Terms of membership
General Terms and Conditions of Membership[1] with Atomy Europe GmbH, legally represented by the Managing Director Uiseong Hong, Kölner Straße 12, 65760 Eschborn.
– hereinafter “Atomy
Preamble
These Terms of Use are a legal agreement between the Member and Atomy. They apply to the provision of Atomy’s remuneration and the use of Atomy’s content platforms, websites, applications and services, provided that the Member meets the requirements for membership. Access to the services provided by Atomy implies that the Member has accepted these terms, otherwise access will not be granted.
Data protection
Atomy collects, processes and uses the member’s personal data, in particular the contact details for processing the membership application, including the e-mail address, if you provide us with this. The information also includes information about the member’s address. This is done for the purpose of processing the contract, Art 6 (1b) DSGVO. Details can be found in the privacy policy.
1. Definitions
1.1 “Application” means an application by an Applicant to become a Member;
1.2 “Applicant” means a person who applies for membership of Atomy;
1.3 “Remuneration Plan” means the remuneration system described in Clause 8.3;
1.4 “Member” means an Applicant who is successfully accepted by Atomy as a Member of Atomy
1.5 “Sponsor ID” means the Sponsor ID assigned to a Member;
1.6 “Sponsor Member” means a Member who refers an Applicant to Atomy.
2. Minimum age
To use Atomy services, the member must be 18 years of age or older
3. Membership requirements
The following criteria must be met cumulatively by an applicant to be eligible for Atomy membership:
the applicant must be a natural person;
the applicant must have been invited by another member who is a member of Atomy at the time of application;
the applicant must be at least 18 years old;
the applicant must have submitted a complete Atomy membership application form online via the Atomy website.
the applicant must not be an officer or employee of Atomy, its subsidiaries or affiliates;
the applicant must not be the legally married spouse of another Atomy member; and
the applicant must not apply for membership for the purpose of using the benefits and privileges provided by Atomy as a primary source of income.
4. Acceptance of membership
Membership is acquired by admission (= acceptance of the membership application). There is no entitlement to admission. Atomy has the unrestricted right to accept or reject any application at its own discretion. The rejection of admission does not have to be justified. There is no right of appeal against the refusal of admission.
5. Joining & Beginning of membership
The applicant becomes a member when the application for membership is accepted by Atomy via email and the sponsor ID is provided to the applicant. Until the membership application is accepted, the applicant is not entitled to purchase and broker Atomy services and products. Access to the Atomy website immediately after registration does not mean that an application has been accepted, nor that an application is being considered for inclusion.
6. Duration of membership
The Membership Term shall commence on the date of verification of the Membership by Atomy in accordance with Clause 5 (the “Verification Date”) and shall be for a period of twelve months from the Verification Date. If, after the expiry of the Term, the Member both in accordance with sentence 1 continues to meet the requirements for membership in accordance with item 3, as well as has purchased at least one Atomy product with PV during the term or extended term, the term of membership shall be extended for a further year at a time. The extended term is subject to the terms and conditions of the General Terms and Conditions as amended from time to time. In case of non-fulfilment of the aforementioned requirements, membership shall end upon expiry of the term. The member is not obliged to recruit or recommend other members for the maintenance of membership.
7. Membership fee
Membership of Atomy is free of charge.
8. Member benefits
8.1 Access to Atomy products
The Member will have access to the Atomy Member Area of the Atomy Website from the Verification Date and will be able to purchase the Atomy Products offered there. The selection of products available for purchase is at the discretion of Atomy and may be changed from time to time.
8.2 Member becomes sponsor
Upon acceptance of his membership application, the Member will receive a Sponsor ID from Atomy, which he will need to purchase Atomy Products on the Website. Without this sponsor ID, it is not possible to purchase Atomy products.
At the same time, the Atomy member has the additional opportunity to earn entrepreneurial income as an independent sales partner (so-called “sponsor”) through the distribution of Atomy products by participating in the Atomy remuneration system. In the course of his sales activities, the member can sell Atomy products to end consumers in his own name or refer new members to Atomy.
As an independent business owner, the member has no legal obligations to Atomy to perform activities. Rather, the sponsoring member decides for himself/herself, freely and on his/her own responsibility, where, in what manner, at what time and to what extent he/she wishes to work for Atomy in this context. There is no obligation to follow instructions, but we hope that the member will act with good will.
