GENERAL TERMS AND CONDITIONS (GTC)
of Ji GU
(in the following referred to as: „JI GU“)
Version: September 2021
Scope of application
1.1 These General Terms and Conditions (GTC) apply to all transactions between JI GU and its customers. Deviations from these GTC can only be agreed in writing.
1.2 These GTC shall also apply to all future business transactions with its customers until new GTC are issued by JI GU, even if these are concluded without reference to the GTC.
Scope of service and Conclusion of contract
2.1 JI GU offers its customers access to training videos on its digital video platform for modern movement studies “GU QI DAO” (hereinafter referred to in short as: “videos”). The customer can purchase access to the individual courses or course packages at the prices shown on the website. The videos are available to the customer at any time for streaming in his user account.
2.2 The conclusion of the contract for the use of videos takes place directly on the video platform by clicking on the button “buy against payment” by the customer. After payment with and receipt of the fee by JI GU, the customer receives access to the streaming of the purchased video(s) in his user account. Unless otherwise expressly agreed between JI GU and the customer, access is limited exclusively to the personal and non-commercial use by the respective customer. The provision of access to third parties by the customer is not included in the scope of service and is not permitted without having obtained the express consent of JI GU.
2.3 Associations, fitness studio operators and other persons or, respectively, legal entities who wish to use the videos of JI GU for several persons and/or for commercial purposes must make an individual agreement with JI GU for this purpose, which depends on the frequency of use and the number of the persons using the videos. For this purpose, please contact JI GU at the e-mail address email@example.com. In this case, the contract is concluded by confirmation of the order or the provision of the objective videos by JI GU.
2.4 The videos covered by the content of the contract are available to the customer for streaming for an unlimited period of time as long as the current technology of streaming is available. Should JI GU ever discontinue the operation of the video platform, the customer has the right to transfer the videos acquired by him for use for storage on his terminal device.
2.5 The videos made available by JI GU on its video platform are basically available 24 hours per day, seven days per week, 52 weeks per year via streaming. A planned availability rate of approx. 99.9 % per observation period (quarter) can be assumed. Maintenance windows are not included in the calculation of availability. If there is need for maintenance works, this will be announced in good time in advance.
2.6 The customer is responsible for ensuring that he has the necessary hardware and software for streaming the videos. To stream the videos, the customer needs an internet-capable terminal device (PC, table, smartphone, etc.), an internet connection and an up-to-date internet browser.
2.7 For the training units shown in the videos, only a Nunchaku and sufficient space in height and width are required to carry out the training. A Nunchaku is not included in the fee for the use of the videos. JI GU will provide the customer with instructions on how to make a Nunchaku in his user account.
2.8 The customer must exactly follow the training instructions in his user account as well as the movements and handling of the Nunchaku presented by JI GU in the videos when performing the training. JI GU cannot accept any liability for any damage suffered by the customer or third parties as a result of behavior that deviates from the training instructions or the training procedures presented.
Fee and Payment
3.1 The amount of the fee for the use of the videos is shown on the website or, respectively, in an individual agreement with JI GU. With the conclusion of the contract, the customer confirms knowledge and appropriateness of the fee. Pursuant to § 6 par. 1 cl. 27 of the Austrian Value Added Tax Act (Umsatzsteuergesetz; UStG) (Small business regulation (Kleinunternehmerregelung)) no value added tax is due on the services of Ji GU.
3.2 JI GU is entitled to demand payment in advance. Unless expressly agreed otherwise, the customer will only be granted access to the videos purchased for use after payment has been received.
3.3 All services of JI GU which are not expressly covered by the agreed fee shall be remunerated separately.
3.4 Invoices from JI GU are due without any deduction within 14 days as of the date of the invoice. The customer shall be in default of payment automatically and without reminder upon expiry of the payment period.
3.5 If the customer is in default with even one payment, JI GU is entitled
- to charge reminder fees for each (own) reminder,
- to charge all costs incurred for collection steps by third parties (attorney-at-law fees or, respectively, costs of collection agencies) according to the respective applicable attorney-at-law tariff or, respectively, the provisions of the Collection Fees Ordinance (Inkassogebührenverordnung),
- to credit payments first to cover accrued costs, then to cover accrued default interests, and then to credit payments to the oldest debt (any dedications of payments on the part of the customer are hereby agreed to be irrelevant),
- to demand default interest at the statutory rate, without prejudice to the right to claim further damage caused by default,
- to make use of a reasonable extension of the agreed dates and deadlines, whereby the period of default in payment shall in any case be a reasonable extension period,
- to withhold further services,
- to withdraw from the contract if a reasonable grace period is not observed and to assert any claims for compensation.
