General Terms and Conditions of Azum
Subject of the contract
These general terms and conditions (“GTC”) apply to the use of the services and functions available on the website www.azum.com (including shop.azum.ch) and via the Azum application from AZUM system AG, Rautistrasse 61, 8047 Zurich, («Azum»). The website www.azum.com (incl. Shop.azum.ch) and the Azum application are hereinafter jointly referred to as the «Azum platform».
Contractual partner and conclusion of contract
Azum’s services can be obtained by athletes and coaches (both hereinafter referred to as “customers”) who have registered as athletes or coaches on the Azum platform.
Only natural persons can register as athletes. Natural or legal persons can register as coaches.
The registration as a coach is intended for trainers, supervisors, consultants, nutritionists and companies in particular from the sports and nutrition sector. Azum can refuse registration as a coach if a coach does not fit Azum’s concept. Commercial use of the Azum platform by coaches can be refused by Azum without justification or made dependent on certain requirements.
The contract between the customer and Azum in accordance with these terms and conditions comes into being with the registration as an athlete or coach on the Azum platform.
Services from Azum
General
Azum makes the Azum platform available to its customers.
On the Azum platform, offers Azum offers various functions in the area of planning, implementation and analysis of sporting activities and nutrition («Azum functions»). The Azum platform is aimed at coaches and athletes in the sport of triathlon, although they can also be used for other sports.
Via the Azum platform, coaches and their athletes can also connect, communicate and share content (e.g. training plans, Availabilities etc.).
For athletes
On the Azum platform, athletes can use their athlete profile to find everything for the Record data and information relevant to sporting activities.
Azum offers athletes various training plans and nutrition programs, some of which are subject to a fee, for downloading (“Downloads”). Azum can offer products for sale via the Azum platform.
Furthermore, athletes can plan, carry out and analyze various sporting activities (especially training) via the Azum platform. Azum offers the common interfaces to measuring devices (e.g. heart rate monitor) within the scope of certain functions.
For coaches
About Azum -Platform, coaches can create their own coach platform (so-called « Cloud ») design. The respective cloud can only be visited by the responsible coach and the coaches and athletes invited by him.
The coaches can exchange information with their athletes via the cloud, e.g. videos with training instructions, training plans, nutrition programs, etc. Coaches can analyze the data entered by their athletes (e.g. training times) in the cloud.
Changes to the Azum functions offered
Azum is constantly adapting the various Azum functions to current needs. The exact range of functions is always available on the Azum platform Azum informs its customers about major changes. Customers do not have the right to have certain functions maintained. Azum can adapt, add to or delete any function.
Downloads must be downloaded when purchasing and through the Kun which are saved on their own storage medium. There is no claim that the downloads will be available for download again at a later point in time.
Price and payment
Price for using the Azum platform
The customer pays Azum a monthly fee for using the Azum platform. The amount of the fee depends on the information provided during the registration process and can be different for athletes and coaches. Azum can adjust the monthly fee at any time subject to the notice period in accordance with section 9.
Price for downloads and products
The price for downloads and products is based according to the information provided when purchasing via the Azum platform.
Azum reserves the right to change prices. The price stated on the Azum platform at the time of purchase applies.
Invoicing
The customer pays the monthly fee and the price for downloads and Products in advance using a valid credit card or other payment method approved by Azum. The customer hereby authorizes Azum to debit the specified payment method with the amount due.
If for any reason it is not possible to make an automatic payment, Azum can block the use of the Azum platform for this customer, until payment has been received.
No Refunds
Services, downloads and products purchased from Azum are non-refundable. In particular, there will be no reimbursement if the Azum platform could not be used for health reasons.
Customer Obligations
User content
As part of the use of the Azum platform, customers are permitted to post certain data and content (“user content”) on the Azum Insert platform. The customer is solely responsible for ensuring that he has all the necessary licenses, permits and authorizations and that he is available to use the user content on the Azum platform. The customer undertakes not to enter any user content on the Azum platform that violates the property rights of third parties.
Furthermore, the customer undertakes not to post any user content on the Azum platform that reproduces the wrong fact, defamatory , are defamatory, racially or ethnically offensive or are threatening to persons or legal entities or are in any other way illegal.
Azum can delete user content that violates these provisions from the Azum platform at any time. If a customer violates these provisions, Azum can also immediately terminate the right to use the platform for the respective customer without observing the notice period.
Guidelines
The customer agrees that he will comply with all guidelines published on the Azum platform with regard to the form and content of user content.
Relationship between coaches and athletes
Azum is not involved in the legal relationship between coach and athlete. The customers undertake to work with the respective coach or coach. To regulate the athlete separately and independently of the Azum offer.
Via the Azum platform, athletes can share data relating to their health with their coaches (e.g. taking medication). Health data are particularly sensitive personal data. The coaches undertake to treat the health data with the greatest care and only share it with third parties if the respective athlete expressly agrees to it.