As an independent business owner, the sponsoring member shall bear all costs associated with its business itself and shall be responsible for fulfilling all legal obligations arising from its activities (business registration, income tax, value added tax, competition law, social security law).
The Member expressly affirms that any sales activity as a sponsor of Atomy during the entire term of membership is only a secondary occupation and that any earnings generated through the remuneration system do not constitute the Member’s main source of income. In addition, the Member confirms that he/she does not intend to make any earnings from the Compensation Scheme his/her principal source of income. Should this change, or should the Member determine that income from the Compensation Scheme is his or her primary source of income, he or she shall immediately notify Atomy. In this case, the conditions of membership pursuant to clause 3 are no longer met.
8.3 Compensation plan
The requirements to participate as a sponsor/distributor in Atomy’s remuneration scheme are that:
– the member has purchased Atomy products and accumulated over 10,000 PV.
– the member has recruited two other members who have in turn become Atomy members.
– the sponsor IDs of the two recruited members are linked to the sponsor ID of the member and
– the two referred members have both purchased at least one Atomy product.
The conditions and amount of the remuneration are set out in the Atomy remuneration plan, which can be accessed by the Member at any time in the version applicable at the time of placement. Atomy is entitled to make changes to the compensation plan, in particular Atomy reserves the right to change the compensation plan with regard to the following parameters:
– changing the way commissions, rewards or points can be earned or redeemed;
– Addition, deletion, forfeiture or suspension of commissions, bonuses or points in whole or in part.
Atomy will only make these changes for valid reasons, in particular due to new economic developments, changes in case law or other equivalent reasons. If the amendment significantly disturbs the contractual balance between the parties, the amendment shall not be made. These amendments shall be offered to the member in text form no later than six weeks before the proposed date of their entry into force. The member shall be deemed to have given his or her consent if he or she has not indicated his or her rejection in text form before the proposed date on which the amendments are to take effect. Atomy shall specifically draw the member’s attention to this fictitious approval in the offer.
The sponsor is responsible for ensuring that all members recruited by him/her use his/her sponsor ID so that a linkage of sponsor IDs can be made. Atomy is not liable for any incorrect information provided by the recruited member.
Benefits shall be provided as set forth in the Compensation Plan. These benefits, commissions and bonuses are not transferable among Members or to third parties. The Sponsor may only receive the benefits set forth in the Compensation Plan during the term of the Agreement and during the Sponsor’s current membership with Atomy. Benefits under the Compensation Plan are not the property of the Sponsor and cannot be claimed as the property of the Sponsor. The benefits specified in the Member Account are a reward provided to the Sponsor for such purchases and referrals associated with his or her Sponsor ID. Benefits provided by Atomy are to be accepted as provided by Atomy. They are not convertible or exchangeable into cash payment without the express written consent of Atomy.
The remuneration is settled by Atomy on a monthly basis. Payment shall be made no later than the 20th of the following month. In deviation from § 87a I of the German Commercial Code (HGB), the sponsor member’s entitlement to commission shall arise upon payment of the goods by the other members linked to the sponsor ID. If the monthly settlement of the remuneration results in an amount of less than € 5.00 net, no payment shall be made and the claim shall lapse.
Invoicing shall only include VAT if the member has previously informed Atomy in writing, stating his tax number and the relevant tax office, that he is entitled to deduct input tax.
8.4 Duties of the member
The Member shall not be required to solicit or recommend the maintenance of membership and there shall be no requirement for the sale of recommendations and the Member shall not be required to perform work of any kind.
When acting as a sponsor, the member undertakes to
– to act at all times as an independent and autonomous distributor and to avoid at all costs the appearance of being an employee of Atomy or being authorised to make statements on behalf of Atomy;
– any statements about Atomy and the Atomy Products in accordance with Atomy’s specifications, in particular in accordance with the product instructions, technical information or instructions for use as stated on the product packaging and/or in the accompanying documentation;
– deal ethically, honourably and fairly with customers of Atomy Products and provide truthful, complete and accurate information to potential customers in a professional and courteous manner and in accordance with the product instructions, technical information or directions for use as stated on the product packaging and/or accompanying documentation;
– advise customers of all necessary precautions to be taken before using Atomy products and services and to provide them with truthful, complete and accurate information. In no event shall the Sponsor Member attribute any therapeutic or curative effect to Atomy products;
– not to make any changes to the Atomy Products or their packaging and not to allow third parties to make such changes. The affixing of an address label with the sponsor’s address data on packaging is permissible as long as this does not overlay any advertising statements or product information;
– to comply with all laws of the country in which it is located in general promotional activities and the solicitation of new members;
– to remain current and comply with Atomy’s policies available through the Member Portal and all other requirements, documentation and obligations of Members at all times and as specified by Atomy from time to time;
– keep strictly confidential the pricing policy and other member information relating to products and services made available to members on the Atomy portal of the website;
– to inform Atomy immediately of other members’ breaches of these Terms of Use.
