Terms of use

Terms of use

These Terms of Use of Advance.Football GmbH, Schanzenstraße 28, 68159 Mannheim, Germany (hereinafter "Provider") govern the contractual relationship between the Provider and the natural persons and legal entities that use the online learning platform "Advance.Football" as customers (hereinafter "Users")" (hereinafter "Platform"). Courses subject to a fee are marked accordingly on the platform and can be booked individually by the User. 

§ 1 Subject matter of the contract 

(1) Various services are offered on the platform in freely selectable courses. The customer's offer request represents the offer to conclude a contract. An acceptance of this offer is only concluded with the sending of the order confirmation by the provider. The invoice is sent by email. 

(2) The services offered by the provider are in particular access to the learning content offered on the platform on topics ranging from coaching, to technique and tactics training, to training efficiency. In addition, during the term of the contract, there is the opportunity to participate in the live training sessions announced on the platform and to ask the speaker live questions. The live training sessions are also available for later viewing on the platform.

 (3) The provider is entitled to change the range of services (courses offered, course content, individual coaching) if and to the extent that the fulfillment of the purpose of the contract concluded with the user is not significantly impaired. The user will be notified of such changes by the provider.

§ 2 Availability 

The platform is available 24 hours a day for online access via the Internet. Within these operating hours, the provider assures the user an average availability of the database of 97%. Exceptions are short maintenance times or outages due to force majeure.

§ 3 Registration 

(1) The use of the platform requires registration. The user is obliged to provide the data requested during registration correctly and completely.

(2) After registration, the user receives an access code and a password. The user must keep the access code assigned to him and the password protected from access by third parties. If incorrect password entries are registered three times in succession under an access ID, the connection shall be interrupted. 

§ 4 Right of withdrawal for consumers: 

(1) If you are a consumer within the meaning of § 13 BGB, you are entitled to the following right of withdrawal. In this context, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Cancellation policy 

Right of withdrawal 

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us, Advance.Football GmbH, Schanzenstraße 28, 68159 Mannheim, Germany Tel: +49 (800) 000 8649 E-Mail: contact@advance.football by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract.

For this purpose, you can electronically fill out and submit the withdrawal form provided online on our website www.advance.football/widerruf, which is, however, not mandatory.

If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.

You may also submit another unequivocal statement.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation 

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the service already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the service provided for in the contract.

End of the cancellation policy 

(2) The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has begun performance of the contract after the consumer has 

1. has expressly consented to the Contractor commencing performance of the contract before the expiry of the withdrawal period, and

2. has confirmed his knowledge that by his consent he loses his right of withdrawal at the beginning of the execution of the contract. 

§ 5 Technical requirements 

(1) The user must observe (1) the technical requirements specified (1) on the platform in order to enable undisturbed access to the platform and retrieval of the content. The user is responsible for the procurement and maintenance of the connections hardware, software and to public telecommunications networks required by him.

(2) The costs of setting up the online connection and maintaining it on the user's side shall be borne by the user. The provider is not liable for the security and continuity of data communication, which is conducted via third-party communication networks. The provider is also not liable for disruptions in data transmission caused by technical errors or configuration problems on the user side.

(3) The user is responsible for the hardware and software used by him as well as for the communication channels used by him. A failure of the hardware and software used by him does not release him from the obligation to pay the remuneration.

§ 6 Rights of use 

(1) The retrievable individual contents are - unless otherwise noted - protected by copyright. The user is obliged to observe the existing copyrights and undertakes not to violate them.

(2) The user may only retrieve and use the content for his own use. The limits of § 53 UrhG apply as a benchmark for this. The retrieved information may only be used for the user's own use. The technical platform and all content retrieved via it are for personal and non-commercial use only. Users are not entitled to use the service for public reproduction (financial or otherwise) for profit. 

(3) The contents may - beyond the expressly permitted scope - neither be downloaded or reproduced in whole or in part, made accessible to third parties, publicly presented or reproduced or in any other way passed on to third parties permanently or temporarily, for a fee or free of charge. Furthermore, any adaptation, translation or other processing of the contents is prohibited.

§ 7 Remuneration and payment methods 

(1) The prices for the individual memberships are displayed on the platform. 

(2) The use of offers subject to a charge can be paid either by credit card, bank transfer or PayPal. The user's credit card account or PayPal account will be debited upon completion of the order. In the event of an installment agreement, the monthly dates for bank collection and debiting of the credit card account shall be specified. 

