In the event of any discrepancy between the German and English versions (or any other foreign language version) of this Agreement or any other case of doubt, the German version shall prevail.

 

GENERAL TERMS AND CONDITIONS OF BUSINESS

as well as

CONTRACTUAL PROVISIONS SERVICES

(hereinafter «Agreement»)

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1. Acceptance of Agreement

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By creating an account, entering into a subscription agreement, or streaming, viewing, renting, video-on-demand, etc. the videos made available by us (hereinafter "Services"), you agree to the present agreement. The services offered on this website are provided exclusively on the basis of this agreement, even if they are not expressly agreed again.

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In particular, you acknowledge that by giving your consent to the immediate performance of the contract, you lose your right to withdraw from the contract as soon as the streaming, viewing, renting, video-on-demand, etc. of content from our website begins.

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If you are a legal entity, the person creating the account or using our Services must have authority to represent the legal entity in accepting this Agreement. In this case, "you" refers to both the legal entity and any other person authorized to access the account.

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2. Term and Termination

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This Agreement is effective upon first use of our Services and will continue for as long as you use our Services, subscribe, rent individual films or have an account with us, whichever is longer.

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3. Accounts

3.1. Registration

In order to use the services we offer, you must set up an account. To do this, you must first enter an e-mail address. By creating the account, you agree to receive communications from us at this email address. You are responsible for keeping the email address provided up to date so that we can contact you.

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3.2. age regulations

Each Account Holder must be at least 18 years of age or the legal age of majority in their country (whichever is higher) to create an Account and use our Services. As an exception, underage persons who are in training can open an account and subscribe provided that they do so with their own funds.

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3.3. Account Security

You are responsible for all activity that occurs on behalf of your account, including unauthorized activity. You are responsible for maintaining the confidentiality of your account information and must not share your account information with anyone. If you are using a computer that other people have access to, you should log out of your account after each session. If you become aware of any unauthorized access to your account, you are required to change your password and notify us immediately.

 

3.4. Length of time

Accounts remain in place for the duration of the subscription period or video rentals. After expiry of a subscription, resp. After the last loan has expired, the corresponding account will be deleted after 2 years.

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4. Subscriptions 

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4.1. Rates

We offer paid subscriptions. You can purchase a subscription by logging in to your account and paying the relevant tariff (tax included) online. The prices and services specified on www.podologiekrenz.com can change, although subscriptions that have already been taken out are not affected by changes until the end of the respective term. We reserve the right to make technical changes, to which we

have no influence. In such cases, we may, at our sole discretion, make any refunds or term extensions that we deem appropriate.

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4.2. No automatic renewal

A subscription ends at the end of the agreed term (usually 365 days) and is not automatically renewed. You are responsible for taking out a new subscription yourself.

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4.3. Resale/Transfer

You may not sell, resell, rent, loan, or transfer Subscriptions to any third party without our prior written consent.

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5. Loan

 

Instead of taking out a subscription, you can rent individual or multiple videos. The loan period is fixed at 72 hours. The price for renting a video is shown on our website. Rental begins by logging into your account, selecting the video(s) you want to rent, and paying the appropriate rate (taxes included) online.

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6. Payment

6.1. Payment Methods

In order to take out a subscription or rent videos, you must provide one or more payment methods. You authorize us to charge any form of payment associated with your account if your primary form of payment is declined. You remain responsible for outstanding amounts. For certain payment methods, the issuer of the payment method may charge a specific fee, such as a foreign transaction fee or other payment processing fees. Local taxes may vary depending on payment method. For more information, please contact your payment method service provider.

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6.2. Stripe Payments Europe

We currently only offer you the "credit card" payment method.

The credit card payment method is processed in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/terms, to which the seller assigns his payment claim. Stripe collects the invoice amount from your specified credit card account. In the event of assignment, payment can only be made to Stripe with a debt-discharging effect. The credit card will be charged immediately after a service has been ordered for a fee. Even if you choose the payment method credit card payment via Stripe, we remain responsible for

general customer inquiries e.g. B. to the services, the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credits.

