Terms and Conditions offline
General Terms and Conditions (GTC)
The following terms and conditions apply to contracts of
PALMTHERAPY-Academy GmbH
Ludwig-Greiller-Weg 16d
D-82496 Oberau
for training and further education as a psychological counselor – focus on PALMTHERAPY.
In addition to the general terms and conditions, the contract also includes the examination regulations. These contain specifications and conditions regarding the process and requirements for the training and examination.
- Applicable Law
(1) The law of the Federal Republic of Germany shall apply, excluding international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law, if
1.a) You have your habitual residence in Germany, or
1.b) have your habitual residence in a country which is not a member of the European Union.
(2) In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, without prejudice to mandatory provisions of the state in which you have your habitual residence.
- conclusion of the contract
(1) As an entrepreneur or freelancer (doctor, therapist, coach), you will receive further information on the training content, price and payment processing after a free consultation and qualification interview with us or one of our employees.
As soon as you have sent the order confirmation, received the course confirmation and paid the course fee, the contract is concluded and you will receive the access data to the e-learning platform for the training or further education.
(2) The General Terms and Conditions of PALMTHERAPY-Academy GmbH and PALMTHERAPY-Training apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized unless their validity has been expressly agreed to in writing or text form. These General Terms and Conditions also apply if PALMTHERAPY-Academy provides its services to the customer without reservation despite being aware of the customer's terms and conditions that conflict with or deviate from these General Terms and Conditions.
- Remuneration
(1) The costs of training or further education will be communicated during the consultation and qualification interview and with the information provided before the conclusion of the contract.
(2) The costs must be paid before the start of the training or further education.
- Withdrawal // Cancellation by the customer
(1) The customer may not withdraw from the contract before or after the start of training.
(2) Missed teaching units (whether registered for participation or unexcused absence) are at the customer's expense. There is no right to replacement or compensation. A missed teaching unit can be made up for a fee. If the training unit is not registered, it can be made up for a fee up to a maximum of one year after the end of the training or continuing education program.
- Withdrawal // Cancellation by the PALMTHERAPY Academy // Liability
(1) The training and continuing education relationship may be terminated by the PALMTHERAPY Academy at any time for good cause. In this case, the course fee will be refunded in whole or in part. No refund will be made in cases of force majeure or if no or incorrect information was provided regarding the conditions of participation, which were subsequently not met, for example, in the case of a personality disorder, mental or physical illness.
(2) The PALMTHERAPY Academy reserves the right to cancel or postpone lessons for important reasons (force majeure, illness, accident or other circumstances beyond its control) within a reasonable timeframe.
(3) Liability for slightly negligent breaches of duty is excluded to the extent permitted by law. This does not apply to intentional or grossly negligent breaches of duty, nor to injuries to life, limb, or health. Nor does it apply to breaches of duties whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (cardinal obligations). In this case, the claim for damages is limited to the foreseeable damage typical for the contract. The same applies to breaches of duty by vicarious agents.
(4) Cancellations or necessary changes will be communicated as promptly as possible. Program changes are expressly reserved, provided the training content is maintained. Minor changes to the training schedule or a reasonable relocation of the training location do not entitle the participant to a price reduction or withdrawal from the contract. Further claims are excluded. Any cancellation or rebooking fees for transportation or accommodation costs booked by the customer will not be reimbursed by the PALMTHERAPY Academy.
(5) The knowledge imparted is intended for healthy individuals. Customers who regularly take prescription or essential medication, particularly those with diabetes or heart disease, but also those with chronic illnesses, may only participate in in-person events after consulting their doctor. The customer hereby warrants that they do not suffer from any known physical impairments that would prevent them from participating. In case of doubt, the customer warrants that they will clarify this with a doctor of their choice in advance. If participation is possible after medical consultation with appropriate damage prevention measures, the PALMTHERAPY Academy will endeavor to make this possible, as long as the measures are reasonable. The customer is responsible for providing the PALMTHERAPY Academy with truthful and complete information, including the submission of appropriate certificates. Liability for damages resulting from failure to fulfill the above obligation is excluded.
- General provisions for training // Examination regulations
(1) All provisions and regulations, as well as further information regarding the basic structures of the training, are governed by the currently valid examination regulations of the PALMTHERAPY Academy. These regulations form an integral part of the contract.
