Imprint / Legal Notice
Metabolic Balance GmbH & Co. KG
Bgm.-Hallwachs-Str. 8
D-84424 Isen
Telefon: +49 (0)8083 - 9079-0
Telefax: +49 (0)8083 - 9079-19
E-Mail: team@metabolic-balance.com
Managing Director: Birgit Funfack
Headquarter: 84424 Isen
Register Court: Local Court of Munich
HRA 97601
Erding Tax Office
VAT-ID: DE 279646775
Data protection officer: Oliver Dauphin, info@derdatenschuetzer.com
Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
For our email address, please refer to the one above.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Disclaimer
Liability for contents
As a service provider, according to sec. 7 para.1 TMG (German Telemedia Act), we are responsible for our own contents on these pages according to the general laws. But according to sec. 8 to 10 TMG (German Telemedia Act), as a service providerm we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activities.
Obligations to remove or block the use of information in accordance with the general laws remain unaffected. However, liability in this respect may only be assumed from the moment when we learnt about a respective infringement. As soon as we become aware of such infringements, we will remove these contents immediately.
Liability for links
Our offer contains links to external third-party websites, the contents of which we have no influence on. Therefore, we cannot assume any liability for these external contents. It always is the respective provider or operator of the website who is responsible for the contents of the linked sites. The linked websites were checked for possible legal infringements at the time when the links were created. At the time of linking these websites, we did not detect any unlawful contents.
Without concrete indications for an infringement of rights, constant verification of the contents of such linked sites is not feasible. In the event that any infringements should become known, the respective links will be removed immediately.
Copyright
The contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this website are for private use only, commercial usage is not allowed.
Insofar as contents from this website were not created by the operator, the copyrights of third parties must be respected. In particular, contents of third parties are marked as such. Should you become aware of any copyright infringement, please inform us accordingly. As soon as we become aware of any legal infringement, we will remove such content immediately.
Site Policies for the Use of the Metabolic Balance Homepage
§ 1 Subject matter of the contract
(1) The following terms of use apply exclusively to the use of the Metabolic Balance portal.
(2) The information accessible via the Metabolic Balance Portal can be used by anyone without prior registration. However, certain contents and information can only be accessed after prior registration.
(3) Registration is only possible for clients and Metabolic Balance advisors (hereinafter collectively referred to as "Participants"). Registration by other persons is excluded.
§ 2 Use of the Metabolic Balance portal by clients
(1) Clients of Metabolic Balance receive a registration code for the Metabolic Balance portal on request. With the registration code, clients can register to use the Metabolic Balance portal.
(2) By registering, clients have the opportunity to access the Metabolic Balance diet plan, the Metabolic Balance fitness plan and other personalised information such as recipes for the duration of the contract. In addition, the Metabolic Balance portal offers clients the opportunity to exchange information with other participants.
(3) After expiration of the trial period, costs may be incurred for the use of the Metabolic Balance portal. Please refer to §§ 5 and 7 below for details.
§ 3 Use of the Metabolic Balance portal by Metabolic Balance coaches
(1) Metabolic Balance coaches receive a registration code for the Metabolic Balance portal when starting their activity. With the registration code, coaches can register to use the Metabolic Balance portal.
(2) By registering, coaches have the opportunity to manage clients and retrieve further personalized information during the term of the contract.
(3) There are no costs for the use of the Metabolic Balance portal by Metabolic Balance coaches.
§ 4 Registration for participants
(1) Participants can use the registration code to register to use the Metabolic Balance portal. The registration code provided to the participant by Metabolic Balance is personal and may not be passed on to third parties.
(2) By entering the registration code, the data entered by the participant during the registration process is linked with the participant's data stored at Metabolic Balance. This gives the participant access to personalized and specially tailored information.
§ 5 Membership
(1) If the participant is a client of Metabolic Balance, the user contract is initially concluded for a trial period of 21 days. During the trial period, no further costs are incurred for the use of the Metabolic Balance portal. Membership ends automatically at the end of the trial period without the need for termination.
