Version: [10 / 2023]
1. Subject matter of the contract, scope of the agreement
1.1 MIND SPORTS CLUB (“MINDS SC”) offers online services through https://mindsc.com (“Platform”).
1.2 Registration via https://mindsc.com is required in order to use the Platform. Upon registration, a confirmation email will be sent to the email address provided by the User. The registration is not complete until the User confirms the registration.
1.3 Upon confirmation of the completed registration process by MIND SC, a contractual relationship is established between MIND SC and the User. This contractual relationship is governed by the provisions of these General Terms and Conditions (“GTC”).
1.4 The user of these GTC is MIND SPORTS CLUB represented by the managing director(s)
MIND SPORTS CLUB
contact@mindsc.com
2. Services offered by the Platform and requirements for the usage of Services
2.1. The Services of MIND SC consist of
(i) the brokerage of contacts between Users (“Coaches”) who offer paid services (“Consulting Services”) and Users (“Athletes”) who wish to make use of these Consulting Services, and
(ii) the provision of means of communication for Coaches and Athletes for a digital delivery of Consulting Services (such as sports psychology consulting services or coaching).
2.2 MIND SC acts exclusively as a broker of contacts and provider of digital communication channels and ensures the technical availability of the Platform. MIND SC has no knowledge about the content of the Consulting Services.
2.3 All registered Users receive their own user account for an unlimited period of time. Athletes can delete their user account at any time without providing any reason.
2.4 Users must provide a valid e-mail address, in particular for correspondence purposes with MIND SC, and agree to receive legally relevant communications at this email address.
2.5 By registering, Users agree to the collection, processing and usage of their personal data in accordance with MIND SC’s privacy policy. Detailed information on data processing can be found in the MIND SC privacy policy (available at https://mindsc.com/privacy-statement/ ).
2.6 Users agree that they are legally allowed to enter into this contract and any subsequent contracts when booking and using the Consulting Services. Specifically, Users agree that they have reached age of majority or alternatively have received consent of the parent/legal guardian. Damage resulting from the lack of age of majority or the lack of consent of the parent/legal guardian shall be borne exclusively by the user or the parent/legal guardian.
2.7 For Coaches that are based in the European Union, the Coach acknowledges that MIND SC is a Platform operator as defined in the Platform Tax Transparency Act. To comply with this act, MIND SC needs to share information about the provided Consulting Services on the Platform with the authorities. This information includes personal data as well as monetary information. The Coach already accepts the transfer of this data for the purpose of complying with the Platform Tax Transparency Act.
2.8 Coaches who are certified sports psychologists have the possibility to upload this certification via the platform. MIND SC verifies the qualification and in case of a successful verification indicates the certification in the coach’s profile.
2.9 The contact initiation between Coaches in the partner network of MIND SC and Athletes takes place within the Platform. Athletes can submit a legally binding request for a consultation appointment to the Coaches. The Consulting Service can only be provided after MIND SC has confirmed the order. There is no legal claim to the use of the services of MIND SC. MIND SC is entitled to refuse the booking request without stating reasons.
2.10 With the confirmation of the booking request by MIND SC, Athlete and Coach conclude a consulting contract. The consulting contract exists solely between the Coach and the Athlete and the Consulting Services are provided exclusively between the Coach and the Athlete. Rights and obligations as well as claims arising from a Consulting Service and the information provided therein shall exist exclusively between the Coach and the Athlete.
2.11 With the submission and confirmation of the booking request, (personal) data of the Athlete might be submitted to the Coach. This could include but is not limited to First Name, Last Name, Date of Birth, Address.
2.12 Information provided by the Coach in the context of the Consulting Services via the Platform is not suitable or intended to replace therapy/treatment for mental illnesses.
2.13 The Coaches commit themselves to offer Consulting Services only to the extent that they are qualified to provide and permitted by law. If Coaches provide Consulting Services for which they do not have the necessary qualifications, MIND SC will have the right to immediately exclude these Coaches from the Platform after becoming aware of the incident and MIND SC reserves the right to take legal action. MIND SC is not liable for Consulting Services that were carried out without the appropriate qualifications.
