General Terms and Conditions of Me and my Pro GmbH for consumers using www.meandmypro.de

Recital clause

Me and my pro GmbH operates its service under the top-level domain meandmypro.de. All websites on which MEANDMYPRO provides its services shall subsequently be collectively referred to as ‘MEANDMYPRO portals’.

The following conditions set out by Me and my pro GmbH governing participation and conduct apply to all consumer offers provided via this portal. The use of individual applications and services may also be subject to additional conditions, supplementing the current general terms and conditions, for the use of services provided by MEANDMYPRO. By registering with “MEANDMYPRO”, the user accepts the following conditions for the use of Me and my pro GmbH.

These conditions do not apply to commercial providers of goods and services (professional golf teachers and professional providers). Commercial providers wishing to do so may register via the portal functions for golf teachers or contact Me and my pro GmbH via other forms of communication.

Provider and partner in agreement:
Me and my Pro GmbH
Barmer Straße 44
D-45549 Sprockhövel

Please refer to the legal information page for additional contact details. The user can refer to, print, download or store these conditions at any time via the ‘T&Cs’ link.

1. Services for registered users

The MEANDMYPRO portals currently offer users the following options for information, purchasing and exchange with other users.

a)

Golf community

  • Interactive communication with other golfers.
  • New modes of contact.
  • Information and the latest golf sport trends.
  • Expedited arrangements for the next round of golf.
b)

Interactive appointment calendar with your pro

  • Freely selectable dates and easy online scheduling.
  • Interactive communication between you and your pro, 24/7, wherever you are.
  • Your personal training log, including a full set of comments from your pro, plus photos, videos, analyses and training suggestions, to kick-start your progress and help you enjoy each round even more.
c)

Chargeable premium services – to be separately agreed for pre-registered users and currently including:

  • Special calendar functions
  • Export function for appointments and reservations (iCal function)
  • Special scope for dialog and Q & A with the selected pro
  • Access to the special functions provided by the pro of choice for his/her students and partners
  • Query, reservation and booking of multi-entry tickets and special conditions for lesson units (where available from the respective pro)
  • Full details of each of the updated services will be shown on the portal
aa) Contract duration for premium membership:

Generally one year from the date of application and confirmation. Membership will be extended for further one-year periods, unless canceled by contacting Me and my pro GmbH in writing or text form at least four weeks before the respective contract expiry.

bb)

Cancelation notifications should be sent to:

Me and my Pro GmbH
Barmer Straße 44
D-45549 Sprockhövel
or via
Telefax: +49 (0)202 94622-348
or E-mail
E-mail: info@meandmypro.de

cc) Costs of premium membership:

Refer to the price list during the booking procedure

dd) Once the premium membership has expired,

the user will no longer have access to the premium functions. However, he/she will still have access to the full range of free services.

2. Concluding conditions of participation and conduct (double registration confirmation) for free registration

a)

Registration / Application

The user must register before using the available services. Use of the free services is limited to those aged 14 years or older and use of the chargeable premium services is limited to adult users. Legal representatives of minors may, if objecting to the use of MEANDMYPRO by their child, request that the user profile and all data stored in the online database concerning their child be deleted. A written request must be sent to Me and my pro GmbH for this purpose.

Accurate and complete data

The user pledges that all data which he/she has specified at the time of registration is accurate and complete. The user must inform Me and my pro GmbH of any changes to his/her user data immediately or amend the data online via www.meandmypro.de.

No duplicate registrations

Each user may register only once and create only a single user profile. Duplicate registrations will be removed by Me and my pro GmbH without notice.

Password

When registering, the user selects a password, which he/she must keep secret. The user can re-request a password if it is forgotten.

b)

Confirmation of conditions

During the registration process, the user is separately requested to confirm the conditions of participation and data protection declarations. These declarations will be saved.

c)

Confirmation of registration by Me and my pro GmbH

Me and my pro GmbH shall confirm the registration by e-mail to the e-mail address specified by the user.

d)

Activation of profile via the confirmation link

The user activates his/her profile by following the link in the confirmation e-mail sent by MEANDMYPRO.

e)

Selection of a personal password

The user can change his/her password at any time in his/her profile via “Account settings”.

3. Changes to the free services

Me and my pro GmbH reserves in principle the right to limit the timing and to limit, extend or cancel the functional scope of the free services, profile, fora and other services.