– Membership terms and conditions not mentioned here are governed by Atomy Korea (HQ) rules unless they contradict Atomy EU terms and conditions.
9. Use of the website
The Member is responsible for his/her own access and use of the Atomy Services and accepts the following terms and conditions:
Once the member has created a member account with Atomy, they can use the website to search, view content and products; use of the Atomy Website, Products and Services is for personal use only and may not be used for any purpose other than as set out in these Terms of Use; and the Member acknowledges that their Member Account is not a secure data store for important information they wish to retain. Atomy reserves the right to delete content stored on the Atomy website at any time and without notice. If the Member wishes to protect their content, they must take other measures to ensure secure storage of their content.
10. Availability of the website
Atomy does not guarantee the continuous availability of the website or the products offered on it.
In addition, only users who are authorised to use our Services may use them, and Atomy reserves the right to restrict or terminate anyone’s access to and membership of the Services without limitation.
11. Automated access
Any automated access is also subject to these Terms of Use. Automated software may not access the Website until the person responsible for automated access has accepted these Terms of Use. Any attempt to obtain automated access is subject to these Terms of Use.
12. Prohibited acts by members
Prohibited acts
Atomy prohibits the use of the Atomy Website, its products and services and its intellectual property in any manner other than as expressly permitted by Atomy in these Terms of Use. Atomy may suspend, terminate or delete the Member Account immediately and without notice if:
the Member allows itself to be promised a fee by potential Atomy Members in return for sponsoring or supporting a membership application, as well as allowing itself to be promised a fee for training or information for a potential Member on Atomy’s products and services, tickets or invitations to attend seminars, meetings or other information events;
the member deceives Atomy and, under certain circumstances, other members about the personal data he or she has provided in his or her membership application;
the member attempts to register more than one membership with Atomy under a different identity, including a business name or company name;
the member registers or applies for Atomy membership on behalf of another person without that person’s express written consent;
the member registers his/her spouse as a separate membership application;
the member misrepresents or misleads Atomy products, services or membership benefits to any third party;
the member discloses confidential information about Atomy products or services to non-members who are not authorised to promote Atomy products without first obtaining Atomy’s express written consent;
the Member uses Atomy’s trademark, logo or other intellectual property in a manner not expressly authorised by these Terms of Use;
the Member, sells or attempts to sell Atomy products or services in a manner that is not through the official Atomy website (or other official Atomy forum). Prohibited methods of sale include, but are not limited to, non-Atomy approved and official websites or online forums such as bidding or auction sites (such as www.ebay.com), social media forums (such as Facebook, Twitter, Instagram, Snapchat, etc.) and other websites such as Amazon or other similar websites; social smart device applications (such as Kakao Messenger, Wechat, WhatsApp, Viber, Facebook Messenger, etc.); blogs or websites owned or controlled by the Member, including business or corporate websites; retail sales environments such as shopping malls, markets, pop-up stalls or shops, street vendors, public areas (such as public streets or car parks) or other similar locations; personal residences such as the Member’s home, the home of a family member or friend; and
soliciting on websites not approved by Atomy to host products or services or Sponsor IDs for display, publication or sale, or instructing any other party to do so on behalf of the Member.