(2) The customer has no right to a specific instructor. The PALMTHERAPY Academy ensures that each instructor is sufficiently qualified to convey the course content.
- General information on participation in training or further education
(1) Each course is a free, active, and self-directed process. A specific outcome cannot be promised, nor is it owed.
(2) The course is structured so that you can complete one module each week during the course period. Depending on your time, commitment, and personal approach, you can complete the course faster or slower. The training period begins on the day the course fee is paid and ends with the practical exam on an on-site weekend or on the annually scheduled final weekend. Access to the e-learning platform is available during the training period. The training director may extend the access period in individual cases at their discretion.
- Duration of training, termination / cancellation
(1) The term of the agreement begins upon submission of the order form, acceptance of the agreement, and payment of the corresponding course fee. It ends upon receipt of the respective final certificate (usually at the end of the practical training days), but no later than six months after the start of Part 1 of the training or ten months after Part 2, or upon extraordinary termination.
(2) The PALMTHERAPY Academy may terminate the booked training or continuing education course at any time for good cause, at its sole discretion and after notifying you. Upon termination, you will receive a partial refund of the costs. Your obligation to maintain confidentiality, the rights of use, and the rights of exploitation remain in effect even after the termination of the training or continuing education course.
(3) Should you fall behind on payments that are not merely insignificant (in the case of installment payments), PALMTHERAPY Academy reserves the right to immediately and permanently block all access (e-learning platform, live coaching calls, etc.) in whole or in part until all outstanding installment payments have been made by you. PALMTHERAPY Academy also reserves the right to terminate the contract with immediate effect. Any payments already made will not be refunded in this case.
In the case of consumers, this only applies if you have been given a reasonable period of notice, indicating the impending blocking or termination, and if the blocking and/or termination is reasonable for you.
- Terms of use and copyright PALMTHERAPY-Academy
(1) The content we provide is protected by trademark and copyright law. We have taken great care to select the content carefully and practically. This particularly applies to presentations, training materials, and content that may only be reproduced, distributed, or used for public reproduction or making available to the public with the written consent of the PALMTHERAPY Academy.
You may access and print the content of the e-learning platform within the scope of your purchase only for the purpose of treating your own clients and patients. Distribution to third parties is not permitted.
(2) All rights to the content provided, including the right of reprinting, translation, reproduction by photomechanical or similar means, storage and processing by computer, or distribution via computer networks, remain reserved – even in part – exclusively to PALMTHERAPY-Academy. You do not acquire any ownership or exploitation rights to the content.
(3) The use of the e-learning platform is limited to the period of the respective training.
(4) Recording of the seminars in sound, image or film is only permitted with the written permission of the PALMTHERAPY Academy.
(5) The customer does not acquire any rights to commercially use, copy, digitally reproduce, or otherwise make the content of the training and seminars, as well as training or information materials, accessible to third parties without the express written consent of the PALMTHERAPY Academy. The customer is prohibited from reproducing seminar content in whole or in part. Likewise, it is prohibited to make content or recordings of the seminars, training courses, or continuing education accessible to third parties, even in private or otherwise non-commercial areas (e.g., on social media platforms).
(6) If pictures or films are made at PALMTHERAPY-Academy training courses, the customer irrevocably and free of charge consents to PALMTHERAPY-Academy being entitled to create, reproduce, broadcast or have created, reproduced, broadcast and use in audiovisual media, including for the purpose of advertising training courses or events, for all media forms currently known and that will become known in the future.
- Your rights of use regarding PALMTHERAPY
Upon successful completion of the PALMTHERAPY training and/or continuing education course and signing the certification license agreement, you will receive the following usage rights. These are provided so that both patients/clients and all practitioners benefit.
PALMTHERAPY Terms of Use:
(1) As a certified graduate, you are free to apply all elements of PALMTHERAPY as part of your treatment with your client/patient.
(2) Events/lectures
At events, it is important to ensure that all images, texts, concepts, and ideas related to PALMTHERAPY are subject to approval. If approved, they must be clearly identifiable as the intellectual property of the PALMTHERAPY Academy.
(3) Lectures, workshops, seminars and all other events, regardless of whether they are free or chargeable, require written approval from the PALMTHERAPY Academy.
(4) The same applies to merchandising products (e.g. T-shirts, caps, posters, stickers, etc.)
