Preamble

"SwingWorks" is an online platform for arranging golf lessons, operated by SwingWorks Systems GmbH. The platform enables users/golf students and golf clubs/golf facilities/golf academies/golf instructors (“users”) to contract and to work with one another, within the framework of contracts concluded between the users. Golf students can book golf trainers, golf lessons, buy lesson packages and gift cards, rent golf clubs, compare golf clubs/golf facilities/golf academies/golf instructors (“providers”) and view and manage their previously booked lessons. Providers can present themselves to golf students via a profile, configure offers and conditions, manage bookings, and organize and manage teaching activities. With "SwingWorks", SwingWorks Systems GmbH provides a corresponding platform for users.

1. Scope of the general terms and conditions of use

1.1 The following general business terms and conditions of use apply to all services offered and provided by "SwingWorks" in and via the www.swingworks.de internet portal and its sub-pages.

1.2 The following general terms and conditions of use exclusively apply. Deviating contractual conditions of the user or provider only apply if they have been confirmed by "SwingWorks" in writing.

2. Offer and scope of services

2.1 Subject of this contract is access to the golf portal www.swingworks.de for the purposes described in the preamble of these terms and conditions, where providers can present themselves and get in contact with golf students. "SwingWorks" develops and maintains the online platform but does not act as an intermediary between users. Not subject to this contract are the services/applications of third parties integrated in the online platform (e.g. payment providers), with whom a separate contractual relationship exists.

2.2 In order to actively engage on "SwingWorks", users/golf students have the option of a free membership ("registered user"). "SwingWorks" provides services for registered users free of charge in accordance with the current presentation of the services on the website www.swingworks.de. Registered users can in particular obtain offers free of charge, book training offers and use other personalized services.

2.3 Providers can use the online portal www.swingworks.de to present their range of services to users/golf students as part of a basic model or a premium model in return for a fee. "SwingWorks" renders services for a fee to providers in accordance with the current presentation of the services on the website www.swingworks.de. Additional services for premium providers beyond software services (e.g. consulting and marketing services) are handled via a separate contractual agreement.

2.4 "SwingWorks" technically and administratively operates the online portal but does not usually provide its own content (e.g. experience reports). "SwingWorks" assumes no responsibility for the content posted by registered users and providers (legality, correctness, and completeness).

3. Contractual relationship with registered users

3.1 Users who want to make use of the additional offer as described under section 2.2 must first register in order to be able to access the extended range of functions. An e-mail address and a password as well as a last name, first name, telephone number, and postal code are mandatory.

3.2. The user assures "SwingWorks" that he/she has reached the age of 18 or that he/she has the explicit consent of their legal guardians to use the services of "SwingWorks". By registering, each user also guarantees that his or her personal details are up-to-date, complete, and truthful, and that they will be updated for the duration of the contractual relationship even past registration.

3.3 By registering, the user concludes a licensing agreement with "SwingWorks" and accepts these general terms and conditions and data protection provisions for the use of the services. This is confirmed by ticking the box when registering. The contract is concluded when the user clicks on "Register" after activating the confirmation email that has been sent.

3.4 Deviating conditions of the user, which are in conflict with these general terms and conditions, do not apply. As part of the contractual relationship with "SwingWorks", these general terms and conditions are valid, even if no reference is made to them again when using other services.

3.5 There is no entitlement to the conclusion of a usage contract. "SwingWorks" can exclude certain email addresses or entire top-level domains from use. "SwingWorks" is entitled to check the personal details of the user on the basis of suitable official papers, and, if necessary, delete or block the profile of the user without specifying any reasons.

3.6 The data collected during registration are only used for internal control purposes. It will not be passed on to third parties.

3.7 The use of the services is only permitted by natural persons for private and/or professional purposes. Use for commercial purposes and resale of the services are not permitted. The user assures that he or she has no business intentions with the use of "SwingWorks" and that any third- party data that may have been entrusted to him or her will not be used for commercial purposes, including advertising. If the user is a provider of golf services and products on the subject of golf and would like to advertise them, he or she must register as a provider and can then post his/her services under his/her profile.

