1.1. Parties to the contract and subject matter of the contract
These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, General Corporation LP, 272 Bath Street, Glasgow, G2 4JR, Scotland, UK (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use for a fee of the services we offer under the name Fatkiller via our website (hereinafter referred to as the “Services”).
1.2. Terms and conditions for participating
A condition for opening a user account and using the Services is that you are at least 18 years of age and have full legal capacity, EU citizen and have permanent access to the Internet.
The Services are intended exclusively for consumers. Use of the Services for commercial purposes of any kind is expressly prohibited.
1.3. Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual Services (if any). We will, however, notify you of this in good time prior to use.
2.1. Content of the Services
“Get Fit” membership package include: full access to daily work out tasks, nutrition guidelines and extra tasks within Fatkiller Club program for one person for the period of one game.
The Services are provided on a one-off payment basis in the amount of: 21 euro for “Get Fit” package.
All prices stated include the applicable VAT.
In case of nutrition coachings, please note that the foods suggested as part of the coaching are not part of the Services and need to be purchased by you separately at your own cost.
3.1. Terms and conditions with regard to your health
Use of the Services is at your own risk.
In any case a condition for the use of the Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Services (such as trainings or coachings). This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.
In case of Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
In addition our female consumers should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by us.
The following general rules apply: Listen to what your body is telling you. Before using the Services for the first time or while using the Services, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing using the Services.
3.2. No substitute for medical advice
The Services and information offered by us do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
3.3. Training-/Dietary Methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.
4.1. Registration process
In order to use the Services you must first register and open a user account to use the Services.
When registering on our website, the user contract between you and us is formed after the registration process is fully completed.
5.1. User contract
The user contract concluded between you and us once you register your account is valid for an indefinite period.
5.2. One-off additional services
One-off additional services (if any) may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.
6.1. Collection of fees
Fees are collected when the contract is concluded for the Services through the payment of a one-off sum.
6.2. Payment default
We reserve the right to assert further claims for late payments.
If you purchase the Services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available.
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.
8.1. Cancellation policy
If you have entered into a contract for use of the Services you are entitled to the following right of withdrawal.
You have the right to cancel the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract.
To exercise your right of cancellation you must send us:
General Corporation LP
272 Bath Street, Glasgow,
G2 4JR, Scotland, UK
unequivocal notification (e.g. a letter sent by post, a fax or an email) of your decision to cancel the contract. You can use the attached model cancellation form for this, but you are not obliged to do so. To meet the deadline for cancellation it is sufficient to send us the notification of your wish to exercise your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your cancellation of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund.
End of the cancellation policy.
8.2. Model form for your cancellation
You can use the cancellation form below. Please make sure to inform us on the specific Services that you want to withdraw from.
If you would like to cancel the contract then please print this form out, complete it and return it to:
General Corporation LP
272 Bath Street, Glasgow,
G2 4JR, Scotland, UK
I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service (*)
Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s)
(*) delete as appropriate.
9.1. Statutory Provisions
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
9.2. Disclaimer of guarantees
We do not make any representations or guarantees that the use of the Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors, which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Services.
Insofar as you are provided with guides or instructions in connection with the Services it is imperative that you follow them. Otherwise you risk being injured and your general health.
Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.
You need to observe and respect our health safety notices in section 3.
10.2. Liability for services
If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.
Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.
Otherwise, our liability is excluded.
10.3. Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents. Such liability is limited to up EUR 10 000 in any case.
10.4. Product liability
Claims under the UK Consumer Protection Act remain unaffected by the above-mentioned liability exclusions or limitations.
The services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites (or other platforms used by us) websites, is not permitted. The right of use will lapse when your access to the respective Service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.
12.1. Disclaimer of responsibility for third party content
You are solely responsible for content that you post within the Services. We accept no responsibility for this content, nor do we monitor it.
12.2. Compliance with statutory provisions
When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the United Kingdom. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other pictures you post.
We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 13.2.
If you infringe the principles mentioned in clause 12.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.
13.1. User contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account the 14 days term specified in section 8 hereof had expired, any sum that you have already paid will not be refunded, not even on a pro rata basis unless there is a material breach of these General Terms and Conditions of Business by us.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.
13.2. Cancellation for good cause
The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.
We reserve the right to change or modify these General Terms and Conditions of Business with future effect. We will advise you of the changes by email no later than one (1) week before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use the Services, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.
16.1. Applicable law
The relationship between the parties is governed exclusively by English law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws provisions thereof. In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
16.2. Place of jurisdiction
If you do not have a place of general jurisdiction in the United Kingdom or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
16.3. Language of the contract
The language of the contract is English.
16.4. Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
General Corporation LP
272 Bath Street, Glasgow,
G2 4JR, Scotland, UK