Terms of Service
Terms and Conditions Last updated: June 17, 2024 Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions: Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Country refers to: Netherlands Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Yoga with Mariona, Blois van Treslongstraat 73, Utrecht. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Service refers to the Website. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to Yoga with Mariona, accessible from yogawithmariona.com You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Acknowledgment These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Legal Agreement: These Terms and Conditions constitute a legally binding agreement made between you and Yoga with Mariona (Company Number - KvK Number -: 91891256), concerning your use of our Service. You acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions Accounts When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. User-Generated Content Our Service allows You to post content, including but not limited to, blog posts, comments, and other content under certain courses and communities. You are responsible for the content that You post to the Service, including its legality, reliability, and appropriateness. By posting content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of Your rights to any content You submit, post or display on or through the Service and You are responsible for protecting those rights. You represent and warrant that: (i) the content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Purchases If You wish to purchase any product or service made available through the Service ("Purchase"), You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete. The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting Your information, You grant us the right to provide the information to these third parties subject to Our Privacy Policy. We reserve the right to refuse or cancel Your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Your order or other errors. You have the right to cancel without penalty if You do not agree with changes to subscription fees or terms. We reserve the right to refuse or cancel Your order if fraud or an unauthorized or illegal transaction is suspected. Subscriptions & Course-Specific Payment Methods Our Service offers various courses, each of which may have its own unique subscription or payment model. These models are clearly described on the respective course pages. By purchasing a course, you agree to the specific terms outlined for that course. Some courses may be offered as one-time purchases, while others may have recurring subscription fees. For subscription-based courses, your subscription will automatically renew according to the renewal period specified for that particular course (e.g., monthly, quarterly, or annually). We will send you a reminder at least 14 days before each renewal, informing you of the upcoming charge and providing instructions on how to cancel if you wish to do so. You may cancel your subscription at any time up to 24 hours before the end of the current billing period; cancellation will take effect after the current billing period. You can manage your subscriptions, view the specific terms for each course, and exercise your cancellation rights through your account settings. If a payment fails for a subscription-based course, we will notify you and attempt to process the payment again. If the second attempt fails, your access to the subscription services for that course may be suspended until payment is successfully processed. One-time purchase courses grant you access for the duration specified on the course page. These courses do not auto-renew, and the access period will be clearly communicated at the time of purchase. Bundled courses or packages may have separate terms regarding access duration and renewal, which will be provided during the purchase process. You acknowledge that pricing and subscription models may vary between courses and may be subject to change. Any changes to subscription fees or terms will be communicated to you at least 30 days in advance, and you will have the opportunity to cancel your subscription before the new fees or terms take effect, without penalty. In accordance with Dutch and EU consumer protection laws, if you are a consumer (not purchasing as a business), you have the right to withdraw from the purchase of a course without giving any reason within 14 days after the day of purchase. However, if you have accessed digital content (such as online course materials) with your prior express consent before the end of this 14-day period, you acknowledge that you thereby lose your right of withdrawal. We do not guarantee that a particular course or subscription model will always be available. We reserve the right to modify or discontinue a course or subscription model at our discretion. In such cases, we will provide at least 30 days advance notice and, where applicable, prorated refunds or credits. The processing of any personal data in connection with subscriptions will be handled in accordance with our Privacy Policy and in compliance with the General Data Protection Regulation (GDPR). You have the right to access, rectify, erase, restrict processing, object to processing, and request data portability of your personal information related to your subscriptions. To exercise these rights, please contact us at [email protected]. Cookies We use cookies and similar tracking technologies to track the activity on Our Service and store certain information. Cookies are small data files that are placed on Your device. We use cookies to enable the proper functioning of our website, to enhance your experience, and to analyze our traffic. By using our Service, You agree to the use of cookies in accordance with our Privacy Policy and our Cookies Policy. For more detailed information on the cookies we use and your choices regarding cookies, please visit our Privacy Policy. Consumer Rights If You are a consumer, You may have legal rights in Your country of residence that prohibit the provisions in these Terms from applying to You, and where this is the case, those provisions will not apply to You. To find out more about Your consumer rights, please contact Your local consumer protection authority. Right of Withdrawal If You are a consumer in the European Union, You have the right to withdraw from this contract within 14 days without giving any reason. However, You cannot withdraw from a contract for services if the service has been fully performed, or for the supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged that You thereby lose Your right of withdrawal. To exercise the right of withdrawal, You must inform Us of Your decision by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. If You withdraw from this contract, We shall reimburse to You all payments received from You, without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this contract. Online dispute resolution Online Dispute Resolution The European Commission provides an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If You would like to bring a matter to our attention, please contact us Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Session Etiquette To maintain a respectful and peaceful environment during our yoga sessions, both online and in-person, we ask that you adhere to the following etiquette: