Terms and Conditions
General Terms and Conditions of DMG Services GmbH – DVNS
The following General Terms and Conditions regulate the contractual relationship between DMG Services GmbH, Baarerstrasse 135, 6300 Zug, Switzerland, and the users who use services of DMG Services GmbH (hereinafter “Users”) and define the conditions under which the use of all services of DMG Services GmbH takes place, in this case the DIVINUS platform.
By concluding a membership with DIVINUS, e.g. at http://divinus.club (hereinafter referred to as “Website”), the user declares his or her agreement with the terms and conditions listed below. Should the user not agree with the terms and conditions, the registration must be waived.
The terms (“us”, “we”, “company” or “DMG Services” refer to DMG Services GmbH.
1. scope of application
The terms and conditions listed here apply to the use of the website, as well as the mobile app “DIVINUS”, and to all services of DMG Services GmbH, which refer to these terms and conditions. Deviating regulations and in particular conditions of the user, which are in conflict with the terms and conditions, require the express consent of DMG Services in text form.
2. conclusion of contract, commencement of contract, prices
a. The contract between DMG Services and the user comes into effect by the conclusion of a membership by the user on the website or the respective mobile apps.
We may make changes to this Agreement and the Service from time to time. We may make such changes for various reasons, such as to reflect changes in law or legal requirements, new features or changes in business practices. The most current version of this contract is posted on the Service under Settings and on divinus.club, and you should check the most current version regularly. The latest version is always the version that is valid. If the changes include significant changes that affect your rights or obligations, we will inform you about these changes in an appropriate way, e.g. by notifications via the Service or by e-mail. If you continue to use the Service after the changes take effect, you agree to the revised contract.
You must be at least 18 years of age to use the Service. By becoming a member and by using the Service, you represent and warrant that:
- You can enter into a binding contract with DMG Services;
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and
- you have never committed a serious crime or felony (or a crime of a similar magnitude), a sex crime or a crime of violence, and that you are not listed as a sex offender in any state, federal or local sex offender registry
4. your account.
To use DIVINUS, you can log in with your login. You are responsible for keeping the login information you use to log in to DIVINUS confidential and are solely responsible for all activities that occur under this login information. If you think that someone has gained access to your account, please contact us immediately.
a. The user may use a pseudonym for the platform. If the user decides to add information (e.g. details or pictures) to his account, this information must be truthful and accurately describe his personality. In particular, information is incorrect or untrue if the User cannot be identified from the information posted or if it shows a person other than the User.
b. The user shall ensure that he/she can be contacted at the e-mail address provided during registration. The user shall keep the e-mail address stored at DMG Services up to date and shall use this address for communication with DMG Services. The user shall write from the address provided to DMG Services when communicating via e-mail in order to allow for an assignment to a user account. If the user communicates from a different address or not by e-mail, the user must take precautions to confirm the authorization to communicate with DMG Services from this address. Delays due to missing information from the user are at the user’s expense.
c. The user undertakes to provide only his own data (including e-mail address) and not that of another person. In particular, he/she undertakes not to fraudulently provide the bank details or credit card details of third parties.
d. DMG Services may have the correctness of the information provided by the user checked, if necessary, to ensure the identity of the user and the functionality of the platform.
5. modification of the service.
DMG Services always strives to improve the service and to provide you with additional functionalities that you find appealing and useful. This means that from time to time we will introduce new product features or enhancements and remove some features, and if these actions do not materially affect your rights or obligations, we may do so without prior notice to you. We may even suspend the service altogether, in which case we will notify you in advance unless mitigating circumstances, such as security concerns, prevent us from doing so.
6. security; your interactions with other users.
Although DMG Services strives to promote a respectful user experience through measures such as face-to-face meetings and user testing, DMG Services is not responsible for the conduct of users inside or outside of the Service. You agree to exercise caution in all interactions with other users, especially if you choose to communicate outside of the Service or to meet users in person. In addition, you agree to read and follow the DMG Services Code of Conduct before using the Service.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ARE AWARE THAT DMG SERVICES DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. DMG SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF ITS USERS.
7. rights granted to you by DMG Services
DMG Services grants you a personal, worldwide, non-transferable, non-exclusive, revocable, non-sublicensable license to access and use the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service in the manner intended by DMG Services and permitted by this Agreement. Therefore, you agree not to do the following:
- to use the Service or any content contained in the Service for commercial purposes without our written consent
- copy, modify, create derivative works from, use, or in any way reproduce any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessed through the Service without the prior written consent of DMG Services
- express or imply that any statement you make is endorsed by DMG Services.
- Use any robot, bots, spider, crawler, web page search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, “data mine” or otherwise reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of information transmitted via the service
- to “frame” or “mirror” parts of the Service without the prior written consent of DMG Services.
- Use meta tags, codes, or other devices that contain a reference to DMG Services or the Service (or any DMG Services trademark, trade name, service mark, logo, or slogan) to direct persons to other websites for other purposes.
- modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any portion of our Service or cause others to do so.
- Use or develop third-party applications that interact with the Service or other users’ content or information without our written consent.
- Use, access or publish the DMG Services application programming interface without our written consent.
- to investigate, interrogate or test the vulnerability of our Service or any system or network.
- encourage or promote activities that violate this Agreement.
- The Company may conduct investigations and take all available legal action in response to illegal and/or unauthorized use of the Service, including termination of your account.
- Any software we provide to you may automatically download and install upgrades, updates or other new features. You may be able to customize these automatic downloads through your device settings.
8. rights you grant to DMG Services.
