1.1 machtfit GmbH (hereinafter referred to as "mf") operates an online platform on which health-promoting offers are provided by partners registered with mf. The employees of the participating companies (the employees hereinafter referred to as "users" and the companies hereinafter referred to as "companies" or "employers") are authorized by them to book the health-promoting measures or vouchers directly on the online platform. The use of health-promoting measures by employees and the goal of maintaining health pursued in this way is in the interests of both employers and employees. Users can also book health-promoting measures or vouchers without the involvement of the company.
1.2 The following General Terms and Conditions (hereinafter referred to as "Terms of Use") contain the basic rules for the use of mf's online platform "machtfit" by users who have been authorized by the employer to book the use of health-promoting measures or vouchers via the online platform and by users who book health-promoting measures or vouchers without the participation of the companies
2.1 "Online platform" within the meaning of these terms and conditions of use is mf's Internet offering, essentially consisting of an offer database and a booking portal via which the use of health-promoting measures and vouchers can be booked, whereby the platform is made available for retrieval as an independent offering under "machtfit.de", but can also be embedded in other Internet offerings, for example in company-specific portals operated by mf or mf's cooperation partners.
2.2 "Health-promoting measure" within the meaning of these Terms of Use is any action (e.g. course offer) or product that aims to maintain or improve physical, mental or social health. It includes, for example, promoting exercise, healthy eating or stress prevention. This measure can (but does not have to) be a benefit within the meaning of Sections 20, 20a and 20b SGB V.
2.3 "Voucher" within the meaning of these Terms of Use is any voucher for a health-promoting measure that is purchased.
2.4 "Offer" within the meaning of these Terms of Use is any offer advertised on the online platform and bookable via the online platform, usually subject to a fee, (i) by a Partner to the employer for the provision of health-promoting measures to the employee, (ii) by a Partner to the User for the provision of health-promoting measures, (iii) a partner to the employer to purchase a voucher for the employee, (iv) a partner to the user to purchase a voucher and (v) from mf to the employer to purchase a voucher for the employee and from mf to the user to purchase a voucher. The main features of the offers are described on the online platform.
2.5 "Partner" within the meaning of these Terms of Use is any natural or legal person or association of persons that provides or procures health-promoting measures and offers these for booking on the online platform.
2.6 "Service contract" within the meaning of these Terms of Use is any contract with a partner for the participation of the employee in a health promotion measure to be carried out by the partner, which is a service, and the provision of the associated services by the partner.
2.7 "Purchase Contract" within the meaning of these Terms of Use is any (i) contract with a Partner for the purchase of a Health Promotion that is not a Service, or (ii) contract with a Partner or mf for the purchase of a voucher for the User, and in each case the provision of the related services by the Partner or mf.
3.1 In order to be able to use the mf online platform, the User must be an employee of a company that has concluded a cooperation agreement with mf on the use of the mf online platform. mf is entitled to make the User's registration dependent on the provision and use of a company-specific e-mail address or a registration code provided to the User by the company or, in consultation with the respective cooperating company, to demand other information and proof from the User that the User belongs to the respective company.
3.2 The user is obliged to inform mf immediately if his affiliation with the company concerned ceases. From the time of termination of the User's employment with the company concerned, the User shall no longer be entitled to use the online platform.
4. Registration, user account
4.1 The use of the mf online platform by the User requires the User to register with mf and set up a user account. Registration is free of charge for the User.
4.2 When registering, the user must provide the requested master data (title, surname, first name and e-mail address). As optional information, the user can also provide their telephone number, date of birth, address or other information requested in their user account. The user is obliged to provide the data collected during registration truthfully and completely. The creation of fake user accounts or multiple user accounts without the express written consent of mf is not permitted. Should the data collected change after registration, the user is obliged to update the information in his user account immediately or - if this is not possible - to inform mf of the changes without delay.
4.3 Before submitting the registration, the user has the option of checking all entries again, changing them and correcting them at any time (also via the 'back' function of the Internet browser) or canceling the registration.