3.8 Registered users are particularly obliged:

a) To provide all information truthfully when registering their profiles;

b) To not impersonate another person and deceive other users or providers about their own identity;

c) To not transfer their user profiles to other users or to allow third parties access to their user profiles;

d) To not register multiple times;

e) Not to violate the rights of third parties, in particular when selecting your own "SwingWorks" user name or other designations, by not using email or internet addresses, personal, company, or other names or designations that include trademarks, violate the copyrights or personal rights of others, or otherwise violate legal provisions, glorify violence or are seditious, or are related to pornography, child pornography, incest, sodomy, political or religious extremism, or terrorism;

f) To inform "SwingWorks" immediately in the event of unauthorized use of the access information;

g) Not to use the services for the sending, distribution, support, or approval of offensive or defamatory content or false information, or approval of pornographic, immoral, or youth-endangering content;

h) Not to use, distribute, support, or approve infringements of intellectual or industrial property rights of third parties, such as trademarks, patents, designs and utility models, copyrights, ancillary copyrights, or other rights of third parties, such as personal rights, naming rights, or that right to use your own picture;

i) To refrain from actions such as sending unusable emails, sending or setting viruses, software for the automatic reading of information, or other programs (spyware, mailware, Trojan horses, etc.); furthermore, to refrain from all actions that could endanger the existence or operation of the data network or data center of "SwingWorks" or its users.

j) Not to set any links to websites or content that violate applicable law, are harmful to minors, or otherwise inadmissible;

3.9 Users are responsible for all content they distribute using the services. The reviews, recommendations, testimonials, and contributions to be read are subjective and only reflect the own perceptions, experiences, and assessments of the registered users. They are neither objectively verifiable nor generally valid or representative.

3.10 In the interests of all users, only factual and true incidents are permitted for reviews, recommendations, and experience reports. Inaccurate information as well as allegations of false and/or dishonorable facts are not permitted. Insults and defamatory criticism (personally disparaging criticism) are also not permitted. To protect the provider, "SwingWorks" reserves the right to delete recommendations and experience reports with the aforementioned content at any time.

3.11 All content posted must correspond to the facts and be as factual, objective, and precise as possible. You may not violate any patent, copyright, trademark, or personal rights, or any other protected legal positions of third parties.

3.12 The user is obliged to inform "SwingWorks" immediately in the event of unauthorized content or actions being found. Furthermore, the user is obliged to notify "SwingWorks" immediately if he or she perceives the content to be inappropriate or incorrect.

3.13 The user agrees that all data made available by him or her (recommendations, testimonials, images, texts, forum contributions, etc.) can be used in any way by "SwingWorks" itself or by third parties named by "SwingWorks”. Particularly successful content can be highlighted by "SwingWorks". "SwingWorks" will retain these legal positions even after the contractual relationship has ended.

3.14 "SwingWorks" is neither obliged nor able to comprehensively check and/or monitor the legality of the content uploaded or published by registered users and to investigate circumstances that indicate illegal activity. However, "SwingWorks" carries out spot checks and reserves the right to check in any case.

3.15 The user is obliged to hold "SwingWorks" harmless from any kind of lawsuits, damages, losses, or claims that may arise through the registration of the user and/or his/her participation in this service. The user is obliged to exempt "SwingWorks" from any liability and from all obligations, expenses, and claims arising from damage due to insult, defamation, violation of personal rights, due to the disruption of services for other users, due to the violation of intellectual property, copyrights, or other rights. In particular, the user ensures that he or she has all rights with regard to the content provided by him or her for publication on the swingworks.de platform and that no third-party rights are violated as a result. The indemnity obligation also relates to the costs that are necessary to defend against such claims.

3.16 Data that is stored in electronic registers or in any other electronic form at "SwingWorks" is deemed to be admissible evidence for evidence of data transfers, contracts, and payments made between the parties. If the user invokes misuse of his/her identity in the context of the conclusion of the contract, he/she will immediately present all facts and indications available to him/her to "SwingWorks". In the event of a breach of this obligation and if there are sufficient indications for an action by the user and not by a third party, the user bears the burden of proof that the identity has been misused.

4. Contractual relationship with providers

4.1 The use of the services as a provider for professional and commercial purposes is permitted. Providers of services and products on the subject of golf who are interested in being listed in the "SwingWorks" databases can register in return for a fee at www.swingworks.de within the stated conditions and present their range of services at www.swingworks.de. They may add texts and pictures to their profile. The providers also have the option to make reference to their website.

