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2PEAK AG Terms & Conditions
1. General Terms, Definitions
1.1 2PEAK AG (following `2PEAK`) conducts a business providing training and coaching services for endurance sports athletes and enthusiasts. Under the name 2PEAK the business is situated on the Internet under its address http://www.2peak.com
1.2 The terms used hereunder are to be defined and understood as follows:
User: A registered subscriber of training services at 2PEAK.
Coach: A coach who looks after the user and is mediated by 2PEAK.
1.3 2PEAK offers training services to its users, which if not specified separately, are charged based on the current price list.
2. Services and Compensations
2.1 2PEAK produces training plans for its users and provides storage space to log the training data.
2.2 The current prices are shown here:Product Overview. All prices include the V.A.T. or sales taxes if applicable. In case 2PEAK provides services that are not contained in the price list, they will have to be specified separately.
2.3 2PEAK makes its services available as soon as the payment has been authorized.
2.4 2PEAK reserves the right to increase prices. A price increase will be communicated 6 weeks in advance in writing. The written form could explicitly be an email.
2.5 All the data that the user enters in order for 2PEAK to process will be owned by 2PEAK, which will explicitly retain the full rights to them.
2.6 The permanent saving of user data will only be granted as long as the user owns a subscription to a 2PEAK service.
3. User rights
3.1 The user can utilize the 2PEAK service for his personal use only, except if he has acquired a coaching license. The passing on or a shared usage by a third party is not permitted in any instance.
3.2 The violation of the user agreement will be instantly punished by expulsion.
3.3 The user is obliged to store his user name and password in a safe place and away from unauthorized usage. The user will let 2PEAK instantly know in the case of a suspect that unauthorized people have gained access to such information. 2PEAK can not be held liable for damages that did arise from unauthorized usage. Such is also valid in the case that an unauthorized person gained knowledge of a user name and/or password.
3.4 2PEAK will make user data available to export on external formats only if the legitimate user requests it and against a fee that covers 2PEAK`s cost to search, prepare and export the data.
4.Guarantee
4.1 2PEAK guarantees that the service is free of faults that would diminish the value or suitability for its ordinary usage. An irrelevant diminishing in value or suitability will not be considered. The user acknowledges that at the cutting edge of technology it is impossible to provide a totally flawless system.
4.2 In case of bugs or faults the user is bound to notify 2PEAK instantly. Such a notification needs to be complete of an accurate description of the error.
The user will make available to 2PEAK all information and documents it will need to analyze and resolve the problem and will cooperate with 2PEAK within his possibilities to resolve the issue.
4.3 Will an examination reveal that there was neither a fault nor a bug that was caused by 2PEAK, then 2PEAK can request a refund based on the hourly costs at market price.
4.4. 2PEAK does not grant for the accuracy of the training content.
5. Privacy Policy
2PEAK is committed to protect your privacy. The data that 2PEAK stores will be kept confidential and used only for the contractually agreed purpose. It will not be handed over to third parties under any circumstance.
6.Availability of 2PEAK.com
6.1 2PEAK reserves the right to constrain or at times reduce the availability of its server and services. Such constrains can be due uncontrollable events, such as strikes, or technical or other issues which are impeding an optimal or complete performance of 2PEAK`s services.
6.2 Any liability of 2PEAK for damages or claims arising from reduced availability of services is herewith explicitly denied.
7.Limited liability
7.1 A liability of 2PEAK - regardless out of which motivation - will only be valid if it resulted from a material breach of contract related to its contractual obligations or if it resulted from negligence or bad intent.
In all other cases a liability is excluded.
7.2 In case 2PEAK would be held liable for breach of an essential contracted duty without intent or negligence, then the liability shall be limited to the value of the contracted agreement.
2PEAK`s liability for loss of data or programs as well as its restoration is limited to the same conditions as outlined above and only if the loss, could not have been limited or avoided by the users precaution.
The user will obey to all laws and in particular those relating to privacy and data protection.
I the case of claims from a third party related to unlawful behavior in whatever form, the user will release 2PEAK from all possible claims and cover all costs that might arise in this regard.
7.3 The user declares that he is using 2PEAK.com on his own and full responsibility. In particular he is aware that the information and data that 2PEAK makes available is not intended to replace the consultation with a medical doctor.
2PEAK stresses that all workouts and training plans could be potentially harmful and cause injuries. Therefore 2PEAK emphasizes to consult a medical doctor before starting the use of its training plans.
7.4 The user will abstain from holding 2PEAK and/or its employees, directors and officers, liable from claims against coaches that offer their service through the 2PEAK platform.
8. Damages
Damages will come under the statute of limitations one year after the victim has become aware of the circumstances that lead to a claim of compensation. In any case, damages will come under the statute of limitations 2 years after the damaging event.
9. Changes of these Terms & Conditions
9.1 2PEAK reserves the right, to amend these Terms and Conditions any time. Changes will be notified by email to its users.
If the users does not object to the changes inside two weeks after the email has been sent, the amendments will be regarded as accepted explicitly.
9.2 The validity of these T&C`s will not be affected if 2PEAK adds divisions or and in particular adds and/or renames segments under 2PEAK.com.
10 Governing Law, place of jurisdiction, miscellaneous.
10.1 These Terms and Conditions shall be governed and construed in accordance with Swiss law and the parties submit to the exclusive jurisdiction of the Swiss court in Basel. 2PEAK may, at its sole discretion, choose to go to courts at the residence of the plaintiff.
10.2 In case single or several articles of these terms and Conditions should become ineffective, impracticable or late, they will still leave untouched the validity of this entire understanding regarding the subject matter. The law will in such a case replace an ineffective or impracticable part. The same applies in the case these Terms and Conditions should contain omissions of statutory regulations. In such a case the law will close such omissions.
These terms and Conditions are subject to Swiss law. Court of jurisdiction for all claims is Basel.
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