4. Conditions of use and provisions governing the use of MEANDMYPRO portals

a)

Registered users that access the blog, fora and comment functions or the function allowing graphics or images to be uploaded must comply with the following conditions:
Based on the free and sole assessment of the team at Me and my pro GmbH or any commissioned checkers, contributions, films and photos must NOT contain any of the following:

  • Commercial advertisements of any kind
  • Erotic personal ads
  • Abusive criticism
  • Denunciations - particularly concerning specific companies or people
  • Offensive, slanderous or deliberately false content and information, regardless of whether it concerns other participants, the Me and my pro GmbH team, other people or companies,
  • Content that is political, religious, racist, that glorifies violence, contravenes youth protection legislation, or that is pornographic or discriminatory,
  • Incitements or calls to demonstrations or violence
  • Ethically and morally questionable comments
  • Proper names of users or of third parties
  • Direct or hidden advertising for external products or services of any kind
  • This also applies in particular to advertising for drugs, medicines and nutritional supplements
  • Links or references to other websites or e-mail addresses for the foregoing content
  • Inconveniencing other users with spam or unwanted dialog, including chain letters, pyramid selling and multi-level marketing
  • Breaches of legal provisions

Photos or graphics must also meet the following conditions:

  • The user must have taken the photo in question and received permission to do so or have been given permission to use the photograph by the person having taken it
  • The user must be entitled to publish the photo on the portal.
  • Where people are depicted, either their identities must be concealed or the permission of all persons depicted to be published on the www.meandmypro.de portal must be obtained without exception.
  • Interior shots of restaurants, hotels and residences may be taken only with the approval of the owner, tenant or operator of the building.

The following are generally prohibited:

  • Photographs allowing children to be identified, even if permission of those with parental authority has been obtained
  • Photographs of persons who are drunk or otherwise affected by drugs, even when legally valid permission has been obtained for the same
  • Product photos or photographs, which show recognizable details of manufacturers of drugs, medical products, foods, nutritional supplements or drinks.
b)

All participants are solely and personally responsible for the contributions, graphics and photos submitted in the course of registration.

c)

Participants are also prohibited from engaging in any of the following actions:

  • Use and advertising of any mechanism, software or scripts not authorized by MEANDMYPRO in connection with the use of MEANDMYPRO portals
  • Blocking, overwriting, modifying and copying the software, outside the scope required for the normal use of MEANDMYPRO portals
  • Copying the software using robot/crawler/search engine technologies
  • Disseminating and publicly reproducing content from MEANDMYPRO portals, if not originally envisaged by MEANDMYPRO
  • Engaging in actions which are likely to hinder or excessively encumber the functionality of the website and its infrastructure.
d)

If any of the above conditions are breached, the input content and account may be deleted immediately and without notice. The offending user will also be excluded from any further participation in meandmypro.de immediately and without notice. This also applies to any new registrations made by the excluded user. In other words, a virtual ban from the site applies. We also reserve the right to claim compensatory damages.

5. Registration of premium membership

a)

Select the “Premium membership” option

b)

Enter billing information

c)

Select payment types

  • Rechnung
  • Paypal
  • Credit card
d)

Data – check

e)

Cancelation instruction – T&Cs – read and confirm data protection regulations

f)

Confirm the button “Order at charge” or “Buy now”

g)

Confirmation of receipt sent by Me and my pro GmbH with submission of T&Cs, the cancelation instruction and the data protection declaration

h)

Order confirmation by Me and my pro GmbH

i)

In the event of immediate acceptance by Me and my pro GmbH, steps g) and h) may be combined.


************** Right to cancel *************
You can withdraw your contractual declaration within 14 days without specifying reasons in writing (e.g. by letter, fax, e-mail). The deadline commences on receipt of this notification in writing, but not before conclusion of contract and also not before compliance with our information requirements in accordance with Article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligations in accordance with § 312g para. 1 line 1 German Civil Code in connection with Article 246 § 3 EGBGB. Timely dispatch of cancelation shall suffice to meet the cancelation deadline. The cancelation should be sent to:

Me and my Pro GmbH
Barmer Straße 44
D-45549 Sprockhövel
or via
Telefax: +49 (0)202 94622-348
or E-mail
E-mail: info@meandmypro.de

2. Cancelation consequences In the event of an effective cancelation, services already received by both parties shall be rescinded and any benefits derived from the same relinquished. In the event that you cannot rescind or relinquish the service or usage (e.g. benefits of use) received in whole or in part or only in a deteriorated state, you may be required to pay compensation for the same. This may lead to circumstances under which you are required nonetheless to fulfil the contractual payment obligations for the period preceding the cancelation. Obligations to reimburse payments must be fulfilled within 30 days. Your deadline commences at the time of sending your cancelation notice and for us, with receipt of the same.

