§ 1 Content of On-line Offering
(1) Coachimo.de, henceforth “Coachimo“, is an on-line platform, on which consumers and entrepreneurs, henceforth “users“, can initially register for free. There are users, who provide a service, henceforth “Coach“, and users, who are searching for a service, henceforth “Coachee“. When registering, every user is, for the time being, a Coachee. Every user is free to get activated as a Coach. Every user can look for a suitable Coach.
(3) The Coachees can do a targeted search for Coaches, in which case Coachimo will not provide any guarantee whatsoever that there will be a successful placement between Coach and Coachee. The Coachees can alternatively post job offers and in this manner do a target search for suitable Coaches that would be able to help them achieve their specific goals.
(4) The Coachees can post so-called reviews on the services provided by the Coaches, by means of which the Coaches are evaluated for everyone to see.
(5) Coachimo reserves the right to, in future, offer fee-based services, the scope and duration of which will depend on the offer applicable at the time of the posting.
§ 2 Registration
(1) The access to the utilization of any offer of Coachimo is subject to registration.
(2) Natural persons may only register if they are of age. /The prerequisite for registration is the completion of one's 15th year.
(3) The user is required, when registering, to provide accurate details, and also to keep his data up to date after registration. A user may not transfer his account, or make it available to a third party in some other way. A user may not transfer, or otherwise make his account available, to a third party.
(4) The user is also required to enter accurate information in his profile, and other areas of the platform.
(5) The user affirms that he has not been previously convicted of a criminal offence against sexual self-determination (§§ 174 ff. StGB), against the life (§§ 211 ff. StGB), against the physical integrity (§ 223 ff. StGB), against the personal freedom (§§ 232 ff. StGB), of theft and theft and embezzlement (§§ 242 ff. StGB) or of robbery and extortion (§§ 249 ff. StGB).
§ 3 Deregistration and Termination
(1) A user can deregister himself from the platform at any time and without providing a reason.
(3) Coachimo also then reserves the right, whenever it terminates any individual use of the Coachimo platform, to inform other registered users who are in contact with the respective user about this. The decision of Coachimo to deregister a user and/or notify further users, does not imply any statement about the individual character, the general reputation, or the lifestyle of the respective user.
(4) After termination of the contractual relationship between Coachimo and the user, all data of the user is deleted, unless there are legal or contractual retention periods that prevent this.
§ 4 Liability
(1) Coachimo does not accept any responsibility for the content and the accuracy of the details in the registration and profile data of the user as well as other content generated by the user. Coachimo also does not accept any liability for any misuse of the information.
(2) Coachimo merely provides the ability to search for Coaches. With regards to the services search for, or offered, the contract is established exclusively between the respective participating users. The same applies to the placement of Coaches by means of the so-called bulletin board with unspecified job offers. Coachimo cannot make any statements with regards to the services offered and does not accept any liability for services of the respective user. All issues in with regards to a service offered or received or its payment, is to be resolved between the respective users. Coachimo cannot be held responsible for this and hereby always rejects all liability claims of whatsoever nature, including receivables, services, direct or indirect damages of any kind, whether consciously or unconsciously, suspectedly or unsuspectedly discovered or not, of whatsoever nature, relating to the matters indicated.
(3) No damage compensation claims may be made against Coachimo. From this is excluded claims for compensation of the user from the injury of the life, the body, the health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages which are based on an intentional or grossly negligent breach of duty on the part of Coachimo or an intentional or negligent breach of duty on the part of a legal representative or agent of Coachimo. Essential contractual obligations are those, the fulfilment of which are necessary for achieving the objective of the contract. Coachimo is not responsible for the achievement of a specific business result.
(4) In the case of a breach of more substantial contractual obligations, Coachimo only accepts liability for the foreseeable damage typical of the contract, if this was a case of simple negligence, unless, if it has to do with damage compensation claims of the user arising from the loss of life, the body, or health.
(5) Coachimo does not accept liability for unauthorized data requests for personal user data by a third party (for example through “hacking“ of the database). Coachimo also does not accept liability for the misuse of user information by a third party, which was made available to the third party by the users themselves.
(6) The operator reserves the right to review content, as well as texts and video and audio material posted by users in compliance with legal provisions and, if necessary, delete it either entirely or partially. Coachimo is however under no explicit obligation to review such content or material.
§ 5 Availability of Coachimo
(1) The availability of the services and content may be subject to fluctuations. The provision is at the sole discretion of Coachimo.
(2) Coachimo explicitly does not provide any guarantee or warranty in terms of the availability of the services and content.
(3) Coachimo still reserves the right to either temporarily or permanently cease or change the services at any time.
