A General conditions for the use of the YOGANECT platform
YOGANECT is provided via websites on the Internet (e.g. yoganect.com, 8minyoga.com) as well as under various subdomains and aliases of these domains and via mobile applications (so-called “apps”), background applications, web services and integration into third-party sites (e.g. via iFrame). All websites, subdomains, aliases, mobile applications, background applications, web services and links to third pages on which YOGANECT is available are hereinafter referred to as “YOGANECT websites”.
The services and applications (hereinafter referred to as “service”) of YOGANECT include contact and communication forums (hereinafter referred to as “social network”), an “event platform” and a “streaming platform” for which the user (hereinafter referred to as “user”) requires membership.
These General Terms and Conditions for the use of YOGANECT websites and services govern the contractual relationship between the user and YOGANECT, regardless of which of our YOGANECT websites the user uses for services.
Regarding the use of individual services such as our event platform or streaming services, additional conditions apply in addition to these General Terms and Conditions.
The General Terms and Conditions for YOGANECT and any additional conditions for the use of individual services are hereinafter referred to collectively as “GTC”.
The contract is concluded with YOGANECT GmbH, Zeppelinring 36, 88400 Biberach, Germany.
A.1 Object of the contract and basics of the use of YOGANECT
The social network is the core service of YOGANECT. The profile page or business page created by the user within the framework of the social network (hereinafter referred to as “user profile” or “business page”) represents the identity with which the user appears and is represented within the YOGANECT websites and the associated applications. In principle, it is also possible to visit YOGANECT as a guest without entering personal data, but a visible user profile is required for the use of the social network. There may be individual services of YOGANECT where the user does not appear and is not represented with his/her user profile, but the registration for the use of services of the YOGANECT website is mandatory.
A.2 Conclusion of contract and assurances at conclusion of contract
A.2.1 If the user wishes to make use of YOGANECT services and starts the registration process by clicking on the “Sign up/Join” function, the user must first enter the requested data completely and correctly. In order to sign up you must be at least 18 years old and register as a natural person. In a second step the user can create various business pages. In the case of natural persons, the data includes surname, first name, email and user name. In the case of legal entities, the company name, industry sector, business type and user name are queried. If the registration is not complete or confirmed, the user can only use the services of YOGANECT to a limited extent with his/her newly created profile until the user completes and completes the registration.
A.2.2 The possibility of using the applications offered on the YOGANECT websites does not constitute an offer, but only an invitation to submit an offer. By completing the booking process, the User makes an offer to conclude the contract for the use of the corresponding services and application on YOGANECT. YOGANECT accepts this offer of the user by providing the corresponding services. The contract between the user and YOGANECT is only concluded through this acceptance. YOGANECT is not obliged to conclude a contract.
A.2.3 YOGANECT will immediately confirm the registration of the data transmitted with the registration by e-mail to the e-mail address provided by the User with the registration. If the user has registered via social login, the registration is completed as soon as all necessary user data has been entered on YOGANECT. If the user has registered via email, the registration is only completed successfully when the user has confirmed the link sent and entered all necessary user data on YOGANECT. The contract between the user and YOGANECT about the use of the services and applications of YOGANECT is only concluded with the retrieval of this (activation) link.
A.2.4 If the registration is not completed or confirmed and the minimum information remains incomplete despite YOGANECT’s request to complete it, YOGANECT may delete the user profile and the information provided up to that point at any time.
A.2.5 After successful registration, the user has the possibility to use YOGANECT via the login button. The login can be made via social login or by entering an email and the password specified by the user.
A.2.6 Identification of persons on the Internet is only possible to a limited extent. Therefore, YOGANECT cannot determine with certainty whether a registered user is the person the user claims to be. YOGANECT does not guarantee the actual identity of a use; a user must convince him-or herself of the identity of another user.
A.2.7 The user warrants that all data provided by him/her is true and complete. The user is obliged to keep the data true and complete regarding all applications used by him/her during the entire term of the contract. YOGANECT reserves the right to delete or correct doubtful data by YOGANECT’s customer service.
A.2.8 The user warrants that he/she has reached the age of at least 18 years. Registration under the age of 18 is not permitted.
A.2.9 In the event that the user acts on behalf of a legal entity within the framework of certain applications, the user warrants that he/she is authorized to act on behalf of the legal entity. Upon request, the user shall provide YOGANECT with evidence of the information assured in accordance with this clause.
