Provision of Services by GamerLegion

GamerLegion GmbH, located in Hardenbergstraße 32, 10623, Berlin (hereinafter referred to as “GamerLegion”) offers eSports enthusiasts the opportunity to be trained by experienced eSports players.

The use of the training services provided by GamerLegion is subject to the following general terms of use of GamerLegion. The inclusion of the customer’s general terms and conditions is hereby expressly contradicted.

Users require an account with GamerLegion (clause 2.5) in order to use the services provided by GamerLegion.

Registration and Usage of the Platform “GamerLegion”

On its website “gamerlegion.de”, and if applicable on other websites, GamerLegion grants access to the training services provided there. Here, each user can purchase credit for training hours for an appropriate fee which they redeem for training sessions provided by one of our coaches on offer.

The availability of certain coaches at a certain time or continuous participation of coaches on GamerLegion is not contractual object and is neither assured nor promised. The availability of coaches depends on their booking capacity and is at their discretion.

Everyone is entitled to use the training services provided by GamerLegion. In the case of only natural persons, they must be at least eighteen years of age or are required to have the consent of a parent or guardian. GamerLegion is entitled at any time to demand the submission of this consent in written form.

By registering on the platform “GamerLegion”, the user creates an account with GamerLegion that is subject to these general terms and conditions. During the registration process, personal data of the user will be collected. Notably, this can include his date of birth, country of residence, first and last name, email address, and the personally created password. It is at the discretion of GamerLegion to request additional data, be it personal or not, e.g. to increase the security of the account. Registration requires the creation of a username that can be freely chosen by the user and is visible to all other users.

The username must not correspond to or resemble the name of an actual living or deceased person other than the user’s own name. Furthermore, the username must not contain any sexual, sexist, xenophobic, inflammatory references or any other references that GamerLegion deems inappropriate with equitable discretion. Changing an inappropriate username is at the discretion of GamerLegion.

By pressing the button “Register”, the user makes GamerLegion an offer to conclude a user contract for the platform. GamerLegion is free to accept or reject the offer. Neither the confirmation of receipt of the registration nor the confirmation of the given email address constitute an acceptance of the offer. The offer can be conclusively accepted by activating the account for the use of the website.

GamerLegion may create web-based forums with equitable discretion (hereinafter referred to as “Community Forums”) where registered users may discuss games, eSports, or training sessions and post content. GamerLegion may give, restrict, or completely terminate access to the Community Forums at any time with equitable discretion. GamerLegion is not obliged to operate Community Forums.

The user can terminate their account at any time. In the event of termination, unused training credits expire. The user is not entitled to a refund or credit concerning this matter. The termination of the contract is otherwise governed by clause 8. Upon termination of the contract, all personal data of the user stored by GamerLegion will be irrevocably deleted, with the exception of any data whose storage is required by law. However, this data will also no longer be available in the account system if the user logs in again.

GamerLegion always strives for an ideally constant availability of the platform games but does not guarantee any specific availability. The availability depends on several factors which GamerLegion itself has no control over. Nevertheless, GamerLegion strives to carry out maintenance work outside of the statistically measured peak usage times. In certain cases, unannounced maintenance may be necessary, e.g. in the event of hacking, malware, critical software errors, etc.

Training Offering

Registered users can purchase training hour bundles on the website. After the withdrawal period has expired or after the customer waives his right to withdraw from the contract, these training hours will be credited to the customer’s account, which they can then use for, and the customer can use them to specifically book training sessions with specific coaches.

The prices for training hours are based on the corresponding information on the website.

When purchasing the credit for training hours, the user can either directly book an appointment for a specific training session or book the specific training sessions subsequently. When booking a specific training session, the user must specify a time and duration as well as a specific coach.

Training sessions can be cancelled free of charge up to two hours before the agreed start of the training session. In this case, the credit for the booked hour will be credited back again to the customer’s account. In the case of a cancellation with shorter notice, the credit will only be credited to the customer’s account if another user could be found for the training session with the respective coach. If the training session had to be offered at a lower price, only the difference will not be credited back again to the customer’s account.

If the coach does not start the training session within 15 minutes after the agreed time for the training session, the user has to inform GamerLegion about this immediately. In this case, GamerLegion is entitled to provide another coach with comparable qualifications for the training session within 10 additional minutes or refund the credit for the training session to the user. If a substitute coach is booked, the training session will be extended according to the delay that has occurred up to that point.

If the customer was dissatisfied with the training session or thinks that the service for the training session was not provided properly, the customer is obliged to inform GamerLegion about this within 5 business days (Monday – Friday except for public holidays in Berlin). Considering the large number of training hours, it is necessary to deal promptly with criticism of the provided training session to be able to seek the coach’s statement on the matter.