§ 6 User responsibilities and obligations
(1) User are required to provide only accurate information when registering and providing other content. Users are solely responsible for the information provided by them. Coachimo does not accept liability for false, inaccurate, incomplete, or inappropriate information posted by users. The user provides assurance that the data provided by him is consistent with the true state of affairs. The user guarantees, that all the content posted by him has the corresponding rights.
(2) The user has the right and hereby provides Coachimo and all associated companies, partner companies, licensees and successors an irrevocable, non-exclusive, free-of-charge, worldwide right of use, replication, application, display, reproduction, adaptation, modification and distribution of the content, that the user may make available on the website. The user declares, that he does not injure or violate any third party rights through the publishing of the content and the usage thereof on the part of Coachimo.
(4) The undertakes to exempt Coachimo from any such complaints, damages, losses, or claims, that may result from a culpable, improper registration of the user and/or the use of the services. This refers in particular to the reasonable costs that may be necessary to provide a proper defense against the claim.
(5) The user undertakes to treat all e-mails and other messages confidentially and to only make them available to third parties with the explicit previous permission of the sender. This also applies to gilt also for names, telephone and fax numbers, addresses, e-mail addresses as well as Internet URLs.
(6) The user undertakes not to use the service in an abusive manner, and in particular not to disseminate on Coachimo any defamatory, offensive, or in any other way illegal material or information. This applies in particular to pornographic, racist, inciting or similar content. The user undertakes not to use Coachimo to threaten other users, harass them, or to violate the rights of third parties. The user undertakes not to use the service provided by Coachimo to threaten or harass other people or to violate the rights (including personal rights) of third parties. The user additionally undertakes, not to upload any data, that contains a virus (infected software) or software or other material, that is protected by copyright, unless, the user thereof is in possession of relevant rights or required permissions. The user undertakes to upload as profile picture a photograph, on which his own face can be seen. The user may not upload any photographs, that do not show the user but another person, which shows comic figures, animals, landscapes, etc., which includes e-mail addresses or internet addresses, or which contains pornographic, defamatory, offensive or in some other way illegal content.
(7) The user undertakes not to use any mechanisms, software, scripts or other tools in conjunction with the use of the service, which may restrict or hinder the functionality or accessibility of Coachimo. The user is not allowed to change, overwrite, delete, or in other way manipulate any of the content posted by Coachimo. The user undertakes not to intercept any system messages and e-mails that are intended for other users. The user undertakes not to post or send any e-mails or chain letters or offers for products or services, that are not directly related to the intended purpose of Coachimo.
(8) Without restricting the above, the use of the website and/or Coachimo services by a user, and in particular of the content posted by him, are to take place in accordance with all applicable laws and regulations.
(9) In the case that any of the above mentioned behavioral obligations are not met, this can lead to both a cancellation of the contract as well as a deletion of the accounts of the user by Coachimo, as well as civil and criminal consequences for the user himself. Coachimo explicitly reserves the right to exclude the user from the platform, should he violate the guidelines upon registration or at some other later point in time violate the guidelines.
(10) The user undertakes to inform himself of the legislative provisions with regards to the provision of, and compensation for, Coaching and teaching and training programs (for example with an accountant, the health insurance schemes, pension funds and professional associations) and to take the required measures and comply with the corresponding regulatory requirements. Coachimo does not provide any help with this and hereby explicitly condemns illegal employment.
§ 7 Intellectual property
(1) The website is the property of, and is operated by, Coachimo. All brands, logos and other labels, that appear on these websites, are owned by Coachimo or licensees of Coachimo. Without explicit written permission from Coachimo, their images on this website do not give the visitors any implicit nor explicit license or right to the brands.
(2) The reproduction, dissemination, amendment or usage of the content of these websites for any purposes other than personal, non-commercial purposes is only allowed with the previous written permission of Coachimo. Coachimo reserves the right, to prosecute any violation against the intellectual property rights to the full extent of the respective law. If necessary, this also includes criminal measures.
§ 8 Third Party Involvement
Coachimo is entitled to commission a third party to provide some or all of the relevant services.
§ 9 Data Protection
The Data Privacy Statement, that can be accessed by clicking on Data Protection applies to the use of this website.
§ 10 Jurisdiction, applicable law; severability clause
(1) The companies agree that the location of Coachimo will be the relevant place of jurisdiction.
(2) German law applies to the exclusion of the UN Sales Convention.
In accordance with Article 6(2) of Regulation (EC) No 593/2008 (“Rome I”), this choice of law does not have the result of depriving a consumer of the protection afforded to him by the mandatory consumer protection law applicable in the country where the consumer has his habitual residence, provided that Coachimo pursues his commercial or professional activities in that country, or, by any means, directs such activities to that country or to several countries including that country, and the contract falls within the scope of such activities.