(2) The trial period can only be claimed once by each client.
(3) After the trial period has expired, clients have the opportunity to conclude a paid membership. The amount of the costs depends on the following § 7.
(4) Insofar as Metabolic Balance services are offered free of charge, Metabolic Balance is entitled at any time and without prior notice to change, restrict or no longer offer these services. Services provided free of charge do not constitute essential contractual obligations.
§ 6 Right of withdrawal for consumers
Revocation instruction
Right of withdrawal
You can revoke your contractual statement within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our duties to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our duties according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:
Metabolic Balance GmbH & Co. KG
Bgm.-Hallwachs-Str. 8
D-84424 Isen
Fax +49 (0) 80 83 / 90 79 - 19
E-Mail team@metabolic-balance.com
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the goods or services received or their uses (e.g. advantages of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.
Special notes
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the revocation instruction
§ 7 Costs and method of payment
(1) During the trial period of 21 days, clients will not incur any further costs for the use of the Metabolic Balance portal.
(2) After the trial period has expired, clients have the opportunity to conclude a paid membership. The cost of membership is as follows:
EUR 19.95 (incl. VAT) for a term of one month,
EUR 39.95 (incl. VAT) for a term of three months,
EUR 59.95 (incl. VAT) for a term of six months,
EUR 99.95 (incl. VAT) for a term of twelve months.
All prices are quoted including the statutory value-added tax and other price components.
If the trial subscription expires without renewal, there is still the possibility to use the public and free parts of the forum.
(3) There are no costs for the use of the Metabolic Balance portal by Metabolic Balance coaches. Services of Metabolic Balance which are subject to charge and which go beyond the use of the Metabolic Balance portal are marked as such.
(4) Clients have the possibility to pay the costs for the membership by direct bank transfer or the payment service PayPal. Payment by invoice is not possible. Metabolic Balance may make the provision of services dependent on the receipt of payment.
(5) The occurrence and amount of default interest shall be governed by the statutory provisions. Clients shall be in default at the latest if they do not pay within 30 days of the due date and receipt of an invoice or an equivalent request for payment.
(6) After a paid membership of two years the participants can apply for a permanent free membership.
§ 8 Offset and right of retention
(1) Participants can only offset any counterclaims if the counterclaims are not disputed by Metabolic Balance or have been legally established.
(2) Participants can only refuse or withhold performance due to possible counterclaims if the counterclaims are based on the same legal relationship.
§ 9 Contents of Metabolic Balance
(1) The content accessible via the Metabolic Balance portal, in particular the data content, photographs, texts, illustrations, graphics etc. posted by Metabolic Balance are protected by copyright in favour of Metabolic Balance or Metabolic Balance is the owner of the corresponding rights of use. Metabolic Balance is the owner of the registered trademark "Metabolic Balance".
(2) Upon registration, the participants undertake to observe and not violate the copyrights, trademark rights, trademark rights and ancillary copyrights mentioned in paragraph 1 above. The participants confirm that they will retrieve, store and use the contents of Metabolic Balance only for their own use. Any other reproduction, redesign, public presentation and making accessible, distribution, broadcast or other exploitation is prohibited. Metabolic Balance will pursue all illegal uses according to applicable law.
§ 10 Contents set by participants
(1) By registering, participants are given the opportunity to exchange information with other participants. Participants can, for example, visit the forums, clubs and chats set up by Metabolic Balance and post their own content there. The participants alone are responsible for the correctness and legal admissibility of their own content posted by the participants on the Metabolic Balance portal, in particular for text and image documents, regardless of the form in which the posting is made. In particular, the participants warrant that the content they upload does not infringe the rights of third parties, in particular copyrights, personal rights and/or trademark rights of third parties and does not violate legally valid, in particular competition law regulations. Metabolic Balance is not obligated, but entitled, to check the content for infringements of the rights of third parties or competition violations.
