Terms and Conditions
Terms and Conditions of Use for the Internet Site Goalkeeping Development GmbH (Ltd.) and its Services
Goalkeeping Development offers training software, practice videos, training tools and events for goalkeeper trainers and goalkeepers for the purpose of improving training sessions and performance on a daily basis. The training software takes the form of an Internet based application (Web-App). It is available under the heading “Software” on the homepage: www.goalkeeping-development.com and can be utilised on various devices, including on Smartphones, at any time. The following tools are at the user’s disposal: training planning, training documents, pre-prepared training plans, practice videos, upload, game documents, analytical tools and statistics.
1. Trial Period
All features of our training software can be trialled free for 10 days. We reserve the right to assess whether a user is entitled to a trial period on a discretionary basis and to deny individuals a trial period for the purpose of preventing possible misuse. Should we ascertain that there exists no right on the part of the user to a trial period, we reserve the right to revoke this and to block the account.
2. Methods of Payment / Payment Deadline
Goalkeeping development offers products and services which can be paid for in advance. The payment deadline is indicated on each invoice. Invoices are sent exclusively electronically. After receipt of payment the products will be delivered to the customer or, in case of software products, will be activated online for the customer. For the use of our software, we also offer our customers the option of a SPEA direct debit to collect the regular license fees. Alternatively, the customer can select an automated credit card debit or, in exceptional cases, regular payment of the license fees via a PayPal invoice.
3. Membership and Period of Notice
By purchasing a license for our goalkeeping software, the customer takes on a long-term membership. The period of notice is the end of the license duration. If the customer does not give notice in due time, the membership and year-long-license will be automatically extended for a further 12 months. By choosing the quarterly payment the period of notice is the end of the quarter. If the customer does not give notice in due time, the membership and license will be automatically extended for another quarter. By choosing the monthly payment the period of notice is the end of the month. If the customer does not give notice in due time, the membership and license will be automatically extended for another month. In all cases, an invoice for the new term will be automatically sent to the customer.
4. Rights and Obligations of the User
The user is completely responsible for his or her activity within Goalkeeping Development’s area of use, and when making use of the accompanying services. He or she is obliged to observe his or her legal obligations. The laws of the Federal Republic of Germany as well the applicable legal protection for youths and young persons are to be observed. The dissemination, publication or communication of any illegal content, for example, pornographic, offensive or discriminatory images or statements, or images or statements glamourizing violence, is strictly forbidden. Links to any external sites containing any of the aforementioned content posted by users are likewise forbidden. Activity by the user that in any way limits the functionality of the services provided by Goalkeeping Development or which renders them inoperable is forbidden, and will result in that user’s prosecution, both criminal and civil.
The commercial use of content, products and services provided by Goalkeeping Development is expressly forbidden. Particularly relevant in this case is the use of the above for advertising purposes, as well as the unpermitted dissemination of content. The user agrees not to archive, reproduce, disseminate, modify, portray, present, publicise or to license content and information that we have made available or which the user has received via us, nor to create or offer for sale works derived from that content and information, nor to use it in any other way than for which it is intended. Where the user violates the given rights and obligations, he or she is obliged to pay back any damages incurred to Goalkeeping Development.
The user is obliged to ward against the unauthorized use of his or her access to the site by third parties. The user may not give his or her access information to third parties. In cases of unauthorized use of the user’s password by third parties, the user is liable in as far as he or she can be proven to be at fault. Goalkeeping Development is to be informed immediately by the user when the user has grounds to believe that his or her user information and password are being misused.
The user will indemnify Goalkeeping Development from any claims for damages put forward by other users or any other third parties to Goalkeeping Development. This is valid in cases where the rights of other users or any other third parties have been damaged by content posted by the user on Goalkeeping Development. In such cases, the user will cover all necessary legal defence costs incurred by Goalkeeping Development. Furthermore, the user will cover all statutory court fees and statutory lawyer fees. If the infringement was not the responsibility of the user, the above listed costs will not be borne by him or her. In case of any legal proceedings, the user is obliged to make any information that is required available for the purposes of the defence.
The user is obliged when using our software, practice videos, training plans and training tools etc. to bear in mind his or her own physical constitution or that of third parties, and in doing so, not to exceed his or her own physical limitations or those of others.
5. Limitation of Liability
Goalkeeping Development is only liable to the user in cases where its contractual obligations were deliberately and negligently flouted. In case of damages due to extraordinary or unforeseeable events (e.g. acts of God), Goalkeeping Development is exempt from any responsibility.
Goalkeeping Development is not liable for any medicinal or pathological consequences brought about by the use of our training content, training tools and Internet services, in as far as the intensity of the training session was not suited to the physical constitution or capabilities of the trainer or participants. Furthermore Goalkeeping Development denies all liability concerning sporting accidents, injuries or the like in relation to the performance of goalkeeper-events, camps, workshops or training units that are part of Keeper Academy or Rent a Coach. Any costs that may arise thereby have to be paid by the participant himself / herself or his / her parent or legal guardian. The client accepts this agreement with the booking of one of our products.
With regard to the Keeper Academy, a minimum of five chidren are required for the training group to be run. If this group size cannot be achieved due to low demand, goalkeeping development reserves the right to cancel the respective training dates and to refund the price paid to the customer. If a participant does not attend a training unit, for example, due to illness or for other personal reasons, the participant will bear the liability for the resulting costs him- or herself. Goalkeeping development will not refund the fees for the units missed. Within the Keeper Academy, the trainer's supervisory duties are limited to the training time of 60 minutes per unit. Before the training starts and after the training has ended the parents of the participants are obliged to supervise their children on their own within the respective club's training ground.
Goalkeeping Development will not cover the financial costs of immediately occurring and/or long-term health problems where injury is sustained when using Goalkeeping Development in either training sessions or competitive fixtures. The aforementioned limitation of liability is also applicable in the following cases:
- Attacks via either the Intranet and/or the Internet (hacking).
- Data loss due to a system crash.
- Data loss due to erroneous use of the platform’s services.
- Data loss due to the giving of the user’s password information to a third party.
6. Rights and Responsibilities of Goalkeeping Development
If the user flouts the General Terms and Conditions of Business, or if there exists a substantiated suspicion that the user has flouted the General Terms and Conditions of Business, Goalkeeping Development is permitted to exclude the user from making use of any of its products or services, to deny the user access to the platform by blocking his or her password and to delete all content utilized by the user permanently. In such cases, Goalkeeping Development will pay no compensation to the user.
Goalkeeping Development is entitled to change the content and the services on the platform, as well as the General Terms and Conditions of Business. The user will be informed of all changes immediately.
All published content, data, graphics, tables, information and services on Goalkeeping Development are protected by copyright. Any private use of these is only permissible after having obtained the required rights (especially, copyright and intellectual property rights) from Goalkeeping Development. Of particular relevance here is the reproduction, dissemination or publication of the above-listed copyright protected property for advertising purposes. Links to the Goalkeeping Development’s websites are permitted and welcomed, and do not require permission from the website’s operator. The depiction of this website on other sites is only allowed with the permission of Goalkeeping Development. The disregarding of copyright will result in Goalkeeping Development pursuing criminal and/or civil legal proceedings against the infringer.Where Goalkeeping Development makes use of copyright protected material on its own site, the rights of third parties will be observed. The content or contributions of third parties will therefore be denoted as such.
Participants of Keeper Academy, Goalkeeper Day, and/or our training courses, as well as customers of other events related to Rent a Coach, hereby grant Goalkeeping Development GmbH permission to take photographs and/or videos during events and/or training courses and to use these photographs and/or videos for marketing purposes in any and all of its publications, including web-based publications, its homepage or social media channels, without payment or other consideration. At any time, participants are entitled to revoke their permission in written form with effect for the future. In case of revocation, Goalkeeping Development GmbH will remove said photographs and/or videos from all its platforms and all platforms Goalkeeping Development GmbH has access to.
