1.1 The machtfit GmbH (hereinafter „mf“) operates an online platform on the health-promoting offers of mf registered partners by employees of participating companies (the employees hereinafter referred to as „users“ and the companies hereinafter „company“ or „employer“) ) can be booked directly.
2.2 „Health promotion measure“ in the sense of these conditions of use is in particular every achievement i. P. D. § 20 Abs. 4 SGB V, whereby it can concern with the appropriate achievements both course offers as well as individual achievements.
3.1 In order to use the service of mf, the user must be a member of a company that has entered into a cooperation agreement with mf regarding the use of the service of mf. mf is entitled to make the registration of the user dependent on the specification and use of a company-specific e-mail address or a registration code sent to the user by the company or, in consultation with the respective cooperation company, the user otherwise provides information and evidence thereof require that the user belongs to the relevant company.
3.2 The user is obliged to inform mf immediately if his affiliation with the company in question has ceased. From the moment the user stops working for the company concerned, the user is no longer entitled to use the online platform.
4.1 The use of the service requires a registration of the user with mf and the establishment of a user account. The registration is free for the user.
4.2 When registering, the user must provide name, first name and e-mail address. As an optional information, the user can also provide their phone number, date of birth, gender and address in their user account. The user is obliged to provide the data collected during the registration truthfully and completely. Should the data collected change after registration, the user has the obligation to immediately update the information in his user account or, if this is not possible, to notify mf of the changes without delay.
4.3 By submitting the registration form, the user makes an offer to mf to conclude a contract for the use of the service of mf. If the registration is accepted, the user will receive a confirmation e-mail. Upon receipt of the confirmation e-mail, the contract for the use of the service is concluded between mf and the user. Enabling the use of the service is equivalent to an express acceptance.
4.4 The user has to keep secret the access data to his user account specified during the registration and to keep it protected against access by unauthorized third parties. If the user has lost the access data or if he finds or suspects that his access data are being used by a third party, he must inform mf immediately.
4.5 The user is responsible for all actions that are carried out using his access data on the online platform, as for their own actions. This does not apply if the user is not responsible for the unauthorized use of his access data.
5.1 The user has the opportunity to seek on the online platform through the use of different filter functions specifically for offers for health promotion measures, which are funded by his employer through co-payments.
5.2 The user also has the option of booking health promotion offers via the online platform. If the user makes use of this option, the service contract for the implementation of the health-promoting measure and the provision of the services required for this purpose are concluded directly between the user and the offering partner. mf does not become a party to such a contract but merely mediates the conclusion of the contract by providing the platform.
5.3 Offers published on the online platform in each case do not constitute a binding offer by the offering partner to conclude a service contract. By sending the appropriate booking form to the online platform, the user makes an offer to the offering partner to conclude a service contract for the corresponding service health promotion measure. On the basis of appropriate agreements with the partner, mf is entitled to accept the contractual declaration of the user for the partner and to accept the relevant contract offer by sending a confirmation e-mail to the user on behalf of the partner. Upon receipt of the confirmation e-mail to the user, the service contract is concluded.
5.4 In the case of the conclusion of a service contract, the general terms and conditions for service contracts apply.
5.5 mf is entitled in the case of the conclusion of a service contract via the online platform to provide the partner following data deposited by the user on the online platform as far as available: name, first name, gender, e-mail address, telephone number and company personality.
5.6 The user is not entitled to conclude a specific contract for an offer advertised on the online platform or to conclude a certain number of contracts for offers advertised on the online platform.
6.1 The company where the user is employed may have the option of making special offers available only to their own employees on the online platform. If the employer of the user has made use of such a possibility and the user wants to access appropriate offers from his employer, he must log in separately if necessary. As part of the registration, the company may request additional information from the user, which will then be transmitted to the company as part of the registration process.
6.2 Is it a company offer i. P. D. Clause 6.1 for an offer regarding fee-based services, the processing of payment is generally not possible via the online platform.
