Terms of Use and General Terms and Conditions
Please read these Terms of Use carefully before using the website www.barbara-bendel.com (hereinafter referred to as the “Website”).
This Website is operated by Barbara Bendel & Co., along with affiliated partners, licensors, and service providers (collectively referred to as “we,” “us,” or “our company”).
By accessing and using this Website, you agree to be bound by the following Terms of Use (the “Terms”), including any additional documents referenced herein. These Terms govern your access to and use of all content, features, and services provided through this Website—whether you access it as a registered user or as a guest.
This Website is intended exclusively for individuals aged 18 or older. By using the Website, you confirm that you are of legal age and capable of entering into binding legal agreements with us. If you do not meet these requirements, you are not permitted to use the Website.
Changes to the Terms of Use
We reserve the right to modify or update these Terms of Use at our sole discretion at any time. Any such changes shall take immediate effect upon being published on the Website and shall apply to all subsequent access to and use of the Website.
Exceptions apply to changes regarding dispute resolution provisions (as outlined under “Governing Law and Jurisdiction”), which will not apply retroactively to disputes of which both parties were aware before the publication date.
Continued use of the Website following the publication of modified Terms shall constitute acceptance of those changes. We recommend that you review this page periodically to remain informed of any updates, as they are binding on you.
Website and Account Security
We reserve the right to modify, suspend, or discontinue the Website, or any associated accounts or services, at our sole discretion and without prior notice. We accept no liability if the Website, in whole or in part, becomes unavailable at any time or for any period. Access to the Website or certain content may occasionally be restricted, including for registered users.
You are solely responsible for ensuring that you have the necessary technical and organizational measures in place to access the Website—and that all individuals accessing the Website through your internet connection are aware of and comply with these Terms of Use.
To access certain features or content, you may be required to register and provide specific information. You warrant that all information you submit is accurate, current, and complete. By registering or using the Website, you agree that any data you submit—especially within interactive features—is subject to our [Privacy Policy], and you consent to all actions taken by us consistent with that policy.
If you are provided with (or choose) a username, password, or other access credentials as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. Your account is personal and may not be shared. You agree not to allow others to access the Website using your credentials.
You must notify us immediately of any unauthorized use of your account, username, or password, or any other breach of security. In addition, you are responsible for properly logging out at the end of each session—especially when using a public or shared computer—in order to protect your personal data and prevent unauthorized access.
We reserve the right to disable any username, password, or other access credentials—whether chosen by you or assigned by us—at any time, without notice, particularly in the event of a breach of these Terms of Use.
Purchases via the Website or Online Accounts and Platforms
If you wish to purchase a product or service via this Website, your online account, or other platforms (a “Purchase”), you may be required to provide certain information relevant to the transaction. This may include, but is not limited to, your credit card number, the card’s expiration date, your billing address, and (if applicable) shipping information.
By submitting such information, you represent and warrant that (i) you are legally authorized to use the payment method provided, and (ii) all information submitted by you is accurate, complete, and current.
We may use third-party services for payment processing. By submitting your payment details, you consent to the transmission of this information to such third parties for the purpose of processing your transaction, in accordance with our [Privacy Policy].
We reserve the right to refuse or cancel any order or transaction at any time, particularly in cases of errors in product or service descriptions, pricing inaccuracies, availability issues, or incorrect orders.
We also reserve the right to cancel purchases or transactions if we suspect fraud, unauthorized use, or illegal activity.
Reliance on Information Provided on the Website
The information made available on or through this website is provided solely for general informational purposes. I make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. I disclaim any and all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the website, or anyone who may be informed of its content.
This website may include content provided by third parties, including materials provided by other users, bloggers, licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, as well as any articles, responses to questions, and other content not provided directly by me, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinions of my website or my business. I assume no responsibility for the content or accuracy of any materials provided by third parties.
User Contributions
This Website may contain interactive features such as discussion forums, chat rooms, personal web pages or profiles, bulletin boards, and other interactive areas (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials – including but not limited to photos, videos, and text (collectively, “User Contributions”) – on or through the Website.
All User Contributions must comply with the content standards set forth in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material to third parties.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license above to us and our affiliates and service providers.
• All of your User Contributions comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Content Standards for Training, Coaching, and Social Media
These content standards apply to all user contributions and the use of interactive services in the context of trainings, coaching, Zoom meetings, groups, and social media platforms. All user contributions must fully comply with all applicable national, regional, local, and international laws and regulations. Without limiting the general provisions, user contributions must not:
- Be defamatory, discriminatory, or abusive: Posts that insult, harass, or discriminate against other participants, trainers, or group members are strictly prohibited. This includes any content that is racist, sexist, homophobic, religiously intolerant, or otherwise derogatory in nature.
