Convention on Contracts for the International Sale of Goods and private international law shall not apply.

If you are a consumer and have your habitual residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

15. Amendment of These GTC and Validity of the Contract

These GTC may be amended if there is an objective reason for the amendment, such as adaptation of my offers, changes in legislation or case law. In the event of significant changes that affect you, I will inform you of the planned changes in good time and draw your attention to the 14-day right of withdrawal. Once this period has expired, my new GTC will have become an effective part of the contract.

Validity of the GTC: Should individual provisions of the contract be invalid, the validity of the remaining provisions shall remain unaffected and the scope of services shall be adjusted to the extent permitted by law.

16. Link to Privacy Policy

When browsing my homepage and in the registration process for a course, you have the opportunity to take note of my privacy policy on my homepage. You can also find my privacy policy here: https://campus.lebensweise.net/privacy-policy-2/.

You can also find the privacy policy of the seller digistore24 here (https://www.digistore24.com/page/privacy/1/).