(3) If the payment method is "bank transfer", the invoice amount stated on the invoice is due immediately upon receipt of the invoice.

(4) Any refund claims of the user, e.g. due to overpayments, double payments, etc., will be credited to the user's invoice account and, as far as possible, offset against the next receivable due.

§ 8 Copy protection and exclusion from use 

(1) The provider is entitled to provide all provided content with an encoding to prevent unauthorized duplication. The user is not entitled to remove these codings. The provider is entitled to further develop the coding technology in accordance with the state of technical development and within the scope of legal permissibility.

(2) The user acquires the right to access the offered streaming content online, but not the right to permanently store this content. In particular, the local storage of streaming content, copying and recording with capture software, etc. is prohibited. Furthermore, it is not permitted to pass on streaming content or make it accessible to third parties.

(4) The user gets access with his registered device. The number of devices that can be used depends on the package price purchased. Registration and deregistration of registered devices is possible at any time in the administration area "Main Account".

(3) In the event of serious and/or continued violations of these Terms of Use, users concerned may be excluded from using the platform temporarily or permanently. The temporary or permanent exclusion of a user must always be preceded by a request to cease the offending behavior. The exclusion can only be pronounced if the user in question does not noticeably change his or her behavior. Users who have already been excluded can be readmitted if it is ensured that the abusive behavior will cease in the future.

§ 9 Warranty and liability 

(1) Should it become apparent that the information provided to the User by the Provider is incorrect or no longer up to date, the Provider shall subsequently provide the User with error-free and updated information. Insofar as the replacement delivery fails, the User shall have the right to rescission or reduction of the remuneration paid for the information retrieval.

(2) The Provider shall not be liable for the existence, suitability and faultlessness of the public transmission lines used by the User and the User's own data communication equipment.

(3) Without prejudice to the warranty claims in paragraph (1), the provider is liable for damages only in accordance with letters a) to c):

a) for injury to life, body, health and/or guarantees as well as for damage caused intentionally or by gross negligence without limitation;

b) in cases of product liability in accordance with the Product Liability Act;

c) for the breach of material contractual obligations due to slight negligence, the resulting liability for damages shall be limited to the extent of the damage that we typically had to expect at the time of the conclusion of the contract based on the circumstances known to us at that time. Material contractual obligations are those fundamental obligations which were decisive for the conclusion of your contract and on whose compliance you could rely;

(4) In all other respects, any liability for damages on the part of the provider, regardless of the legal grounds, is excluded.

§ 10 Term of the contract and termination 

(1) The user contract is concluded for a period of one month or one year, depending on the user's choice. 

(2) The term of the contract is automatically extended by the selected period if the user does not terminate the contract within the following deadlines. The monthly membership can be terminated at any time, the annual membership can be terminated with a notice period of one month to the end of the current contract year.

(3) The User's obligations under § 7 of this Agreement shall not be affected by the fact that the User does not use or call up the booked offers.

(4) The above provisions shall not affect the right of either party to terminate for good cause. An important reason for the Provider exists in particular if the continuation of the contractual relationship until the expiration of the term of the contract is not reasonable for the Provider, taking into account all circumstances of the individual case and weighing the interests of the Provider and the User. Important reasons are in particular the following events:

1. Failure of the user to comply with legal requirements;

2. Violation by the user of his contractual obligations.

§ 11 Applicable law 

The contract concluded with the User shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

§ 12 Agreement on the place of jurisdiction 

If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the User and the Provider shall be Mannheim, Germany.

§ 13 Reservation of right of modification 

The Provider is entitled to amend or supplement these Terms and Conditions at any time, insofar as this becomes necessary due to corresponding changes in the law or in the course of expanding the areas and technical circumstances of the platform to cover the newly integrated functions. The User has the right to object to such a change. If the User does not object to the amended terms and conditions within 6 weeks after receipt of the notice of amendment, they shall become effective. The Provider shall specifically inform the User in writing or via e-mail at the beginning of the period that the notice of change shall be deemed accepted if the User does not object to it within 6 weeks.

§ 14 Final provisions 

(1) Unless otherwise agreed, the user may submit all declarations to the provider by e-mail or using the contact form or transmit them by fax or letter. The Provider may transmit declarations to the User by e-mail or by fax or letter to the addresses that the User has specified as current contact data in his user account.

(2) If individual provisions of these Terms of Use are or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply accordingly in the event of contractual loopholes.

§ 15 Out-of-court dispute resolution procedures 

The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure of a consumer arbitration board.

Status: 03 March 2021