4.2 The registration as a provider is only permitted for legal entities, partnerships, and natural persons with unlimited legal capacity. Minors in particular are not allowed to register as providers. An email address and a password as well as a last name, first name, telephone number, and address are essential for registration. The registration of a legal person may only be carried out by a natural person authorized to represent who must be named in the profile data. By registering, each provider guarantees that their information is up-to-date, complete, and truthful, and that it will be updated for the duration of the contractual relationship even after registration. The provider is obliged to immediately notify "SwingWorks" of any changes to the data provided in the course of the registration or changed data to his/her entry.

4.3 By requesting a 30-day test version, the provider makes an offer to conclude a fee-based user contract. To do so, the provider sends an e-mail request, a request via the contact form, or orders the test version by telephone. The provider is bound to his/her offer for a period of two weeks after receipt by "SwingWorks". "SwingWorks" then sends the provider an email invitation to register or provides the access data for the SwingWorks software account by email, thereby confirming the conclusion of the contract. By registering and using the account, the provider accepts these general terms and conditions and data protection provisions for the use of the services. This is confirmed by ticking the box when registering or by receiving the terms and conditions by email. During the free trial period, providers have an extraordinary right of termination, as described under section 8.1.

4.4 Deviating conditions of the provider that contradict these general terms and conditions of use do not apply. As part of the contractual relationship with "SwingWorks", these general terms and conditions are valid, even if no reference is made to them again when using other services.

4.5 The prices as listed on the price list on www.swingworks.de apply. All prices are exclusive of statutory VAT.

4.6 A contractual relationship for a service is generally concluded for a fixed minimum term.

4.7 All providers are obliged to check their entries themselves. "SwingWorks" is not liable for damage, including indirect damage and consequential damage, such as lost profit, which the provider could incur as a result of an incorrect entry.

4.8 There is no entitlement to conclude a licensing agreement. "SwingWorks" can exclude certain email addresses or entire top-level domains from use. "SwingWorks" is entitled to check the provider's personal details and/or company identification data on the basis of suitable official papers and, if necessary, delete or block the provider's profile without giving reasons.

4.9 Services offered free of charge upon conclusion of the contract can be made subject to charges after prior notification. In this case, the provider has an extraordinary right to terminate the service. The change will take effect if “SwingWorks” does not receive any extraordinary termination from the provider within two weeks of receipt of the corresponding notification of the change. "SwingWorks" will inform the provider with the notification of the change of the objection period and the consequences of failing to object.

4.10 The providers are particularly obliged:

a) To provide all information truthfully when registering their profiles;

b) Not to impersonate another person or company and deceive other users or providers about their own identity;

c) Not to transfer their provider profiles to other providers or to allow third parties access to their profiles;

d) Not to register multiple times;

e) Not to violate the rights of third parties, in particular by not using email or internet addresses, personal, company, or other names or designations that violate the trademark, copyright or personal rights of others, or otherwise violate legal provisions, glorify violence or are seditious, or are related to pornography, child pornography, incest, sodomy, political or religious extremism, or terrorism;

f) To inform "SwingWorks" immediately in the event of unauthorized use of the access information;

g) Not to use the services for the sending, distribution, support, or approval of offensive or defamatory content or false information, or approval of pornographic, immoral, or harmful content;

Not to use, distribute, support, or approve the infringement of intellectual or industrial property rights of third parties, such as trademarks, patents, designs and utility models, copyrights, ancillary copyrights, or other rights of third parties such as personal rights, naming rights, or that right to use their own picture;

i) To refrain from actions such as sending unusable emails, sending or setting viruses, software for automatic reading of information, or other programs (spyware, mailware, Trojan horses, etc.); furthermore, to refrain from all actions that could endanger the existence or operation of the data network or data center of "SwingWorks" or its users.

j) Not to set any links to websites or content that violate applicable law, are harmful to minors, or are otherwise inadmissible;

k) Not to manipulate the search function (e.g. for events, offers, searches), e.g. by including abusive brand names or other search terms in the description.

4.11 The providers are responsible for all content they distribute using the services.

4.12 The description of the service and the images used must not infringe the rights of third parties and must relate exclusively to the service/product offered. Advertising for services/products not offered on swingworks.de is not permitted.

4.13 “SwingWorks” is neither obliged nor able to comprehensively check and/or monitor the legality of the content uploaded or published by the providers and to investigate circumstances that indicate illegal activity. However, "SwingWorks" carries out spot checks and reserves the right to check in any case.

4.14 The provider is obliged to inform "SwingWorks" immediately in the event of unauthorized content or actions being found. Furthermore, the provider is obliged to notify “SwingWorks” immediately if he or she perceives the content as inappropriate or incorrect.

4.15 The provider agrees that all data made available can be used in any way by "SwingWorks” or by third parties named by "SwingWorks”. Particularly successful content can be highlighted by "SwingWorks". "SwingWorks" will retain these legal positions even after the contractual relationship has ended.

4.16 The provider is obliged to hold "SwingWorks" harmless from any kind of legal action, damage, loss, or claim that may arise from the provider's registration and/or his or her participation in this service. The provider is obliged to exempt "SwingWorks" from any liability and from all obligations, expenses, and claims arising from damage due to insult, defamation, violation of personal rights, due to the failure of services for other users, due to the infringement of intellectual property, patent -, trademarks, copyrights, or other rights. In particular, the user ensures that he or she has all rights with regard to the content provided by him or her for publication on the swingworks.de platform and that no third-party rights are violated as a result. The indemnity obligation also relates to the costs that are necessary to defend against such claims.

4.17 Data that is stored in electronic registers or in any other electronic form at "SwingWorks" is deemed to be admissible evidence for evidence of data transfers, contracts, and payments made between the parties. If the provider invokes misuse of his or her identity in the context of the conclusion of the contract, he or she will immediately present to "SwingWorks" all facts and indications available to him or her in this regard. In the event of a breach of this obligation and if there are sufficient indications that the provider and not a third party acted, the provider bears the burden of proof that the identity has been misused.

5. Payment terms for providers

5.1 Billing for software services with providers occurs quarterly or annually in advance, as part of a SEPA direct debit mandate (EU clients) or by credit card.

5.2 The provider is obliged to sign a corresponding SEPA mandate. In the case of unfounded return debits (e.g. due to insufficient funds in the account), a processing fee of 5.00 Euro per return debit is due. The provider carries any bank charges for return debits. Providers who do not give or withdraw consent to a direct debit procedure will be charged a monthly processing fee of 10.00 Euro.

5.3 The fees are due for payment upon receipt of the invoice by the provider without any deductions. The invoice will be sent to the provider by email. The provider can request the invoice to be sent by post at any time. This costs 5.00 Euro per invoice.

5.4 If the provider does not meet its payment obligations, "SwingWorks" is entitled to withhold its services and temporarily block the provider's access to the chargeable services - in particular the information provided and the links to the provider's websites. In these cases, "SwingWorks" will notify the provider in writing of the blocking with a period of 10 working days in advance to remedy the delay. After the outstanding claims have been settled, access will be provided. "SwingWorks" reserves the right to make further and more extensive claims, in particular those for compensation for damage caused by default and any extrajudicial prosecution, as well as the declaration of extraordinary termination if the legal requirements are met.

5.5 The provider is payment delayed even without a reminder if he or she does not pay within 14 days of receiving the invoice.

5.6 “SwingWorks” will charge a late payment interest fee at a rate of eight percentage points above the base rate. The assertion of a higher damage caused by default remains reserved.

5.7 "SwingWorks" is entitled to change the prices for individual services at the end of the quarter by notifying the provider in writing with a notice period of two months (tariff change). In the event of an increase, the provider has an extraordinary right to terminate the service at the time of the tariff change. The change will take effect if “SwingWorks” does not receive any extraordinary termination from the provider within two weeks of receipt of the corresponding notification of the change. "SwingWorks" will inform the provider with the notification of the change of the objection period and the consequences of failing to object.

6. Obligations and rights of "SwingWorks", sanctions and measures

6.1 The content published by providers or users on the online portal www.swingworks.de is generally not verified by "SwingWorks" and does not represent the opinion of "SwingWorks". Content that providers publish on swingworks.de can also be published by “SwingWorks” in other media and by cooperative partners or other online portals.

6.2 As soon as there are concrete indications that a user or a provider violates legal regulations, third-party rights, these terms and conditions, or the guidelines of "SwingWorks", or that there is any other legitimate interest in protecting other users or providers, "SwingWorks" can delete content, warn users, and providers, restrict the use of the system, temporarily or permanently block users and providers.

6.3 Blocking the user or provider closes all user profiles opened in his/her name or attributable to him/her. There is no entitlement to the restoration of the blocked user profile or to the opening of a new user profile.

6.4 "SwingWorks" has the right to technically process, prepare, and adapt services from providers in such a way that they can also be displayed on mobile devices or software applications from third parties.