7.1 The agreement on the use of the service of mf is concluded for an indefinite period. The agreement automatically ends with the date of termination of the cooperation agreement between mf and the company to which the user belongs. It also ends upon termination of the user’s employment with the company concerned.
7.2 The user can terminate the user agreement without stating reasons with a notice period of two weeks to the end of the month. The right to extraordinary termination for cause remains unaffected.
7.3 Each termination requires the text form.
7.4 If the user has concluded service agreements with partners via the online platform, these remain unaffected by the termination of the user agreement.
If the user concludes the user agreement as a natural person and for purposes which can not be attributed predominantly to his commercial or independent professional activity, he is entitled to a legal right of revocation with respect to his contractual declaration, which he informs as follows:
9.1 mf strives to achieve the highest possible availability and error-free functionality of the online platform. The user acknowledges, however, that already for technical reasons and due to the dependence on external influences, eg. B. in the context of telecommunications networks, uninterrupted availability of the online platform is not feasible.
9.2 mf will perform occasional maintenance on the technical infrastructure used to provide the service to ensure operation and, if necessary, extend the infrastructure. This may cause temporary disruption to the service. mf will carry out the maintenance work, if possible, during periods of low use.
10.1 mf is liable according to the legal regulations for damages of the user,
10.2 In the case of a merely slightly negligent breach of a material contractual obligation, however, the liability of mf shall be limited to such damages, which must typically and foreseeably be expected to arise within the framework of the provision of the agreed services. This limitation does not apply if damage is the result of injury to health, body or life or the result of the absence of a guaranteed quality of service.
10.3 „Significant contractual obligations“ are contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on the compliance of which the user may regularly rely, and whose violation on the other side would jeopardize the achievement of the purpose of the contract.
10.4 Incidentally, the liability of mf and its vicarious agents is excluded regardless of the legal grounds.
mf collects, processes and uses personal data of the user. Information on data processing and data protection is contained in the privacy statement of mf.
12.1 The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr/ which consumers can use to resolve a dispute and where consumers can find more information on dispute resolution.
12.2 mf is neither obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board in the event of a dispute with the user.
13.2 Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.
13.3 Only the law of the Federal Republic of Germany applies to the contractual relationship with the user. The application of the UN Sales Convention (CISG) is excluded. In addition, if the user has concluded the contract as a consumer, the mandatory consumer protection provisions applicable in the state in which the user has his habitual residence shall apply provided that such protection provides the user with further protection.
1. Verfügbarkeit, Rolle der BVG
1.1 Das oben beschriebene Angebot steht auch den Mitarbeitern der Berliner Verkehrsbetriebe (BVG) AöR (im Folgenden „BVG“) zur Nutzung zur Verfügung.
1.2. Die BVG übernimmt klarstellend keinerlei Haftung im Rahmen der über die Online-Plattform von mf vermittelten Verträge. Die über die Online-Plattform vermittelten Verträge mit Mitarbeitern der BVG kommen lediglich zwischen dem jeweiligen Mitarbeiter der BVG (Nutzer) und dem jeweiligen Dienstleister zustande.
2. Vergütung, Budget
2.1. Die BVG stellt dem Mitarbeiter der BVG ein bestimmtes Budget für die Buchung von Angeboten zur Verfügung.
2.2. Die Zuzahlung der BVG zu einem Angebotspreis beträgt im Rahmen des Budgets 100 %. Reicht das Budget für die Buchung eines Angebotes aus, muss der Mitarbeiter der BVG daher keine Zuzahlung leisten. Reicht das Budget für die Buchung eines Angebotes nicht aus, muss der Mitarbeiter der BVG den Differenzbetrag zwischen dem verbliebenen Budget und dem Angebotspreis selbst zahlen.
In Bezug auf die Verarbeitung personenbezogener Daten der BVG-Mitarbeiter wurde zwischen der BVG und mf eine Auftragsverarbeitungsvereinbarung gemäß Art. 28 Datenschutzgrundverordnung (DSGVO) geschlossen.