2.14 There is no right to be advised by a specific Coach.
3. Remuneration, terms of payment
3.1 Consulting Services on the Platform are always subject to a fee. Payment by the Athlete shall be made via a payment provider on the Platform.
In the course of registering on the Platform, Athletes expressly agree to the payment terms of MIND SC within this GTC.
3.2 If no separate payment conditions have been agreed upon, payment is due immediately upon the booking request, the latest within 7 calendar days after receipt of the electronic order confirmation by the Athlete. The invoice amount must be credited to the relevant recipient of payment by the due date at the latest. In the event of late payment by the Athlete, MIND SC will charge statutory interest on arrears starting on the 8th day from the invoice date, unless higher costs have been incurred. The costs associated with the collection, reminder, information and other costs shall be borne by the Athlete. Use of the Services shall be excluded for the duration of any default in payment.
3.3 Payment by the Athlete is made via a payment provider who only discloses the data of the paying User to MIND SC.
3.4 Payment methods accepted are card payment, direct debit, PayPal, Klarna, Apple Pay, Google Pay and vouchers. The accepted payment methods are subject to change and depend on the payment provider.
3.5 If an Athlete does not cancel an appointment in due time, meaning not at least 24 hours before the appointment takes place, 50% of the invoice amount will be retained as a cancellation fee.
3.6. If the booking is not confirmed and thus no service is provided to the Athlete, the processed payment will be refunded to the Athlete within 30 days of the booking request.
3.7 The Athlete may only offset claims against MIND SC if they have been recognized by MIND SC or have been legally established.
4. Quality assurance and non-tolerated behavior
4.1 Athletes can evaluate the Coaches in order to ensure quality standards. False evaluations, insults or discrimination are prohibited and may lead to the exclusion of the Athlete on the Platform and the removal of the evaluation.
4.2 Coaches may not advise Athletes acquired through MIND SC, i.e. Athletes with whom no consulting contract existed prior to the use of the MIND SC Platform, outside of the Platform without the permission of MIND SC. Should a Coach do so, the damage caused to MIND SC is to be compensated by the Coach. In addition, MIND SC reserves the right to take further legal action.
4.3 If, in the course of a Consulting Service, a Coach should come to the conclusion that
– there is a need for a different Consulting Service of the Athlete for which the Platform is not suitable, or
– the advice given to the client is not appropriate for the intended purpose
he/she shall immediately inform MIND SC about this circumstance (the “Report”). The Notification will be made anonymously, using an abstract user identification number (User ID). In this case, the further use of the services by the Athlete(s) concerned is not possible or, in agreement with the Coach, only possible to a limited extent.
5. Encryption
All communication in the course of the Consulting Service via the Platform between Athlete and Coach is encrypted. MIND SC has no access to the contents of the communication. For this, MIND SC uses an encryption system (hereinafter referred to as “Encryption”). Through the Encryption, an individual (access) code/key (the “User Key”) is already assigned to the Coaches and Athletes in the course of registration on the Platform. Any direct communication between Athletes and their Coaches is then carried out exclusively by means of encryption, which ensures the confidentiality of the exchange.
More information on the usage and processing of data can be found in the Privacy Policy (available at [link]). The disclosure of a User Key as well as its use by MIND SC always requires the consent of the Athlete. MIND SC can only demand the release of a User Key for the identification of the Athlete in cases of claims by MIND SC against the Athlete (e.g. in the case of non-payment of the Services). In this case, the necessity and purpose of the disclosure must be documented and explained to the affected Athlete.
6. Content Rights / Liability for Content
6.1 Content” means all information and data as well as media (e.g. videos, music, sounds, texts, photos, images, graphics, drawings, software, hyperlinks) that are made available to the Athletes by MIND SC (“MIND SC Content”) or by Coaches (“Coach Content”) on the Platform or that the Athletes upload to the Platform themselves (“Athlete Content”).
6.2 The rights to Content made available to Athletes (including the design and layout and the source code of the Website and the Services) are held solely by MIND SC, the Coaches or third parties who have licensed the Content to MIND SC. MIND SC grants the registered Athletes the limited, non-exclusive, non-transferable and non-sublicensable right to use the provided Content exclusively within the scope of the Services and for private use. The Athlete is not entitled to use the provided Content for any other purpose beyond the intended private use.
