Terms of Use / General Terms and Conditions

Last updated: February 15, 2020

The following General Terms and Conditions provide the legal framework for using the yoganista.ch website www.yoganista.ch and the yoganista.ch Yoga Sequencing App.

1.      Applicability

1.1    Contract partners and contract subject matter

These General Terms and Conditions provide the basis for the user agreement resulting between you and us, yoganista.ch Franziska Killer, Bürglimatte 6A, CH-8820 Wädenswil, (hereinafter "yoganista.ch", "us" or "we"). The contract subject matter is the free or paid use of services offered by us on the website www.yoganista.ch or the yoganista.ch Yoga Sequencing App (hereinafter "yoganista.ch Service", "yoganista.ch Services" or "yoganista.ch").

1.2    Additional terms and conditions

We reserve the right to make your use of certain yoganista.ch Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.

If you use yoganista.ch Services via the yoganista.ch Yoga Sequencing App and you have downloaded the yoganista.ch Yoga Sequencing App from the app store of a third party, the general terms and conditions and/or terms of use of the app store will apply in addition to these General Terms and Conditions.

In case of the iTunes store, such terms include, for example, the "End User License Agreement for Licensed Applications" (which you will find at https://www.apple.com/legal/internet-services/itunes/ww/).

You will find the terms of use for Google Play, for example, at https://play.google.com/intl/de_de/about/play-terms.html.

Please be sure to review the terms of use that apply in your country.

In the event of any conflicts, these Terms of Use will prevail.

2.      Health Requirements

You will use the yoganista.ch Services at your own risk.

Anytime you use the yoganista.ch Services you must be in good health. If you have any known preexisting illnesses or health conditions, please first consult a physician before you begin to use the yoganista.ch Services. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.

Please do not use the yoganista.ch Services if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, or dizziness. In such cases please consult your physician before you begin or continue to use yoganista.ch Services.

3.      Participation Requirements

To use the yoganista.ch Services you must be at least 18 years old and have full legal capacity or you must have the consent of your legal representative.

All data you submit must be true and complete.

4.      Conclusion of Contract

4.1    Registration process

How a user agreement will be concluded depends on how you register and whether you sign up for any additional, paid services.

4.2    Registration via mobile apps

If you register through the yoganista.ch Yoga Sequencing App, a user agreement will result according to the rules of your app store.

As a general rule, a binding contract will result at the moment you click on the "Install" button in the store and you enter your password.

4.3    Conclusion of contract for paid subscription

You can activate additional services by purchasing a paid subscription. If you purchase additional services through your yoganista.ch Yoga Sequencing App, a subscription agreement will result when you click the "Subscribe Now" button during an in-app purchase or a comparable button and when you have entered your password for the App Store, if required.

4.4    Correction of input errors

If you want to purchase a subscription by in-app purchase through your yoganista.ch Yoga Sequencing App, you will pay for the service through the account with your app store. Therefore please contact your app store if you want to correct any input errors.

5.      Contract Terms

5.1    User agreement

The user agreement between you and us will remain in effect for an indefinite term. It will end when you delete the yoganista.ch Yoga Sequencing App and terminate the user agreement.

5.2    Subscriptions

Our subscriptions have the contract term of one Year. All subscriptions will be automatically renewed for the period of one Year until either you or we terminate the subscription. You may however opt out of the automatic renewal of your subscription at any time by choosing the appropriate settings in the account with your app store.

6.      Right of revocation 

In some countries you have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether you have a legal right of revocation by referring, for example, to the terms of use of your app store. Please refer to those terms of use to find out to what extent you have such rights. In the United States, for example, you have no right of revocation.

If you have a legal right of revocation, please read the following information about how you can exercise this right and what revocation will mean for you.

6.1    Information about revocation

If you have a legal right of revocation, this right will come into existence as soon as you enter into a user agreement or subscription agreement with us.

You may revoke the contract within 14 days of the contract date for any or no reason, in which case the contract will be unwound. Your notice of revocation will be timely as long as you send it before the revocation period has expired.

To exercise your right of revocation, you must clearly notify us (e.g., by letter or e-mail) that you no longer wish to be bound by the contract. For this purpose you may, but do not have to, use the attached standard revocation form (section 6.3).

If you exercise this option, We will confirm receipt of your notice of revocation (e.g., by e-mail). Please address any notice of revocation to the following address:

yoganista.ch Franziska Killer, Bürglimatte 6A, CH-8820 Wädenswil

or: info@yoganista.ch

6.2    Consequences of revocation 

If you revoke the contract, the contract will be unwound. You will receive a refund for any payments you have already made for the revoked contract. We will issue the refund at the latest 14 days after We receive your notice of revocation. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you.

If you have requested that services begin during the notice period for revocation, you must compensate Us in a reasonable amount for any services you have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the start date of service until the date you provide Us with notice of revocation.

6.3    Standard form for notice of revocation

You may use the following form for your notice of revocation. Please be sure to always tell us which yoganista.ch service you wish to revoke.

 

You can print out the following text or copy and paste it into an e-mail:

"I/We (*) hereby revoke the contract for the purchase of the following product (*)/the following service (*) made by me/us(*):

Ordered/received on (*)

Name of consumer (…)

Address of consumer (…)

Signature of consumer (…)

Date"

(*) please delete inapplicable alternative

7.      Termination

7.1    Subscriptions

Subscriptions purchased by in-app purchase must be canceled by changing the appropriate settings in the app store where you bought the subscription. If your subscription fee is collected by iTunes, we ask, notwithstanding the above, that for technical reasons you comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term.

