General Terms and Conditions
To use https://yogaroundu.com websites and applications
Table of Contents
1. Preamble
2. Scope of the General Terms and Conditions
3. Participation/membership
4. Purchase and payment of services
5. Copyright/ unauthorized use of content
6. Health conditions
7. Communication with the entrepreneur
8. Higher Power
9. Exceptions to liability
10. Technical conditions and instructions
11. Scope of the General Terms and Conditions
1. Preamble
1.1 The website and applications of YogaroundU, located at Clemont-Ferrand-Alle 24A, Regensburg 93049 (hereinafter also referred to as the website) is the vehicle for providing yoga classes of various types and levels, as well as other online services (workshops, conferences and master classes) all also referred to as services.
2. Scope of the General Terms and Conditions
2.1 These General Terms and Conditions govern the use of the Platform and the Applications that mediate the relationship between the User and the Instructor for the purpose of providing yoga classes.
2.2The General Terms and Conditions regulate the rights and obligations of the parties arising from the provision of access to the paid part of the https://yogaroundu.com website (also referred to as an intermediary agreement) concluded between YogaroundU and the User. Hereby undertakes to allow the User to enter into a contract with an Instructor, a person who provides yoga classes and related services referred to in Article 1.1 through YogarounU's platform and applications.
3. Participation / Membership
3.1 The User must be at least 18 years of age.
3.2 Both registered and non-registered users can access the online offer of https://yogaroundu.com. The login process for the online services is the same.
3.3 The User without registration logs in via the "No registration" button to the published services (according to Article 1.1 of the General Terms and Conditions).
3.4 Based on the User's registration on the Website, the User can access his/her User Account and register for individual Yoga classes as published on the Website through the User Account.
3.5 Access to the user account is protected by name and password. The user is obliged to maintain confidentiality regarding the information necessary to access his/her user account. The user is not entitled to allow third parties to use the user account.
3.6 The Registered User is not entitled to transfer, lease or assign his/her account himself/herself or through a third party.
4. Purchase and payment of services
4.1 The User is obliged to pay for the services provided the fee stated in the price of the lesson published on the website. The price of the lesson is determined by the respective instructor. The prices are in EUR including VAT.
4.2 If the User pays the price of the Service in another currency, he/she is obliged to pay an amount which, when converted, corresponds to the price of the Service in EUR stated on the Website. The payment details are set out on the Website.
4.3 The price for the services shall be paid in advance.
4.4 We currently offer payment via: PayPal or credit card
4.4.1 When paying via PayPal, you will be transferred to the Online Provider's website. This is done as standard via the transfer to PayPal website. When using PayPal, registration is required. Through the access data, the payment order will be confirmed and authorized. After booking, the PayPal payment will be made. This procedure follows immediately and automatically. PayPal payment fees are borne by the user.
Further details on data protection here: https://www.paypal.com/myaccount/privacy/privacyhub
4.4.2 If you pay by credit card, the exchange rate charges on the date of booking will be charged to the credit card. Payments by credit card are only made on account of the performance. The cost of the chargeback by direct debit shall be borne by the user. The same applies to the costs incurred if the payment is refused by the credit card company.
Further details on data protection here: https://stripe.com/en-de/legal/privacy-center
5. Copyright / Uso no autorizado de los contenidos
5.1 All contents of the website and their use, in particular images, texts and page layout and their use are protected by copyright.
5.2 The User is not entitled to use the Website himself or through a third party.
5.2.1 copy, process or modify the content of the website or software.
5.2.2 link the website or software to other software.
5.2.3 website or software decode, decompile.
5.2.4 remove any copyright, proprietary rights or similar designations from the Software, or associate it with other works of authorship.
6 Health instructions
6.1 It should be noted that not all services, especially Yoga classes, are intended for all participants. In order to reduce the risk of injury, the body should not be overloaded, and complex movements should not be performed.
6.2 In case of health problems during the provision of our services, especially during Yoga classes, the participant is obliged to interrupt the activities and inform the Yoga teacher. Other possible restrictions for women are pregnancy and menstruation.
7 Communication with the service provider
7.1 The User is entitled to use the services provided by the Instructor through the platform and applications of YogaroundU in accordance with applicable law and good morals. The User undertakes to act at all times in accordance with the law, in particular, vulgar, obscene, hateful, offensive and bigoted speech is prohibited, the speech must not contain elements of racism, pornography pedophilia and other objectionable speech.
7.2 The Service Provider reserves the right, with regard to the interests of the company and legal regulations, in the event of a proven violation of the above obligations, to refuse the User, without giving further reasons, to exclude him from using the Services and to delete his contributions.
8 Force Majeure
8.1 If it is not possible to provide the services within the agreed time due to force majeure, the parties have the right to withdraw from the contract.
8.2 In this case, the right to the contractually agreed performance shall cease. The User's withdrawal must be sent to the Provider by post or e-mail. Telephone notifications of withdrawal are ineffective and shall be disregarded.
8.3 Payments made by the user will be refunded.
8.4 Other claims of the User against the Provider and/or his/her legal representative, the performance of which is excluded, except those pursuant to Article 9.
8.5 A force majeure or comparable event is an external, unforeseeable event that could not have been avoided by either party. If the fulfilment of an obligation as a result of force majeure events requires increased effort, it is not force majeure within the meaning of the terms and conditions.
9 Exclusion of liability
9.1 The Service Provider and the Yoga Teacher shall not be liable for any health problems of the User during or after the provision of the Services. In the event of health problems arising during the provision of services, especially during Yoga classes, the user is obliged to discontinue the activity and inform the Yoga teacher. The exercises do not replace any medical examination or treatment. Other possible restrictions are for pregnant women or during menstruation.
9.2 The Service Provider has no influence (except for external video transmissions) on the transmission of data over the Internet, the Service Provider is not liable for any defects in the transmission of data, except for the Provider's server.
9.3 Any other liability of the Company, regardless of the legal grounds, shall be limited to the amount actually paid by the relevant party claiming the remedy. Further claims for damages are excluded unless they are caused intentionally or negligently by the Provider's employees. This also includes liability for material and non-material (consequential) damages caused by sequential or technically incorrect data transmission.
9.4 The exclusion of liability does not apply to damages arising from gross negligence by the user or from willful or grossly negligent breach of duty by the user's legal representative or co-agent, and to damages arising from injury to life, limb or willful or negligent breach of duty by the user or willful or negligent breach of duty by the user's legal representative or agent.
10 Technical conditions and instructions
10.1 To use the Online Offer, you must comply with the following points:
- current internet browser
- broadband internet connection
This could result in additional costs.
The internet browser must allow the use of JavaScript and cookies. In some cases, there may be problems with the video transmission, in this case please contact our support.
11 Scope of the General Terms and Conditions
11.1 Where the relationship established by the Treaty contains an international element, the Contracting Parties agree that the relationship between them shall be governed by Regulation (EU) No 593/2008 of the European Parliament and of the Council. This is without prejudice to the rights of the consumer.
11.2 In the event that any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions. Amendments to the General Terms and Conditions must be made in writing and shall enter into force on the date of their publication on the Website.
11.3 The user has the right to terminate the contract if he objects to the change of terms within the time limit set by law.
11.4 Updated versions of the GTC will be sent to Users by email. Upon receipt, users have the right to object to the new version within six weeks. In the event of an objection, the changes to the updated version shall be deemed not to have been accepted by the user.