- Spread false information: Users may not share inaccurate, misleading, or false information that could undermine the trust and integrity of the training or coaching process. This includes misrepresenting one’s own qualifications or experiences.
- Share personal or confidential information: All participants are required to respect others’ privacy. It is forbidden to share personal or confidential information of others without their explicit consent, whether in groups, Zoom meetings, or on social media platforms.
- Post commercial advertising or self-promotion: Posts with commercial intent, such as promoting unrelated products, services, or programs, are not permitted unless explicitly approved.
- Post inappropriate content: Any offensive, inappropriate, or disruptive content that could interfere with the flow of training or coaching sessions is prohibited. This includes harassing, violent, or sexually explicit material.
- Promote discrimination or disadvantage: Users may not post content that supports or promotes discrimination or disadvantage based on race, gender, religion, sexuality, or other personal characteristics.
- Harass or disrupt other participants: Any form of harassment, disruption, or negative behavior that limits other participants’ experiences or creates an unproductive coaching environment is unacceptable.
- Lack accountability for own contributions: You are solely responsible for the content you post or share during training, coaching sessions, or on social media platforms. You agree to ensure that your contributions are respectful, ethical, and in line with applicable guidelines and regulations.
- Violate Zoom or platform policies: All users must comply with the specific terms of use of the platforms employed (e.g., Zoom or social media networks). Any violation of these platform policies, such as using unauthorized features or disrupting meetings, is prohibited.
- Infringe on the rights of third parties: Users may not post content that infringes on the rights of third parties, including copyrights, trademarks, or personal rights.
Right to Exclusion and Termination of Cooperation
We reserve the right to deny access to our services—including programs, coaching, training, and groups—or to exclude a participant from a specific program in the event of a violation of these content standards related to our trainings, coaching sessions, programs, and online platforms. This includes, but is not limited to, violations of behavioral guidelines, infringement of third-party rights, harassment, or sharing inappropriate content.
In case of such a violation, we also reserve the right to terminate cooperation with the participant without prior notice or compensation. Such exclusion may involve the immediate termination of all services provided as part of the respective program or coaching offer.
The decision to exclude a participant or terminate cooperation lies solely at the discretion of the company. All services already rendered are non-refundable, even in the event of termination. Any fees already paid for services delivered up to the point of termination will not be refunded, unless otherwise stated in the specific cancellation policy of the program.
Intellectual Property
All content, features, and functionalities of the service—including, but not limited to, all information, software, text, graphics, images, videos, audio files, as well as the design, selection, and arrangement of these materials—are and shall remain the exclusive property of the company, its licensors, or other content providers. They are protected by national and international laws, including copyright, trademark, patent, trade secret, and other intellectual property laws.
These terms of use permit you to use the website solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in violation of these terms of use, your right to use the website will be terminated immediately. Upon our request, you are obliged to return or destroy all copies of the materials you have created. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted remain with the company. Any use of the website not expressly permitted by these terms constitutes a breach of these terms and may violate copyright, trademark, and other laws.
The name of the company, the logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its subsidiaries or licensors (“Trademarks”). You may not use such trademarks without the prior written permission of the company. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
Prohibited Uses
You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website:
- In any way that violates any applicable national, state, local, or international laws or regulations (including, but not limited to, laws regarding the export of data or software from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit or procure the sending of any advertising or promotional material without our prior written consent, including „spam,“ „chain letters,“ „junk emails,“ or similar requests.
- To impersonate the company, an employee of the company, another user, or any other person or entity, or attempt to do so (including, but not limited to, the use of email addresses or usernames associated with the aforementioned).
- To act in any way that restricts or inhibits the use or enjoyment of the website by others, or that we determine may harm the company or users of the website or expose them to liability.
Additionally, you agree not to use the website:
- In any way that could disable, overload, damage, or impair the website, or interfere with any other party’s use of the website, including their ability to engage in real-time activities on the website.
- To use robots, spiders, or other automatic devices, processes, or means to access the website, including for monitoring or copying materials on the website.
- To use manual processes to monitor or copy materials on the website, or for any other purposes not expressly authorized in these Terms of Use, without our prior written consent.
- To use any devices, software, or routines that disrupt the proper functioning of the website.
- To introduce viruses, Trojan horses, worms, logic bombs, or other materials that are harmful or technologically harmful.
- To attempt to gain unauthorized access to parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website, or to damage or disrupt them.
- To attack the website with a Denial-of-Service attack or a Distributed Denial-of-Service attack.
- To attempt in any other way to interfere with the proper functioning of the website.
Monitoring and Enforcement; Termination
I reserve the right to:
• Remove or deny any content on my website as well as on my social media channels and platforms at my discretion, without providing a reason.