4.4 By submitting the registration form via the corresponding button, the user submits an offer to mf to conclude a contract for the use of mf's online platform. If mf accepts the registration, the user shall receive a confirmation e-mail. The registration can only be sent if the user has filled in all mandatory fields and has accepted these terms of use by marking the corresponding fields and has taken note of the data protection conditions
4.5 After the user has sent the registration, mf shall send the user a confirmation of registration by e-mail within 48 hours of the registration being accepted. The user shall have no right to registration; in particular, mf shall be entitled to reject the user's offer. The registration and thus the offer to conclude the registration contract shall be deemed to have been rejected if the aforementioned period expires without a response from mf.
4.6 Upon receipt of the registration confirmation by e-mail, the contract between mf and the user for the use the mf online platform shall come into effect. Enabling the use of mf's online platform is equivalent to an express declaration of acceptance
4.7 The complete text of the contract shall not be stored by mf after conclusion of the contract. Before submitting the registration, the user can print out the contract data using the browser's print function or save the retrievable PDF file electronically. The language available for the conclusion of the contract on the online platform is German
4.8 The user must keep the access data to his user account specified during registration secret and protected against access by unauthorized third parties. If the user loses the access data or discovers or suspects that his access data is being used by a third party, he must inform mf immediately.
4.9 The user is responsible for all actions carried out on the online platform using their access data as if they were their own actions. This does not apply if the user is not responsible for the unauthorized use of his access data.
5.1 By registering on the online platform, the user has the option of using various filter functions on the online platform to search specifically for offers for health promotion measures and vouchers that can be subsidized by his employer through co-payments. The content, specifications and prices of the health-promoting measures and vouchers are described in detail on the online platform.
5.2 The user has the option of booking offers for health-promoting measures or vouchers via the online platform. If the user makes use of this option, the service or purchase contract for the provision of the services described in the offer is concluded with the offering partner. In cases where mf offers a voucher itself (i.e. in the case of offers from mf), the purchase contract is concluded with mf.
Whether the contract is concluded with the employer or the user depends on whether the employer promotes the offer by making an additional payment. In this case, the contract is concluded with the employer, represented by the user. Otherwise, if the employer does not support the offer by making an additional payment, the contract is concluded directly with the user.
In the case of offers from the partner, mf does not become a party to such a contract, but merely mediates the conclusion of the contract by providing the platform.
5.3 Offers published on the online platform do not constitute a binding contractual offer by the offering partner or mf to conclude a service or purchase contract. By submitting the booking form provided for this purpose on the online platform via the corresponding button, the user submits a contractual offer to the offering partner or mf to conclude a service or purchase contract for the corresponding health-promoting measure.
After the user has sent the contract offer, the partner or mf shall send the user a booking confirmation by e-mail within 48 hours at the latest if the contract offer is accepted. The user has no right to the conclusion of a contract; in particular, the partner or mf is entitled to reject the user's contract offer. The contract offer shall be deemed to have been rejected if the aforementioned period expires without a response from the partner or mf.
In the case of offers from a partner, mf is entitled, on the basis of corresponding agreements with the partner, to accept the user's contractual offer on behalf of the partner and to accept it by sending a confirmation e-mail to the user on behalf of the partner.
The service or purchase contract is concluded upon receipt of the confirmation email by the user. The provision of the service is equivalent to an express declaration of acceptance.
5.4 Before submitting the contract offer in accordance with section 5.3, the user has the option of checking all entries again, changing them and correcting them at any time (also via the 'back' function of the Internet browser) or canceling the booking. The respective contract offer can only be sent by the user if the user has filled in all mandatory fields and has accepted these Terms of Use and any other applicable General Terms and Conditions (see section 5.5) by marking the corresponding fields and has taken note of the data protection conditions.
5.5 In the event of the conclusion of a service or purchase contract, the general terms and conditions of a partner may apply in addition to these Terms of Use. If this is the case, this will be indicated in the offer.
5.6 If a service or purchase contract is concluded via the online platform, mf shall be entitled to provide the Partner with the information required to process the service or purchase contract, if available. Further details are regulated in the data protection declaration.
5.7 The complete text of the contract shall not be saved by mf after conclusion of the contract. Before submitting the booking, the user can print out the contract data using the browser's print function or save the retrievable PDF file electronically. The language available for the conclusion of the contract on the online platform is German.
5.8 The Employer is not entitled to the conclusion of a specific contract in favor of the employee for an offer advertised on the online platform or to the conclusion of a specific number of contracts for offers advertised on the online platform. The user also has no claim to this.
