Terms & Conditions

A. General

The following terms and conditions apply to the music and rhythm exercises and subscriptions offered as part of the TAKETINA ONLINE membership. Once a membership has been taken out, the videos provided can be accessed. By registering on www.taketina-online.com and subpages, these terms and conditions are recognized.

We do not permit the use of our offers without prior acceptance of our terms and conditions. We do not accept deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

B. Subject of the Contract, Conclusion and Termination

A subscription contract is concluded upon registration with TAKETINA ONLINE. In this respect, a contract is concluded when you click on the button “pay by instant bank transfer”, “pay by credit card” or “pay by PayPal” at the end of the order process.

The respective service description can be found directly in our offers and the description on the website www.taketina-online.com. The exact scope of services can be found in the next section “Scope of services of TAKETINA ONLINE membership”.

C. Scope of Services of TAKETINA ONLINE membership

D. Use

A valid e-mail address is required to register on www.taketina-online.com. Furthermore, a password must be chosen that meets current security requirements. The password may not be passed on to third parties.

The TAKETINA ONLINE membership site may only be used for private purposes; commercial or industrial use or public presentation is only permitted with express written authorization.

TAKETINA ONLINE memberships are personal, i.e. only persons with a subscription may consume the videos and content.

The units take place in multimedia form via the Internet. The member alone is responsible for Internet access and the necessary equipment (PC, microphone, headphones or loudspeakers, webcam).

E. Prices, payment and provision of services

All prices quoted by us are gross prices and include the statutory value added tax. Our services shall be provided at the agreed times. Unless otherwise agreed with us, the customer shall be obliged to perform in advance. The agreed remuneration is due immediately upon conclusion of the contract.

Payment can be made in advance, by credit card, direct debit or PayPal. 
If you choose to pay in advance, we will provide you with our bank details in the order confirmation and activate the booked online courses after receipt of payment. If you choose to pay by credit card, your credit card will be charged upon completion of the order. Your membership will be activated when you complete your order so that you can start immediately after completing your order. 
If you select the direct debit / SEPA direct debit payment method, the purchase price will be debited from your account upon completion of the order. The online course will be activated upon completion of the order so that you can start immediately after completing the order. In the case of payment by direct debit, the fee will be increased by the transaction costs charged to TaKeTiNa Online Learning GbR by third parties if the direct debit is unsuccessful (e.g. due to insufficient funds or unjustified objection), but by at least 8 euros. 
If you select the PayPal payment method, you pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception: guest access). You will receive further information during the ordering process. 

We offer the payment options PayPal and credit card via our external payment processor PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg and Stripe Payments Europe, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland. In the case of direct debit, it is necessary during the ordering process to revocably authorize PayPal Plus to collect the payments to be made by you through the purchase by direct debit.

The online course will be activated upon completion of the order so that you can start immediately after completing the order. 

F. Termination, Duration

The contract is concluded for the agreed term. A TAKETINA ONLINE membership has a term of one (1) month or (1) year. After the contract term, the membership shall be extended by the duration of the initial term, unless one of the contracting parties has terminated the contract.

Cancellations can be made at any time via our Membersite in the dashboard settings. In the case of termination by e-mail, the termination can be made up to a maximum of 7 days after the date of receipt of the e-mail. Early/free termination rights of the customer within the contract term are excluded.

G. Performance

We will perform the agreed services according to the offer with the required care. We are entitled to use the help of third parties / service providers for this purpose. If we are prevented from performing the agreed services on time due to illness, we reserve the right to provide these services up to a maximum of one month later. If we are prevented from performing the agreed services and the reasons for the hindrance originate from the customer’s sphere, our claim for remuneration remains unaffected.

H. 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 of conclusion of the contract.

To exercise the right of withdrawal, you must inform us (TaKeTiNa Online Learning GbR, Münchner Str. 2, D-82335 Berg, member@taketina.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 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.

Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us)

• TaKeTiNa Online Learning GbR Münchner Str. 2, D-82335 Berg, member@taketina.com
•  
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date (*) Delete as appropriate.

I. Data Protection, Consent to Data Processing, and Contact

The protection of personal data is our top priority. We therefore provide separate information in our privacy policy about the collection, storage and processing of personal data and the rights of data subjects in this regard. You confirm that you have read our privacy policy before using our services and that you agree to it.

