Terms and conditions for the use of Wild Garden
1. introduction
We, Wild Garden GbR, pursue a great vision: We want to help people to fully realize their potential and live life on their terms. Our courses, products and services make a sustainable contribution to this. Wild Garden focuses on health, fitness, job, wealth, and happiness. Wild Garden's products and services are characterized by being based on scientific findings, being designed and or taught by real-life experts, and a community of people with similar goals. We look forward to welcoming you as part of the Wild Garden community.The following Terms and Conditions set forth the legal framework for the use of Wild Garden and the services we offer. Please read the terms and conditions carefully.
2 Scope
2.1 Contracting party and subject matter
These terms and conditions form the basis for the user agreement between you and us, Wild Garden GbR, Rheinsberger Str. 76/77, 10115 Berlin (hereinafter referred to as "us" or "we"). The subject of this contract is the use, free of charge or against payment, of the services offered by us under the name Wild Garden via our website www.wildgarden.io, other Wild Garden websites or via our software applications (hereinafter individually the "Wild Garden Service" and collectively the "Wild Garden Services" or generally "Wild Garden"). If you would like to use a mobile app to use the Wild Garden Services, please see www.wildgarden.io to see if we offer a mobile app for your device or for the operating system of your device.
2.2 Prerequisite for Participation
Prior to opening a user account and using the Wild Garden Services, you must be 18 years of age and have full legal capacity.Wild Garden is directed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. The use of Wild Garden for commercial or other commercial purposes is expressly prohibited.
2.3 Supplementary conditions
We reserve the right to agree on supplementary conditions for individual Wild Garden services. However, we will inform you about this in due time before the use.
3. Wild Garden Services and Prices
3.1 Services against payment and free of charge
The scope of the Wild Garden services contained in Wild Garden and usable by you depends on whether and which Wild Garden services you use against payment or free of charge. If you use the Wild Garden Services free of charge, you will only have access to limited functions and information of the respective Wild Garden Service that are designated as free of charge. An extended range of functions is available to you if you have certain content (such as a course or a training program) activated separately for the respective Wild Garden Service for a one-time payment or as part of a subscription.Please note that for the full use of some Wild Garden Services, aids or training equipment (such as a laptop, fitness equipment, dumbbells or pull-up bars, etc.) are required. These are not part of the Wild Garden Services and may have to be purchased or provided by you separately and at your own expense.In the case of nutrition coaching, please note that the food recommended as part of the coaching is not part of the Wild Garden Services and must be purchased by you separately and at your own expense.
3.2 Prices
Please check the website www.wildgarden.io for the current price and subscription models and the then usable services. All prices quoted include the applicable sales tax.
4. Your Health
4.1 Health Requirements
You use Wild Garden services at your own risk.A prerequisite for the use of Wild Garden's sports and fitness services is in any case a good general state of health. If you are aware of any pre-existing medical conditions, we strongly recommend that you seek medical advice before you start using Wild Garden services (i.e., for example, training or coaching). This is especially true if you have any knowledge of one or more of the following conditions/diseases/interventions:
- Cardiovascular disease,
- Pulmonary or respiratory disease (including asthma),
- Spinal and/or joint problems,
- Neuromuscular disease,
- Surgical procedures,
- Other health limitations.
In the case of nutrition-related Wild Garden services, it also applies that you must check on your own responsibility whether the ingredients or substances contained therein may trigger intolerances or allergies in you before consuming the foods recommended as part of a coaching or guide.For our female users, it also applies that the training and coaching sessions offered by us should not be used by pregnant or nursing mothers.In general, the following applies: pay attention to the signals of your body. If you have any doubts about your health prior to or during your use of Wild Garden (for example, if you experience significant pain, general discomfort, shortness of breath, nausea, or dizziness), consult your physician before beginning or continuing Wild Garden.
4.2 Not a Substitute for Medical Advice
The services and information provided through Wild Garden and the Wild Garden Services are neither medical nor medical advice. Nor is it a substitute for medical examination or treatment.
4.3 Exercise/Meditation/Sleep/Nutrition Methods
Fitness, meditation, sleep and/or nutrition advice is subject to constantly evolving scientific knowledge. Even if we base our recommendations on current studies and findings, we do not guarantee that they correspond to the latest research results or findings.
5. User account
To use some Wild Garden services, you must first register and open a user account. It is sufficient to open a user account once, even if you want to use different Wild Garden services. You can open a user account either directly on the Internet at www.wildgarden.io or (in the future) via one of our mobile apps. You may not use any domain names or web URLs in your username without Wild Garden's prior written permission. You will be asked to accept these Terms and Conditions and the Privacy Policy as part of the registration process. After registration, for security reasons, we will first send you an email asking you to verify your registration. You will then be redirected to a website where we will confirm the registration. Alternatively, you can also register with your Facebook, Google or Apple account. In this case, the registration process is completed when you have entered the account details of your corresponding account and then click on the "Confirm" field.