5.9 Order processing and contact are generally carried out by email and automated order processing. The user must be an employee authorized to receive the service . The user must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by mf can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by mf or third parties commissioned with order processing can be delivered.
6.1 The company that employs the user may have the option of making special offers of its own available on the online platform for its own employees only. If the user's employer has made use of such an option and the user wishes to access corresponding offers from his employer, he may have to register separately. As part of the registration process, the company may request additional information from the user, which will then be transmitted to the company as part of the registration process.
6.2 If a business offer within the meaning of Section 6.1 is an offer of chargeable services, payment cannot usually be processed via the online platform.
7.1 The prices listed in the respective description of the offer on the online platform as well as any shipping costs represent total prices. They include all price components including all applicable taxes, in particular statutory VAT.
7.2 Unless otherwise stated in the offer, the shipping costs incurred are not included in the purchase prices. They are shown separately in the offer or during the booking process and are to be paid in addition to the purchase price, unless the partner or mf has agreed to free delivery.
7.3 Payment shall be made in euros. The payment methods available to the user for the portion of the price to be borne by the user are shown in the booking process. The settlement of the price with the company with regard to the portion to be borne by the company (i.e. subsidized additional payment by the employer) shall be regulated separately between mf and the company.
7.4 Unless otherwise specified for the individual payment methods, the Partner's and mf's payment claims against the User arising from the respective contract are due for payment immediately. Payment by the User shall be made during the booking process. The User agrees that he/she will not receive paper invoices and that the Partner and mf will send an electronic receipt or invoice in accordance with the legal requirements to the e-mail address stored by the User in his/her user account.
7.5 Payment of the amounts invoiced to the users for contracts concluded with mf as well as with a partner shall be made to an account of mf. mf shall be entitled by the partner to state an account of mf as bank details in the invoices and to demand payment to this account.
7.6 The user is only entitled to offset or withhold payment if his counterclaim is undisputed, recognized or legally established or is based on the same contract.
8.1 The service provision of a health-promoting measure and the delivery of the goods (incl. voucher) shall only take place upon full payment of the amount to be paid by the user.
8.2 In the case of a purchase contract and unless otherwise agreed, the goods shall be delivered to the delivery address specified by the user during the booking process. The goods shall be shipped by post, other parcel service providers or logistics companies at the Partner's discretion. Vouchers will be sent to the e-mail address provided by the user in the user account.
8.3 In the case of a service contract, the service is provided either online via a link to the booked course, on site at the partner offering the course or at the address specified in the offer.
9.1 mf grants the user a free, non-exclusive, non-sublicensable, non-transferable right to use the online platform in its current version to search for and book offers with the functionalities offered. The right of use is limited to the duration of the registration. Provision is web-based via the Internet.
9.2 mf shall make the online platform available to the user for use in its current version at the router exit of the data center where the server with the online platform is located ("transfer point"). The online platform, the computing power required for use and the required storage and data processing space shall be provided by mf. mf shall not, however, be responsible for establishing and maintaining the data connection between the IT systems of the user or employer and the transfer point described.
9.3 The user may only use the online platform in the contractually agreed manner. The user is not entitled to any rights that are not expressly granted to the user. In particular, the user is not permitted to edit, reengineer, decompile, further develop, redevelop, reproduce or download the online platform, unless permitted by law (see Sections 69d (2), (3), 69e UrhG) or required for the intended use.
10.1 The agreement on the use of the mf online platform (registration) is concluded for an indefinite period. The agreement shall end automatically upon termination of the cooperation agreement between mf and the company to which the User belongs. It shall also end upon termination of the User's employment with the company in question.
10.2 The user may terminate the user agreement with mf without stating reasons by giving two weeks' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected by this.
10.3 Any termination must be in text form.
10.4 Service or purchase contracts concluded via the online platform remain unaffected by the termination of the user agreement.
The user is entitled to a right of withdrawal in accordance with the provisions on distance contracts, regardless of whether he/she books an offer directly (i.e. without the involvement of the employer) or on behalf of the employer (in the following instruction, the user falls under the "consumer"). Instruction:
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Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date:
in the case of a sales contract: on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
in the case of a service contract: the conclusion of the contract.