Right of Withdrawal

In the case that the customer is a consumer and purchases credit for training hours, they are entitled to the following right of withdrawal:
Right of Withdrawal
– You have the right to withdraw from this contract within 14 days without giving any reason.

– The withdrawal period will expire after 14 days from the day of the conclusion of contract.

– To exercise the right of withdrawal, you must inform us at

GamerLegion GmbH
Hardenbergstraße 32, 10623, Berlin
E-Mail: support@gamerlegion.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

– To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
– If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at the express request of the user before they have exercised their right of withdrawal.

In the case of booking training sessions that are determined by a specific date and time, there is no right of withdrawal.

Payments

Payments are due immediately upon purchasing a training credit. All prices include VAT. The user may make the payment using any of the payment methods specified during the order transaction. Depending on the total amount to be paid, the possible payment methods may vary, and it is at GamerLegion’s equitable discretion to offer or remove certain payment methods. If there is an error in the payment process through which GamerLegion does not receive payment and is not responsible for said error, the user is responsible for any costs that may occur.

The user can only exercise the right to set-off or the right of retention with undisputed claims or by a court ruling on legally established claims.

Rules of Conduct

During the training sessions, the customer must always behave in a friendly manner towards both the coaches and any other players.

GamerLegion is entitled to interrupt training sessions or cancel booked training sessions if the customer behaves hostilely, aggressively, xenophobically, or in any other way inappropriately towards the coach or third parties during the training sessions.

Liability

GamerLegion is only liable for damages that are based on injury to life, body or health, or for intentional damages and for damages caused through wilful intent or gross negligence.

GamerLegion is only liable for slight negligence in the case of a violation of essential contractual obligations, which guarantee a proper execution of the contract and whose violation impairs the actual purpose of the contract and on whose compliance the user relies. Liability for slight negligence is limited to ordinary and foreseeable damages. The liability of GamerLegion according to the product liability law and the telecommunication law remains unaffected.

This limitation of liability applies to all freelancers and employees of GamerLegion.

Contract Term and Termination

The contract concluded between GamerLegion and the user is valid for an indefinite amount of time, unless the parties have expressly agreed otherwise at the time of the conclusion of the contract.

The parties can terminate the contract and thus the existing account at any time without notice.

The user can terminate the contract by sending an e-mail to support@gamerlegion.de. The e-mail must contain the username of the account and must originate from the e-mail address entered in the user’s account.

The right of both parties to extraordinary termination remains unaffected by this.

In the case of an ordinary termination of the contract by the user or an extraordinary termination by GamerLegion due to a fault of the user, GamerLegion is not obliged to return or refund already booked training credit.

GamerLegion specifically reserves the right to extraordinary termination if:

– the user has not paid a due amount of at least 5.00 EUR after 30 days or if the user is late paying an equal amount of money for the second time in a row within six months;

– the user deliberately violates these general terms and conditions of use, despite having received a warning from GamerLegion concerning this matter;

– there are special circumstances in which GamerLegion cannot reasonably be expected to adhere to the contract, especially when committing criminal acts under the German Criminal Code (StGB) or the commercial use of the game, in which case a warning is not required.

Instead of termination for good reason, GamerLegion can block the user’s account and their access to the game for the duration of up to one month. The user does not have to make any payments for the duration of the blocking.

Miscellaneous

GamerLegion is entitled to change the terms and conditions without giving any reason, if the user is not disadvantaged against good faith by this. Changes will be announced to the user by e-mail. Changes to the content are permissible if content extensions of the product require new regulatory requirements, in particular if new features are made available to the users or if changes to the law or jurisdiction result in a need for adjustment, in particular if individual provisions of these terms of use are or should become ineffective. If the user does not object to the validity of the new terms and conditions within two weeks of being notified and having had the opportunity to take notice to GamerLegion, the amended terms and conditions are considered accepted. In the announcement of changes, GamerLegion will refer to the possibilities of withdrawal, the withdrawal period, and the legal consequences, specifically regarding an omitted withdrawal. In the case of a withdrawal in due time, GamerLegion is entitled to terminate the contract with a notice period of 7 days. Until the termination of the contract, the previously valid terms and conditions continue to apply.

The Law of the Federal Republic of Germany applies – excluding the conflict rules of the private international law, which refers to the application of other legal systems, as well as the UN Convention on Contracts for the International Sale of Goods. To the extent required by law, the mandatory consumer protection law of the customer’s country of domicile shall apply additionally.

If individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of any other provisions.

Effective from June 2019

(If you want to withdraw from this contract, please fill out this form and send it back.)

To

GamerLegion GmbH
Uhlandstr. 165, 10719 Berlin
Email: support@gamerlegion.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

(*) Delete as appropriate.