6. Conclusion of the contract
How the respective contract is concluded depends on the way you register for Wild Garden for the first time and whether you make use of additional paid services.
6 .1 Registration on the Internet at www.wildgarden.io
When registering via our website www.wildgarden.io, the contract of use between you and us is concluded after the registration process has been fully completed.
6.2 Registration via mobile apps
When registering via mobile apps, the conclusion of the contract of use depends on the rules of the respective provider of the store (e.g. Apple, Google, Sony, etc.). As a rule, the contract is concluded when you click on the install field in the respective store and, if required, enter your password. Please note that the use of these Wild Garden services still requires the opening of a free user account at Wild Garden.
6.3 Conclusion of the contract for paid one-time services or subscriptions
You can purchase individual services either by paying a one-time amount or within a subscription. If you purchase the service (e.g. a course or coaching) via our website www.wildgarden.io, the contract is concluded when you click on the "Buy now" button or a similar button and successfully enter your payment information. If you purchase the service via your mobile app, the contract is concluded when you click on the "Buy now" field or a comparable field as part of an in-app purchase and, where required, enter your password for the respective app store.
6.4 Correction of input errors
If you wish to purchase a one-time service or subscription on our website www.wildgarden.io, you can cancel the process at any time and correct any input errors until you have successfully entered your payment data.If you wish to purchase a one-time service or subscription via in-app purchase using one of our mobile apps, we do not request any further billing or payment data from you, as you purchase the service via your account with your app store provider. If you change your subscription (e.g. in the form of an upgrade), Wild Garden or the respective store provider (e.g. Apple) will terminate your existing subscription (hereinafter "original subscription") and your newly selected subscription (hereinafter "upgraded subscription") will start immediately and will be active for the period you have selected. You will have immediate access to all features and content provided with your upgraded subscription. If you have concluded your original subscription via Wild Garden, the purchase price already paid for the remaining contract period of this subscription will be proportionately credited to the purchase price of the updated subscription. If you purchased your original subscription through Apple, Apple will refund you a pro-rata amount of the purchase price paid for the remainder of the term of that subscription. You will receive your updated subscription at the price shown to you at the time, which Apple will charge you in full.If you purchased your subscription through the Google Play Store:
In the event of a contract change, your original subscription will automatically end. The Google Play Store will credit you with unused amounts for the upgraded subscription under the original subscription. Once this credit is used up, the Google Play Store will automatically renew your subscription at the price of and for the payment interval you selected.Thereafter, your subscription will automatically renew each time for the period of the minimum term you selected until cancelled by you or by us. With the automatic renewal of the updated subscription, you will then be charged the full price for the subscription.
7. Term
7.1. User Agreement
The user agreement concluded between you and us with the opening of a user account is valid for an indefinite period.
7.2. One-time Services
One-time services can be offered for a fixed term. They will then end automatically at the end of the term without the need for cancellation.
7.3 Subscriptions
Our subscriptions are offered with different minimum terms and will be automatically extended by the period of the selected minimum term until cancelled by you or by us. We would like to point out that the 14-day right of cancellation only applies to new contracts and does not apply to automatically extended subscriptions. To avoid misunderstandings, please note that the duration of a subscription is based on the calendar and is independent of the duration and extent of your use of the respective Wild Garden service.
7.4 Special features for consumers with regular residence in Germany
If you, as a user with regular residence in Germany, take out a subscription from March 1, 2022, your subscription will automatically be extended indefinitely after the end of the selected term. However, you can cancel the extended subscription at any time with a notice period of no more than one month to the end of the respective billing period.
8. Terms of payment
8.1. Collection of fees
If you purchase services by paying a one-time amount, the fees will be collected upon conclusion of the contract.If you purchase a subscription, the fee will be collected in advance for the respective minimum term at the time of conclusion of the contract. If the subscription is automatically renewed, the fee shall be collected in advance at the beginning of the respective renewal period. If the fee is collected via iTunes, the fee will be collected 24 hours before the beginning of the respective billing period.
8.2 Delay
We reserve the right to assert further claims due to delayed payment.
9. Means of payment
If you purchase Wild Garden services via in-app purchases, the billing will be done by the provider of the respective store. Please ask the provider which means of payment are available. If you purchase Wild Garden Services via our website www.wildgarden.io, an overview of the payment methods accepted by us is available on our website.If we incur costs and/or expenses when a payment is rejected and you are responsible for this (e.g. because the account is not covered or the limit of the credit card is already exhausted), we are entitled to charge you the actual amount of the costs and/or expenses incurred.If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you payment by installments for a fee. This fee is charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that in the event of a revocation, we can therefore not refund these fees to you.We reserve the right, if there is a legitimate reason for each purchase, not to offer certain means of payment and to refer to other means of payment.
