General Terms and Conditions (GTC) for Customers of Modern Spiritual
Modern Spiritual is a platform (“Platform”) operated by adviqo Services LLC (“we“/”us“) where you can access online courses on spiritual and lifestyle topics (“Courses“) delivered by spiritual and lifestyle coaches (“Coaches”).
Contractual partner, scope of application
All contracts are concluded with us.
These GTC apply to all business transactions between us and you regarding the use of the platform or the purchase of courses.
Platform use: By registering online on the platform, a free contract for the use of the platform is concluded between us and you.
Courses: After registering, you can purchase the paid online courses offered on the platform.
You are making use of services for which a fee is charged, the principles and effects of which cannot be proven according to the findings of science and technology, but only correspond to an inner conviction, a belief to that effect or an irrational attitude on your part and on the part of the coach, which may not be comprehensible to third parties. The suitability and fitness of the courses to achieve a success desired by you are therefore not rationally explainable.
Information and advice given by coaches are neither suitable nor intended to replace professional advice from members of specific professions. Coaches are therefore prohibited from giving medical, legal and tax advice, among other things.
Conclusion of contract
You can initially place the desired courses in the virtual shopping basket without obligation and view and, if necessary, change its contents at any time before completing the order process. Before completing the order, all the courses selected for purchase will be displayed on the order overview page, which you can check and correct if necessary.
By clicking the order button that concludes the ordering process after entering your personal data, you are making a legally binding offer to purchase the courses contained in the shopping basket. Immediately after submitting your order, you will receive an e-mail confirmation from us that your order has been received.
We can accept your offer within 2 days by
- sending you a separate declaration of acceptance by e-mail, in which case the receipt of the declaration of acceptance by you is decisive, or
- making the purchased course available to you in your customer account, or
- if the payment transaction is executed by our service provider or the payment service provider selected by you.
Contract language, storage of contract text
A contract can be concluded in German, English, Spanish and Portuguese. The text of the contract will be saved.
Terms of payment
Payments can be made either by credit card or PayPal upon completion of the order process.
Credit card: We accept Mastercard, Visa, American Express and Discover Card. You enter your credit card details in the order process. After your legitimation, the payment transaction will be initiated automatically and the credit card will be charged immediately after placing your order.
PayPal: In order to be able to pay via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal“), you must be registered with PayPal, legitimise yourself with your payment data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after you have placed your order.
Collecting and redeeming bonus points (coins)
By carrying out various actions on the platform, you can collect coins which you can redeem when booking courses. A payout of the equivalent value of the coins is excluded.
Right of withdrawal for consumers
Note: If you take advantage of courses via a single telephone or internet connection that you have set up, you do not have a right of withdrawal with regard to these courses in accordance with § 312 Para. 2 No. 11 BGB (German Civil Code).
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (adviqo Services LLC, 2751 Centerville Road, Suite 3129, Wilmington, 19808, Delaware, USA, phone: +1 (800) 659-2684, email: email@example.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from 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.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
adviqo Services LLC
2751 Centerville Road, Suite 3129
Wilmington, 19808, Delaware
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*)______________________ / received on (*): _______________________
Name of the consumer(s): ______________________________________________
Address of the consumer(s): ____________________________________________
Signature of the consumer(s) (only in the case of notification on paper): __________________
(*) Delete as applicable
We provide the platform. The offer on the platform can be supplemented or changed by us at any time, in particular in order to adapt it to legal requirements or technical developments. We also reserve the right to discontinue parts of the platform or the entire platform temporarily or permanently.
We make every effort to ensure that the platform is available for retrieval and use without interruption. However, even with all due care, downtimes cannot be ruled out. Our technical services are therefore limited to the provision of the platform. There shall be no claims on your part due to downtimes.
Rules of use
Registration on the platform and the use of paid courses are only permitted to persons of full age and unrestricted legal capacity. We reserve the right to refuse the use of courses to unsuitable persons.
You are obliged to provide truthful information regarding your data when registering and to keep your data up to date. Multiple registrations, registrations under false names or with false data, especially with fraudulent intent, are prohibited and will result in civil and criminal penalties.
You may only use the platform/courses for your private use; any commercial use is prohibited. A customer account is not transferable and may not be given to third parties for use. You are obliged to keep your access data (username and password) protected from access by third parties and to inform us immediately in the event of loss or suspected knowledge by third parties. A culpable breach of the above obligations may lead to the blocking of your customer account. You are liable for all services used/acquired by third parties via your customer account or by means of your access data, provided that you are responsible for the use by third parties.
After taking a course, you can leave a rating about the course. Ratings are publicly viewable on the platform and are used by us for purposes of promoting the platform, courses and coaches. Evaluation comments may only contain truthful and factual information. Any use of the evaluation system that is illegal, unobjective or otherwise contrary to the purpose of the evaluation is prohibited. We reserve the right to delete or edit ratings in the event of a breach of the above obligations; you will be informed of this. Furthermore, we reserve the right to change or discontinue the rating system.
It is not permitted to spread viruses, Trojan horses or other harmful data/content via the platform/courses. Furthermore, it is prohibited to use the platform/courses in a manner that adversely affects the availability of the platform/courses for other customers.
Rights of use
We grant you a simple, non-transferable right to private use of the platform in accordance with these GTC.
All rights to content published on the platform (text, data, slogans, images, videos, databases) and brands and trademarks are reserved.
You transfer to us the simple right, unlimited in time and space, to publish, reproduce, distribute, make publicly available, perform, (re)send and otherwise exploit evaluations submitted by you in the context of the use of the platform/courses on the platform or in the context of advertising for the platform, courses and coaches, whether in tangible or intangible form.
You warrant that the content provided to us by you (e.g. rating comments) is free from third party rights. You indemnify us against all claims made by third parties against us for the use of such content, including court costs, reasonable legal defence costs and claims for damages.
Contract period, termination, blocking
The Platform Usage Agreement is for an indefinite period and may be terminated by us or you without notice and without giving any reason. In your notice of termination, you should state your username, your e-mail address and your full first name and surname so that we can assign your notice of termination to your customer account.
We reserve the right to block your customer access to the platform until the facts of the case have been clarified if there are concrete indications that you have registered with false data or more than once, have allowed third parties to use your customer account, have manipulated, falsified or otherwise misused the rating system, are in arrears with payments due or have violated the usage rules pursuant to section 9.
In our decision, we take into account the degree of fault and your legitimate interests.
Cancellations and suspensions do not invalidate our claims to remuneration for courses for which you have already paid.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, insofar as agreed, or
- on the basis of mandatory liability, such as under the Product Liability Act.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Liability is excluded in all other respects.
The EU Commission provides an online platform for online dispute resolution (ODR platform), which you can find here https://ec.europa.eu/consumers/odr/ . Consumers have the possibility to use this platform for the settlement of their disputes. We are not legally obliged to participate in an arbitration procedure and unfortunately cannot offer participation in such procedures.
The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions.