Terms of Service
1.1. These Terms and Conditions apply to all services offered by Surfers Health (Daniel Schudt, Handeloher , 21256 Handeloh, Germany (“Provider”) via the website www.surfers-health.com (“website”) in particular to any paid multimedia training & exercise programs (hereinafter in their entirety referred to as “Online Programs”) offered to website users (“users”).
1.2. By using the website and/or ordering any of the Online Programs in a legally binding manner, the User accepts the applicability of the present Terms & Conditions.
Health & Safety Disclaimer.
2.1. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Material available hereon. This Site is not intended to provide medical advice or make medical diagnoses. The Material on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. The Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn't inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Material contained hereon. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.
Participate in any of the material streamed on the Surfers Health site at your own risk.
Offer and scope of services
3.1. The Provider offers its Online Programs against the payment of a one-time usage fee or a recurring subscription fee to all Users worldwide under the conditions specified in these Terms & Conditions.
3.2. The type and scope of the services available to the User in the context of the Online Programs, details regarding the available functions as well as their availability may be viewed on the Website at any time. The main component of the Online Programs is the intangible provision of information on the topics of activity and motivation for individual retrieval via the Internet for a limited period of time. The Program contents are provided to the User exclusively in different digital formats (e.g. via the Website or another software, via email, as pdf files or as video stream). The video recordings selected for display shall always be transmitted continuously to the device of the User (so-called “streaming”) for which an active internet connection is required. Storing the videos for the purpose of permanent possession (“download”) or the delivery of the Programs’ contents on a data carrier shall be excluded.
3.3. Access to the Online Programs shall be open to the User for the duration of the Online Program that the user has chosen to purchase, starting on the day of successful payment for the Online Program (hereinafter referred to as “Usage Period”). If the User grants access to PDF files with the purchase of the Online Program, access to the files is not restricted.
3.4. If the Provider issues coupons for free or at a reduced price usage of the Online Programs (“Discount coupons”), such coupons shall only entitle the User redeeming them to use the Online Programs for a predetermined period of time to the extent specified in connection with the coupon. The Provider reserves the right to change, terminate early or discontinue a free or reduced-price coupon period at any time without giving reasons and without being required to make any advance announcement or to adhere to a notification period. The free or reduced-price usage of the Online Programs by means of a coupon are also be subject to the User’s registration with the Provider or the purchase of any of the Online Programs respectively. After the expiry of the free or reduced-price coupon period the services provided to the User free of charge or reduced in price are automatically terminated.
3.5. Discount coupons shall only be valid within the respectively specified promotion period. The present Terms & Conditions apply accordingly to the participation in the Online Programs for a price reduced usage by means of a discount coupon.
3.6. If, in addition to it´s paid offers, the Provider also provides contents and/or functions via the Website that can be used free of charge, such provision is subject to unannounced changes and/or discontinuance at any time or to a future continuance of the provision against a separate fee only. In addition, the Provider is not responsible for the completeness and/or accuracy of any contents and services offered free of charge. Apart from this, statutory warranty regulations shall apply in case of any shortcomings of the Online Programs.
3.7. In order to be able to participate in the Online Program or to use the contents provided via the Website, the User must fulfill the necessary technical requirements at his/her own expense. The User shall bear the cost for Internet access as well as any arising connection costs; such costs are not included in the services of the Online program. The Provider is currently not aware of any limitations regarding the interoperability or compatibility of the Online Program with the hard- and/or software components currently available on the market. The Online Program can be used with all common Internet browsers in their respective latest version on desktop, as well as on Android and iOS mobile devices. If at all, only older versions as far back as the second latest browser version are supported. However, especially due to potential security risks, it is recommended that the User always updates his Internet browser before using the Online Program. Should the general technical standards in the Internet and, therefore, the technical standards of the Online Program as well, change in the future, the User will have to adapt to these changes at his/her own expense.
3.8. Through the provision of the Program contents for retrieval via the Account, the Provider has fulfilled its contractual obligation to provide the services owed. The Provider shall not be responsible for any loss of the provided data outside the Provider’s control, occurring, in particular, during the transmission of said data via the Internet. The same shall apply to the security of the User’s data transmitted via the Internet.
4.1. In order to get access to any of the Online Programs, the user needs to make a purchase in the online store on the website providing his/her full name, a valid email address, a physical address and one of the available means of payment. After the successful purchase the user will receive access to the Online Program, i.e. through download links to the respective PDF files. The user also receives a purchase confirmation to the email address provided. 4.2. Since the Online Program provided by the Provider exclusively via intangible carriers is available or starts and may be used by the User immediately after the successful registration and/or purchase of the User, it is, furthermore, required for the registration and participation of the User that, prior to submitting a legally binding order, the User provide his/her consent to the fact that the Provider will start to fulfill the contract even prior to the expiry of the statutory revocation period the User is entitled to, and that the User acknowledge that, by giving this consent, he shall lose his/her right of revocation upon the beginning of the contractual performance already.
4.3. By clicking the “Complete” button, the User submits a binding offer for the conclusion of a contract or respectively paid contract regarding the participation in the Online Program subject to the condition precedent of the successful conclusion of the subsequent payment process. The participation contract between the Provider and the User enters into effect once the Provider accepts the User’s offer by means of a confirmation email sent after the successful execution of the selected payment method.
4.4. The Provider reserves the right to reject individual User registrations or purchases without giving reasons.
Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. 5.1. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are nonrefundable.
6.1. Monthly memberships auto-renew at the end of your 1-month billing cycle. Yearly memberships are pre-paid and auto-renew at the end of your 1-yr billing cycle. Memberships with a Free Trial will automatically be charged at the end of the specified trial period. Cancel anytime during the Free Trial to avoid charges. You may only use a Free Trial once. There is no minimum obligation, no refunds, and members may cancel anytime. All memberships must be canceled prior to the auto-renew date to avoid further charges. Please see your Account Page for your renewal date.
For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT Surfers Health, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Surfers Health of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Surfers Health does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Surfers Health or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Your Account / Registration.
7.1. Before you subscribe to the Site, you must first establish a customer account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify Surfers Health immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.
Notice of right to withdraw
8.1. Notice of right to withdraw
You have the right to cancel an order for goods or services. Your right of revocation starts the moment you place your order and ends 14 days from the day you receive your goods.
In order to make use of your right of revocation, you need to inform me, Daniel Schudt, Handeloher Str. 52, 21256 Handeloh / Germany, E-Mail: email@example.com, about your decision to cancel the order by sending an explicit declaration (for example via post or e-mail).
In order to carry out your right of revocation it is sufficient that you send off your declaration about contract cancellation before end of the grace period.
8.2. Consequences of order cancellation
After receiving your contract cancellation I am obligated to refund you all the payments I have received from you incl. any delivery costs (not including the additional cost that arise when you choose a different option of delivery than the one that I am offering as the delivery standard with the lowest price). I need to make the refund to you immediately but no later than fourteen days counting from the day I have received your note about your order cancellation. For the refund I will use the same means of payment that you have used for the purchase transaction, unless you and I have explicitly agreed to a different means. In no case will I add any fees to the refund transaction. 8.3. Premature lapse of your right of revocation Your right of revocation shall lapse prematurely according to § 356 paragraph 5 BGB for a contract about the delivery of digital content that is not stored on a physical data storage medium if the provider (me) has started with the fulfilment of his/her contractual obligations after you
have explicitly agreed that the provider shall start with the fulfillment of his contractual obligations within the grace period of the right to cancel the contract,
have confirmed your knowledge that with you agreeing to start the fulfillment of the contract you lose your right to cancel.
End of revocation instruction
9.1. In case of questions and/or problems in connection with the Online Program, all users can contact the provider. E-mail: firstname.lastname@example.org. The provider will do their best and reply to those emails as fast as possible. If the issue is connected with the software a third party provider such as PayPal, the provider itself needs to contact their support.
10.1. The following acts shall be expressly prohibited for all Users of the online portal:
10.1.1. passing on one’s own access data to the Online Program and/or using third-party user accounts of the Provider;
10.1.2. using software, scripts, mechanisms or other technical tools suitable for impacting the operation of the online portal or the Online Program;
10.1.3. decompiling or disassembling the Online Program or respectively the software programs it is based on, or translating them into readable source code by means of reverse engineering;
10.1.4. any commercial use of the functions and/or contents of the Online Program, in particular the complete and/or partial letting or lending of the access data to the Online Program;
10.1.5. any act of usage regarding the Online Program and/or a content provided via the Online Program that is, in itself, relevant to copyright law, in particular, the copying or dissemination of the Online Program and/or such a content, or making them publicly available, unless such acts are expressly permitted by these Terms & Conditions or by the respective usage contract.