(2) Insofar as the content posted by the participants is protected by copyright, trademark and/or other protective rights, the participants grant Metabolic Balance a simple right of use, in particular the right of reproduction, distribution and processing as well as the right to make it publicly available for the reproduction of the protected content.
(3) Participants are obliged to indemnify Metabolic Balance against claims by third parties resulting from a breach of duty by participants in accordance with paragraph 1 above. This also includes fines, penalties and/or costs in connection with criminal prosecution as well as possible judicial and extrajudicial costs in the context of a civil law dispute.
(4) If Metabolic Balance becomes aware of a violation of the above paragraph 1, Metabolic Balance is entitled to remove the corresponding contents without the participants' consent until the factual and legal situation has been finally clarified.
§ 11 Data protection and passwords
(1) The use of the Metabolic Balance portal is - as far as technically possible and reasonable - basically anonymous or using a pseudonym. In order to retrieve personal information, registration by means of a registration code is necessary. In this case, the participants grant Metabolic Balance permission to link the data entered during the registration process with the data stored by Metabolic Balance.
(2) For the use of the Metabolic Balance portal the collection, processing and/or use of the personal data of the participants takes place within the scope of the legal regulations. Any further collection, processing and/or use of the data or transmission to third parties shall not take place unless the participants have expressly consented to the transmission of their data to third parties. In this case, the participants have the possibility to revoke their consent to Metabolic Balance at any time without incurring any costs other than the transmission costs according to the basic tariffs.
(3) Participants have the possibility at any time to request information about their personal data stored, about the origin of the data, about the recipients of the data, about the purpose of the storage as well as about persons and places to whom Metabolic Balance regularly transmits the data. In addition, participants have the right to have their data corrected and, if the legal requirements are met, to have their data blocked or deleted.
(4) Participants are obliged to comply with the data and privacy protection. Data available for retrieval and content released for use may only be used for their own purposes; participants are not entitled to pass on data to third parties.
(5) Participants are obliged to exercise the greatest possible care when using passwords, user names or other security devices provided in connection with the services of Metabolic Balance and to ensure that their disclosure to third parties is prevented. Participants are liable for damages caused by unauthorized use of passwords by unauthorized third parties.
(6) This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google in advance within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
§ 12 Term of contract - termination
(1) If the participant is a client of Metabolic Balance, the duration of the user contract depends on the duration chosen by the client in accordance with § 7. The user contract is concluded for the duration chosen by the client.
(2) At the end of the term in accordance with § 7, the membership ends automatically, without the need for termination.
(3) If the participant is a Metabolic Balance coach, the user contract ends automatically at the end of the coach contract without the need for a separate termination.
(4) Irrespective of this, the contract can be terminated without notice by any party for good cause. Such a termination exists for Metabolic Balance in particular if the participant violates § 10 paragraph 1 or another essential contractual obligation.
(5) Any termination must be made in writing.
§ 13 Modification of the Terms of Use
Metabolic Balance reserves the right to change the terms of use at any time. The amended terms of use shall then apply to registrations made after the date of amendment.
§ 14 Miscellanous
(1) The contract language is German. The German contract text shall remain binding even if it is to be translated into another language.
(2) For coaches, the provisions of the supervisor contract also apply.
(3) German law shall apply in addition to these provisions.
The billing of the website via credit card is carried out by:
HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.
1, Place du Marché
L-6755 Grevenmacher
R.C.S. Luxembourg B 144133
E-Mail: info@hso-services.com
CEO:
Dipl. Vw. Mirko Hüllemann
Heiko Strauß
Programming and technical operation:
In order to ensure the long-term safe operation of the website, recurring maintenance work is carried out on a monthly basis. These take place regularly on the first thursday of each month between 10 am and 12 noon. During maintenance work, the availability of the website may be temporarily interrupted.