the member stalks, harasses, threatens, defames, abuses, racially or sexually vilifies, bullies or harms another person or a member of Atomy;
the Member enters into unauthorised transactions or illegal transactions of any kind including transactions between Members;
competing products sold to current or potential Atomy customers;
during the term of this Agreement and Membership, applies for or accepts membership in, or seeks to become a member of, another multi-level marketing company that is in a competitive situation with Atomy. A competitive situation exists if the other multi-level marketing company sells products that belong to the same range of categories as the products sold by Atomy and there is potential competition from the customers’ point of view;
the Member advertises to Members or consumers for the purchase of products in a manner which may reasonably be regarded as coercive or unduly pressurising, or in a manner which does not constitute genuine advertising for the sale of products or services for the predominant purpose of consumption;
the Member declares that the purchase of Products is necessary to become a Member of Atomy or to receive information about Atomy’s products and services;
the member makes or attempts to make a change of sustaining member without the express written consent of Atomy;
the Member switches or attempts to switch membership to another Atomy centre in order to obtain products or services similar to those offered by Atomy without Atomy’s prior written consent;
the Member solicits or attempts to solicit customers or Members or potential customers or Members who have been introduced to Atomy by another Member or they include the distribution lines of another Member;
the Member posts the Member’s Sponsor ID on personal websites, internet-based applications, social media applications, social media websites or other media forums, including newspapers, magazines, television and radio;
the Member alters, modifies or redesigns Atomy’s products or services (including packaging, accompanying information and instructions) in any way (including attempted alterations, modifications or redesigns) without Atomy’s prior written consent
the member does not publicly advertise or post invitations to meetings, invitations where anything can be learned about Atomy and its products and services.
13. Intellectual property
13.1 Meaning of “Intellectual Property”: Intellectual Property means all copyrights,
Trademark rights, logos, patent rights, design rights or other intellectual property rights existing or created during the development of the Products, the Atomy Website and the Atomy Business, and the Trademarks and all advertising and promotional materials provided to the Member, including software, confidential information, source and object codes, scripts, records, documents, advertising and promotional materials, media content, specifications, plans, program listings, calculations or drawings, and any confidential information necessary for or that may be used in connection with the administration, operation and marketing of the Atomy Products and Services.
13.2 The Member agrees that all rights in and relating to the intellectual are owned and remain under the control of Atomy and that the Member does not acquire any right, title or interest in the Intellectual Property.
13.3 The Member may:
not register the Intellectual Property without Atomy’s prior written consent;
not use the Intellectual Property without Atomy’s prior express written permission and in no event use the Intellectual Property to hold yourself out as an “official” representative (or agent in any other similar capacity) of Atomy;
not make any changes to the intellectual property;
not use the Atomy brand name or any derivative of the words that make up the Atomy brand name in the Member’s business or personal domain names;
not use the Intellectual Property beyond the termination of these Terms of Use or the Membership and shall cease doing so upon Atomy’s immediate request;
not alter the design, appearance or characteristics of products or services, packaging, advertising or marketing materials;
not register or attempt to register a business or company name that contains the word Atomy or any combination of words that indicates an association with or is similar to Atomy;
not reproduce any printed material or audio or visual recordings produced by Atomy, in whole or in part, without Atomy’s prior written permission. These materials are protected by copyright and form part of the intellectual property, whether registered or not, and are considered the property of Atomy.
14. Confidential information
14.1 “Confidential Information” means:
the ideas, techniques, systems, processes, trade secrets, designs, inventions, methods and procedures developed by Atomy;
all information about Atomy relating to its business and business processes, including financial information, accounts, financial records, customer records, business plans, pricing, customer lists and all related information; and
all reports, proposals, memoranda, drawings, diagrams, statements, accounts and other documents prepared in the course of the member’s membership.
Information that is already in the public domain at the time of commencement of membership or that later enters the public domain lawfully and without breach of a confidentiality obligation is not confidential information.
14.2 The Member agrees that:
it will not use the Confidential Information to operate or establish a business or to assist another to establish or operate a business similar in concept, design or execution to Atomy’s business without first obtaining Atomy’s written consent;
it will not disclose the Confidential Information to any third party without Atomy’s prior written consent;
it will take all reasonable steps to ensure the security and integrity of the Confidential Information so that it is not disclosed to any unauthorised party;
return, upon Atomy’s request, any confidential information provided to the Member by Atomy in connection with the Membership and these Terms of Use
