TERMS OF SERVICE

GENERAL TERMS OF USE FOR YOUSCRIM

Youscrim GmbH, represented by the managing director Dustin Zander (hereinafter referred to as “Youscrim”), offers interested parties the option to book coaching sessions in the videogames Overwatch and Valorant. These sessions can be bought, or customers can subscribe to these services.

(§1) SERVICES

Youscrim offers customers the opportunity to use services in the form of online coaching and support. Players can choose to pay for:

a) Personal short time based coaching sessions

b) Personal subscription based coaching sessions

c) Short coaching sessions for team environments

d) Subscription based coaching sessions for team environments

After successful purchase, the customer must contact Youscrim or the Coach at where the customer choosed to buy from. Customers have no say in how the service should be handled. They can still raise suggestions or concerns at any time. In addition, the customer is obliged to cooperate with the organization and the assigned coach in the best possible way in order to ensure that the service runs smoothly.

Youscrim also offers free Academy Teams where players can get a place within a team organized by Youscrim. The limited number of places within the teams will be communicated in advance, so it is clear that there is no automatic right to a place within a team. Youscrim reserves the right to transfer, rotate or remove members within the Academy teams for any reason. These moves will be communicated in advance by the assigned trainer or Youscrim.

All Youscrim Academy teams as well as their excisting members must be open to accepting new members. These new additions are well communicated in advance and only happen through general team acceptance. A new member can only be admitted after a trial training session has been carried out before.

(§2) PAYMENT AND BUYING TERMS

A client can look for a coach on our website. Moreover, a client will be able to view different coaches’ profiles. When a client enters a coach profile, a client will be able to see relevant information about the coach and can proceed to book a lesson by pressing the “BOOK NOW” button. The potential customer will then be redirected to the shopping cart where all items/sessions will be seen. To proceed the client must click on “Proceed to checkout”. Finally, the client will be directed to the checkout page to check if there should be any change before finalizing the order. There he or she must enter all necesarry information that are needed to create an valid invoice. Clients that are about to buy sessions, and not subscribe to them, can place an order without creating an account.

Once a client has paid for the lesson, an invoice will be sent to the client’s email and an order is created between the client and coach. The coach will receive the new order to communicate with the client through email or Discord. We highly suggest to join our Discord server to stay in close touch with our coaches.

After, the coach and the client will discuss a time to conduct the session and start the coaching session. The session may be conducted through Discord. When a coaching session is complete, the coach will mark the order as complete on the Youscrim website. 

(§3) OBLIGATIONS OF THE MEMBER

To use Youscrim services you must be 18+ of age or be of legal age according to the jurisdiction of the country you access our website from. If you’re less than 18 you are advised not to use our Service.

The customer undertakes to Youscrim not to publish any posts or send messages on the platform or in the forum, the content of which violates the rules of netiquette, these terms and conditions, common decency or applicable law. The members are required to maintain a polite tone with one another.

The customer undertakes to follow the house rules.

REPRODUCTION OF PERSONAL DATA IS PERMITTED TO MEMBERS ONLY WITH THE EXPRESS AUTHORIZATION OF THE PERSON CONCERNED. EACH MEMBER IS REQUESTED TO NOTIFY YOUSCRIM VIA THE CONTACT FORM IF MEMBER BECOMES AWARE OF A VIOLATION OF THE ABOVE.

(§4) AVAILABILITY OF THE PLATFORM

Youscrim operates the platform within the scope of its technical possibilities. The member has no right to error-free and uninterrupted use of the platform at all times or to a specific availability. Youscrim will make every effort to restore usability as quickly as possible in the event of a system failure.

(§5) LIMITATION OF LIABILITY

Youscrim is liable for damage to the member caused by Youscrim, its legal representatives, its executive employees or its vicarious agents and

– which are based on intent or gross negligence,

– which are based on injury to life, limb or health or

– which have arisen as a result of a breach of an obligation which is essential for the achievement of the purpose of the contract. In this case, liability is limited to the foreseeable damage typical of the contract.

Youscrim is also liable for damage to the member that is based on the violation of a guarantee given by Youscrim or on organizational fault.

In cases other than those mentioned in paragraphs 1 and 2, Youscrim’s liability – regardless of the legal basis – is excluded. Subject to paragraph 1, Youscrim assumes no liability for the contributions, news and ratings posted by members on the portal; for the offers and implementation of external services as well as for the content posted by partners and linked pages or for the fact that contracts concluded between partners and members are carried out in accordance with the contract.

Furthermore the Youscrim website and Services are provided “AS IS” and “as available” basis with no warranties of any kind. You agree not to rely on the website, website Services and any information in the website. Moreover, you acknowledge that your use of the Youscrim website and Services is at your own discretion and risk.

Youscrim makes no claims or promises with respect to any third-party, such as clients and coaches listed on the Youscrim website. 

Any legal claim related to a session or a coach must be directed against the coach of the session. You release Youscrim from any claims related to the session bought through our website.

In no event shall Youscrim be liable for any delay for delivering the Service if the delay arises from any cause that is beyond our control.

(§6) CREATING ACCOUNT AND RESPONSIBILITIES

A visitor can create an account on our website. An account is needed to buy subscription based services. Further features are seeing past bookings, manage subscriptions or change passwords.

When creating an account you warrant that you’re using one account only. Using multiple accounts or another person’s account violates Youscrim’s Terms of Service.

When you use our Services, you acknowledge that you’re responsible for maintaining your account password information confidential. We expect you not to disclose your password to any third party, and to immediately inform us of any not permitted use of your account.

We reserve the right to suspend, revoke your access to our Services if you provide incomplete, false information, or any conduct that violates our Terms of Service or other Terms.

By registering your account at WeCoach, you acknowledge that you’re responsible financially for the use of the Service, purchasing, or and delivering the Service. You also acknowledge that you will meet your obligations to any contract that you accept.

(§7) YOUSCRIM AS MEDIATION PLATFORM

When using the Youscrim Services, users must understand that Youscrim provides its platform for connecting coaches with clients. We do not endorse or act on behalf of any party, we only provide the platform for users.

• When you use Youscrim Services, you acknowledge that entering into a contract between a coach and a client does not create any relationship between Youscrim and the coach or between the client and Youscrim. You understand coaches do not represent the Company as they are exclusively independent contractors and are not employees or agents.
• The coach must provide his/her Service with reasonable care and skill, in a professional and timely manner as described, that fits the description.
• A coach must adhere to Terms of his/her agreement, to our Youscrim Terms of Service, other policies as well as to any applicable law to his/her obligations for providing the Service.
• The manner and means of providing the Services will be determined between the coach and the client.
• Requesting or providing contact information such as Skype, Discord, email, or any other personal contact details to communicate outside of Youscrim is not permitted unless the user has placed an order with the coach in contact.

(§8) PAYMENTS

Clients of WeCoach can use credit or debit card under Woocommerce payments, use Paypal or Klarna Sofort. When a client wishes to buy a subscription  it is only possible to use Woocommerce payment methods. The client pays upfront of the execution of the service. 

(§9) RIGHT OF CANCELLATION

As a Youscrim client, you have the right to cancel the Service within 14 days from the start of the contract and get your money back. A coach may wait 14 days after entering a contract with a client to provide the Service unless the client requests otherwise. In case the Service started within 14 days, the client has the right to cancel the Service, but client must pay up to the point of cancelation. If the Service started and finished within the 14 days of entering into a contract, the cancelation right is lost.

If you are a client that bought a subscription, you also have the right to withdraw from this contract within fourteen days without giving any reason. When canceling within the time period the client is protected by a money back guarantee. The cancellation period is fourteen days from the day the contract was concluded.

IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST LET US (YOUSCRIM GMBH, ADDRESS: IM MEDIAPARK 5, 50670 COLOGNE, GERMANY, E-MAIL: INFO@YOUSCRIM.DE) BY MEANS OF A CLEAR STATEMENT (E.G. A LETTER SENT BY POST, TELEFAX OR E- MAIL) OF YOUR DECISION TO CANCEL THIS AGREEMENT. YOU MAY USE THE ENCLOSED SAMPLE CANCELLATION FORM, BUT THIS IS NOT MANDATORY.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

SAMPLE CANCELLATION FORM

(If you want to revoke the contract with other means than online, please fill out this form and send it back.)

To Youscrim GmbH,
Address: Im Mediapark 5,
50670 Cologne, Germany,
Email: Info@youscrim.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 consumer(s) Address of consumer(s) Signature of consumer(s) (only if notification is made on paper)

date

(*) Delete where not applicable.