a. Arrive on time: Join online sessions or arrive at the studio at least 5 minutes before the scheduled start time. b. Mute your microphone: For online sessions, keep your microphone muted unless speaking to the instructor. c. Appropriate attire: Wear comfortable, non-restrictive clothing suitable for yoga practice. d. Minimize distractions: Choose a quiet space for online sessions, and silence your mobile devices for all sessions. e. Respect others: Refrain from any disruptive behavior, inappropriate comments, or actions that may make others uncomfortable. f. Non-judgment: Practice yoga with a spirit of non-judgment towards yourself and others. g. Hygiene: For in-person sessions, please maintain personal hygiene and avoid strong perfumes or colognes. h. Equipment: Use your own mat and props when possible. For in-person sessions, clean any shared equipment before and after use. i. Photography/Recording: Do not take photos, videos, or recordings of any sessions without prior written consent from Yoga with Mariona and all participants. j. Teacher instructions: Always follow the teacher's instructions and modifications for your safety. Yoga with Mariona reserves the right to remove any participant from a session, without refund, for failure to comply with this etiquette or for any behavior deemed inappropriate or disruptive Feedback You may provide Us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Our Service ("Feedback"). You acknowledge and agree that: (i) You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from You or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, You grant the Company and its Affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. Data Protection and GDPR Compliance: By using our Service, you consent to the collection and use of your personal information as described in our Privacy Policy. We are committed to protecting your personal data and complying with the General Data Protection Regulation (GDPR). You have the right to access, rectify, erase, restrict processing, object to processing, and data portability of your personal information. To exercise these rights, please contact us at [email protected]. Liability for Yoga Practice: You acknowledge and agree that participation in yoga sessions, whether online or in-person, is at your own risk. We strongly recommend that you consult with a healthcare professional before starting any new exercise program. Yoga with Mariona shall not be liable for any injury, loss, or damage, direct or consequential, resulting from your participation in our yoga sessions or your use of our instructional materials. Intellectual Property: All content provided through our Service, including but not limited to videos, audio, images, text, and downloadable materials, is the intellectual property of Yoga with Mariona. You are granted a limited, non-exclusive, non-transferable license to access and use this content for personal, non-commercial purposes only. Sharing, distributing, reproducing, or using our content in any other way without our express written consent is strictly prohibited. Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Refund and Cancellation Policy: For online courses: You have the right to withdraw from your purchase without giving any reason within 14 days after the day of purchase. To exercise this right, you must inform us of your decision by a clear statement (e.g., a letter sent by post or email). If you expressly consent to beginning the course before the 14-day period expires, and acknowledge that you will thereby lose your right of withdrawal, then your right to cancel will cease once you have begun accessing the course content. If you exercise your right of withdrawal within the 14-day period and have not accessed any course content, we will reimburse all payments received from you without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw. For in-person sessions booked by consumers: Cancellations made at least 48 hours in advance of the scheduled session will receive a full refund or the option to reschedule. Cancellations made less than 48 hours in advance are non-refundable but may be rescheduled at our discretion. This policy applies to individual session bookings and not to any long-term contracts or packages, which may have separate cancellation terms. For all services: In the event that we cancel a course or session, you will be offered a full refund or the option to reschedule, whichever you prefer. These cancellation and refund policies do not affect your statutory rights, including your right to withdraw from distance contracts within the statutory period, where applicable Termination We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If You wish to terminate Your account, You may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Age Restrictions: Our Service is intended for users who are 18 years of age or older. Minors may only participate in our yoga sessions with the consent and under the supervision of a parent or legal guardian. By allowing a minor to participate, the parent or guardian agrees to be bound by these Terms and Conditions on behalf of the minor. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Before initiating any legal proceedings, we agree to first attempt to resolve any disputes through mediation in Utrecht, the Netherlands. If mediation is unsuccessful, any legal proceedings shall be subject to the exclusive jurisdiction of the courts in Utrecht, the Netherlands. Changes to Services: We reserve the right to modify, suspend, or discontinue any part of our Service at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance. User Obligations: You agree to use our Service in a manner consistent with any and all applicable laws and regulations. During online or in-person sessions, you will conduct yourself in a respectful manner, refraining from any disruptive, offensive, or harmful behavior. We reserve the right to terminate your access to our Service for any violation of these obligations. Limitation of Liability To the fullest extent permitted by law, Yoga with Mariona shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of (or inability to access or use) our Service. This includes any technical malfunctions or interruptions during online session. "AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. These Terms are governed by the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent court in Utrecht, the Netherlands. Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Subscriptions and Recurring Payments: For subscription-based services, your subscription will automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage your subscription through your account settings. If a payment fails, we will attempt to process the payment again. If the second attempt fails, your access to the subscription services may be suspended until payment is successfully processed. Force Majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, governmental actions, war, civil unrest, or internet disturbances. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, the provision will be struck, and the remaining provisions shall remain in full force and effect. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms and Conditions, You can contact us: By email: [email protected] By visiting this page on our website: https://yogawithmariona.com/events#get-a-quote By phone number: +31681073520