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7. Refund Policy

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All subscription purchases are final. There is no entitlement to a refund. No refunds will be made for partially used subscription periods, unwatched videos, etc. Notwithstanding the foregoing, we shall have the right, but not the obligation, to issue refunds should we determine, in our sole discretion, that a refund may be made under the circumstances.

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8. Benefits: Right and Duration

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During the term of a subscription, we grant you a limited, non-exclusive and non-transferable right to view/stream all videos offered an unlimited number of times, if and for as long as they are available on our website.

If you rent one or more videos, we grant you the above

right for a period of 72 hours. For the same duration, the availability of the rented videos is ensured on our website.

We reserve the right at any time to remove individual videos from the website or to replace them with different versions.

Videos are offered exclusively via streaming. Whether you can stream a video depends on your device and internet bandwidth.

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9. Availability of Subscription Content

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The provision of the videos depends on their availability. We do not guarantee that a specific video(s) will be available after purchasing a subscription, resp. remains. If the presence of one or more specific videos is relevant for you to take out a subscription, you must refrain from taking out a subscription.

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10. Restrictions on Use / Prohibited Technical Measures

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You are not permitted: (i) videos on data processing systems/storage media/etc. of all kinds (e.g. notebooks, tablets, smartphones, etc.); (ii) transmit or share Videos with others in any way; (iii) perform videos in public; (iv) resell videos; or (v) give others access to your account and associated subscription to allow that person to view a video.

In addition, the following activities/acts are expressly prohibited unless required by law or permitted with our written consent:

 

• Copy, reproduce, redistribute, embed on a third-party website (framing), mirror, create derivative works from our videos , alter, archive or disassemble;

• the removal or alteration of any logo, watermark or notice of proprietary rights; or

• engaging in any other activity designed to tamper with, disrupt or damage our Services.

 

11. Limitation of Liability

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The content of this website, the content of our services and the information provided are carefully selected and regularly updated. Nevertheless, no guarantee can be given for the topicality, freedom from errors and accuracy of the same.

Any liability for material defects and defects of title as well as for losses and damages of any kind, which result directly or indirectly from the use of our services and/or the accessing and use of this website, will be accepted within the legally permissible framework and regardless of the reason (contract, quasi-contract or tort (including negligence)) expressly excluded.

i.a. we make no representations/guarantees of any kind for the following points:

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• That our services will be available or permitted in your jurisdiction, be uninterrupted or error-free, entirely safe, or meet relevant foot care standards;

• that we make available or remove certain content; and

• that our services meet your business or professional needs.

 

12. Copyrights

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All videos, texts, images, graphics, animations, sounds and other content on this website are protected by copyright. All property rights remain with us. The full or partial reproduction, transmission (electronically or by other means), modification, linking or use as well as any downloading or saving of our videos is only permitted with our prior written consent (see also Section 10).

 

13. General Provisions

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13.1. Reservation of rights, severability clause

If any clause of this Agreement is held by a court of competent jurisdiction to be unlawful, void, or in any way unenforceable, that clause shall, to the extent possible and legally permissible, be replaced with a statutory, valid and enforceable clause that reflects the original interests of the parties as far as possible. If a replacement should not be possible, the clause in question must be canceled without replacement, while the remaining part of the agreement should remain valid.

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13.2. Force majeure

We shall not be liable for any delay or failure caused by (i) acts of God/natural disasters (including hurricanes and earthquakes); (ii) disease, epidemic or pandemic; (iii) acts of terrorism, civil war, riot or civil commotion, armed conflict, sanctions or embargoes; (iv) nuclear, chemical or biological contamination; (v) collapse of buildings, fire, explosion or accident; (vi) labor or trade strikes; (vii) interruptions, loss or malfunction of utility, transportation or telecommunications services; (viii) any order of any government or public authority, including a quarantine, travel restriction or other prohibition; or (ix) any other circumstance beyond our reasonable control, whether foreseeable or not. In the event of one or more of the above events, we are released from the full fulfillment of the contractual obligation until the provision of the service is no longer prevented.