10. Right of revocation
10.1. revocation instruction
If you conclude a user contract or a contract for a one-time service or a subscription with us, you have the following right of revocation in each case. You have the right to revoke the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. Please note that certain products are sold exclusively in packages. These product packages are non-divisible services, so that a partial revocation is excluded. Of course, you are free to revoke the contract with regard to the entire product package.To exercise your right of revocation, you must inform us of your decision to revoke the contract by means of a clear declaration (e.g. a letter sent by mail or an e-mail):
Wild Garden GbR
Rheinsberger Str. 76/77
10115 Berlin
support@wildgarden.io
If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such revocation. To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. Consequences of revocationIf you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you incur fees when using a payment method (e.g. purchase on installments), which are charged directly by the respective payment method provider and must be paid to them accordingly, these fees are excluded from reimbursement by us in the event of a revocation. If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
10.2. Expiry of the right of withdrawal
The right of withdrawal shall also expire in the case of a contract for the provision of services if we have provided the service in full and have only begun to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us. The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if we have begun performance of the contract after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon commencement of performance of the contract.
11. Special actions and promotions
Wild Garden always offers various actions, sales and promotions such as referral programs. Wild Garden users learn about the promotions via the newsletter and are informed about the status. The promotions are not a fixed part of the Wild Garden offer and are usually limited in time. There are separate terms and conditions for the promotions, which can be viewed and retrieved upon information and participation.
12. Liability for defects
12.1. Legal provisions
The legal provisions apply to claims based on defective performance. Your rights as a consumer remain unaffected in any case.
12.2 No guarantee
We give no assurances or guarantees that the result you want will be achieved by using the respective Wild Garden service. We do not owe a concrete success. In addition, the result is also influenced by factors that cannot be controlled, such as predispositions and preconditions, so that the result can vary greatly for different people despite the same use of the Wild Garden services.
13. Liability
13.1 General
If you are provided with instructions (e.g., for specific exercises or workouts) as part of our Wild Garden Services, you must comply with those instructions or you may be subject to injury or health risks.
If you use any equipment or devices for the exercises or workouts, it is your responsibility to ensure that such equipment or devices function properly and are installed or set up properly.
You are required to comply with our health warnings in Section 4.
13.2 Liability for services provided free of charge
In the case of services provided free of charge, we are liable, regardless of the legal reason, only for damages due to intent and gross negligence or the lack of a guaranteed feature. In the case of intent, our liability is generally unlimited. In the event of gross negligence and the absence of a guaranteed characteristic, our liability shall be limited to the typical, foreseeable damage. In all other respects, our liability is excluded.
13.3 Liability for services rendered against payment
In the case of services rendered against payment, we shall be liable, irrespective of the legal grounds, for damages due to intent and gross negligence or the absence of a guaranteed characteristic, in principle without limitation.If we violate an essential contractual obligation with slight negligence, our liability shall be limited to the typical, foreseeable damage. An essential contractual obligation is any obligation that is necessary for the fulfillment of contractual purposes and on the fulfillment of which you as a consumer can or could have relied.Our liability in the event of injury to life, limb or health for which we are responsible remains unaffected by the aforementioned limitations.Otherwise, our liability is excluded.
13.4 Liability of our employees
To the extent that our liability is excluded or limited, the exclusion or limitation also applies to the benefit of our employees and agents.
13.5 Product liability
Claims under the Product Liability Act remain unaffected by the above exclusions or limitations of liability.
14. Rights of use to Wild Garden content
The services offered by us include, depending on which services you are activated for, or which you have purchased, copyrighted or otherwise protected content to which we are entitled to the corresponding rights. We grant you a simple and non-transferable right to use this content in non-commercial form within the framework of the contractual provisions. For the avoidance of doubt, we would like to point out that you are not permitted to distribute our content or make it publicly available, e.g. on websites outside the Wild Garden websites. The right to use expires when you are no longer activated for the respective service (e.g. after cancellation of your subscription and expiration of a one-time service) or with the termination of the user relationship.
15. Responsibility for user-generated content
15.1. No responsibility for third-party content
You are solely responsible for content that you upload within the Wild Garden services. We do not adopt it as our own and do not review it. You are prohibited from advertising commercial websites or other products through your user account.
