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.
B Additional conditions for the use of the event platform
Within the framework of the event platform, YOGANECT offers its users (the organizing user is hereinafter referred to as “organizer”) the opportunity to plan, organize, advertise, and register users for events as well as admission tickets and, if applicable, admission tickets for events, private events, meetings, lessons, meetings, conferences, workshops, webinars, virtual events, etc. (hereinafter referred to as “events”) and to have them billed via YOGANECT. In addition, YOGANECT may offer certain additional services to event organizers. YOGANECT itself does not act as an organizer, but merely provides the technical infrastructure.
Conversely, YOGANECT offers its users the opportunity to participate in these events (hereinafter referred to as “participant” or “attendee”), to make reservations as well as to purchase admission tickets and, if necessary, further products and services (the participating user is hereinafter referred to as “participant”). YOGANECT acts with its event platform exclusively as an intermediary for events. YOGANECT acts on behalf of the customer based on a contract for the provision of services against payment and arranges events of other organizers. The services offered are offered in the name of and for the account of third parties. The participation conditions and general terms and conditions of the respective organizers apply to the brokered events, which the participant can view on the event platform or request from the organizer.
B.1 Conclusion of contract and assurances at conclusion of contract, as well as contents of the mediation contract
B.1.1 By sending the booking request provided on the event platform, the participant makes a binding offer for the conclusion of a business management contract (hereinafter referred to as “brokerage order”) with YOGANECT, to which the participant is bound for five days. The mediation order includes the booking of the event, travel services and the financial settlement with the respective service provider. The participant must be 18 years old and have full legal capacity.
B.1.2 YOGANECT accepts this offer by sending the booking confirmation, at the latest when the event appears in the participant’s profile on the YOGANECT website under the link “My Bookings”. The participant is obliged to view his bookings on the YOGANECT website, if the participant has not received a booking confirmation contrary to expectations. The booking confirmation is usually sent within 24 hours. If the participant has not received confirmation within 24 hours of booking and the event is not listed under “My Bookings”, the participant should contact YOGANECT. There is no legal obligation to accept the offer.
B.1.3 YOGANECT is entitled to cancel a participant’s order (unilateral right of withdrawal) if the participant violates or attempts to circumvent such conditions, which have been established by the organizer or by YOGANECT within the scope of the advance sale. The declaration of cancellation or withdrawal can also be made conclusively by crediting the amounts paid.
B.1.4 Participant has no right of revocation for the brokerage contract with YOGANECT.
B.1.5 The contractual language between the Participant and YOGANECT is English.
B.1.6 A main contract is concluded between the participant and the organizer for the execution of the event, which implies the acceptance of the terms and conditions of the respective organizer. The main contract is concluded with the acceptance of the organizer. The participant will be informed about the acceptance of the offer via email and/or in the user profile under “My bookings” with the acceptance.
B.1.7 If the participant also registers other persons for the event, the participant undertakes to assume responsibility for the contractual obligations of all persons registered by him.
B.1.8 YOGANECT does not become a contracting party regarding the execution and services of the event.
B.1.9 The information about the respective event, the available number of participants, the ticket price, the available payment methods and the separate event and business terms and conditions are exclusively based on the settings and specifications made by the respective organizer when creating the offer for the event on the YOGANECT website. YOGANECT has no influence on these settings; the responsibility for the correctness of the settings lies with the organizer.
B.2 Duties and services of the intermediary
B.2.1 The contractual obligation of YOGANECT consists, in accordance with these terms and conditions of brokerage, in the brokerage of contracts, within the scope of availability, with the respective organizer according to the booking request. The service of YOGANECT is limited to the provision of the event platform between participant and event and the passing on of the contact data. The provision of the booked service as such is not part of the service obligations of YOGANECT.
B.2.2 YOGANECT is entitled to send the participant an information email with the summarized information about the event a few weeks before the start of the event.
B.2.3 Insurance is not included in the price of the event. YOGANECT recommends that participants consider the possibility of taking out insurance such as travel cancellation insurance or accident insurance.
B.2.4 YOGANECT’s scope of services also includes the provision of some event information to participants via email or notification on the YOGANECT website prior to departure. Just like the YOGANECT website, these e-mail messages as well as the confirmation e-mail for your booking may contain small amounts of advertising from YOGANECT or contractual partners of YOGANECT. If you subscribe to the newsletter, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter. Cancellation is possible at any time.
B.2.5 In case of complaints or other claims against the organizer, the obligation of YOGANECT is limited to the notification of the name and address of the participant.
B.2.6. In addition, YOGANECT will try to inform the participant about changes of events, e.g. cancellations, by phone call, email or notification.
B.2.7 The events brokered by YOGANECT are discontinued by international event organizers and are usually held in English. In case of any difficulties in understanding these details, the YOGANECT customer service will help you via email (email@example.com).
B.3 Obligations of the participant
B.3.1 The participant is obliged to carefully check the booking confirmation for correctness and completeness. If the booking confirmation contains deviations, the participant shall inform the organizer and YOGANECT immediately. If the notification is omitted, the registration becomes binding with the content of the booking confirmation.
B.3.2 Changes and deviations due to direct communication between the organizer and the participant cannot be checked by YOGANECT. The participant is obliged to inform YOGANECT immediately of any missing information or other discrepancies. If the participant does not comply with this obligation, he may be jointly responsible for any resulting damage.
B.3.3 The participant accepts that YOGANECT only provides information and invoices electronically and not by post.
B.4 Payment processing, methods and modalities for participants
B.4.1 YOGANECT only accepts the means of payment specified by it and is entitled to demand a reasonable down payment upon conclusion of the contract. Otherwise, payments are due on the agreed dates.
B.4.2 The fees incurred by the parties for payment by bank transfer, PayPal or credit card at their own expense shall be borne by the parties themselves.
B.4.3 The price of the booked services is to be paid either to YOGANECT, which accepts the payments on behalf of the organizer, and/or directly to the organizers. The participant may be invoiced for costs by more than one party (these are listed in detail on the credit card receipt or account statement of the customer); however, these may not exceed the total price of the booked event.
B.4.4 The possible methods of payment are listed for each trip and may vary.
Normally, the event price will be collected or requested by the organizer via the YOGANECT event platform on his own account. In some cases
B.4.5 If the participant chooses the credit card as means of payment, the participant expressly authorises us to collect the owed event price on behalf of the organizer via the credit card number. If the participant chooses online bank transfer as the means of payment, he/she shall make the payment himself/herself as part of the online bank transfer process.
B.4.6 The taxes and fees applicable based on these General Terms and Conditions may depend on the choice of payment method. Taxes and exchange rates may change during the customer’s booking and stay.
B.4.7 Your credit card company may also charge processing fees for payments in a foreign currency.
B.4.8 In the case of bookings for which no immediate deposit is agreed, YOGANECT or the organizer is entitled to check the validity of the bank card by collecting a minimum amount (usually 1 Euro). The minimum amount will either be refunded immediately or deducted from the remaining amount to be paid. The participant does not incur any costs as a result of this measure. YOGANECT and/or the organizer are also entitled to have the availability limit of the bank card confirmed by the issuing bank regarding the amount of the booking sum in the case of bookings without down payment.
B.5 Right of withdrawal
B.5.1 The event platform of YOGANECT primarily provides services in the field of leisure activities, in particular admission tickets for events. The mediation contract between YOGANECT and the participant will be entered upon explicit request when sending the booking request and will be fulfilled directly and completely by YOGANECT. According to § 312d Abs. 3 BGB the participant has no right of revocation for the brokerage contract with YOGANECT. The participant will be informed about the loss of his right of revocation and the premature fulfilment of the mediation contract by YOGANECT at a suitable place in advance.
B.5.2 For the main contract, which has the provision of services in the areas of accommodation, transportation, delivery of food and beverages as well as leisure activities, and in which the organizer commits himself upon conclusion of the contract to provide the service at a certain time or within a specified period, there is no legal right of revocation or the right of revocation for users can expire prematurely. Since YOGANECT primarily offers services in the field of leisure activities, in particular admission tickets for events, there is no legal right of revocation.
B.5.3 For the main contract YOGANECT offers the organizers and participants the possibility to agree on a voluntary right of revocation.
