BLACKROLL®
ACADEMY Terms and Conditions

1.1 All services provided in connection with the booking of an online or online prevention course accessible via the platform academy.blackroll.com (hereinafter “BLACKROLL® Academy”) are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of booking (hereinafter“Academy Terms and Conditions”). Unless expressly agreed otherwise, any deviating terms and conditions shall not apply.

1.2 Ordering parties or participants within the meaning of these Academy Terms and Conditions (hereinafter“Participants”) may only be consumers. Consumers within the meaning of these Academy Terms and Conditions are natural persons who make the booking for a purpose that is predominantly neither related to their commercial nor their self-employed professional activity.

1.3 The provider of the BLACKROLL® Academy and the contracting party for courses held through it is

BLACKROLL® AG
Hauptstraße 17
CH-8598 Bottighofen
Switzerland

represented by the Chairman of the Executive Board/CEO

Scott Zalaznik

Tel. +49 (0)7141 696 2559
[email protected]

Commercial Register Office: Canton of Thurgau
Company Identification Number (UID)/Company Number: CHE-228.574.355 (hereinafter also “BLACKROLL®”).

1.4 For deliveries and services resulting from a booking made through the BLACKROLL® online store available on the Internet at https://blackroll.com/de/, the BLACKROLL® General Terms and Conditions, as available there in their currently valid version, shall apply in principle, and not these Academy Terms and Conditions. These Academy Terms and Conditions apply exclusively to services resulting from the booking of an online or online prevention course that was booked through the BLACKROLL® online shop and is accessible via the BLACKROLL® Academy. The General Terms and Conditions of BLACKROLL® do not apply to such courses.

2.1 The presentation of courses in the BLACKROLL® online store and on the BLACKROLL® Academy does not constitute a binding offer by BLACKROLL® to enter into a contract, but merely a non-binding invitation to submit a booking request.

2.2 The courses offered through the BLACKROLL® Academy are intended for adults, particularly in the case of online prevention courses and unless otherwise specified in the course requirements. As a general rule, only individuals who are at least 18 years of age may book a course. Minors are excluded from participating in the courses, unless otherwise specified in the course requirements.

2.3 The participant may select courses in the online store and add them to their shopping cart by clicking the “Add to Cart” or “Book Course” button. The ordering process can be continued by clicking the “Checkout” button. Input errors can be corrected using the browser’s “Back” function and standard keyboard and mouse functions until the “Buy” button is clicked. By clicking the “Buy” button, the participant submits a binding offer to book the course(s) displayed in the order summary.

2.4 Upon receipt of the booking, BLACKROLL® will send an automatic confirmation to the email address provided by the participant at the time of purchase. This confirmation generally constitutes acceptance of the booking, unless expressly stated otherwise therein, in which case the contract is concluded no later than upon provision of the service.

2.5 BLACKROLL® reserves the right to store the booking and the order details entered in accordance with legal requirements. The order details are sent to the participant via email along with the automatic confirmation mentioned in Section 2.4, which the participant should print out. BLACKROLL® is generally unable to resend order details at a later date.

2.6 After purchase, the participant must register using the email address provided at the time of purchase or log in using an existing BLACKROLL® user account in order to access the booked courses at any time under “My Courses.”

3.1 BLACKROLL® provides paid online courses through the BLACKROLL® Academy (hereinafter“Courses” or“Course Offerings”). The scope of services is specified in detail in the respective course description.

3.2 Among other things, the BLACKROLL® Academy offers online prevention courses that, under certain conditions, may be partially or fully subsidized by the participant’s health insurance provider as behavioral prevention services pursuant to Section 20(4)(1) of Book V of the Social Code (SGB V). Such courses are marked accordingly. To qualify for a subsidy, the course must be completed in full and within a specific timeframe specified in the respective course description. Furthermore, reimbursement is granted only upon submission of an application to the respective health insurance provider. Upon completion of the course, the participant can download a certificate of participation and the application for a subsidy from the BLACKROLL® Academy. The review of the application and the decision regarding reimbursement are made exclusively by the health insurance providers. The participant is solely responsible for meeting the eligibility requirements for reimbursement. BLACKROLL® does not guarantee or promise reimbursement by the participant’s health insurance provider.

3.3 Online prevention courses provided through the BLACKROLL® Academy are certified by the Central Prevention Review Board of the statutory health insurance providers in Germany.