7. Liability, warranty and release from liability

7.1 "SwingWorks" is a service provider within the meaning of Section 7 (1) of the German Telemedia Act (TMG) and responsible for its own content, which can be accessed as part of the offer, in accordance with general law. "SwingWorks" has created its own content to the best of its knowledge, but does not accept any liability for its correctness, completeness, topicality, or for its legality. "SwingWorks" has no influence whatsoever on the design and/or the content of external websites linked to and is neither obliged nor able to monitor them on an ongoing basis.

7.2 Articles published by users and providers are subjective opinions of users and providers and do not in any way reflect the opinion of "SwingWorks", nor are they attributable to "SwingWorks". For this reason, contributions by users and providers do not represent a purchase, contract, contact, other recommendation, or information from "SwingWorks" but solely a subjective opinion of the respective user or provider.

7.3 "SwingWorks" assumes no guarantee, liability, or responsibility for the content generated by users and providers and for the overall impression created by the content of all users or providers. Any kind of exploitation or use of the posted content is therefore entirely at your own risk. The content mentioned shall only be rated as a recommendation or information and should not be understood as a business basis when concluding a contract but rather as an indication of the quality and reliability of the respective provider. "SwingWorks" is also not liable for the overall impression created by the interaction of the individual contributions and the material or immaterial damage that can be attributed to such an overall impression.

7.4 "SwingWorks" is not liable for legal violations, data loss, or other damage to users or providers or third parties that can be traced back to the behavior of its users or providers. The users and providers are solely responsible for their user profiles and for the content posted, sent, or changed by them. In this respect, "SwingWorks" also assumes no liability for data loss, damage, or legal violations that can be traced back to negligent or careless handling of the access data of the user profiles.

7.5 "SwingWorks" is not liable for data loss, access difficulties, and damage caused by improper use of the user profiles by the users or providers or as a result of system errors, system failures that are due to force majeure or external influences (hacker attacks, system failures due to spam Attacks) which are not represented by employees or vicarious agents of "SwingWorks".

7.6 Despite extensive efforts to keep its own system free from external viruses, worms, and other sources of damage, "SwingWorks" cannot guarantee that the system is free of errors and viruses. "SwingWorks" can also not guarantee a fault-free availability of its system. In particular, it is not liable for failures and damage to computer systems that are due to force majeure, external influences, or to a failure or malfunction of the gateways, networks, provider, or host server.

7.7 Version transitions as well as major maintenance, expansion, or overhaul work are usually announced in advance by "SwingWorks" in order to give users and providers the opportunity to protect themselves from any data loss through anticipated data backup. The users and the providers are responsible for regularly backing up their data. There are no liability and/or claims against "SwingWorks" in the event of loss.

7.8 "SwingWorks" is not liable for damage suffered by users or providers through the behavior of other users or providers of the services or through the behavior of third parties who are not vicarious agents of "SwingWorks".

7.9 "SwingWorks" is neither obliged nor able to comprehensively check and/or monitor the legality of the content uploaded or published by third parties and to investigate circumstances that indicate illegal activity. This also applies to hyperlinks. "SwingWorks" assumes no responsibility for the correctness and content of the information in the login or profile data of the user or provider or for any other content generated.

7.10 "SwingWorks" explicitly distances itself from all content on all linked pages on these pages and does not adopt this content as its own. This declaration applies to all links on this website. Furthermore, "SwingWorks" explicitly emphasizes that "SwingWorks" has no influence whatsoever on the design and content of the linked page. Therefore, "SwingWorks" hereby distances itself from all contents of all linked pages on all pages, including all sub-pages. This declaration applies to all links on this online portal and to all contents of the pages to which links or banners from "SwingWorks" lead.

7.11 "SwingWorks" does not act as a representative, vicarious agent, or broker in contracts that its users and providers conclude with linked websites. All business relationships and contracts initiated and concluded between users and providers exclusively take place between them. Also the fulfillment of these concluded contracts exclusively takes place between the users and providers.

7.12 "SwingWorks" rejects any liability for economic, physical, or immaterial damage resulting from the use of its services.

7.13 With regard to free services, "SwingWorks" does not guarantee that these will be available to the user or provider at any time, without interruption or disruption, or that a certain result desired by the user or provider will actually be achieved through these services. As far as paid services as offered by "SwingWorks" are concerned, these may temporarily not be available if third parties do not provide the services required for this (e.g. access to servers, internet connection). Claims for damages due to lack of availability of these services are excluded.