14.3 Previous obligations under 14.2 shall continue to apply after termination of these Terms of Use.
15. Relationship of the parties
The Member agrees that:
if the Member actively promotes Atomy in order to receive benefits under the Compensation Plan, he/she does so as an independent contractor and is responsible for his/her own business affairs, including but not limited to:
establishing customer contacts and maintaining its own customer information;
the definition of one’s own goals, strategies and time planning;
the procurement, insurance and use of any necessary equipment, products or services; uniforms or other suitable clothing;
all expenses related to operating costs, licences, insurance and other incidental expenses; and
the payment and settlement of all applicable Taxes, including any VAT liabilities or payments and Taxes related to the receipt of compensation plans, commission payments or other benefits (“Taxes”). The Member shall indemnify Atomy in respect of all such Taxes;
that the relationship between Atomy and the Member is not that of partner, principal and agent, employee, franchisee, joint venture, security holder, trustee or beneficiary. For the avoidance of doubt, the Member’s relationship with Atomy is not exclusive and the Member is free to be employed, engaged or interested in any other business except in the limited circumstances where to do so would be contrary to the express terms of this Agreement and in particular Clauses 12; and
that it has no authority, directly or indirectly, or through its servants or agents (if any), to bind Atomy to any customer or other third party or otherwise to enter into or negotiate or attempt to enter into any binding relationship for or on behalf of Atomy.
16. Disclaimer for information
The Member agrees that:
the information and statements are not intended to diagnose, treat, improve, cure or prevent any disease, ailment or health problem or physical goal. All information contained on the Atomy website, including information about medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form and must be obtained and used or consumed in consultation with a physician or professional health care advisor;
professional advice is required for each and every illness, infection, injury or other medical or health condition, and for dosages or instructions for use relating to any health-related product or service offered for sale on the Atomy website. This information is not to be construed as medical advice. Members must consult with their physician before purchasing and using any product or service offered on the Atomy website;
the information contained on the Atomy Sites is not intended to be, and should not be construed as, a substitute for professional medical or health advice or for information contained on or in product packaging or labels. The Member represents and warrants that he/she will always seek the advice of his/her pharmacist, general practitioner, other physician or qualified health care provider when starting any new medical treatment, nutrition plan, diet, use of any product, physical exercise or activity, continuing any medical treatment, or if he/she has any questions about his/her medical or physical condition or that of any other person. NOTHING CONTAINED IN THE SERVICE OR ON THE ATOMY WEBSITE IS INTENDED TO BE, OR SHALL BE CONSTRUED AS, MEDICAL DIAGNOSIS OR TREATMENT, OR AS HEALTH AND WELLNESS ADVICE OR INFORMATION, OR THAT THE USE OF ANY PRODUCTS AVAILABLE ON THE ATOMY WEBSITE IS SAFE FOR HIS OR HER PERSONAL USE;
Atomy does not guarantee that any particular or beneficial result will be achieved through the use of Atomy Services, the purchase of Atomy Products or the promotion or referral of customers to become members and purchase Atomy Products;
he/she will immediately contact his/her independent physician if the Member experiences any adverse, harmful, negative or worrying changes in his/her physical, mental or emotional health after using Atomy services and products;
the testimonials shown on the Atomy website do not necessarily reflect the results that the member may achieve. Results may vary and the member’s experience may not be comparable to the user reviews.
17. Exclusion and limitation of liability
Unless otherwise provided in this Member Agreement, including the following provisions, Atomy shall be liable for breach of contractual and non-contractual obligations in accordance with the statutory provisions.
Atomy is liable for damages – irrespective of the legal grounds – within the scope of fault liability in the event of intent and gross negligence. In the event of simple negligence, Atomy shall only be liable, subject to statutory limitations of liability (e.g. due diligence in own affairs; insignificant breach of duty), for
for damages resulting from injury to life, body or health,
for damages arising from the breach of an essential contractual obligation (obligation the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on); in this case, however, Atomy’s liability shall be limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability arising from the above also apply to third parties and to breaches of duty by persons (including in their favour) for whom Atomy is responsible under statutory provisions. They do not apply insofar as a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed and for claims of the Purchaser under the Product Liability Act.
Liability for the delivery of Atomy products and services Atomy’s liability in connection with the supply of Products and/or Services is governed by the General Terms and Conditions for the Sale of Products.
18. Reputation and discredit
The Member shall at all times conduct itself in a manner consistent with the laws of the country in which it resides or conducts its business.
The Member shall not conduct itself in a manner that risks bringing Atomy into disrepute in the public eye and the Member shall endeavour to conduct itself in a manner that presents a positive image for Atomy and its products and services;
The Member shall not in any manner, whether written, oral or otherwise, disparage, slander, defame or otherwise criticise Atomy or any of its directors, officers, employees, agents, Atomy products or Atomy services.