(5) Domains, website, YouTube, Facebook and social media
It is expressly forbidden to use domains with PALMTHERAPY in the text, e.g. www.PALMTHERAPY-diesundjenes.com, PALMTHERAPYhamburg etc.
(6) If the participant/graduate wishes to register a domain (URL) or email address containing the name "PALMTHERAPY," the participant or graduate is obligated to obtain approval for the email address or domain name from the name holder prior to registration. Widespread URLs on the internet and in social media forums, such as www.PALMTHERAPY-france.com or www.xing.com/net/PALMTHERAPY-global-coach, impair the commercial freedom of all PALMTHERAPY therapists and coaches within the PALMTHERAPY community.
(7) Use your own name, logo, and branding everywhere. All profiles and presences must be clearly recognizable as yours.
(8) You are welcome to use the PALMTHERAPY logo and the "PALMTHERAPY – Certified" seal to promote the method and your certification. Just make sure to use your own logo as the official logo in all communication measures.
(9) You may use all publicly accessible texts on the PALMTHERAPY.eu website as a guide. Please do not copy any original text, as otherwise both your website and the PALMTHERAPY website will be penalized in search results. This is called "duplicate content." Rewrite your offer in your own words, observing the communication principles. We would be happy to assist you. Write to support@PALMTHERAPY.eu
Illustrations
(10) All illustrations from the teaching content of the PALMTHERAPY Academy or from publications by Moshè Zwang may not be published.
(11) We have our own license for all images we use. To use such images, unless they are the property of the PALMTHERAPY Academy, you must purchase a separate license. A list of royalty-free images can be found online.
(12) We will be happy to provide you with images that are the property of PALMTHERAPY Academy free of charge upon request.
(13) PALMTHERAPY treatments always take place at a high level of communication psychology, which is always responsibly implemented by the PALMTHERAPY therapist/coach in their work. This includes avoiding "dumping prices" and adhering to general price recommendations. This also includes avoiding dumping deals on so-called deal websites (e.g., www.groupon.de, www.dailydeal.com).
- Rights to videos, PDFs, learning materials, Excel files and Word documents
1) The files and materials may only be accessed (downloaded) and printed by you as a participant and solely for your own training purposes. Downloading and printing files is permitted only within this framework. Making the content available on publicly accessible platforms such as YouTube, etc., is also prohibited without the written consent of the PALMTHERAPY Academy.
Furthermore, all rights of use to the files and documents remain reserved. Therefore, the making of copies, files, or printouts for third parties, the distribution or forwarding of files to third parties, or any other use for purposes other than one's own study, whether for a fee or free of charge, even after completion of the training, requires the express prior written consent of the PALMTHERAPY Academy.
(2) The trademarks and logos listed on the materials are protected under the Trademark Act. As a participant, you are obligated to use the documents and files accessible to you only within the scope expressly permitted here or permitted by mandatory law, even without our consent, and not to encourage unauthorized use by third parties. This continues to apply even after your participation has ended.
(3) Forms of use permitted by mandatory legal provisions are, of course, exempt from this consent requirement. Until the course fees are paid in full, the materials remain the property of the PALMTHERAPY Academy.
(4) You are obliged to keep your special access data (user name and password) for individual use secret and not to pass them on to third parties.
- Cancellation policy for consumers
If the participant is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and the contractually agreed seminar is not merely a leisure activity within the meaning of Section 312g Paragraph 2 No. 9 of the BGB, he or she is entitled to a right of withdrawal for distance selling contracts, i.e. contracts that were concluded using exclusively means of distance communication such as letter, e-mail, telephone or internet.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must
PALMTHERAPY Academy
c/o Health Practice Christian Jäger
Wies 14
9042 memory
Phone: +41 44 586 53 19
Email: support@PALMTHERAPY.eu,
Internet: www.palmtherapy.eu
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs, promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify 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.
- Conditions of participation
(1) The PALMTHERAPY training participant confirms that they have completed professional training as an entrepreneur/freelancer. PALMTHERAPY is fundamentally an additional intervention tool for physicians, therapists, alternative practitioners, and coaches. It does not replace the qualification as a therapist or coach. Copies of proof of the continuing education requirements must be presented to the PALMTHERAPY Academy upon request. The certificate will only be issued to the participant under this condition. The certificate is only valid if it is confirmed by the PALMTHERAPY Academy's training director with a signature and seal.