7.14 "SwingWorks" is only liable for simple negligence if an essential contractual obligation has been violated. This applies to contractual purpose endangering obligations in cases when their fulfillment enable the proper execution of the contract in the first place and where users and providers can regularly rely on compliance. The claim for damages by the user or provider in the event of a breach of essential obligations due to simple negligence is limited to the foreseeable damage typical for the contract.

7.15 The user or provider releases "SwingWorks" from all claims by third parties that are asserted against "SwingWorks" due to an actual or alleged violation of their rights due to the behavior of the user. In this case, the exemption also includes reasonable legal defense costs (court and lawyer fees) for "SwingWorks".

7.16 "SwingWorks" is not liable for unauthorized access to personal user or provider data by third parties (e.g. through unauthorized access by "hackers" to the database). "SwingWorks" can also not be held liable for the misuse of details and information that the users or providers themselves have made available to third parties.

7.17 If "SwingWorks" is informed about legal violations and/or legal rights violations, the corresponding content will be removed immediately, subject to a comprehensive check. "SwingWorks" reserves the right to block and/or permanently remove content made accessible by third parties, including links. Legal violations can be reported by sending an email to. The contact address can be found as part of our imprint.

8. Term and Termination

8.1 The contract between the registered user or registered provider and "SwingWorks" has an unlimited term. Both the registered user or registered provider and "SwingWorks" can terminate this contract with regard to free services (e.g. during the free trial period) at any time without giving reasons by email, stating the email address registered with "SwingWorks". Then the profile of the registered user or registered provider with all content published by this profile on the online portal swingworks.de will be deleted. Contact us to cancel your registration. You can find the contact address in our imprint.

8.2. The minimum contract duration for chargeable services is one year from the conclusion of the contract. If there is no termination notice received four weeks before the end of the contract, then this contract automatically renews for the period which the contract is based on.

8.3 Any termination must be in writing to be effective.

8.4 The right of both parties to terminate for an important reason remains unaffected.

8.5 Without prejudice to the right to terminate, "SwingWorks" is entitled to cease operation of the online portal in whole or in part. "SwingWorks" can decide at any time to discontinue individual services or the offer as a whole, to exclusively offer them in return for a fee, or to modify them in the future.

9. Right of withdrawal for consumers

If the user is a consumer, he or she is entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can neither be predominantly attributed to his/her commercial nor to his/her self-employed professional activity:

9.1. Right of withdrawal

Every user has the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise the right of withdrawal, the user must inform us (SwingWorks Systems GmbH, Maienbreite 59, 92318 Neumarkt, phone: +49 (0) 9181 520 6003, email: info@swingworks.de) by means of a clear declaration (e.g. a letter sent by post or email) of his/her decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for the user to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

The customer can view and download a sample withdrawal form under www.swingworks.de/de/widerrufsrecht but is not obliged to use this sample withdrawal form.

9.2. Consequences of the withdrawal

If the user cancels this contract, "SwingWorks" has to immediately repay all payments that "SwingWorks" has received from the user, including the delivery costs (with the exception of additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us), at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. For this repayment, "SwingWorks" uses the same means of payment that the user used in the original transaction, unless something else was expressly agreed; there won’t be any fees charged on behalf this repayment.

If the user has requested that the services should begin during the withdrawal period, an appropriate amount is to be paid to "SwingWorks", which corresponds to the proportion of the services already provided up to the point in time at which the user of "SwingWorks" notifies of the exercise of the right of withdrawal with regard to this contract, as compared to the total scope of the services provided in the contract.

9.3 Exclusion or premature expiry of the right of withdrawal

The right of revocation does not apply to remotely signed contracts for the delivery of goods and services that were customized based on customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.

The right of withdrawal prematurely expires if the contract has been completely fulfilled by both parties at the user’s explicit request before the right of withdrawal was exercised.

10. Copyrights and Trademarks

10.1 The content published on www.swingworks.de (especially texts and images) is fundamentally protected by copyright. The reproduction or any other use or exploitation of copyrighted content is not permitted without the consent of the respective copyright holder. Contents that are accessible within the framework of the system may not be set up on other websites or otherwise marketed or distributed without the express consent of "SwingWorks". "SwingWorks" expressly prohibits third parties from using the services and the swingworks.de website using scripts, robots, crawlers, and similar software to automatically read information - even if these third parties are not registered with swingworks.de.