• Take any action regarding content on my website or social media that I deem necessary or appropriate, particularly if I believe such user contributions violate these terms of use, infringe on intellectual property rights or other rights of any person or entity, threaten the personal safety of users or the public, or may create liability for me or my offerings.
• Disclose your identity or other information about you to third parties who claim that material you posted infringes their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal actions, including but not limited to reporting to law enforcement authorities, in cases of illegal or unauthorized use of my website, social media channels, or other connected services.
• Terminate or suspend your access to the website or parts of it, as well as to my social media channels and platforms, for any reason, including but not limited to violations of these terms of use.
Notwithstanding the above, I reserve the right to fully cooperate with law enforcement authorities or a court order that requires or directs me to disclose the identity or other information of individuals posting materials on or through the website, social media channels, or platforms.
YOU WAIVE AND HOLD ME, MY COLLABORATORS, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY ME DURING OR AS A RESULT OF INVESTIGATIONS CONDUCTED BY ME OR LAW ENFORCEMENT AUTHORITIES.
I do not, however, assume any responsibility for reviewing all content prior to its publication on the website or social media and cannot ensure the prompt removal of offensive material after it has been published. Accordingly, I assume no liability for actions or inactions regarding transmissions, communications, or content provided by users or third parties.
Links to Other Websites
My service may contain links to third-party websites or services that are not owned or controlled by me. Any activities, behaviors, and content are subject to the terms of service of those third-party services, including their privacy policies, and I disclaim any liability for activities on such third-party websites.
Indemnification
You agree to defend, indemnify, and hold harmless me, my partners, licensors, and service providers, as well as their employees, contractors, agents, officers, and directors, from any claims, damages, obligations, losses, liabilities, costs, or debts and expenses (including, but not limited to, attorney’s fees) arising from a) your use and access to the service or b) your violation of these terms of service.
Disclaimer
You understand that I cannot guarantee that the files available for download from the website or service are free from viruses or other destructive code. You are responsible for implementing sufficient procedures and security measures to meet your specific requirements for virus protection and the accuracy of data input and output, as well as maintaining means outside of my website for recovering lost data.
DISCLAIMER TO THE FULLEST EXTENT PERMITTED BY LAW:
I am not liable for any losses or damages caused by a Distributed Denial-of-Service (DDoS) attack, viruses, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other protected materials due to your use of the website or services accessed through the website, or by downloading materials posted on the website or on websites linked to the website.
Use of the website, its content, and any services or materials accessed through the website is at your own risk. The website, its content, and all services or materials accessed through the website are provided „as is“ and „as available,“ without any warranties, express or implied. Neither I nor anyone associated with me provides any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the above, neither I nor anyone associated with me provides a warranty that the website, its content, or the services or materials accessed through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available is free of viruses or other harmful components, or that the website or services or materials accessed through the website will meet your needs or expectations.
DISCLAIMER TO THE FULLEST EXTENT PERMITTED BY LAW:
I hereby exclude all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement of rights, and suitability for a particular purpose.
The above provisions do not affect warranties that cannot be excluded or limited under applicable law.
Disclaimer
The use of the provided programs, services, and content is at your own risk. We exclude all liability for physical or mental damages directly or indirectly caused by participation in our programs, unless such damages are due to gross negligence or willful misconduct on our part. This applies particularly to injuries that may occur through exercises, activities, or the implementation of methods.
We expressly emphasize that the programs and methods we offer are not to be understood as medical advice. They are intended solely as support for personal development and should not replace the advice of a doctor or therapist. If you have health concerns, you should consult a qualified healthcare provider before participating in any of our programs.
Self-Responsibility
The participant takes full responsibility for their physical and mental health and well-being during the use of the programs. In particular, it is emphasized that the participant is responsible for the correct execution of the exercises and recommendations offered. Use of the content in a manner not explicitly recommended is at your own risk.
Liability for Unauthorized Use
We assume no liability for damages arising from improper use of our programs or failure to adhere to the provided instructions and recommendations. Any action or decision based on personal interpretations of the content is the responsibility of the participant.
Liability for Mental Strain
As our programs also address emotional and psychological processes, we would like to point out that these may lead to intense inner experiences. Participants should be aware that they may encounter emotional burdens during the program that could affect their mental health. If you feel uncertain or need psychological support, we recommend consulting a qualified professional before participating.
Indemnification
The participant agrees to indemnify the company, its partners, employees, and advisors from any claims, liabilities, damages, or costs resulting from improper or inappropriate use of the programs or content. This includes any legal disputes and potential claims for damages arising from a breach of these terms.
Jurisdiction and Governing Law
These terms are governed by the laws of the Federal Republic of Germany. In the case of legal disputes regarding the programs and their use, the jurisdiction will be established in Berlin unless a different agreement is made.