To exercise the right to cancel, you must inform us (machtfit GmbH, Monbijouplatz 5, 10178 Berlin, phone: 030 34655060, fax: 030 346550699, e-mail: service@machtfit.de) of your decision to cancel this contract by a clear 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 notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
In the case of a sales contract: We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
If you have received goods in connection with the contract: You must return or hand over the goods to us (machtfit GmbH, Monbijouplatz 5, 10178 Berlin) or to the partner offering the goods (you will find the address in the partner's offer and in the confirmation email) immediately and in any case within fourteen days of the day on which you inform us of the revocation of this contract at the latest. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
In the case of a service contract: If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Exclusion of revocation:
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Sample withdrawal form
(If you wish to cancel the contract, please complete this form and return it to us).
To
machtfit GmbH
Monbijouplatz 5
10178 Berlin
Fax: 030 346550699
E-mail: service@machtfit.de
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.
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12.1 mf shall endeavor to achieve the most continuous availability and error-free functionality of the online platform. However, the user acknowledges that for technical reasons and due to the dependence on external influences, e.g. within the telecommunications networks, uninterrupted availability of the online platform cannot be realized.
12.2 mf shall carry out occasional maintenance work on the technical infrastructure used for the provision of services in order to ensure operation and, if necessary, to expand the infrastructure. This may result in temporary disruptions to the online platform. mf shall carry out the maintenance work, where possible, during times of low usage.
13.1 mf shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular ยงยง 434 et seq. BGB.
13.2 mf shall be liable for damages suffered by the user in accordance with the statutory provisions,
which were caused by mf or its vicarious agents or assistants intentionally or through gross negligence,
are the result of the non-existence of a guaranteed quality of the service,
which are based on a culpable breach of material contractual obligations,
are the result of culpable injury to health, body or life,
for which liability is provided for under the Product Liability Act, or
for the costs of legal action for damages caused by delay within the meaning of Section 288 (6) BGB.
13.3 However, in the event of a merely slightly negligent breach of a material contractual obligation, mf's liability shall be limited to such damages as must typically and foreseeably be expected to occur in the context of the provision of the agreed services. This limitation shall not apply if damages are the consequence of injury to health, body or life or the consequence of the non-existence of a guaranteed quality of the service. "Essential contractual obligations" are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely, and whose breach on the other hand would jeopardize the achievement of the purpose of the contract.
13.4 Otherwise, the liability of mf and its vicarious agents and assistants shall be excluded, irrespective of the legal grounds.
13.5 The provisions of clauses 13.2 to 13.4 shall apply accordingly in favor of (i) the legal representatives and vicarious agents of mf and, (ii) subject to an agreement to the contrary, the partners, should they be directly liable to the user
mf collects, processes and uses the user's personal data. Information on data processing and data protection can be found in mf's privacy policy.
15.1 Should mf change its GTC during the term of the contractual relationship with a user, mf shall inform the user of the changes by e-mail six weeks before the changes come into effect and send him the new GTC. If the user does not object to the validity of the new GTC within four weeks of this notification, the new GTC shall be deemed to have been accepted and shall thereby become effective. mf shall expressly draw the user's attention to this deadline in the notification of change. In the event of an objection, the old GTC shall continue to apply. In this case, however, mf shall have the right to terminate the contract with a notice period of four weeks.
15.2 Excluded from the right to amend these GTC are changes to the remuneration, main performance obligations, regulations on termination or other significant changes that would be equivalent to the conclusion of a new contract. In this case, mf shall obtain the user's consent in text form.
16.1 The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/, which consumers can use to resolve a dispute and where consumers can find further information on the subject of dispute resolution.
16.2 mf is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board in the event of a dispute with the user.
17.1 Insofar as these Terms of Use provide for the transmission of declarations or information by mf to the user, this transmission shall generally be made by e-mail to the e-mail address provided by the user during registration or stored in the user account.
17.2 Should individual provisions of this contract be invalid or unenforceable, the validity or enforceability of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provisions, if any.
17.3 The contractual relationship with the user shall be governed exclusively by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the user has concluded the contract as a consumer, the mandatory consumer protection provisions applicable in the country in which the user has his habitual residence shall also apply, insofar as these grant the user further protection.
Status: April 2025