3.4 As part of an online prevention course, participants have the opportunity to contact a BLACKROLL® expert via a provided email address to discuss technical and content-related questions regarding the respective course. BLACKROLL® will generally respond to such inquiries via email within 48 hours.

3.5 As part of the BLACKROLL® Academy, BLACKROLL® uses certain services and software from third-party providers to deliver its course offerings.

3.6 BLACKROLL® exercises the due care customary in business when selecting, maintaining, and editing the content of the course offerings. However, BLACKROLL® cannot assume any warranty or guarantee regarding the accuracy, completeness, or timeliness of the course offerings provided.

3.7 The provisions under Section 10 of these Academy Terms and Conditions remain unaffected by the provisions set forth in Sections 3.2 and 3.3 above.

3.8 The participant is entitled to complete a booked course in accordance with the conditions listed in the course description. BLACKROLL® endeavors to keep booked courses available in the future, but does not assume any legal obligation to do so. As long as BLACKROLL® keeps booked courses available, the participant is entitled to repeat them as many times as necessary. However, health insurance subsidies for online prevention courses are only available once per course. For online prevention courses, the participant is obligated to complete the booked course within the timeframe specified in the respective course description. After this timeframe has expired, participation is still possible; however, the participant will not be eligible to receive a certificate of completion or a subsidy from the health insurance provider.

3.9 BLACKROLL® is entitled at any time to modify the courses offered, make new courses, services, or features available, and discontinue existing courses, services, or features. In doing so, BLACKROLL® will take the legitimate interests of the participants into account.

4.1 BLACKROLL® generally makes the course offerings available for a fee. In connection with the use of the BLACKROLL® Academy, additional costs may also arise, particularly due to data transfer charges from the respective network provider. These costs must be borne by the participant. Furthermore, BLACKROLL® notes that using the course offerings from abroad (outside of Germany and Switzerland) may incur additional costs, which the participant must bear and should clarify directly with their local service provider.

Unless expressly stated otherwise, the participant is granted a non-exclusive, non-sublicensable right, limited to the duration of the contractual relationship, to use the BLACKROLL® Academy in accordance with these Academy Terms and Conditions to the extent provided by BLACKROLL®.

4.2 Unless expressly stated otherwise, BLACKROLL® permits the participant to access, view, and use the course offerings via the BLACKROLL® Academy for their own, non-commercial purposes in accordance with these Academy Terms and Conditions. This permission does not grant the participant any rights to content or other information made available through the BLACKROLL® Academy.
The participant is expressly prohibited from unlawfully recording, taping, or otherwise reproducing the content provided as part of the courses, as well as from using or exploiting unlawfully created copies. Any violation constitutes a copyright infringement and will be reported to the authorities. Mandatory statutory rights (including reproduction for private and other personal use) remain unaffected by this provision. If commercial use is intended, the express prior consent of BLACKROLL® is required.

4.3 The right to use the BLACKROLL® Academy and its course offerings generally exists only within the scope of the technical and operational capabilities of BLACKROLL® and any service providers used to operate the BLACKROLL® Academy. BLACKROLL® is entitled to suspend the operation of the BLACKROLL® Academy and its course offerings without prior notice for compelling technical reasons or due to necessary maintenance work. In all other cases, advance notice will be provided in an appropriate manner and with reasonable notice.

4.4 The participant acknowledges that 100% availability of the BLACKROLL® Academy is not technically feasible. However, BLACKROLL® endeavors to keep the course offerings available as consistently as possible. In particular, maintenance, security, or capacity issues, as well as events beyond BLACKROLL®’s control (such as disruptions to public communication networks, power outages, etc.), may lead to restrictions or the temporary suspension of the course offerings. Furthermore, BLACKROLL® reserves the right to make changes to the course offerings (see Section 3.7).

4.5 The participant shall immediately notify BLACKROLL® upon becoming aware of or suspecting any misuse of access credentials. In the event of suspected misuse, BLACKROLL® is entitled to suspend access to the BLACKROLL® Academy or the course offerings until the circumstances have been clarified and the misuse has been remedied or can be ruled out. BLACKROLL® reserves the right to exercise further remedies. The participant is liable for any misuse for which he or she is responsible.