A.3 Obligations of the user and special provisions for the use of the social network
A.3.1 The user is obliged to:
A.3.1.1 When registering with YOGANECT, to consider a secure password. To keep the password chosen by him/her secret. YOGANECT will not pass on the password to third parties, will only use it for the registration process and will not ask the user for the password at any time – apart from the registration process. For security reasons and to prevent misuse, the user is advised to change his/her password at regular intervals. The security and storage of the access data to the user profile on YOGANECT and his/her access data (username and password) is the exclusive responsibility of the user.
A.3.1.2 Each user is asked to consider and create a suitable username which does not contain any sexual, discriminatory, offensive, racist, defamatory or other illegal content and which is not the use of content protected by law (e.g. copyright, trademark, patent, design patent or utility model law).
A.3.1.3 Each user may only create one user profile. The user may not allow third parties to use his/her own user profile. Conversely, users may not use the user profile of third parties.
A.3.1.4 The user may only make true and not misleading statements and use his/her clear name and no pseudonyms or artist names; except when assigning his/her user name.
A.3.1.5 The user may only use a photo for the profile picture where the user is clearly visible. Companies can also use their company logo equivalent. The user shall ensure that the public reproduction of the profile picture transmitted by him/her on the YOGANECT websites is permitted in accordance with applicable law. The use of photos or images of other or non-existent persons or other creatures (animals, fantasy creatures etc.) is not permitted. Logos are only permitted for users with a business profile.
A.3.1.6 When using YOGANECT and the contents on the YOGANECT websites, the user must observe all applicable laws as well as all rights of third parties.
A.3.2 The user commits him- or herself to refrain from the following
A.3.2.1 Use of insulting or defamatory content, regardless of whether this content affects other users, other persons or companies.
A.3.2.2 Use of pornographic, violence-glorifying, abusive, immoral or youth protection laws violating content or application, offer and/or distribution of pornographic, violence-glorifying, abusive, immoral or youth protection laws violating goods or services.
A.3.2.3 Unacceptable harassment of other users, through spam (cf. § 7 Law against Unfair Competition – UWG) and stalking.
A.3.2.4 Use of content protected by law (e.g. by copyright, trademark, patent, design patent or utility model law) without being entitled to do so, or advertising, offering and/or distributing goods or services protected by law without also being entitled to do so.
A.3.2.5 Performing or promoting anti-competitive activities, including progressive customer advertising (such as chain, snowball or pyramid schemes).
A.3.2.6 Implementation, promotion and promotion of sales activities (such as marketing, sending chain letters, sending advertising emails).
A.3.2.7 Making offensive or sexual communication (explicit or implicit).
A.4 Users and third parties are prohibited from the following actions when handling and using YOGANECT
A.4.1 Use of mechanisms, software or scripts in connection with the use of the YOGANECT Websites. The direct or indirect advertising or distribution of such mechanisms, software or scripts is also prohibited. However, the user may use, advertise or distribute interfaces or software authorized by YOGANECT;
A.4.2 Blocking, overwriting, modifying, copying, insofar as this is not necessary for the proper use of YOGANECT;
A.4.3 Distribution and public reproduction of contents of the YOGANECT Websites or of other users, except for this distribution and public reproduction is provided for within the scope of the respective YOGANECT application or the other user has agreed to the distribution and public reproduction; and/or
A.4.4 any action that is likely to impair the functionality of the YOGANECT infrastructure, to overload it excessively.
A.4.5 YOGANECT is not obliged to make data and/or information provided by the user available to other users if this data and/or information is not in accordance with the 3. and 4. above. YOGANECT is entitled to remove inadmissible data and/or information from the YOGANECT websites without prior notice to the user in accordance with these GTC.
A.5 The special publication feature of image files
A.5.1 Every user may upload image files to the YOGANECT websites in order to add them to his/her own profile or event page. Finally, as the founder or member of a group within the YOGANECT website, the user also has the option of uploading image files to the group founded or joined by him/her.
A.5.2 Before uploading an image file, the user must ensure that he/she has exclusive rights of use to the photo or file and that the public accessibility of the image file does not violate statutory provisions, morality and/or the rights of third parties.
A.5.3 It is forbidden to upload image files with depictions of violence via YOGANECT and/or to make them publicly accessible; furthermore, the image files may not contain any sexual, discriminatory, insulting, racist, defamatory or other illegal content or depictions. It is also forbidden to upload image files on which company, brand or other logos or other protected signs are displayed exclusively or only among other things.
A.5.4 If photographs are to be uploaded on which, in addition to the user, one or more other persons can be identified, both the upload and the marking or linking of the image file may only be carried out with the consent of the third party(s).
A.5.5 After an image file has been uploaded, it can be removed or replaced by the user who uploaded the file at any time with effect for the future.
A.5.6 YOGANECT reserves the right to remove image files and/or links to other users even without prior notice if and to the extent that YOGANECT has concrete indications or reports that public access to such files violates statutory provisions, morality and/or the rights of third parties.
A.6 Changes of the services as well as the general terms and conditions
A.6.1 YOGANECT reserves the right to change the services offered on the YOGANECT websites or to offer different services, unless this is unreasonable for the user.
A.6.2 In addition, YOGANECT reserves the right to change the services offered on the YOGANECT websites or to offer different services,
(a) As far as YOGANECT is obliged to establish the conformity of the services offered by YOGANECT with the law applicable to the services, if the applicable legal situation changes;
(b) To the extent that YOGANECT thereby complies with a court decision directed against YOGANECT or an official decision;
(c) Insofar as the respective change is necessary to close existing security gaps;
(d) If the change is only beneficial to the user; or
(e) If the change is of a purely technical or procedural nature and has no significant effects on the user.
A.6.3 Changes with only an insignificant influence on the functions of YOGANECT do not constitute changes in performance within the meaning of this clause. This applies to changes of a purely graphic nature and mere changes to the arrangement of functions.
Amendments to the GTC
A.6.4 YOGANECT reserves the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the user. YOGANECT will inform the user about changes of the GTC in due time. If the user does not object to the validity of the new GTC within six (6) weeks after notification, the amended GTC shall be deemed accepted by the user. YOGANECT will inform the user in the notification about his/her right of objection and the meaning of the objection period.
A.6.5 In addition, YOGANECT reserves the right to amend the GTC,
(a) If the change is only beneficial for the user;
(b) If the change is purely technical or procedural, unless it has significant consequences for the User;
(c) To the extent that YOGANECT is obliged to comply with the GTC with applicable law, if the applicable legal situation changes;
(d) Insofar as YOGANECT thereby complies with a court decision or an official decision directed against YOGANECT; or
(e) As far as YOGANECT introduces additional, completely new services or service elements which require a service description in the GTC, unless the previous usage relationship is disadvantageously changed.
YOGANECT will inform about such changes of the GTC, for example on the YOGANECT websites.
A.6.6 With regard to products that are booked individually and are not offered as part of a continuing obligation relationship (e.g. the booking of advertising or the discontinuation of an event), a separate contract will be concluded for each booking, the additional conditions of which may be displayed separately prior to booking in individual cases. The corresponding contractual terms and conditions and services can be changed for future bookings independently of the requirements for service changes specified here.
6.7 The user’s right of termination shall remain unaffected by any changes to the services or General Terms and Conditions pursuant to this provision.
A.7 Charges, billing, invoicing, terms of payment
A.7.1 The user may settle invoices by means of the payment procedures offered by YOGANECT. If a fee cannot be collected, the user shall bear all costs incurred by YOGANECT, bank charges in connection with the return of direct debits and comparable charges, to the extent that he/she is responsible for the event triggering the costs.
A.7.2 YOGANECT is free to transmit invoices and payment reminders exclusively by electronic means.
A.7.3 YOGANECT reserves the right to change the accounting from Euro to the respective national currency of the user at any time, provided that the user does not object.
A.8 Duration, termination of contract, penalties, repayment of prepaid charges
A.8.1 If, in individual cases, there are no special provisions on the duration and termination of individual applications or YOGANECT memberships that conflict with these, the contractual relationship can be terminated by either party at any time.
A.8.2 The user and YOGANECT may terminate the free membership at any time without giving reasons. To protect the user against unauthorized deletion of his/her user profile by third parties, YOGANECT may carry out an identity verification at the time of termination, e.g. by querying the user name and an email address registered on the YOGANECT websites.
A.8.3 Even in the case of special provisions on the term and termination, both parties shall have the right to terminate the contractual relationship extraordinarily at any time without notice for good cause. An important reason for extraordinary termination exists if the continuation of the contractual relationship until the expiry of the statutory period of notice is not reasonable for the terminating party, considering all circumstances of the individual case and weighing the interests of both parties. Important reasons for YOGANECT are the following events:
(a) Non-compliance with legal regulations by the user;
(b) Violation by the user of his/her contractual obligations;
(c) The reputation of the services offered on the YOGANECT websites is considerably impaired by the presence of the user (e.g. if after registration of the user it turns out that the user has been convicted of an intentional criminal offence and this conviction is known to other users);
(d) The user advertises for associations or communities – or their methods or activities – which are observed by security or youth protection authorities;
(e) The user damages one or more other users; or
(f) The user is a member of a sect or a religious community controversial to the countries YOGANECT provides services or the user is located in.