3. Special notes Your right to cancel is excluded if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancelation or if the nature of the goods concerned means returning the same is unfeasible.

******** End of cancelation instruction *******

6. Checking and reporting obligation

a)

No checking obligation applies to Me and my pro GmbH, which means that Me and my pro GmbH need not verify the entries and content input by users.

b)

Reporting of breaches
Each user may report small ads, travel notices, or other input in blogs or fora which are incorrect or otherwise in breach of the current conditions via an automated reporting system. Me and my pro GmbH shall check these notifications and immediately take the required measures.

c)

Me and my pro GmbH is not technically able to determine beyond doubt whether a user registered on the MEANDMYPRO portal is actually the specified person in question. Me and my pro GmbH therefore provides no guarantee of actual user identity.

7. Liability disclaimer in the event of the user breaching third-party rights – liability of Me and my pro GmbH

a)

Liability disclaimer

The user shall indemnify Me and my pro GmbH from all claims, including for compensatory damages and consequential legal costs, which other users or third parties may assert against Me and my pro GmbH due to any breach of their rights due to content placed by a user on the MEANDMYPRO portals. This particularly applies to claims asserted against Me and my pro GmbH due to breach of criminal or competition law or advertising regulations.

b)

Liability for information of other providers on the portals

The scope of information given by other providers, particularly on accommodation, travel, products and especially concerning special campaigns, prices, service scope provided and opening times etc., is provided by such parties at their own responsibility. Me and my pro GmbH expressly disclaims all liability for the correctness of this information.

8. Data of the user

The Customer has been informed of the type, scope, place and purpose of collection, processing and use of the personal data as required to execute the order, as well as about his/her right to object to the use of the data. The user expressly acknowledges the collection, processing and use of personal data and is also entitled to withdraw consent for the same at any time for the future. The user is entitled to obtain information at any time about the data stored concerning him/her by Me and my pro GmbH. This declaration shall be made during the ordering process by separate declaration on the part of the user.

9. No contract conclusions via Me and my pro GmbH

Except for the booking of premium services, all other contracts are merely conveyed via this portal, which is solely intended to facilitate contract conclusion by helping you navigate to the site or contact details of your contractual partner. These contracts are governed by the T&Cs and data protection declarations of the respective contractual partner, who performs the entire order transaction and is also the contractual partner and contact person for the user.

10. Termination of participation and use of free services by MEANDMYPRO

The user and Me and my pro GmbH may end the free services at any time without specifying reasons. The services can be ended by the user as follows:

  • Using the deletion function on the portal
  • By issuing a declaration in writing, which should be sent to: info@meandmypro.de
  • By sending a letter to: Me and my pro GmbH; Barmer Straße 44; D-45549 Sprockhövel
  • By e-mailing: info@meandmypro.de
  • By faxing: +49 (0)202 94622-348

Consequences of ending use:

  • Deletion of the user account
  • Removal of user identification in the fora
  • Removal of all other input of the user, where any reference to the same exists (classified ads, images, graphics etc.)
  • Deletion of personal user data within the legal deadlines

11. Sanction prior to termination by Me and my pro GmbH

Regardless of any termination in accordance with the previous clause, Me and my pro GmbH may also apply the following sanctions against a user:

a)

Deletion of content created by a user,

b)

Blocking access to the portal services provided by Me and my pro GmbH.

12. Terminating participation in the premium services of Me and my pro

If the user has a valid premium membership, the premium services and free services can only be terminated by cancelation in accordance with clause 1 c) aa)-dd).

13. Responsibility for content, data and/or information of the user, availability

a)

The provider is responsible for the content of these pages in accordance with general legislation.

b)

The provider accepts no responsibility for content, data and/or information on linked external websites provided by users on MEANDMYPRO

c)

The user acknowledges that unrestricted availability of MEANDMYPRO at all times is not technically feasible. Despite its best efforts, disruptions or temporary suspensions of service are possible, which the user expressly acknowledges.

14. Final provisions

If any individual regulations of these conditions of participation and use are or become invalid, the validity of the remaining regulations shall be unaffected thereby.

15. German law – portal language

German law shall apply. The basic language for user declarations and Me and my pro GmbH is German.

Version as of March 2015