6.3 MIND SC does not guarantee that the Coach Content is correct, up-to-date, free of errors, in compliance with all applicable legal provisions and/or free of third party rights. MIND SC’s warranty and liability for damages in connection with Coach Content is excluded to the extent permitted by law.
7. Exclusion of warranty and liability
7.1 MIND SC is only liable for itself or its vicarious agents for damages that occur due to gross negligence or intent; liability in this regard is governed by the statutory provisions. Liability for damages due to slight negligence, as well as for consequential damages, lost profits, loss of data or other indirect or incidental damages are excluded.
7.2 The limitations of liability stipulated in this Section 7 shall apply to all contractual and non-contractual claims. Liability based on statutory provisions (e.g. personal injury) shall remain unaffected.
7.3 The Services may contain hyperlinks to third-party websites. If the User accesses third party websites, he/she does so at his/her own risk. Users hereby accept that MIND SC is not responsible for the content, functionality, information, accuracy and legality or any other aspects of external websites. MIND SC shall not be liable for any damages or losses incurred by the user through or in connection with the use of such hyperlinks or the external websites referenced by such hyperlinks.
7.4 MIND SC does not guarantee permanent, error-free and uninterrupted access to the Platform and does not assume any warranty for this. MIND SC is not liable for short-term interruptions, changes or termination of the Service or certain functionalities. MIND SC is not liable for disruptions or impairments that are not within the sphere of MIND SC. The User is responsible for regular updating the software he/she uses, regular data backup, up-to-date virus protection and effective firewall systems.
7.5 MIND SC is not liable for claims arising from the consulting contract between Coaches and Athletes. Consulting Services are performed exclusively between the Coach and the Athlete.
7.6 MIND SC is not liable for quality problems and connection interruptions that are beyond the technical control of MIND SC and for which MIND SC is not responsible.
8. Technical requirements
8.1 For the usage of the Services, internet access as well as an appropriate end device including browser are required, which have the technical capacity to graphically display the Platform. The costs incurred by the User in connection with the usage of the service for internet data traffic are to be borne by the User.
8.2 MIND SC does not guarantee protection against viruses, trojans, spyware etc..
9. Amendment of the GTC and Services
9.1 We are constantly working to improve our Services and therefore the scope of Services and Service functionality may change. The current version of the GTC is always available on the website at [link].
9.2 MIND SC has the right to change and/or amend these GTC at any time, especially if this is required by law or if the Service changes significantly. Changes and/or additions will be brought to the attention of Athletes in each case by means of a notification sent to the e-mail address provided by the User to MIND SC and/or when logging in to the website.
Consent to the changes and/or additions shall be deemed to have been granted unless the User objects to the change within 4 weeks of receipt of the change notification by email.
9.3 In the event of an objection by the User to the notified changes and/or additions, the contract between MIND SC and the User shall be terminated at the next possible time.
10. Duration and termination of contract
10.1. The contractual relationship is concluded for an indefinite period.
10.2. Athletes have the right to terminate the contractual relationship at any time without notice. Any open and already confirmed bookings, claims or liabilities shall remain unaffected.
10.3 Coaches have the right to terminate the contractual relationship with a notice period of 2 months. Any open and already confirmed bookings, claims or liabilities are not affected by this.
10.4. MIND SC has the right to terminate the contractual relationship with a notice period of two months. MIND SC is also entitled to terminate the contractual relationship with immediate effect for good cause. An important reason is in particular a violation of these GTC.
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11. Miscellaneous
11. Changes and/or additions to these GTC must be made in writing. This shall also apply to any waiver of the written form requirement. Email is considered to be the written form; messages from MIND SC to the Users are sent to the email address provided by the User during registration or in the course of updating the User account.
11.2 German law shall apply exclusively. The exclusive place of jurisdiction is, as far as legally permissible, Berlin.
11.3 If Users are dissatisfied with the Services for any reason, they may contact MIND SC at any time by using a chat functionality within the Platform. We will respond to these requests as soon as possible.
11.4 Should individual provisions of this contract be invalid, the validity of the remainder of the contract shall not be affected.
