Terms and Conditions
1. General
1.1) Holistic Animal Health Academy, also Animal-Health Coaching, located at 1 Montpelier Place, BN1 3BF Brighton, England (hereinafter referred to as “Holistic Animal Health Academy”) provides services in the field of animal health coaching and digital educational products. These Terms and Conditions (hereinafter referred to as “T&Cs”) exclusively apply to all services provided by Holistic Animal Health Academy, unless explicitly agreed otherwise in writing.
1.2) T&Cs or any other contractual terms of the other party are hereby rejected.
1.3) The T&Cs can be viewed at any time under [Terms and Conditions Link]. The T&Cs in the version valid at the time of contract conclusion apply.
1.4) Holistic Animal Health Academy reserves the right to change the T&Cs at any time without providing reasons.
2. Offer, Contract Conclusion
2.1) Offers from Holistic Animal Health Academy are non-binding and subject to change.
2.2) A contract is concluded only upon receipt of a written or remote order confirmation.
2.3) A contract is also concluded if Holistic Animal Health Academy begins providing the service without a separate confirmation.
2.4) The contract conclusion can also occur remotely (e.g., via video chat, telephone, etc.). If the contract is concluded remotely, the customer does not have the right, unless otherwise agreed, to receive the contract contents again in written form from us.
3. Prices and Service Provision
3.1) All our price indications are net prices and are subject to the statutory VAT.
3.2) Our service provision takes place at the times specified in the main contract with the customer.
3.3) The customer is obligated to make an advance payment to us unless otherwise agreed. The agreed remuneration is due immediately upon conclusion of the contract.
4. Termination, Duration
4.1) The contract is conclusively entered into for the duration agreed upon in the respective main contract.
4.2) Early/free termination rights of the customer within the contract period are excluded.
4.3) The right to terminate without notice for an important reason remains unaffected.
4.4) In the event of the customer’s premature termination for an important reason, our entitlement to remuneration remains unaffected. The customer retains the burden of proving that no or only significantly less damage has occurred to us.
4.5) If a service to be provided by Holistic Animal Health Academy is significantly hindered due to force majeure or other unforeseeable circumstances not caused or controllable by Holistic Animal Health Academy, Holistic Animal Health Academy is entitled to provide an alternative, equivalent service instead of the owed service.
4.6) Delays in service provision due to force majeure or other events that significantly hinder Holistic Animal Health Academy from providing the service not only temporarily do not constitute Holistic Animal Health Academy’s fault, even with binding deadlines and terms. This also applies if such delays occur with Holistic Animal Health Academy’s suppliers or their subcontractors or with other third parties commissioned by Holistic Animal Health Academy to fulfill their contractual obligations. In all aforementioned cases, Holistic Animal Health Academy is entitled to postpone the service by the duration of the hindrance plus a reasonable startup time.
5. Due Date, Default
5.1) Payments are due immediately after invoicing by Holistic Animal Health Academy, but no later than before the agreed service is provided by Holistic Animal Health Academy.
5.2) If the other party is not a consumer, they will be in default without reminder after seven calendar days following the receipt of an invoice or equivalent payment request.
5.3) If the customer is in default with due payments, we reserve the right not to provide further services until the outstanding amount is settled.
5.4) If the customer is in default with a due payment in the case of installment payments, we are entitled to terminate the contract extraordinarily and discontinue the services. We will claim the entire remuneration that becomes due until the next ordinary termination date as damages. Saved expenses will be deducted.
6. Set-Off, Retention
6.1) Rights of set-off and retention are only available to the other party if their counterclaims have been legally established, are undisputed, or are acknowledged by Holistic Animal Health Academy.
6.2) To exercise a right of retention, the other party is only entitled insofar as their counterclaim is based on the same contractual relationship.
7. Conduct and Consideration
7.1) The customer must ensure the usual conduct of an honest businessman towards us. We reserve the right to pursue any unlawful and/or improper or unfounded statements about our company and our services, whether made by customers, competitors, or other third parties, particularly untrue factual claims and defamatory criticisms, civilly and furthermore to file criminal charges without prior notice.
7.2) When participating in our programs and services, the customer must promote the uninterrupted progress of them and ensure commercially adequate behavior towards us and the other participants. If the customer disrupts the operation of our programs and services through inappropriate behavior, we will once request the customer to cease the disruptions. In case of a repeat offense, we are then entitled to temporarily or permanently exclude the customer from our programs and services. Our entitlement to remuneration in these cases remains unaffected.
8. Usage Rights
8.1) We hold exclusive copyright exploitation rights to all images, videos, texts, webinars, databases, etc., that we publish (e.g., on Facebook or on password-protected platforms). Any use of these contents without our consent is not permitted.
8.2) The customer receives an exclusive simple usage right for the duration of the contract regarding the contents stored in our password-protected members’ area. This usage right serves the execution of the contract individually concluded with the customer.
8.3) The customer is provided with access and logins to our programs, contents, and platforms exclusively for the duration of the booked contract period and usually on a personal basis. Sharing the provided access, login data, and the contents of our members’ platforms with third parties not authorized by us towards the customer is strictly prohibited. In case of violations of the aforementioned obligation, an appropriate contractual penalty applies, the amount of which can be set by us at our reasonable discretion depending on the program and can amount to up to €15,000.00 in individual cases, becoming forfeited against us. Access by the customer’s employees/staff is generally permissible but must be explicitly approved and confirmed by us to the customer.
8.4) By using our members’ platforms, the customer agrees to the analysis of individual user behavior and the collection of associated data (including IP and MAC addresses) that may have personal reference on the respective platform by our company and the use of corresponding software for the duration of the contract.
8.5) Violation of our business and trade secrets as well as our copyrights will always be pursued civilly and criminally brought to the attention of the competent investigative authority.