19. Suspension of rights, membership or benefits
Atomy may suspend or modify any right or benefit associated with membership in Atomy that the Member has under these Terms of Use (e.g., purchase of products and use of services, referral rights, suspension of rights granted under the Compensation Plan, non-payment of Compensation Plans, non-award of Compensation Plan points, or cancellation or suspension of bonus payments or awards, etc.) for good cause, such as new economic developments, changes in case law, or for equivalent reasons.), suspend or amend them if this is necessary due to a valid reason such as new economic developments, changes in case law or other equivalent reasons. If the amendment significantly disturbs the contractual balance between the parties, the amendment shall not be made. Such amendments shall be offered to the member in text form no later than six weeks before the proposed date of their entry into force. The member shall be deemed to have given his or her consent if he or she has not indicated his or her rejection in text form before the proposed date on which the amendments are to take effect. Atomy shall specifically draw the member’s attention to this fictitious approval in the offer.
20. Termination & Expiry of the Membership Agreement
The following provisions of these Terms of Use are fundamental to the relationship between the Member and Atomy, and any breach of these provisions shall be deemed a breach of the Terms of Use (for the avoidance of doubt, this list is not exhaustive and Atomy may consider that a breach of any other provision of these Terms of Use also constitutes a breach):
(a) Clause 3 (Eligibility);
(b) Clause 5 (Membership Access);
(d) Clause 12 (Prohibited Acts of Members);
(e) clause 13 (Intellectual Property); and
(f) Clause 14 (Confidential Information).
If the Member breaches any of the conditions set out in clause 18, Atomy shall be entitled, in addition to any other rights and remedies Atomy may have, to suspend or terminate the Member’s Membership immediately and without notice.
The Member agrees that Atomy may terminate the Terms of Use and any Membership of a Member for any reason upon fourteen (14) days’ prior written notice.
Atomy agrees that a Member may terminate its Membership and these Terms of Use for any reason by sending Atomy a letter of termination by email to or as specified by Atomy from time to time. Termination of membership shall be deemed accepted at the time of receipt by Atomy.
Upon termination or expiry of the Membership and/or these Terms of Use, the Member agrees that:
the referral rights granted to the Member under this Agreement shall lapse;
any Member benefits, bonuses, points, awards, prizes or other items specified in the Compensation Plan (as provided and updated by Atomy from time to time) are immediately no longer redeemable or may be reclaimed by the Member in any manner;
all rights and licences of the Member to use the Intellectual Property (including the Brand Name, Trademarks and Confidential Information) shall revert to Atomy without Atomy having to do anything else;
it will no longer use or display the Intellectual Property or anything that imitates or is deceptively similar to the Intellectual Property of Atomy in any way; and
it will cease to use confidential information; and
shall do all things necessary (including the execution of all documents) reasonably requested and necessary or desirable by Atomy to give full effect to the Member’s obligations at the end of this Agreement.
Termination or expiry of the Membership and/or these Terms of Use or suspension of the Membership in accordance with these Terms of Use shall not affect the Member’s rights in respect of any Products purchased by the Member from Atomy prior to such termination, expiry or suspension.
21. Changes to the GTC
Atomy reserves the right to change these Terms of Use and its policies whenever Atomy, in its sole discretion, deems it necessary. We will notify our members of these one month in advance.
22. Non-assignment clause
Member may assign its rights, benefits or obligations under these Terms of Use only if Member’s legitimate interests in the assignability of the right outweigh Atomy’s protectable interest in the exclusion of assignment and written consent has been given by Atomy. Atomy may assign its rights or obligations under these Terms of Use without restriction.
23. Severability clause
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall not be affected thereby. However, this shall not apply if adherence to the contract would constitute an unreasonable hardship for one party.
24. Electronic communication
Communications between Member and Atomy will be made electronically, whether or not Member visits the Site or Atomy’s Services or emails Atomy, or Atomy posts notices on the Site or as part of its Services, or communicates with Member via email. Member hereby consents to receive communications from Atomy in electronic form and agrees that all terms, conditions, agreements, notices, disclosures and other communications that Atomy provides to Member electronically satisfy any legal requirement that such communications would satisfy if made in writing. The foregoing shall not affect the legal rights of the Member.
25. Governing Law and Disputes
These Terms of Use of the Parties shall be governed by the laws of the Federal Republic of Germany.
[1] For ease of reading, the masculine form has been used in the wording of this membership agreement. Atomy assures that all members (m, w, d) are treated in a non-discriminatory and equal manner.1 For better legibility of this Membership Agreement the masculine formulation was chosen. Atomy assures to treat all male and female members (m, f, d) are treated equally and in a non-discriminatory way.