DMG Services license to your content is non-exclusive, except that DMG Services license is exclusive with respect to derivative works created through use of the Service. For example, we would have an exclusive license to screenshots of the Service that include your content. In addition, you authorize us to act on your behalf with respect to the infringing use of your Content taken from the Service by other users or third parties, so that DMG Services can prevent your Content from being used outside of the Service. Our license to your Content is subject to your rights under applicable law (for example, laws governing the protection of personal data to the extent that Content holds personal data in accordance with the provisions of such laws) and is solely for the purpose of operating, developing, providing and improving the Service and researching and developing new services. You agree that any Content that you place on the Service or that we place on the Service on your behalf may be viewed by other users who visit or participate in the Service (e.g., people who may view Divinus Content displayed by other users).
You understand and agree that we may monitor and review any Content you post on the Service. We may delete, in whole or in part, any Content that, in our sole discretion, violates this Agreement or may damage the reputation of the Service.
You agree to be respectful and friendly when communicating with our customer service representatives. If we believe that your conduct towards our customer service representatives or other employees is at any time threatening or offensive, we reserve the right to terminate your account with immediate effect.
Please note that we may access, store and disclose your account information and content if required to do so by law, by executing its contract with you, or in the good faith belief that such access, storage or disclosure is in the best interest of a legitimate interest, such as to (i) comply with any legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of any third party; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
9. content from other users.
Although DMG Services reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user posting it, and DMG Services cannot guarantee that all Content is in compliance with this Agreement. If you notice any Content on the Service that violates this Agreement, please report it within the Service or through our contact page.
a. The membership is a paid function with a term. When booking a paid membership, the user takes out a subscription which is automatically renewed monthly unless the user cancels it in due time (c.).
b. The user account only grants access to the account management. Without membership, access to the mobile application/platform is not possible. Access to the application, the full use of the service, is only possible by concluding a paid membership.
c. Both parties can cancel a subscription with a 24-hour notice to the end of the already
cancel the booked/paid period.
d. The termination of a membership does not affect the user account for account management purposes. By acquiring a new membership via the user account, the user can conclude a new membership at any time and gain access to the mobile app.
e. The membership can be cancelled on the website (divinus.club) via the user account. A cancellation can also be made via text (e-mail) or written form (letter) to DMG Services.
Refunds. Fees/membership costs are generally non-refundable and there are no refunds or credits for partially used time.
11. deletion of the user account by the user
a. The user can request the complete deletion of the user account at any time by e-mail or letter.
b. Memberships that are still running are not refundable and there are no refunds or credits for times already paid for.
12. termination of membership and deletion of a user account by DMG Services
b. If DMG Services terminates a subscription for a reason for which the user is responsible, the user must compensate for the damage incurred.
c. DMG Services may terminate a membership in text or written form.
d. If DMG Services terminates the user account for a reason for which the user is not responsible, the user is entitled to a refund of the purchase price of the chargeable functions linked to the user account, insofar as the chargeable function has not yet been fully used or consumed.
13. compensation by the user in case of violation of his obligations
In case of intentional or negligent violation of his obligations, the user is obliged to compensate DMG Services or our legal representatives or vicarious agents for any damages incurred.
14 Liability by DMG Services
a. A liability of DMG Services – regardless of the legal basis – only occurs if the damage (1). has been caused by culpable violation of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the contract purpose or (2). is due to gross negligence or intent of DMG Services. If DMG Services is liable according to the preceding paragraph for the violation of a cardinal contractual obligation, without gross negligence or intent, the liability is limited to that extent of damage, which DMG Services typically had to expect at the conclusion of the contract due to the circumstances known at that time. This applies in the same way to damages caused by gross negligence or intent by employees or agents of DMG Services who are not part of our managing directors or executive staff. Liability for consequential damages, especially for lost profit or compensation for damages of third parties, is excluded, unless we are guilty of intent or gross negligence. b. Claims for damages under the Product Liability Act and for damages resulting from injury to life, body or health shall remain unaffected by the above limitations of liability. c. DMG Services is only liable for the loss of data and programs and their recovery to the extent that this loss could not have been avoided by appropriate precautionary measures, especially the daily creation of backup copies of all data and programs. d. DMG Services is not liable for contents of other users, which have not been placed on the platform by us, unless DMG Services had knowledge of the illegality of the contents. e. These limitations of liability in favour of DMG Services also apply to legal representatives and vicarious agents of DMG Services.
16. applicable law, place of jurisdiction, special regulations for users outside of Switzerland
a. The contractual agreements of the contracting parties shall be governed by Swiss law.
b. Arbitration clause for non-consumers
c. Special provisions for users outside Germany
17. final provisions
a. Amendments to the contract, supplements and subsidiary agreements require the text form of both parties to be valid, unless otherwise specified in these General Terms and Conditions. The text form requirement also applies to the waiver of this text form requirement.
b. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the rest of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete. In case of discrepancies between different language versions, the German version shall prevail.
The following right of withdrawal for consumers applies to the use of DIVINUS within the scope of the conclusion of paid subscriptions:
1. revocation instruction
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must notify us (DMG Services GmbH, Baarerstrasse 135,
6300 Zug, Switzerland, email: email@example.com) by means of a clear statement (e.g. a letter, fax or email sent by post) about your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have already made use of the service using the mobile app, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time 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.
2. sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back to us. To: DMG Services GmbH, Baarerstrasse 135, 6300 Zug, Switzerland; Email: firstname.lastname@example.org
I hereby declare that I wish to exercise my right of revocation in connection with my purchase contract for the provision of the following services
Name of buyer:
Buyer’s e-mail address:
Buyer’s telephone number:
Date of purchase: