General terms and conditions

§ 1 General, definitions, services

(1) The provider RICH & CHILL ACADEMY (hereinafter: provider) offers online coaching services in the area of money mindset /manifestation to clients (hereinafter: client).

(2) The scope of the services is determined by the contractual agreement between the client and the provider. The provider does not give any guarantee of success in terms of content or time. A specific result at the client is not owed. Information on promised successes in the consultation only serve to motivate the client.

(3) If the requirements change significantly in the course of further cooperation or it turns out that the actual effort significantly exceeds the workload of the provider that was foreseeable at the time the contract was concluded, the parties shall clarify together how the scope of services and the costs are to be adjusted. This clarification takes place before the provider provides additional services.

(4) The services of the provider are only provided during their business hours. The provider is entitled to refuse advice that is not conducive to the fulfillment of the purpose of the contract or that cannot be implemented due to deadline pressure on the part of the client. No work is owed.

(5) The client is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The contract for the mastermind course is concluded when the client places an order with the provider by accepting the individual offer from the provider by confirming it by email.

The other offers of the provider can be bindingly accepted by completing the booking process on the website. The contract is concluded when the client has accepted the terms and conditions and the data protection declaration, completes the order and has received an order confirmation from the provider.

(2) The content of the contract is stored by the provider in compliance with data protection regulations. The contract is concluded in English.

(3) Offers sent by the provider to the client are non-binding until acceptance and lose their validity after 30 days.

§ 3 Obligations of the client

(1) The client assures that the information entered by him or transmitted or made available to the provider is true and does not infringe the rights of third parties. If the content transmitted by the client infringes the rights of third parties, e.g. from copyright, competition law or protection of legitimate expectations, the client shall indemnify the provider from any third-party claims. This exemption includes claims for damages, injunctive relief and information, as well as the necessary costs of legal defense.

(2) The client assures to only provide truthful information and to keep it up to date.

(3) The client is obliged to cooperate in such a way that the provider can provide its services smoothly and on time.

(4) The client acknowledges that the provider does not provide medical, tax or legal advice.

(5) The client undertakes to treat other participants appropriately.

(6) As part of services provided online, the client is responsible for the necessary hardware and software to enable communication with the provider.

§ 4 Rejection of clients / Discontinuation of services

(1) The provider is entitled to temporarily or permanently reject clients if the client violates the contractual obligations.

(2) The provider reserves the right to delete content transmitted by the client if it violates legal provisions or these General Terms and Conditions. If the client's data is deleted, there is no right to have the stored data restored.

(3) The provider is entitled to cancel a service if the client reacts negatively or does not respond despite being asked twice or refuses to cooperate. If the client cancels the service, the fee will not be refunded.

§ 5 Payment modalities

(1) The prices at the time the contract was concluded apply. The prices include VAT, unless otherwise stated. The client makes the payment to the provider. Payment is made using the payment methods offered (e.g. Stripe , credit card), unless otherwise agreed.

(2) If the client does not pay despite a reminder, the provider is entitled to withdraw from the contract, whereby the payment claim remains in full. We reserve the right to make further claims for damages in this case. In the event of default of payment, the client owes interest on arrears in accordance with the statutory provisions.

§ 6 Dates / Postponement

If the provider is unable to keep an appointment for reasons of illness or force majeure , an alternative appointment will be offered. The client is not entitled to a refund in this case, unless the purpose of the contract is eliminated by the postponement.

§ 7 Confidentiality

(1) "Confidential information" is all information, files and documents about business transactions of the other party that come to its knowledge.

(2) Both parties undertake to maintain secrecy about confidential information relating to the other party and to use it only for the implementation of this contract and the purpose pursued with it.

(3) Both parties undertake to impose the duty of confidentiality on all employees and/or third parties who have access to the aforementioned business transactions.

(4) The confidentiality obligation according to paragraph 2 does not apply to information

a) which were already known to the other party when the contract was concluded,

b) which had already been published by the respective party at the time of disclosure, without this resulting from a breach of confidentiality by the other party,

c) which the other party has expressly released in writing for disclosure,

d) which the other party has lawfully received from other sources without restrictions affecting confidentiality, provided that the disclosure and use of this confidential information does not violate either contractual agreements, statutory provisions or official orders,

e) which the other party has developed itself without access to the Confidential Information of the client,

f) which must be disclosed due to legal information, notification and/or publication obligations or official orders.