3.6 Offsetting with any counterclaims as well as the retention of payments due to any counterclaims is only permissible with counterclaims of the customer acknowledged by JI GU or legally established as final and absolute as well as in the case of insolvency of JI GU.
3.7 Payments can only be made directly to JI GU with debt-discharging effect. If there are several outstanding claims against the customer, payments of the customer shall always be credited against the respectively oldest claim. The credit shall always be applied first to any costs, then to the interests and finally to the main claim.
Copyright and Permission to use a copyrighted work
4.1 All contents on the video platform of JI GU are copyrighted work. The copyright in these works is owned exclusively by JI GU.
4.2 In the absence of an express agreement to the contrary, JI GU grants only permissions to use a copyrighted work (Werknutzungsbewilligung) and no rights to use copyrighted works (Werknutzungsrecht). The granting of a permission to use a copyrighted work in favor of the customer requires written consent by JI GU, unless this is implied from the purpose of the contractual relationship. Unless otherwise agreed, a permission to use a copyrighted work to the customer of works protected by copyright of JI GU shall only extend to the scope of application by the contractual relationship. Rights to use a copyrighted work or permissions to use a copyrighted work in favor of the customer shall only be deemed to have been granted after full payment of the fee agreed for this purpose.
4.3 In particular, the customer agrees not to archive, reproduce, distribute, modify, show, publish, license, create derivative works from or offer for sale the videos of JI GU. In the event of infringement, the customer shall be liable to pay damages to JI GU.
Warranty and Damages
5.1 JI GU warrants that the videos made available by it on its video platform are available for viewing and correspond to the service description. In all other respects, the statutory warranty provisions shall apply.
5.2 A notice of defects must include a concrete description as detailed as possible of the defects (e.g. an error message when retrieving a video). If the complaint is justified, the customer initially only has the right of improvement of the service. The customer shall only be entitled to a reduction in payment or, respectively, to redhibition if the attempts of JI GU to remedy the defect have failed even after one month.
5.3 Claims for damages in cases of slight negligence are excluded by mutual agreement; this shall not apply to personal injuries.
5.4 JI GU is not liable for any damages suffered by customers or third parties due to disregard of the training instructions, the movement sequences presented in the videos and the handling of Nunchaku shown.
5.5 To the extent that the liability of JI GU is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of JI GU.
Right of withdrawal
6.1 If the customer is a consumer and has concluded a contract with JI GU at distance or off-premises for the supply of digital contents which are not stored on a physical data carrier, the customer may withdraw from the concluded contract within 14 days as of the conclusion of the contract. JI GU will make the digital contents available only after the expiry of the 14-day withdrawal period, unless the customer expressly requests that the digital contents be made available before the expiry of the withdrawal period and at the same time acknowledges that he can no longer withdraw from the contract if the digital contents were made available during the withdrawal period.
6.2 In order to exercise the right of withdrawal, the consumer must inform JI GU (per address Mooswinkl 20a, A-6134 Vomp, firstname.lastname@example.org) of his decision to withdraw this contract by means of a clear declaration (e.g. a letter sent per mail or an e-mail). For this purpose, the consumer may use the sample withdrawal form available on our website, which is, however, not mandatory.
6.3 If the customer withdraws from this contract, JI GU will return all payments that have already been received without delay and at the latest within fourteen days from the day on which JI GU received the notification of withdrawal of this contract.
You can find our data protection declaration, which forms an integral part of these GTC, under the following link.
Final provisions and Place of jurisdiction
8.1 Amendments of, additions to and ancillary agreements to these GTC must be made in writing in order to be effective. This shall also apply to any agreement to waive this formal requirement.
8.2 If individual provisions of these GTC or the contracts supplemented by them are invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a new provision which corresponds or comes as close as possible to the economic purpose of the invalid provision.
8.3 The contractual relationship shall be governed by the law of the Republic of Austria to the exclusion of the conflict of law rules of the International Private Law Act (Internationales Privatrechtsgesetz; IPRG) and the Rome I Regulation. This choice of law does, however, not restrict the customers who are consumers in their consumer protection rights to which they are mandatorily entitled to under the laws of their country of residence.
8.4 For all disputes arising from the contractual relationship, if the customer is an entrepreneur, a legal entity under public law or a special fund under public law, or has its place of residence or business headquarters outside of Austria, the court with subject-matter jurisdiction of A-6134 Vomp, Austria, shall have exclusive jurisdiction. However, JI GU shall also be entitled to choose any other legally permissible place of jurisdiction.