Current in-app subscriptions cannot be terminated during the contract term.

We have the right to cancel any subscription at the end of the minimum contract term or the end of the applicable renewal term by providing you with two weeks' prior notice in text form.

7.2    Termination for good cause

Irrespective of the foregoing provisions, either party has the right to terminate contracts for good cause. In particular, We have the right to terminate your subscription with immediate effect, if you have seriously or repeatedly breached provisions of the user agreement and/or these General Terms and Conditions or if you are behind with payment despite demand.

8.      yoganista.ch Services

You may download and use the yoganista.ch Yoga Sequencing App free of charge. You will receive access to additional content as part of a paid subscription.

When you download and use the yoganista.ch Yoga Sequencing App, in particular through third-party networks or in other countries, you may incur transmission charges of your Internet service provider.

We strive to provide you with uninterrupted operation of the yoganista.ch Services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.

Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application (such as the yoganista.ch Yoga Sequencing App) that will be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes.

We reserve the right to change our business model at any time and, for example, to provide any or all yoganista.ch Services only in exchange for payment. You will then have the option to decide whether you wish to continue using the yoganista.ch Services in exchange for payment or stop using the yoganista.ch Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.

Please note that you may need certain tools or workout equipment to be able to fully use some yoganista.ch Services. Such tools or equipment are not part of the yoganista.ch Services and, if needed, must be purchased separately by you at your own cost.

9.      Rights and Obligations of the User

The yoganista.ch Services are offered exclusively to consumers. This means you may not use the yoganista.ch Services for business or other commercial purposes.

However, you can use the flows you have created with the yoganista.ch Yoga Sequencing App to teach your yoga classes and create handouts for your students. However, the footer, which indicates that the flow was created with the yoganista.ch Yoga Sequencing App, must not be removed.

You are not permitted to:

·       use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of the offered service;

·       allow any third parties to access or perceive the yoganista.ch Services, e.g., an undefined group of people by using the services in a public area (e.g., movie theaters, theaters, exhibitions, showrooms, hotels, bars, restaurants, or other public areas);

·       circumvent any access control systems for paid services or take any other action to use services without authorization;

·       introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the yoganista.ch Services; or

·       transfer or assign any rights or obligations under your contract with Us to any third parties.

When using the yoganista.ch Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.

To guarantee smooth communication with you, We ask that you include our e-mail address in the list of trusted senders at your email provider.

10.      Prices and Payment Terms

10.1    Prices

Our prices differ from country to country. If you decide to purchase a subscription, the price that counts for you will be shown in the yoganista.ch Yoga Sequencing App or on the website.

Please check the website www.yoganista.ch for current prices/subscription models and for available services.

We reserve the right to change prices at our sole discretion. Any price changes will however have no effect on subscriptions you have already purchased.

10.2    Collection of fees

Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through iTunes; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.

10.3    Payment methods

If you book paid yoganista.ch Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you.

If you make purchases on our website www.yoganista.ch, they will be processed with an invoice or prepayment.

10.4    Payment default

We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.

11.      No responsibility for third-party content or services

The yoganista.ch Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the yoganista.ch Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.

12.      No warranty

We make no representations or warranties that by using the chosen yoganista.ch Service you will reach your workout goal or achieve any other results.

13.      Limitation of liability

To the maximum extent permitted by applicable law, in no event shall yoganista.ch, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, yoganista.ch assumes no liability or responsibility for any

·       errors, mistakes, or inaccuracies of content

·       personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service

·       any unauthorized access to or use of our secure servers and/or any and all personal information stored therein

14.      Licensed Rights / Copyright

The copyright and all other rights to content, images, photos and other files on the website belong exclusively to yoganista.ch Franziska Killer or the specifically named right holders. The written consent of the copyright holder must be obtained prior to the reproduction of any elements.

The yoganista.ch Yoga Sequencing App is a copyright protected software program.

To the extent necessary for achieving the contractual purpose, We hereby license to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g., on websites. Neither the yoganista.ch Yoga Sequencing App nor its content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, or edit the app except as permitted by law.

Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your subscription has been terminated) or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for good cause without notice in accordance with Section 7.2.

15.      Personal data

We will process your personal data in compliance with our Data Privacy Policy. You will find the most recent version of our Data Privacy Policy at https://www.yoganista.ch/privacy-policy. The Data Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other users and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. Your legal rights of revocation remain unaffected.

16.      Changes to General Terms and Conditions


We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

17.      Final Provisions

17.1    Official contract language

The official contract language is German.

17.2    Governing substantive law

All dealings between the parties are governed exclusively by Swiss law, under exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

17.3    Venue and Jurisdiction

If there is no court in Switzerland where venue and jurisdiction is proper based on your residence, habitual abode, or corporate domicile (allgemeiner Gerichtsstand), or if your place of residence or habitual abode is unknown at the time legal action is filed, exclusive venue and jurisdiction for any and all disputes arising from this Agreement will be in the courts at the place of our office.

17.4    Severability

If any provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply, mutatis mutandis, if any provisions should have been inadvertently omitted from these General Terms and Conditions.

18.      Information about Provider

yoganista.ch Franziska Killer
Bürglimatte 6A
CH-8820 Wädenswil
E-Mail: info@yoganista.ch