4.6 The provisions under Section 10 remain unaffected by the above provisions in Sections 4.4 and 4.5.

5.1 To access certain parts of the course offerings, you must create a free user account. Registration is completed by providing an email address as the username and a password (hereinafter “login credentials”). A user account can only be created by providing the user’s current email address.
This email address is also used for communication with BLACKROLL® in connection with the performance of the contract or—provided the user has given their consent—for additional marketing communications directed at the user. The user warrants that the information provided when creating their user account is accurate and complete.

5.2 After creating their user account, the respective user (hereinafter “registered user”) gains access to their user account. The available courses can be accessed under “My Courses.” In all other respects, Section 4.4 of these Academy Terms and Conditions applies accordingly.

5.3 Consent is required to use the portion of the course offerings available only to registered users. Should the user revoke consent that was previously granted at a later date, BLACKROLL is entitled to delete the user’s account with immediate effect and to terminate the user relationship to that extent.

5.4 BLACKROLL® reserves the right to refuse the creation of user accounts without providing reasons. In this case, BLACKROLL® will immediately delete any data submitted by the user. However, BLACKROLL® will take the user’s interests into appropriate consideration in doing so.

6.1 The BLACKROLL® Academy and the course offerings contain content and other information (hereinafter“Content”) that is protected by trademark law, copyright law, or other means in favor of BLACKROLL® or third parties. ‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬

Unless expressly permitted by BLACKROLL®, the participant is not authorized to edit, reproduce, distribute, publicly display, use for advertising purposes, or use such materials beyond the contractually agreed-upon purpose. Only reproduction for technical reasons is permitted for the purposes of intended use in accordance with these Academy Terms and Conditions. Copyright notices and trademark designations may not be altered, suppressed, or removed.

Participants may use this content only in accordance with these Academy Terms and Conditions and within the framework specified by BLACKROLL® on the BLACKROLL® Academy.

6.2 The participant agrees to refrain from any actions that jeopardize or disrupt the operation of the BLACKROLL® Academy or the provision of the course offerings. In particular, the participant shall not access data to which he or she is not authorized to have access. ‬‬‬‬‬‬‬‬‬‬

6.3 The participant is not permitted to upload the content and other information made available through the BLACKROLL® Academy to other databases, to extract it using robots or any other automated means, to publish it, to reproduce it publicly, or to make it publicly accessible in any other way—namely via their own platform and/or on the Internet— unless this is expressly provided for within the scope of the course offering, for example through the provision of a share function. This may also not be done on behalf of third parties and/or on behalf of other participants in the course offering.

6.4 Any use of the BLACKROLL® Academy for unlawful purposes is prohibited. All use must comply with applicable laws, in particular copyright law, competition law, data protection law, criminal law, etc. Any violation by a participant may result in the immediate suspension and/or withholding of all course offerings and services. The same applies to violations of these Academy Terms and Conditions. However, when taking such measures, BLACKROLL® will take into account the legitimate interests of the respective participant. BLACKROLL® expressly reserves all further rights.

7.1 Participation in the course and performance of the exercises are at the participant’s own risk.

7.2 For online prevention courses, BLACKROLL® will inform the participant of exclusion criteria (contraindications) for course participation as part of the ordering process in the online store. The participant must confirm that none of the exclusion criteria apply in order to participate in the course. BLACKROLL® assumes no liability for any damages incurred by the participant as a result of a false confirmation that no exclusion criteria apply.

7.3 BLACKROLL® recommends that participants consult a physical therapist, manual therapist, massage therapist, physician, or specialist for an examination and advice before performing the exercises, particularly if they have any doubts and/or are experiencing severe pain or recurring injuries. In the event of acute or chronic pain, the respective exercise should be stopped immediately.

8.1 The participant is entitled to the following right of withdrawal in connection with digital content (e.g., online courses):

Right of Withdrawal
Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must notify us (BLACKROLL® AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland, Tel. +49 (0)7141 696 2559, [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, a phone call, or an email). You may use the attached model withdrawal form for this purpose, though its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from the contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

End of the Cancellation Policy

Sample Withdrawal Form Academy

(If you wish to withdraw from the contract, please fill out this form and return it)

To BLACKROLL® AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland,
[email protected]

I/we (*) hereby withdraw from the contract I/we (*) entered into for the purchase of the following goods (*) or the provision of the following service (*)

Order number ______________________

Course Title
________________________________________________

________________________________________________

Ordered on ______________________

Name of the consumer(s) ________________________

Address of the consumer(s) _________________________________________________________