(2) PALMTHERAPY is not a therapy, nor can it replace such a therapy, but rather a professional self-awareness and continuing education program. Participation in the training requires normal mental and physical health and resilience. The participant affirms that they are in good physical and mental health. Should the training director have justified or unjustified doubts, a medical certificate or a corresponding psychological assessment must be submitted upon request.
(3) Upon completion of the training, each client (even without prior knowledge) undertakes to strictly observe the legal principles taught in the course, including the national law applicable at their place of residence and business, and to always use the client instruction (client information) provided during the course with their clients. The client instruction is an integral part of the training contract, and the associated obligations are ancillary to this contract.
(4) If a customer who is not a naturopath, physician, or member of a legally recognized medical profession fails to comply with this obligation, they hereby confirm that they have informed themselves of all legal consequences that may arise under their national law and that they will bear these consequences under their own personal responsibility. To the extent that third parties assert claims against PALMTHERAPY-Academy as a result of this, the customer fully indemnifies PALMTHERAPY-Academy.
(5) The training does not guarantee authorization to practice medicine. The customer undertakes to comply with the legal requirements applicable to their location, including with regard to practicing medicine, and to only practice medicine if they have sufficient sovereign authorization to do so. To the extent that third parties may have claims against the PALMTHERAPY Academy arising from this, the customer fully indemnifies the latter.
(6) The PALMENERGETICS offering does not constitute activities regulated by the Austrian Medical Practitioners Act of 1998, the Psychologists Act of 2013, or the Psychotherapy Act, nor does it constitute life and social counseling within the meaning of Section 119 of the Trade Regulation Act (GewO). The PALMENERGETICS method offered does not constitute a substitute for diagnosis and therapy by a physician, psychologist, or psychotherapist, nor does it replace consultation with a life and social counselor, if indicated.
(7) Data is collected in the context of contact contract initiation, contract processing, and company administration. This is done in accordance with the requirements of the General Data Protection Regulation (GDPR). Information on the type and scope of data processing, as well as your rights in this regard, can be found in our privacy policy, which is available online at https://PALMTHERAPY.eu/datenschutz/ or is attached to these Terms and Conditions.
- Professional practice and practitioner finder (therapist directory)
Legal notice / disclaimer regarding our Practitioner Finder
“In the PALMTHERAPY® training, participants learn various interventions, such as the stimulation of the palms and fingers with and without conversation.
Various therapeutic professions such as doctors, alternative practitioners, midwives, but also therapists or psychotherapists can learn the techniques that suit their respective professional profile.
How the acquired knowledge and techniques are used by the training participants depends on the different needs and professional legal framework.
Each graduate uses the interventions taught by the PALMTHERAPY Academy independently, within the framework of his or her professional profile and professional law.
Healthcare professionals use the techniques independently within the scope of their therapeutic authority.
With the appropriate interventions, non-medical professionals only treat emerging well-being disorders such as inner tension, pressure or stress.
When treatment is provided by non-medical professionals, neither treatment of illness nor examination or diagnosis in the medical sense takes place.
The experiences with PALMTHERAPY® have been described as astonishing and convincing. However, PALMTHERAPY® represents only a complementary approach to self-awareness and, despite the English name ending -therapy, should not be confused with therapy or medical or psychotherapeutic work.
PALMTHERAPY® is in no way a substitute for diagnosis or treatment by a doctor or alternative practitioner. PALMTHERAPY® is neither psychotherapy nor medical treatment.
In principle, no promise of healing or success is given.
The content of our website has been created with the utmost care. However, we cannot guarantee its accuracy, completeness, or timeliness.
- Choice of law, place of performance, place of jurisdiction, final provisions
(1) The law of the Federal Republic of Germany shall apply to these Terms and Conditions and their implementation, unless this would affect consumer rights.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, Garmisch-Partenkirchen shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Amendments and additions to the contract must be made in writing. This also applies to changes to this provision regarding the requirement of written form. 9.4 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at the following link:
http://ec.europa.eu/consumers/odr
The PALMTHERAPY Academy does not participate in arbitration proceedings before a consumer arbitration board. However, the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG) requires us to nevertheless refer you to a consumer arbitration board responsible for your case.
This would be:
General Consumer Arbitration Board of the Center for Arbitration e. V.
Straßburger Str. 8
77694 Kehl
Phone: +49 7851 79579 40
Internet: www.verbraucher-schlichter.de