You revocably consent to the storage and processing of all personal data you provide to us (name, address, telephone number, e-mail address). You revocably consent to the use of cookies within our services, to the evaluation, storage and consolidation of your user behavior and to the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third-party companies from non-EU/EEA countries). Paragraph 2 and § 5 of our Privacy Policy apply to any revocation.

J. Behavior and Consideration

We reserve the right to prosecute under civil law any unlawful and/or inappropriate or unfounded statements about our company and our services, whether made by customers, competitors or other third parties, in particular untrue factual claims and abusive criticism, and also to bring criminal charges without prior notice.

However, if the customer impairs the operation of our programs and services through inappropriate behavior, we will ask the customer once to stop the impairment. In the event of recurrence, we shall then be entitled to temporarily or permanently exclude the customer from our programs and services. Our claim to remuneration in these cases remains unaffected.

Within the scope of the contractual relationship with our company, the customer must also always treat other participants/customers and our employees with respect.

In the event of culpable violations, we are entitled, after a one-time warning, to temporarily or permanently block the customer’s access to our program and training content at our reasonable discretion. In this case, the customer’s contractual obligations towards us shall remain unaffected.

K. Legal matters

TaKeTiNa is protected by trademark law and may only be used by certified and trained TaKeTiNa teachers.

Any publication of the music and rhythm exercises, workshops, TaKeTiNa journeys and other TAKETINA ONLINE videos by members or other third parties is prohibited. Recording of the video calls is also prohibited. Reproduction, editing, distribution or any other type of utilization of the entire website or parts of this website is not permitted.

In the event of problems with the program, video calls or the Internet connection on the part of TaKeTiNa, the video call will be extended according to availability. This does not give rise to any claims by the member. If Reinhard Flatischler, Anna-Maria Flatischler or Johann Bertl are unavailable, TaKeTiNa Online Learning GbR is entitled to provide a replacement (also a trained TaKeTiNa teacher).

L. Rights of use

We have exclusive copyright exploitation rights to all images, videos, texts, webinars, databases etc. published by us (e.g. on Facebook or on password-protected platforms). Any use of this content is not permitted without our consent.

The customer receives a simple right of use with regard to the content stored by us in the password-protected member area exclusively for the duration of the contract term. This right of use serves to implement the individual contract concluded with the customer.

The customer is provided with access and logins to our programs, content and platforms exclusively for the duration of the booked contract term. It is strictly forbidden to pass on the provided accesses, login data and the contents of our member platforms to third parties not authorized by us vis-à-vis the customer. In the event of violations of the aforementioned obligation, a reasonable contractual penalty, the amount of which is to be determined by us at our reasonable discretion depending on the program and which may amount to up to EUR 15.000 in individual cases, shall be deemed to have been forfeited to us. Access by members of the customer’s company/employees is generally permitted, but must be expressly approved and confirmed by us to the customer.

By using our member platforms, the customer agrees to the evaluation of individual user behavior and the collection of the associated data (including IP and MAC addresses), which may have a personal reference, on the respective platform by our company and the use of corresponding software for the duration of the contract term.

Any infringement of our copyrights will always be prosecuted under civil law and reported to the competent investigating authority under criminal law.

The customer shall not receive any right of use in relation to advertising texts/advertisements published by us on our websites or within forums/groups.

In individual cases, the customer is permitted to acquire other participants from our programs for his own orders. However, systematic customer acquisition is prohibited. No participant may be harassed by the customer’s acquisition attempts.

In the event of culpable infringement, we are entitled to exclude the customer temporarily or permanently from participation in our social media groups at our reasonable discretion after a single warning in the event of a repeat offense. In this case, the customer’s contractual obligations towards us remain unaffected.

M. Final provisions

This contract is exclusively governed by the laws of the Federal Republic of Germany. The place of fulfillment for this agreement is the seat of TaKeTiNa Online Learning GbR.

Should individual provisions of these T&Cs be or become invalid or unenforceable, or should they become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. In place of the invalid or unenforceable provision, the effective and enforceable regulation whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision shall apply.

T&Cs – Date: 24.01.2024 © – Reproduction prohibited.