__________________________________________________________________________________

Signature of the consumer(s) (*) (only for paper notifications)

________________________________________________

Date ________________

(*) Delete as appropriate


8.2 The right of withdrawal expires in the case of a contract for the delivery of digital content not stored on a tangible medium (e.g., online courses) if BLACKROLL® has begun performing the contract after the participant has expressly consented to BLACKROLL® beginning performance of the contract before the expiration of the withdrawal period and has confirmed their awareness that, by giving such consent, they forfeit their right of withdrawal upon the commencement of contract performance. BLACKROLL® reserves the right to make the conclusion or performance of the contract contingent upon the aforementioned consent and confirmation.

9.1 Prices are listed in euros (EUR).

9.2 Unless otherwise stated in the course description, all prices listed are retail prices that include the applicable statutory sales tax (value-added tax).

10.1 BLACKROLL® accepts credit cards (Visa, Mastercard), PayPal, and Sofortüberweisung as payment methods.

10.2 Depending on the payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg, in accordance with the PayPal Terms of Use, available at “PayPal Terms of Use,” or—if the customer does not have a PayPal account—in accordance with the terms for payments without a PayPal account, available at “Terms for Payments Without a PayPal Account.”

10.3 Unless otherwise agreed, payment of the course fee is due upon conclusion of the contract.

10.4 The credit card will be charged upon completion of the order.

10.5 Payment by Invoice and Financing

In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account as a payment option. Please note that purchase on account is available only to consumers and that payment must be made to Klarna in each case.

Invoice

When purchasing on account with Klarna, you always receive the goods first and always have a payment term of 14 days. The complete Terms and Conditions for purchase on account, which you automatically accept when selecting this payment option, can be found here. The online store charges a fee of 0.00 euros per order for purchases on account with Klarna.

Privacy Notice

Klarna reviews and evaluates the information you provide and, where there is a legitimate interest and cause, shares data with other companies and credit bureaus. Your personal information is handled in accordance with applicable data protection regulations and as specified in Klarna’s Privacy Policy.

11.1 Regardless of the legal basis, BLACKROLL® is liable for damages incurred by the participant that result from an intentional or grossly negligent breach of duty by BLACKROLL® or its agents, as well as for damages to life, limb, or health, and in the case of claims under the Product Liability Act, in accordance with statutory provisions.

11.2 Unless otherwise specified in a warranty provided by BLACKROLL®, BLACKROLL® shall otherwise be liable, regardless of the legal basis, only to the following extent:

a) BLACKROLL® is liable for damages caused by slight negligence only to the extent that they result from a breach of material contractual obligations, without which the achievement of the purpose of the contract would be jeopardized and on the fulfillment of which the participant may therefore reasonably rely (so-called cardinal obligations). In such cases, BLACKROLL®’s liability is limited to compensation for foreseeable damages typical for this type of contract.

b) BLACKROLL®’s liability for data loss under the foregoing provisions is limited to the typical restoration costs that would have been incurred had the participant performed regular and, under the circumstances, reasonable data backups.

11.3 The above provisions apply mutatis mutandis to compensation for futile expenses.

11.4 The provisions above also apply to the same extent in favor of BLACKROLL®’s legal representatives, executive bodies, employees, and vicarious agents.

BLACKROLL® collects and uses the personal data provided (such as name, address, or email address) in accordance with the provisions of applicable data protection law. Participants can find more detailed information on this in our Privacy Policy.

13.1 Revised versions of these Academy Terms and Conditions will be communicated to the participant in writing (e.g., via an announcement within the BLACKROLL® Academy) and will become part of the contract unless the participant expressly objects to the revised version in writing within one month of receiving the notice of change. The participant will be informed of the significance of his or her silence upon notification of the revised version. If the participant does not agree to the revised version, he or she may no longer use the BLACKROLL® Academy.

13.2 Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.3 If the participant is acting as a consumer, the foregoing choice of law shall apply only to the extent that it does not deprive the participant of the protection afforded by mandatory provisions of the law of the country in which the participant has his or her habitual residence.

13.4 If the participant is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from these Academy Terms and Conditions and the contracts concluded under them shall be Kreuzlingen (Canton of Thurgau, Switzerland).

The language of the contract is exclusively German.

As of 11/2022