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13.3. Relationship

The parties to this Agreement are independent contractors; neither party is an agent, partner or contractor of the other. This Agreement is binding on the parties and their successors, personal representatives and permitted assigns.

 

13.4. Entire Agreement

This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings relating to our Services and may only be modified by documents signed by us.

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14. Notices

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All notices of a legal nature must be sent to us by email or post to the following address:

E-mail:info@podologiekrenz.ch

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Podiatry Krenz
Untere Bahnhofstr. 7
CH-8910 Affoltern am Albis

Switzerland

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15. Updates

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We may update this Agreement at any time by posting the revised version on our website. We will also inform all subscribers about the changes via email. If you continue to use our services thereafter, you automatically accept the revised agreement.

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16. Governing Law and Jurisdiction

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This agreement and all contractual relationships are exclusively subject

Swiss law. The exclusive place of jurisdiction for all proceedings is Affoltern am

Albis (ZH). 

Affoltern am Albis (ZH) is also the place of performance and for subscribers domiciled in the

abroad the place of enforcement.

Compulsory legal places of jurisdiction remain reserved.

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PRIVACYDECLARATION

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1. INTRODUCTION

In our data protection declaration, we, Krenz Podologie (hereinafter "we" or "us"), explain how we collect and process the personal data of our customers (hereinafter "you"). By personal data we mean all information that relates to a specific or identifiable person.
If you provide us with personal data from third parties (e.g. family members, work colleagues), please ensure that these people are aware of this data protection declaration. Otherwise, we ask you to refrain from communicating such data without exception.

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2 RESPONSIBLE

Mrs. Petra Krenz is responsible for all data protection issues as described here. For all data protection concerns, please contact the following address: Mrs. Petra Krenz, Untere Bahnhofstrasse 7, 8910 Affoltern am Albis, email: info@podologiekrenz.ch.

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3  COLLECTION AND PROCESSING OF PERSONAL DATA

We only process the personal data that we receive from our customers as part of a contractual relationship (creating an account, renting one or more videos, taking out one or more subscriptions) from them and other people involved, or which we receive from them when operating our website you, resp. collect from other visitors/users.

In addition to the data you give us directly, personal data that we receive about you from third parties includes in particular: creditworthiness information; Information from banks, credit card and payment service providers (e.g. about payments made, purchases made); other sociodemographic data, e.g. B. Interests (for marketing); Data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website , location information). Insofar as this is necessary and permitted, we also take various data from publicly accessible sources (e.g. commercial register, press, Internet).

There are no personal evaluations. However, data can be evaluated anonymously for statistical purposes, e.g. to record the number of hits per week.

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4   PURPOSES OF DATA PROCESSING AND LEGAL BASIS

We use the personal data collected by us primarily to conclude and process our contracts with you and our business partners, in particular in the context of providing all services to you, the purchase of all services in this context and to meet our legal obligations at home and abroad comply abroad.
If you have given us your consent to process your personal data for specific purposes (e.g. when you create an account), we will process your personal data within this framework and based on this consent, unless we have another legal basis and such is required. A given consent can be revoked at any time, but without affecting all data deliveries and processing that have already taken place.

In addition, we process personal data of you and other persons, as far as permitted and it seems appropriate to us, also for the following purposes, in which we (and sometimes also third parties) have a legitimate interest corresponding to the purpose:

i. Offer and further development of our offers, services and our websites on which we offer our services;

• ii. Advertising and marketing to the extent you use your informationhave not objected;

• iii. Newsletters (e.g. to announce new content), which we send to you as the account holder. These deliveries

• you can object at any time, whereupon we will put you on a corresponding blacklist;

• IV. Market and opinion research, media monitoring;

• v. Assertion of legal claims and defense in connection with legal disputes and governmental proceedings;

• vi. Ensuring the operation and maintenance of our websites.