15.2 No Infringement
You are required to comply with all applicable laws and regulations of the Federal Republic of Germany when providing your own content. Irrespective of whether this constitutes a criminal offense, it is generally prohibited to provide content that is of a pornographic, sexual, violent, racist, inciting, discriminatory, adult, insulting and/or defamatory nature.Furthermore, you are obligated not to violate the rights of third parties. This applies in particular to personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). In particular, you must also be the owner of the necessary rights to your profile picture and other photos posted by you.We are entitled at any time without prior notice to delete or remove content that is illegal or violates the aforementioned principles. If you violate the aforementioned principles, we are entitled to warn you or to temporarily block your user account or to terminate the user agreement for good cause in accordance with section 16.3.
15.3 Indemnification
In the event that you violate the principles set forth in section 15.2 and are responsible for this (i.e. you have acted either negligently or intentionally), you are obligated to indemnify us against claims by third parties based on such a violation. The indemnification also includes the costs of a reasonable defense. You are obligated to assist us in clarifying the facts in dispute. We reserve the right to assert claims for damages and other claims.
16. Termination of contract
16.1. user contract
You have the right to delete your user account at any time and without giving reasons and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your profile. Please note that after deleting your user account, all content and services you have posted will be deleted or could be deleted by us and you will also no longer have access to content you have already purchased. If, at the time of deletion of your account, you still have a current subscription or have booked a service whose term has not yet ended, any amount already paid by you will not be refunded - not even on a pro rata basis.
We are entitled to terminate the user agreement without giving reasons by giving two (2) weeks' notice in text form, but no earlier than the end of the minimum term or the respective renewal period of your subscription and/or the end of the term of a service paid for once.
16.2 Subscription
Each subscription to a Wild Garden Service must be cancelled individually. You may cancel the respective subscription without giving any reason at any time, effective at the end of the minimum term or at the end of the respective renewal period. Subscriptions purchased on our website www.wildgarden.io can be cancelled by sending an email to support@wildgarden.io or by post. Subscriptions purchased in-app must be cancelled in the settings of the respective store. If your subscription fee is collected via iTunes, a notice period of 24 hours to the end of the minimum term or to the end of the respective renewal period applies, in deviation from the aforementioned for technical reasons. After termination of a subscription, your user account as well as further subscriptions remain valid, subject to further termination.
We are entitled to terminate each subscription at the end of the minimum term or at the end of the respective renewal period with a notice period of two (2) weeks in text form.
16.3 Termination for cause
The right to terminate for cause remains unaffected for both parties. In particular, we are entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user agreement and/or these General Terms and Conditions or are in default with your payment obligations despite a reminder.
17. Data protection
We process your personal data in accordance with our data protection provisions, the current version of which can be found on our website at www.wildgarden.io. The data protection provisions govern in particular the processing of your personal data by us. In particular, the Privacy Policy regulates and explains to what extent your personal data is visible to other users and what options you have to control the disclosure to other users.
Privacy Statement:
I agree that at the beginning of my Wild Garden Journey or as long as I do not make any changes to the Privacy Settings, all Wild Garden users, even without separate permission, can view my profile, my training data, my posts, etc. This is to make it easier for me to contact other Wild Garden users. This is to make it easier to follow me and/or support me on my Journey by commenting and cheering me on. If I no longer want this, I can set my Privacy Settings to "Private" at any time, which will only allow selected people to access the aforementioned information.
18. Online Dispute Resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order first out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/Verbraucherinformation: Non-participation in a dispute resolution procedure.We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our e-mail address in the imprint.
19. Changes to the General Terms and Conditions
We reserve the right to change and adapt these General Terms and Conditions with effect for the future if this is necessary due to changes in the legal, regulatory or technical framework and the changes are reasonable in good faith, taking into account your interests. We will notify you of the changes by e-mail at least two (2) weeks before the new version of the General Terms and Conditions is scheduled to take effect. If you do not object to the validity of the new General Terms and Conditions within this period and you continue to use Wild Garden, the new General Terms and Conditions shall be deemed accepted. In case of objection, we expressly reserve our ordinary rights of termination. We will also inform you separately about your right of objection, the deadline for this and the legal consequences of your silence or objection.
20. Final Provisions
20.1. Applicable Law
Between the parties German law is exclusively applicable under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it concerns mandatory consumer law provisions.
20.2 Place of jurisdiction
If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have become effective, or if your place of residence or usual place of abode is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
20.3 Contractual language
The contractual language is German.
20.4 Severability clause
If individual provisions of these General Terms and Conditions are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
21. Supplier information
Wild Garden GbR
Rheinsberger Str. 76/77
10115 Berlin
Germany
E-Mail: support@wildgarden.io
22. Storage option and inspection of the contract text
These General Terms and Conditions can be viewed at www.wildgarden.io. If you want to save these General Terms and Conditions permanently on a data carrier, you can download them free of charge. Please consult the instructions for your browser software if you need help saving them.
Version October 1st, 2022