Liability and warranty
Regarding the operation and availability of the Azum platform
The customers are aware that errors can creep in even with careful software development and maintenance, so that Azum cannot guarantee the interrupted and error-free availability of the Azum platform. Azum is not liable for any damage (including reputational damage) that customers may suffer from interruptions or errors.
For maintenance, security or capacity reasons, the operation of the Azum platform or certain functions may be temporarily suspended or restricted will. In the event of foreseeable interruptions, customers will be informed via the Azum platform or by e-mail.
Azum limits its liability to damage caused by intentional breach of contract or gross and moderate negligence on the part of Azum. If customers discover defects and malfunctions, they must inform Azum immediately.
Azum is not liable for defects and malfunctions for which it is not responsible, especially not for security defects and operational failures of third-party companies with which it works or on which it is dependent.
Furthermore, Azum is not liable for force majeure, improper procedures and disregard of the risks on the part of the customers, excessive use, unsuitable resources of the customers, extreme environmental influences, interventions by customers and interventions by third parties (e.g. computer viruses) that happen despite the necessary current security precautions.
Regarding the behavior of customers
Azum is not liable for breaches of duty by customers towards other customers. In particular, Azum is not liable for violations of agreements and contracts concluded between customers. Customers are responsible for their own business and private communication with one another.
Azum assumes no liability to customers for direct or indirect damage or disadvantages caused by the use and content of the information published on the Azum platform or the transmission of information via the Azum platform.
Customers must note that customer authentication cannot be absolutely guaranteed. Azum does not guarantee that the named people are actually behind the customer profiles. Anyone who makes contact with other customers via the Azum platform should convince themselves of the identity of the persons concerned.
No liability for offers from third parties
Azum is not responsible for data, offers and content from third parties and those offered on other websites that were accessed via the Azum platform.
Medical disclaimer < / p>
Azum provides the Azum platform and all functions without any guarantee of suitability for the purpose. Customers are solely responsible for their training, competitions, diet and behavior.
By providing the Azum platform and its content, no medical opinion is given and no medical advice is given. None of the content on the Azum platform may be understood as medical advice or diagnosis.
Training and nutrition plans, fitness, evaluation or information reports prepared by Azum may not be viewed by customers as A substitute for medical advice, evaluation or treatment by an appropriately licensed doctor or health care provider.
Azum assumes no liability for damage to health that has occurred through the use of the Azum platform and the Azum functions.
The advice of a doctor must be obtained if there is any suspicion that the use of the contents provided by us could lead to damage to health. For pre-existing conditions, seek advice from a licensed physician before using the features.
Property Rights
Unless otherwise noted and with exception of the following paragraph, Azum holds all rights (including copyrights, trademarks, patents and all other intellectual property rights) in relation to the information, including without limitation, all software programs, texts, graphics, photos, videos, audio data and other materials that it in the Azum platform.
The rights to user content added by coaches (especially in their own cloud) or athletes on the Azum platform remain with the respective coach or athlete. All rights to the source code of the Azum platform including all Azum functions remain with Azum in any case.
Customers have no rights to information from Azum and they may use the informationen only in accordance with these terms and conditions or with our prior written approval. You may not sell, transfer, license, modify or reproduce, display, publicly perform, create derivative works from, or in any other way use the information.
Privacy Policy
The protection of personal data of customers is ensured by Azum in accordance with our data protection declaration and health data protection guidelines .
Azum may use all user content entered on the Azum platform (in particular training data, training results and geographic information) in anonymised form in compliance with data protection law for commercial purposes and pass them on to third parties.
Copies the user content may be stored in accordance with the legal requirements.
Termination
(The contract in accordance with these terms and conditions can be signed by both parties at any time t can be terminated at the end of the monthly term paid by the customer.
In the event of a violation of a provision of these terms and conditions by a customer, Azum has the right to terminate the contract immediately at any time. Monthly fees and prices for downloads and products that have already been paid will not be refunded. Azum reserves the right to make further claims (in particular compensation).
General provisions
Persistence
Should a provision of these terms and conditions be wholly or partly unlawful, invalid or unenforceable, then this part or this provision will be replaced by an appropriate valid provision and the remaining provisions of the terms and conditions remain fully valid.
Local Legislation
Subject to the applicable legal provisions, the content of the Azum platform can be used regardless of your location. However, the Azum platform is not intended for use in those countries in which use would be illegal under local law. The customer is responsible for ensuring that the use of the Azum platform is permitted in the country from which he is accessing it. In any case, use is subject to the provisions of these terms and conditions.
Applicable law and place of jurisdiction
These terms and conditions are subject to Swiss law to the exclusion of the Vienna Sales Convention. Unless otherwise stipulated by mandatory statutory provisions, the court at Azum’s registered office is exclusively responsible for disputes arising from these terms and conditions.