These terms and conditions take precedence for all services provided by the Uplifter website.
Uplifter is a project owned and operated by the Core Consulting GmbH. All products and services provided by Uplifter/ the Core Consulting GmbH (hereafter “Uplifter” for short) are carried out on the basis of the following terms and conditions, valid at the point in time at which the contract is closed.
By using our web site and services, you agree to our privacy practices and storage of information as described here and on our privacy page.
If you have any questions about our terms and conditions, please feel free to contact us through our website or write to us at:
Uplifter
c/o Core Consulting GmbH
Maistraße 63
80337 München, Germany
Any amendment of and/or addition to this agreement requires explicit written permission from Uplifter to be valid. The same shall apply to any waiver of this written-form requirement.
2.1 Subject of this agreement is solely the product/ service ordered by the consumer as confirmed by Uplifter according to the characteristics and criteria as described at the time of purchase in the online shop respective product/service description. Other or further product/ service properties and/ or criteria, as well as further usages apply only if they are explicitly confirmed by Uplifter in writing. This applies especially for the commercial use of Uplifter products.
2.2 Products/ services offered by Uplifter are copyrighted material or otherwise protected works. With closure of this contract the consumer obtains the non-transferable, non exclusive usage right limited to the usage as defined in section 2.3. All rights not listed there remain with Uplifter as the sole owner of all copyright and all other intellectual property rights.
2.3 With the purchase of the product/ service, the customer acquires the right to access the Uplifter service (access to the Uplifter back end website) through a computer of his/her choice for the purpose of unrestricted use without limitation of time or location.
The consumer must not copy the product/ service or any part of it for any purpose. The consumer must not share is account information. He/she is not allowed to share, sell, rent, sub-license or provide access to any part of the Uplifter service in any form whatsoever for third parties or for commercial use. Every transfer of rights is prohibited. Every violation will be prosecuted.
3.1 Personal requirement for the acquisition and use of Uplifter products is that the customer is at least 18 years of age.
3.2 In order to use Uplifter products and services the customer must have internet access through an appropriate technology. The associated internet dangers and costs (e.g. for the data transfer via internet) are the full responsibility of the customer.
The customer must fill out all required fields in the Uplifter online shop/ registration form. Once Uplifter receives the order a confirmation page will be presented to the customer with necessary order details, these details are to be verified for correctness and completeness and confirmed by the customer. This confirmation page may be located outside of the Uplifter website – for example on a third party payment gateway such as PayPal. Through the confirmation of the order the customer submits an offer to close an agreement with Uplifter. Once Uplifter receives the order confirmation and payment the customer is presented a link (an internet site address) through which the customer can access the ordered product/ service.
With the delivery of the link to the customer by Uplifter, the contract is completed.
Prices shown at the time of order on the Uplifter online shop are binding and include the legal sales tax. With an update of prices, earlier prices lose their validity.
Uplifter explicitly states that the prices do not include costs on the side of the customer for internet connection.
A right to return does not exist under the terms of § 312 d Abs. 4 Nr. 1 BGB, since the Uplifter membership service, due to its properties as data media, is not suitable for return.
7.1 The risk of coincidental loss or degradation of the product is transferred to the customer once Uplifter sends the service access link to the customer’s browser. The customer is responsible for immediately informing Uplifter of an incomplete or defective link in writing (e.g. per email), at the latest within a two week period after reception of the link.
In the case where the customer is the end-consumer, he/she has the choice of subsequent improvement or defect free access. Uplifter has the right to refuse replacement if this replacement causes disproportional expense and subsequent improvement does not pose considerable disadvantages for the consumer.
In case of failure of subsequent improvement, the consumer may principally demand reduction of sales price or reversal of contract (rescission).
7.2 Uplifter does not warrant that the product meets the specific expectations or requirements of the consumer.
Further, Uplifter neither warrants nor can be held liable for the product and its functions being in all cases compatible to the consumer’s hardware or software. It is the consumer’s responsibility to meet the necessary technical prerequisites for the use of the product.
Uplifter cannot be held liable for damages to the product or hardware/software owned by the consumer and resulting consequences which are caused by changes made to the product by the consumer or third parties. The same is true in case of improper handling, operation or treatment of the product by the consumer.
7.3 Uplifter cannot guarantee that the service is always accessible, particularly not with regard to technical delays that do not lie within the Uplifter domain. It is not guaranteed that the service requested by the customer is available at a specific time.
7.4 Should the Uplifter website or the account access link not be accessible, the customer can reach Uplifter with the following email address:
upliftersupport@uplifter.com
7.5 In the case where the customer has a claim for damages, the liability of Uplifter is limited to the compensation of the kind of damages which occurs typically and predictably.
Incidentally, further consumer claims which are connected to incorrect or defective delivery, breach of contractual secondary obligations regarding delivery, as well as any further liability due to negligent breach of obligation are excluded. This is independent of the legal ground or cause in law for the claim.
The above exclusion is not applicable in case of damage caused by intentional or negligent violation of the contract by Uplifter. Claims made by the customer according to the product liability law take precedence over the above limitation of liability.
Uplifter has the right to collect, save and process the customers personal data required for its business transactions according to the federal republic of Germany protection law (Bundesdatenschutzgesetz). Further details are described in the Uplifter privacy statement.
9.1 The law of the federal republic of Germany is applicable. The United Nations Convention on contracts for the international sale of goods is excluded, even if the order is made outside of Germany or the product is delivered to a destination outside of Germany.
9.2 In case that the customer is a businessman, legal entity or special operating asset, the place of performance and jurisdiction for all arising disputes related to deliveries or services provided by Uplifter is the domicile of Uplifter.
You may cancel your membership subscription at any time by contacting Uplifter/ the Core Consulting GmbH in one of the following ways:
per email:
send an email requesting the cancellation to upliftersupport@uplifter.com. You must supply us with sufficient information to identify your account such as your Uplifter user name and the email address used during the sign up and payment process.
in writing:
write us to
Uplifter
c/o Core Consulting GmbH
Maistraße 63
80337 München, Germany
You must supply us with sufficient information to identify your account such as your Uplifter user name and the email address used during the sign up and payment process.
10.1 Cancellation Period
All cancellations must be received by Uplifter at least 14 days prior to the end of the currently active subscription cycle.
Cancellation request which are received too late may not be honored, which may result in an additional charge to you.
10.2 Cancellation Fee
Uplifter will not charge a fee for the cancellation of your subscription.
10.3 Consequences of a Cancellation
After a successful cancellation, Uplifter will no longer charge you for membership services. Your account will remain active until the end of the paid for time period.
After your membership has run out, Uplifter may delete your account and all data associated with it. This includes, but is not limited to, your personal information, as well as your wordlists and self-concept keywords that you may have created.
Once an account has been deleted, its data can not be restored.
Uplifter does not issue refunds on paid for services.
In the case where one or more clauses of these terms and conditions are or become partially or entirely invalid does not affect the validity of rest of the terms.
2010 Uplifter, Core Consulting GmbH, Terms and Conditions V.1.0.