Terms and Conditions (GTC)

1. Area of ​​application

1.1. The MAMIMOVES online portal for modern online pregnancy and postnatal training is an offer from MAMIMOVES AG (hereinafter: “MAMIMOVES”).

1.2. These general terms and conditions (GTC) apply to the contractual relationship between MAMIMOVES and the user (hereinafter: “user” or “you”) regarding the use of this offer. Differing general terms and conditions of the user do not become part of the contract, even if MAMIMOVES does not expressly contradict them.

2. Conclusion of contract and contractual relationships; registration requirements; Changes to the Terms and Conditions

2.1. The prerequisite for using the MAMIMOVES offer (paid usage packages and/or free trial offers or other services) is that the user is registered by MAMIMOVES. MAMIMOVES can offer the free trial of MAMIMOVES content or services during a test period either independently after free registration or in connection with the conclusion of a contract for a paid usage package. Regardless of any agreements to the contrary, there is no entitlement to a free test.

2.2. The contract is concluded when MAMIMOVES confirms the user’s registration (“registration”) or MAMIMOVES accepts the user’s order. MAMIMOVES can also declare confirmation of the user’s registration or acceptance of the order by activating the respective offer. MAMIMOVES confirms the order of a paid usage package in accordance with the legal provisions; This order confirmation does not constitute acceptance of the order.

2.3. The contractual provisions will not be stored by MAMIMOVES for the user, without prejudice to the fulfillment of the statutory information obligations.

2.4. The user must have unlimited legal capacity or act with the consent of his legal representative. In any case, he must be at least 16 years old.

2.5. MAMIMOVES is entitled to change these terms and conditions if the user agrees to the change. The user’s consent is deemed to have been given if Gymondo has notified the user of the proposed change to the General Terms and Conditions in text form no later than 6 weeks before the proposed date of entry into force and the user has not objected in text form within 6 weeks thereafter. MAMIMOVES undertakes to inform the user of the respective changes in the change notification and to make a special, highlighted note about the approval effect of a failure to object in a timely manner.

3. Scope of services

3.1. If a contract has been concluded for a paid usage package, MAMIMOVES will provide the agreed services. If MAMIMOVES also provides content and/or services voluntarily and free of charge, this is done without assuming a legal obligation to do so and MAMIMOVES is entitled to change, expand or restrict these services at any time.

3.2. The user is generally permitted to access the agreed content from MAMIMOVES within a geographical limit of Switzerland. It should be noted that the technical quality when accessing the content in other European countries can differ negatively compared to the domestic quality.

3.3. MAMIMOVES guarantees an availability of its online offering of 99% per calendar year. Failures for which MAMIMOVES is not responsible due to necessary maintenance work, due to force majeure, technical disruptions to the Internet or other reasons for which MAMIMOVES is not responsible are not included.

3.4 MAMIMOVES does not undertake to back up data for the user and does not assume any contractual representations, guarantees or warranties that go beyond the statutory provisions, unless otherwise agreed in individual cases.

4. Duties or responsibilities of the user, prohibited behavior

4.1. The user may only use the MAMIMOVES offer for his or her private purposes. Commercial or business use is prohibited.

4.2. The user undertakes to provide true and complete information when registering and to keep it up to date during the contract term by making adjustments or notifying MAMIMOVES.

4.3. Only one registration may be maintained per person at a time.

4.4. The user is obliged to keep his access data secret and not to pass it on to third parties. Passing on the possibility of using the registration and/or a paid usage package to third parties is prohibited.

4.5. The user is obliged to observe the statutory copyright and other rights that exist in the content of the paid usage packages and other content in the MAMIMOVES offering. He may not reproduce, distribute or make publicly accessible this content or remove technical protection measures or copyright or rights notices unless this is expressly permitted.

4.6. The user is responsible for providing hardware and software as well as a broadband Internet connection at his own expense to access the agreed content or services from MAMIMOVES’ offering.

4.7 If the user has a high-risk pregnancy and/or suffers from symptoms or illnesses that can lead to complications during the pregnancy or birth, the user may only use the MAMIMOVES offer for training if the safety has been certified by a doctor.

4.8 Mamimoves expressly points out that the user is obliged to obtain a doctor’s consent before using the sports programs.

5. Terms of payment, default, offsetting and right of retention

5.1. All agreed remuneration includes statutory sales tax. MAMIMOVES is authorized to send electronic invoices.

5.2. If a total payment is agreed for a specific period, the total amount is due at the beginning of the period, unless otherwise agreed. Otherwise, the agreed fees are due immediately, unless otherwise agreed.

5.3. Only the agreed payment method is permitted for payment. By agreeing to direct debit, the user authorizes MAMIMOVES to collect payments owed by him via the user’s specified account.

5.4. The user is only entitled to a right of set-off if his counterclaim against MAMIMOVES has been legally established, is undisputed or recognized. The user only has a right of retention if and to the extent that his counterclaim is based on the same contractual relationship.

5.5. If the user unjustifiably fails to fulfill a payment obligation due to MAMIMOVES, MAMIMOVES is entitled, after prior warning and without prejudice to other legal and contractual rights, to temporarily block the user’s access until the payment owed has been received. In this case, the contract term remains unaffected by the temporary blocking.

5.6. In accordance with the statutory provisions, the user must reimburse MAMIMOVES for the damages and necessary expenses (e.g. return direct debit costs) that MAMIMOVES incurs as a result of the user’s non-payment or late payment or other disruptions to payment by the user (e.g. unconscionable lack of funds in the account in the case of a direct debit mandate). unless the user is not responsible for this.

6. Contract term, automatic extension, termination

6.1. The contract for a paid usage package runs for the agreed term. After its end, it is automatically extended by the agreed term, but no longer than one year, unless the user or MAMIMOVES terminates the contract within the following period: 3 days before the end of the current term. Deviating from this, the contract can be terminated by either party at any time during a free trial period; In this case, a contract for the paid usage package that may have been ordered in connection with this free trial period also ends when this termination takes effect, i.e. no paid contract term follows this free trial period.

6.2. To be effective, the termination must be in text form. The user can also declare it online using the function provided in the user account.

6.3. The statutory right of both contractual parties to extraordinary termination for good cause remains unaffected. For MAMIMOVES, there is an extraordinary reason for termination in particular if the user intentionally provides false information when registering or ordering and/or later changing their data or has repeatedly violated these General Terms and Conditions, provided that MAMIMOVES unsuccessfully ensures compliance with the user’s contractual obligation in question before extraordinary termination has warned (warning).

6.4. If MAMIMOVES offers a free trial period for a paid usage package and is agreed with the user, the agreed contract term of the paid usage package is extended accordingly; In this case, the extended period runs first (possibly with a special right of termination for the user, if agreed) and then the regular term of the paid usage package.

7. Liability

7.1. MAMIMOVES is only liable for contractual and other claims of the user for damages to the user (1) that MAMIMOVES, its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) resulting from injury to life, body or health, which is based on a breach of duty by MAMIMOVES or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) which is caused by the breach of an obligation, the fulfillment of which is due Implementation of the contract is made possible in the first place and compliance with which the user regularly trusts and may rely on (so-called cardinal obligation) has arisen.

7.2. In cases (1), (2) and (3) of the previous paragraph, MAMIMOVES is liable for an unlimited amount. Otherwise, liability is limited to foreseeable damage typical of the contract.

7.3. In cases other than those referred to in paragraphs 1 and 2 and without prejudice to the following paragraph, MAMIMOVES’ liability is excluded, regardless of the legal basis.

7.4. The above limitations of liability apply accordingly to all bodies, employees and vicarious agents of MAMIMOVES. They do not change the legal burden of proof.

8. Final provisions, miscellaneous

8.1. There are no oral or written additional agreements.

8.2. If individual provisions of these General Terms and Conditions or the concluded contract are or become wholly or partially ineffective, the remainder of the contract remains effective. The statutory regulation shall replace the ineffective regulation.

8.3. Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

8.4. The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and MAMIMOVES is the registered office of MAMIMOVES, provided that the user is a merchant, a legal entity under public law or a special fund under public law. Without prejudice to this, MAMIMOVES remains entitled to sue the user at their legal place of jurisdiction.

8.5. In the event of complaints about Mamimoves, the user can at any time contact the European platform for online dispute resolution in consumer matters: https://ec.europa. eu/consumers/odr/

8.6 MAMIMOVES is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
– END OF THE TERMS AND CONDITIONS –

Cancellation policy

If you are a consumer, you have a right of cancellation as follows:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The right of withdrawal is 14 days from the day the contract was concluded.

To exercise your right of withdrawal, you must contact us (Mamimoves AG, Eichbühlstr. 23, 8004 Zurich, email: [email protected]) by means of a clear statement (e.g. a letter sent by post or email) of your decision to revoke this contract. You can use the attached sample cancellation form (see below), although this is not mandatory.

To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you revoke this contract, we have all of you Payments that we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than within 14 days on the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used in the original transaction, unless something different was expressly agreed with you; Under no circumstances will you be charged any fees for this repayment.

Further information

Your right of cancellation expires prematurely in the case of a contract for the delivery of digital content on a physical data carrier if you have expressly agreed that we will begin executing the contract before the cancellation period has expired and you have confirmed your knowledge that by agreeing to this lose your right of withdrawal from the start of execution of the contract.

In the case of a contract for the provision of services, the following applies: 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 up to the time at the time you inform us of your exercise of the right of cancellation with regard to this contract, the services already provided correspond to the total scope of the services provided for in the contract.

– END OF CANCELLATION POLICY –

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.