 

5  COOKIES / TRACKING AND OTHER TECHNOLOGIES RELATING TO THE USE OF OUR WEBSITE AND SERVICES

We typically use "cookies" and similar techniques on our websites that allow your browser or device (e.g. computer, tablet or smartphone) to be identified. A cookie is a file that is sent to your computer or automatically stored on your device by the browser you are using when you visit our website. This allows us to recognize you when you visit our website again, even if we do not know who you actually are. In addition to cookies that are only used during a session and are deleted after your website visit ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ( "persistent cookies"). However, you can set your browser so that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies.

We may use Google Analytics or similar services on our website. These are third-party services, which can be located in all countries of the world (in the case of Google Analytics, this is Google LLC in the USA, www.google.com), with which we measure and evaluate the use of our websites (not personal). can. Permanent cookies, which the service provider uses, are also used for this purpose. The service provider does not receive any personal data from us (nor does it keep any IP addresses), but may track your use of the website, combining this information with data from other websites which you have visited and which are also tracked by the service provider. The service provider can also use this knowledge for its own purposes (e.g. controlling advertising). If you have registered yourself with such a service provider, the service provider knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection regulations. The service provider only tells us how our websites have been and are used (no information relating to you personally).

We use cookies and other tracking technologies in our marketing communications (e.g. newsletters, price adjustments, etc.) to help us assess whether marketing emails have been opened, replied to or forwarded, links followed, etc.

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6  DATA TRANSFER AND DATA TRANSMISSION ABROAD

As part of our activities and for the purposes set out in Section 4, we disclose your data to third parties, to the extent permitted and deemed reasonable, either because they process it for us or because they want to use the data for their own purposes. This concerns in particular the following third parties:

These third parties are partly domestic, but can also be anywhere in the world. In particular, the data may be transmitted to those countries in which the aforementioned third parties are located.

• i. Our service providers (such as credit card and payment processors), including our IT and website providers;

• ii. dealers, suppliers, auxiliary persons;

• iii. other parties in potential or actual legal proceedings.

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7  PERSONAL DATA STORAGE PERIOD

We process and store your personal data for as long as this is necessary to fulfill our contractual and legal obligations and for all purposes pursued with the processing, i.e. for the duration of the entire business relationship (initiation, processing to termination) and beyond in accordance with the statutory provisions retention requirements. It is possible that personal data will be retained for the period during which claims can be asserted against us and insofar as we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidentiary and documentation purposes). As soon as your personal data are no longer required for the above purposes, they will be deleted or made anonymous as far as possible. Shorter retention periods apply to operational data (e.g. system protocols, logs).

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8 DATA SECURITY

We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse by implementing IT and network security solutions and controls.

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9 OBLIGATION TO PROVIDE PERSONAL DATA

You must provide us with the personal data required to establish and conduct a business relationship and to fulfill the associated contractual obligations. Without this data, we are unable to conclude and process a contract/subscription with you. The website cannot be used either if information that is essential to ensure data traffic (such as the IP address) is not disclosed.

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10 RIGHTS OF THE DATA SUBJECT

Within the framework of the data protection law applicable to you and to the extent provided for therein, you have the right to information, correction, deletion, restriction of data processing and the right to object to our data processing and to the release of certain personal data for the purpose of transmission to another location (so-called data portability). We reserve the right to assert the statutory restrictions on our part, e.g. B. if we are legally obliged to store or process certain data or have an overriding interest in this (insofar as we may invoke it) or require certain data for the assertion of claims. If you incur any costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in Section 4. Please note that the exercise of these rights can conflict with contractual agreements and this can have consequences for you, e.g. B. the premature termination of the contract / cost consequences. We will inform you in advance if this is not already contractually agreed.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your ID if your identity is not or cannot be clearly verified). To assert your rights, you can contact us at the address given in Section 2.
Each data subject also has the right to enforce their claims in court or to lodge a complaint with the responsible data protection authority. The responsible data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

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11 CHANGES

We can adjust this data protection declaration at any time without prior notice. The current version published on our website applies. In the event of an update/change, we will notify you by email or other appropriate means.

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