8. Content and Availability
The content on the Goalkeeping Development website was created with the greatest of care. Goalkeeping Development assumes no liability for the accuracy, completeness or the topicality of that content. Goalkeeping Development strives to ensure that its services are accessible free from disruption. However, disruptions are possible even when the greatest care is taken. In cases of temporary disruption to the service, Goalkeeping Development is not liable to pay the user compensation nor liable to claims for restitution from the user.
Links to the external websites of third parties are the responsibility of the respective operator. Goalkeeping development has absolutely no influence over the current or future design of sites to which links have been created. The creation of such links does not mean that Goalkeeping Development adopts content available via such links as its own or agrees with that conent. Goalkeeping Development is not responsible for any illegal content available via such links to external sites.
The customer hereby agrees that Goalkeeping Development may collect, store, process, and use personal data, which the customer provides during the ordering process (online and offline) and during registration for our trial month, for promotional purposes. This permitted use includes but is not limited to contacting the customer via letter, phone, text message, e-mail (including newsletter), app notifications, or other forms of electronic mail. The preceding declaration of consent is voluntary and may be revoked at any time with effect for the future, either by phone (+49 6226 9790108), e-mail (info@) or in writing (Goalkeeping Development GmbH, Sudetenstraße 16, 74850 Schefflenz, Germany). goalkeeping-development.com
10. Severability Clause
Should a clause or provision contained within these General Terms and Conditions of Business prove to be partially or completely void, or become partially or completely void, the remaining clauses and provisions contained therein remain valid.
11. Location of Court of Jurisdiction
The location of the court to be used for disputes with regard to the licence agreement will be in Heidelberg.
12. Cancellation Policy
You have the right to withdraw from this contract within 14 days without providing a reason. The cancellation deadline is 14 days from the day on which you or a named third party who is not the promoter last took goods or services into your or their possession. To exercise your right to withdrawal, you must inform us by giving us a clear declaration of your decision to withdraw from the contract in the form of a letter to the following address (Sudetenstraße 16, 74850 Schefflenz) or an E-mail to the following E-Mail address (firstname.lastname@example.org). The deadline for withdrawal from the contract is held to as long as you send off your notification of withdrawal prior to the elapsing of the deadline.
Following a Withdrawal from a Contract
If you withdraw from this contract, we are obliged to repay all payments we have received from you including delivery costs (with the exception of additional costs incurred where you have chosen a different delivery service other than the cheapest standard delivery) without delay, and within 14 days of the day on which we received notification from you that you wish to withdraw from the contract. To make this payment, we will use the same method of payment used by you to make the original transaction unless an alternative method of repayment is explicitly arranged with you. Under no circumstances will you be charged for this repayment. We may defer repayment until we have received goods back from you, or until you have provided us with evidence that you have sent back those goods to us, whichever occurs sooner. You are to return goods to us or send them back to us without delay, and at the latest within 14 days from the day on which you informed us of your decision to withdraw from this contract. The deadline is held to when you send off the goods prior to the elapsing of the deadline. You are responsible for the immediate cost of returning the goods to us. Should the goods be damaged in any way, you are only obliged to pay compensation for them when it can be established that the goods have been used for purposes other than their intended ones on inspection of their state, properties and functionality.
Disqualification from the Right to Withdrawal
Pursuant to § 312g sub-clause. 2 Nr. 9 of the German Civil Code (BGB), the right to withdrawal does not exist, where there is no other arrangement, in the case of contracts for the provision of services in connection with leisure activities if the contract provides a specific date or period for the provision of that service. A right of withdrawal is also excluded in the case of contracts that deal with the sale of tickets for scheduled leisure events.
The German language shall prevail. In the event of contradictions and/or unclear provisions, version of the General Terms and Conditions in any language shall yield to the German version.