A.8.4 If there is an important reason according to clause 7.3, YOGANECT can also impose the following sanctions against the user, irrespective of a termination according to clause 7.3:
(a) Deletion of content that the user has posted;
(b) Blocking access to the services of the YOGANECT websites or individual applications; or
(c) Issue a warning notice.
A.8.5 The user’s right to claim reimbursement of fees already paid in advance in the event of termination is excluded, unless the user terminates the contract for an important reason for which YOGANECT is responsible. In the following cases, the user’s claim for repayment of fees already paid in advance is excluded in any case:
(a) YOGANECT terminates the contract for good cause; or
(b) YOGANECT blocks the user’s access in accordance with Section 7.4.
A.9 Responsibility for content, data and/or information of the users
A.9.1 YOGANECT accepts no responsibility for the content, data and/or information provided by the users of the YOGANECT websites or for content on linked external websites. YOGANECT does not guarantee that these contents are true, fulfil a certain purpose or can serve such a purpose.
A.9.2 If the user notices any use of the YOGANECT websites in violation of the law or the contract (including the use of pseudonyms or deceptive identities), he/she may report this.
A.9.3 With regard to data or content that is or was publicly available in accordance with the General Terms and Conditions, the YOGANECT data protection provisions or the user’s settings and that has been stored by a third party, YOGANECT has no obligation to prevent such storage by the third party.
A.9.4 YOGANECT merely offers the user a platform and does not participate in the communication between the users regarding content. This does not apply if YOGANECT itself moderates a group in an individual case. If the users conclude contracts with each other via the YOGANECT websites, YOGANECT is not involved in this and therefore does not become a contractual partner. The users are solely responsible for the processing and fulfilment of the contracts concluded with each other. YOGANECT is not liable for breaches of duty by the user arising from the contracts concluded between the users.
A.9.5 The user acknowledges that 100% availability of the YOGANECT websites is technically impossible. However, YOGANECT endeavours to keep the YOGANECT websites available as consistently as possible. Maintenance, security or capacity concerns as well as events beyond the control of YOGANECT (e.g. disruptions of public communication networks, power failures etc.) may lead to disruptions or temporary suspension of the service on the YOGANECT websites.
A.10 Liability of YOGANECT
A.10.1 YOGANECT is liable without limitation for damages resulting from injury to life, body or health which are based on a breach of duty by YOGANECT, a legal representative or vicarious agent of YOGANECT as well as for damages which were caused by the absence of a quality guaranteed by YOGANECT or in the case of fraudulent conduct by YOGANECT. Furthermore, YOGANECT is liable without limitation for damages caused intentionally or through gross negligence by YOGANECT or one of its legal representatives or vicarious agents.
A.10.2 YOGANECT is liable for the slightly negligence caused by the violation of essential contractual obligations except in the cases of clause 9.1 or 9.3 limited to the amount of the contract-typically foreseeable damage. Essential contractual obligations are abstract obligations whose fulfilment makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties may regularly rely. Any other liability of YOGANECT is excluded.
A.10.3 Liability according to the Product Liability Act remains unaffected.
A.11 Data protection
- 11.1 A collection, processing and/or use of personal data only takes place if the user has consented or this is permitted by law. The use of personal data based on a legal permission takes place in connection with the fulfilment of contractual obligations of YOGANECT towards the users. YOGANECT offers the user a variety of functions which are individually adapted to the user (e.g. YOGANECT provides certain information, offers, recommendations and services based on collected data and promotes interaction in the user’s network). In order to be able to provide the services, the processing and use of the user’s personal data is required.
A.11.2 YOGANECT offers users the opportunity to transmit their personal data to other users in part or in full or to revoke access to the data. The transmission of such data is at the user’s own risk.
A.12 Applicable Law, Jurisdiction and Miscellaneous
A.12.1 YOGANECT may use subcontractors. Even if subcontractors are appointed, YOGANECT remains responsible for fulfilling the obligations assumed by YOGANECT.
A.12.2 YOGANECT is entitled to transfer rights and obligations in whole or in part to third parties.
A.12.3 YOGANECT may send declarations to the user by email, fax or letter, unless otherwise stipulated in the GTC. In addition, YOGANECT may send declarations to the user by notification to the private YOGANECT mailbox of the user, which is part of the user profile.
A.12.4 We do not participate in any dispute resolution proceedings before a consumer arbitration board.
A.12.5 The place of performance is the registered office of YOGANECT.
A.12.6 The place of jurisdiction for merchants within the meaning of the Handelskammer Hamburg (Chamber of Commerce Hamburg) is the registered office of YOGANECT.
A.12.7 Germanlaw shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods which has been incorporated into German law.