10.1.6. using the Online Program for publicly displaying the contents retrievable via the Online Program for free or against payment;
10.1.7. using the access to the Online Program, if necessary with the help of other programs or tools, for the purpose of a permanent storage and/or transfer of the contents provided via the Online Program, unless this is expressly permitted by these Terms & Conditions;
10.1.8. circumventing technical measures, such as the copyright settings of the video player, provided by the Provider, the licensor or third parties, which serve the purpose of protecting the contents provided via the Online Program from unauthorized acts of exploitation;
10.1.9. any act that is suitable for impacting, in particular unreasonably burden, the functioning of the Online Program or its infrastructure;
10.1.10. removing and/or changing existing notices regarding copyrights, trademarks or other industrial property rights.
10.2. The Provider reserves the right to temporarily or permanently exclude any user breaching the present Terms & Conditions from the usage of the Online Program.
10.3. In addition, the User shall be liable vis-à-vis the Provider for any loss the latter incurs due to the User’s misuse or otherwise unlawful use of the Online Program. The User undertakes to fully indemnify the Provider in such a case upon the Provider’s first request from any claims and/or demands of third parties which are asserted due to a culpable infringement of rights by the User. This shall also include any costs for legal action and attorneys’ fees. Moreover, the User shall be obligated to support the Provider in its defense against such third-party claims.
Availability and liability
11.1. The User knows and herewith expressly acknowledges that, for technical reasons, an uninterrupted availability of the Online Program cannot be guaranteed. Especially regularly required maintenance and security work, serving the maintenance and improvement of the website and the software of the third party provider, as well as unpredictable events beyond the Provider’s control occasionally require a disconnection of the systems from the Internet so that temporary downtimes may occur. The Provider shall make best efforts to limit necessary service work to nighttime.
11.2. The Provider shall bear the unlimited liability for any loss incurred due to damage to life, body or health. The Provider shall only be liable for any other loss if the Provider, its legal representative or one of its agents has breached a material contractual obligation (i.e. an obligation the fulfillment of which only makes the proper performance of the contract possible in the first place, the breach of which jeopardizes the achievement of the contractual purpose and in the fulfillment of which the User regularly trusts, so-called “material obligation”) or if the loss is due to the gross negligence or intent of the Provider, its legal representative or one of its agents.
11.3. If a culpable breach of a material contractual obligation is not due to gross negligence or intent, the liability of the Provider shall be limited to such typical losses that were reasonably predictable for the Provider at the time of the conclusion of the contract.
11.4. The limitations of liability in sections 12.2 and 12.3 shall apply to contractual as well as to extra-contractual claims and shall apply both in favor of the legal representative and the agents of the Provider if claims are asserted directly against them.
11.5. The above provisions shall not affect statutory liability due to mandatory statutory provisions, including the ones of product liability law.
Changes to the Terms & Conditions
12.1. The Provider shall be entitled to change these Terms & Conditions at any time.
12.2. If the Terms & Conditions are being changed, the Provider shall notify the User in writing or per email. The User’s consent to the respective changes to the contract shall be deemed given, unless the User objects to the change to the Terms & Conditions within four (4) weeks after receiving the change notification. In connection with the change notification, the Provider shall once again expressly point out the consequences of a failure to object.
12.3. If the User refuses to consent to the changes to the Terms & Conditions affecting an existing contractual relationship, said contractual relationship shall be continued under the old conditions until the expiry of the respectively current Usage Period of the Online Program. However, afterwards, a new participation in the Online Program shall only be offered to the User under the respectively current Terms & Conditions.
12.4. The respectively current version of these Terms & Conditions can be retrieved by the User at any time under URL “www.surfers-health.com/terms”.
Alternative dispute resolution
13.1 Alternative dispute resolution under the Consumer Dispute Settlement Act (VSBG):
Daniel Schudt does not take part, and is not obliged to take part, to a dispute resolution procedure.
14.1. The Provider shall be entitled to fully or partially transfer any contracts with the User subject to these Terms & Conditions with discharging effect to a third party. The User herewith consents to such a takeover of the contract at this point in time already. If the Provider makes use of the transfer option, the User shall be entitled to extraordinarily terminate his/her contract without a notice period.
14.2. All legal relationships between the Provider and the User shall be exclusively governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
14.3. If the User does not have a general place of jurisdiction in Germany or in another EU member state, is a merchant, or moves his/her domicile abroad after these Terms & Conditions enter into effect, or if his/her domicile or habitual residence are unknown at the time an action is filed, the exclusive place of jurisdiction shall be Tostedt.
14.4. A registration for the Online Program can be made via the Website in English.