8.6) The customer does not receive a usage right regarding advertising texts/announcements published by us on our websites or within forums/groups.
9. Reference Advertising
9.1) The customer agrees that Holistic Animal Health Academy may use their name and logo indefinitely in time and location on Holistic Animal Health Academy’s websites and social media channels to inform about the service provision or collaboration and to advertise accordingly.
10. Data Protection
10.1)
Holistic Animal Health Academy is committed to protecting the privacy of all individuals who use our services and to treating the personal data provided by customers confidentially. In doing so, the applicable data protection regulations, particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), are complied with. Reference is made to our Privacy Policy at http://www.sabine-hierl.de/datenschutz. The customer agrees that Holistic Animal Health Academy stores and processes the necessary personal data of the customer within the framework of contract initiation and processing. Personal data will not be disclosed to third parties unless the customer has expressly consented to this or there is a legal obligation to disclose.
10.2) The customer has the right at any time to request information about their stored personal data, as well as to have this data corrected, blocked, or deleted, provided that no legal retention obligations apply.
11. Liability and Warranty
11.1) Holistic Animal Health Academy is only liable for damages caused by simple negligence if they are based on the violation of essential contractual obligations (cardinal obligations) or if there is a violation of life, body, or health.
11.2) Holistic Animal Health Academy is only liable for foreseeable damages that can typically be expected to occur.
11.3) Liability for indirect damages and consequential damages as well as for lost profits is excluded.
11.4) To the extent that the liability of Holistic Animal Health Academy is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11.5) We do not assume any liability that the knowledge and skills acquired by the customer within the framework of the courses and coaching can be applied by the customer without errors or successfully. Likewise, we do not assume any liability for damages that occur to the customer or third parties through the application of the contents conveyed within the framework of the courses and coaching.
12. Right of Withdrawal for Consumers
12.1) Consumers have the right to withdraw from this contract within fourteen days without giving any reason.
12.2) The withdrawal period is fourteen days from the day the contract is concluded.
12.3) To exercise the right of withdrawal, the consumer must inform us (Animal Health Coaching, 1 Montpelier Place, BN1 3BF Brighton, England, Email: info@animal-health.net) by means of a clear statement (e.g., a letter sent by post or email) of their decision to withdraw from this contract.
12.4) To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period has expired.
12.5) Effects of Withdrawal: If the consumer withdraws from this contract, we shall reimburse all payments received from the consumer, including the costs of delivery (except for the additional costs arising if the consumer has chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about the decision to withdraw from this contract. The consumer is obliged to return the received digital contents and materials.
12.6) Exclusion of the Right of Withdrawal upon Activation of Access to the Media Library:
The consumer loses their right of withdrawal as soon as access to the media library is activated and the consumer has begun using the digital contents. The activation of access is considered the commencement of the execution of the contract. Upon activation of access to the media library, the consumer’s right of withdrawal expires irrevocably.
12.7)
If you wish to purchase a digital product (e.g., an online course) from me, you waive your right of withdrawal before making the purchase. I refer to this directly BEFORE completing the order with the following wording:
“Since this is digital content, I agree that it is made available to me immediately. Therefore, I agree to the execution of the contract before the withdrawal period expires. I am aware that my right of withdrawal is hereby forfeited.”
13. Availability and Service Provision
13.1) Holistic Animal Health Academy strives to keep the offered services and digital products constantly available. However, due to maintenance work, force majeure, or other unforeseeable events, there may be restrictions or interruptions.
13.2) Claims by the customer for non-availability of the services are excluded insofar as Holistic Animal Health Academy is not responsible for the non-availability.
14. Copyrights and Licensing Conditions
14.1) All contents and materials provided within the framework of our services and digital products are subject to the copyright of Holistic Animal Health Academy.
14.2) The customer receives a simple, non-transferable usage right to the digital contents and materials exclusively for personal use and for the duration of the contract period.
14.3) Any further use, particularly reproduction, distribution, or public making accessible, is prohibited without the explicit consent of Holistic Animal Health Academy and can be pursued civilly and criminally.
15. Code of Conduct for Online Courses
15.1) Participants commit to communicating respectfully and constructively in the online courses.
15.2) Disruptive behavior, insults, or discrimination will not be tolerated and may lead to exclusion from the course. In such cases, Holistic Animal Health Academy’s entitlement to remuneration remains unaffected.
16. Disclaimer of Liability for Contents and Information
16.1) Holistic Animal Health Academy does not assume any liability for the accuracy, completeness, and timeliness of the information and contents provided within the framework of the services.
16.2) The use of the provided information and contents is at the customer’s own risk.
17. Final Provisions
17.1) Should individual provisions of these T&Cs be or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall not be affected.
17.2) The invalid or unenforceable provision shall be replaced by a valid and enforceable regulation whose effects come closest to the economic objective pursued by the parties with the invalid or unenforceable provision.
18. Use of Learned Content
18.1) Prohibition of Use for Own Teaching Activities: The customer is not entitled to use the contents, materials, or methods acquired or learned within the framework of the services and digital products for their own teaching activities, training sessions, workshops, or similar purposes, unless there is explicit written consent from Holistic Animal Health Academy or Animal Health Coaching.
18.2) Prohibition of Sharing with Third Parties: The customer may not share, publish, or make the learned contents, materials, or methods accessible to third parties in any other way.
18.3) Prohibition of Reproduction and Public Accessibility: Any reproduction, distribution, or public making accessible of the learned contents is prohibited without explicit written consent from Holistic Animal Health Academy and can be pursued civilly and criminally.
18.4) Consequences of Violation: In the event of violations of the provisions of this section, Holistic Animal Health Academy reserves the right to terminate the contract without notice and to claim damages.