10.2 By posting texts and other possibly copyrighted material, a registered user or registered provider grants “SwingWorks” the transferable right free of charge to store, reproduce, and distribute the material and to make it publicly available to users of the offer and the services, for saving and printing and to use it in online, print, and other media to promote the offer, for an unlimited period of time. Within the offer, posted material can also be editorially highlighted and rated.

10.3 It is the sole responsibility of each registered user or registered provider to acquire the necessary rights for posting material in the www.swingworks.de portal from "SwingWorks". As a rule of thumb, “SwingWorks” only has the necessary rights if “SwingWorks” has produced the relevant material itself. The registered user or registered provider is obliged to exempt "SwingWorks" from any claims by third parties that have arisen as a result of a violation of the copyright provisions through the behavior of the user or provider.

10.4 By posting content, the registered user or registered provider ensures that he or she has all rights to publish and use the content.

10.5 The users and providers are advised that the layout of the websites, their content, but also these terms and conditions are protected and can only be reproduced, exploited, revised, or used in other websites or other media with the prior written consent of "SwingWorks".

10.6 "SwingWorks" is a word mark registered with the German Patent and Trademark Office under the reference number: 30 2014 027 701.8 / 41.

10.7 The user may not use the data retrieved to create databases or information directories of any kind in digital or non-digital form.

11. Data privacy

11.1 "SwingWorks" does not guarantee that data from a user or provider profile that is received via third-party services, such as Google or other search engines that can be found and viewed will be deleted. This is possible, for example, if these third-party services have cached pages or if such pages are accessed via the cache. In this respect, "SwingWorks" does not guarantee that data can no longer be found in any way even after it has been changed or deleted.

11.2 "SwingWorks" is entitled to send the registered user or registered provider information to the email address provided by him, which is necessary for communication within these general terms and conditions.

11.3 The data is used in accordance with German data protection regulations. The registered user or registered provider has the right to revoke this consent at any time taking effect in the future. The registered user or registered provider has taken note of the data privacy declaration.

11.4 All further information on the subject of data protection can be found in the "SwingWorks" data privacy declaration on www.swingworks.de.

12. Changes to the general terms and conditions of use

12.1 "SwingWorks" reserves the right to change the general business terms and conditions of use at any time taking effect in the future, at its own discretion and without giving reasons.

12.2 The newly amended general business terms and conditions of use will be displayed to the registered user or registered provider or all other contractual partners the next time they log in to the portal. The new general terms and conditions of use are deemed to have been agreed if the registered user or registered provider does not object to their validity within 14 days of receipt of the notice. The objection must be in text form. "SwingWorks" will separately inform the registered user or registered provider about the possibility of objection, the deadline, and the consequences of inaction. If the registered user or registered provider objects, each party has the right to terminate the agreement with immediate effect.

12.3 However, the possibility of changing the general terms and conditions of use does not exist for changes that restrict the content and scope of the existing core usage options of swingworks.de, nor for the introduction of new obligations for the contractual partner not previously laid down in the general terms and conditions of use.

13. Final provisions

13.1 The user or provider is not entitled to offsetting, unless the counterclaim is not disputed by "SwingWorks" or has been legally established. The same applies to the assertion of a right of retention, which must also originate from the same contractual relationship.

13.2 The law of the Federal Republic of Germany exclusively applies to the contractual relationships with registered users, providers, and all other contractual partners, as well as to these general terms and conditions and their interpretation. The application of German international private law and the UN sales law is excluded.

13.3 If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, or if the customer does not have a permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract is Neumarkt i. d. Oberpfalz, Germany. If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, or if the contractual partner does not have a permanent residence in Germany, the place of fulfillment for all rights and obligations arising from the contractual relationship with the user is also Neumarkt i. d. Oberpfalz, Germany.

13.4 If individual provisions of these conditions are or become ineffective and/or unenforceable, the validity of the remaining conditions remains unaffected. Ineffective and/or unenforceable provisions will be replaced by an effective and enforceable provision, which, taking into account the interests of both parties, is most likely to achieve the desired economic purpose. The same applies to the filling of gaps in these terms and conditions of use. Sentences 2 and 3 of this section 13.4 do not apply if the contractual partner is a consumer within the meaning of Section § 13 BGB.

Last update: 19th December 2020