§ 8 Liability

(1) Client claims for damages are excluded. Excluded from this are claims for damages by the client resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the client claims for damages resulting from injury to life, limb or health.

(3) Liability for lost profits is excluded for entrepreneurs. Liability is limited to the total order value.

(4) The provider does not give any guarantee of success in terms of content or time. A specific result at the client is not owed. Information on promised successes in the consultation only serve to motivate the client. In the event of a breach of the client's obligation to cooperate, the liability of the provider is excluded subject to paragraph 1.

(5) The restrictions also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

§ 9 No investment advice, risks in financial transactions

(1) The provider does not provide investment advice, but only gives general tips that do not constitute an invitation to make a specific investment. An examination of the individual needs of a client does not take place. Requests for individual investment tips will not be answered, and silence in response to a request does not constitute a recommendation for action.

(2) The provider assumes no liability for any suggestions made regarding investments. These do not in any way constitute a call for individual or general replication, even implied. Trading suggestions or other information do not constitute an invitation to buy or sell financial assets (e.g. cryptocurrencies and stocks).

(3) The provider obtains its information from trustworthy sources and from its own experience. However, no guarantee can be given with regard to the quality and truthfulness of this information. Clients act entirely at their own peril and risk if the client decides to make investment decisions or carry out transactions based on the published content.

(4) The provider draws attention to the particularly high risks that arise when trading with leverage products. Trading in derivatives is a financial futures transaction. Significant opportunities are offset by corresponding risks, including rapid total loss. The client must inform himself properly (possibly from banks) about the risks.

§ 10 Data protection

(1) The client agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG (German data protection law) and the GDPR. Data will not be passed on to third parties if consent has not been given or this is necessary for the execution of the contract.

(2) The client assures that he has obtained the consent of the third party when entering personal data and releases the provider from any claims in this regard.

(3) The rights of those affected by the data processing result in particular from the following standards of the GDPR:

• Article 7(3) – Right to withdraw consent under data protection law
• Article 15 - Right of access of the data subject, right to confirmation and to be provided with a copy of the personal data
• Article 16 – Right to rectification
• Article 17 – Right to erasure (“right to be forgotten”)
• Article 18 – Right to restriction of processing
• Article 20 – Right to data portability
• Article 21 – Right to object
• Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 – Right to lodge a complaint with a supervisory authority

(4) In order to exercise the rights, the person concerned is asked to contact the provider by e-mail or, in the event of a complaint, the responsible supervisory authority.

(5) Reference is made to the data protection declaration on the provider's website. If the communication takes place via a video conference provider, their data protection regulations apply in addition.

§ 11 Copyrights of the provider

(1) Content created by the provider and transmitted to the client remains the intellectual property of the provider. This means that they may not be reproduced by the client or passed on to third parties without the express consent of the provider.

(2) The rights of use are not granted exclusively and are subject to the condition of full payment of the remuneration.

§ 12 References, client feedback

(1) The provider is entitled to indicate the client as a reference on the website, as well as on social media channels and in print media, provided that the client is an entrepreneur.

(2) The provider is entitled to publish client feedback, provided that personal data is anonymised.

§ 13 Regulations on the right of withdrawal

(1) Entrepreneurs have no right of withdrawal.

(2) The following applies to consumers: There is no right of withdrawal when booking online coaching and courses according to § 312g Para. 2 No. 9 BGB (German civil code), as it is a time-bound service.

(3) The client also accepts that the provider begins to perform the service before the end of the cancellation period and loses the right of cancellation once the service has been rendered in full.

§ 14 Dispute resolution

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 15 Final provisions

(1) The business relationships between the provider and the client are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the client as a consumer has his habitual residence, remain unaffected.

(2) The place of jurisdiction is the registered office of the provider if the client is a merchant or a legal entity under public law or a special fund under public law. The same applies if the client does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.

(3) By placing the order, the client agrees to the applicable general terms and conditions of the provider.

(4) Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining General Terms and Conditions shall not be affected. The invalid provision should be replaced by a provision that comes as close as possible to the will of the parties within the scope of what is legally possible. The same applies in the event of a loophole.