B.6.1 The conditions for cancellation, withdrawal or rebooking to the main contract are regulated separately on the event page and in the contract conditions between the organizer and the participant. YOGANECT is not a contractual partner in the relationship between the organizer and the participant and cannot provide any information about the conditions there.
B.6.2 The amount of the fees incurred for cancellation shall be based on the provisions of the organizer. It is recommended to take out travel cancellation insurance.
B.6.3 The rebooking of a confirmed event is only possible by withdrawing from the booked event and simultaneously re-booking another event, unless the organizer has provided special provisions for this.
B.6.4 If the participant wishes to cancel his booking due to an error on his part (e.g. due to typographical errors), the participant is generally obliged by law to compensate the organizer for the loss of trust, i.e. those financial disadvantages which have arisen as a result of trust in the validity of the booking.
B.7 Passport, customs and health regulations
B.7.1 The participant is responsible for informing himself/herself about the valid entry and exit regulations as well as passport, visa, customs, foreign exchange and health regulations and for obtaining passport, visa and health documents. All disadvantages resulting from non-compliance with these regulations shall be borne by the participant,
B.7.2 YOGANECT can provide information in an appropriate manner about entry, passport and visa requirements. The information and notices shall be given without legal obligation.
B.7.3 When the travel agent refers to passport, visa, currency or health regulations for a destination, it is assumed that the participant and the accompanying persons are Luxembourg citizens. If this is not the case, the participant must contact the relevant embassy or consulate independently.
B.7.4 YOGANECT is dependent on the information of third parties regarding these instructions and expressly points out that the regulations can be changed at any time by the authorities. YOGANECT assumes no liability for the correctness, completeness or up-to-dateness of the information provided.
B.8 Limitation periods, statute of limitations
B.8.1 Claims for non-performance of the brokerage contract must be asserted against YOGANECT within one month.
B.8.2 This exclusion period begins with the end of the mediated event service as agreed in the main contract, in case of several consecutive event dates with the end of the last event service. However, this period shall not commence before the participant has become aware of the circumstances giving rise to the claim.
B.8.3 After expiry of this period, the participant may only assert claims against the YOGANECT if he was prevented from observing the deadline through no fault of his own.
B.8.4 The limitation period for claims of the participant against the YOGANECT is one year. The limitation period begins at the end of the year in which the claim arose, and the participant becomes aware of the circumstances giving rise to the claim and the person of the opposing party or could have become aware without gross negligence. The one-year limitation period does not apply to claims of the participant due to injury to life, limb or health or due to damage resulting from an intentional or grossly negligent breach of duty.
The prices offered do not include insurance surcharges. YOGANECT therefore recommends the participant to take out insurance for himself/herself and the persons registered and participating in the event, such as travel cancellation insurance, risk insurance, pecuniary loss insurance, accident insurance, luggage insurance or travel health insurance with return transport from abroad.
B.10 Choice of law, place of jurisdiction
B.10.1 The entire legal and contractual relationship between YOGANECT and the Participant shall be governed exclusively by the substantive law of Luxembourg. The provisions of international agreements, which contain contractually indispensable provisions for the benefit of the Customer, shall remain unaffected.
B.10.2 If the participant is a merchant or legal entity under public or private law or has no general place of residence or business in Luxembourg, the exclusive place of jurisdiction for all disputes arising from the mediation relationship shall be the registered office of YOGANECT in Grevenmacher, Luxembourg.
B.10.3 Should individual provisions of these General Terms and Conditions of Contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of the contract shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions therefore apply accordingly if the contract proves to be incomplete.
B.11 In Addition to our GTC
These supplementary conditions apply in addition to our GTC. Should individual conditions overlap or be repeated, the stricter conditions shall apply.
C Additional conditions for organizers
C.1 Obligations for organizers
C.1.1 The organizer is obliged to inform participants of any existing right of revocation or return and to instruct them accordingly. If there is a legal obligation to make terms and conditions available, the organizer is also obliged to do so.
C.1.2 If an event which was posted on the YOGANECT website in the past or currently is cancelled or changed regarding date, time, number of participants, event location or regarding other essential factors, the organizer shall notify YOGANECT of the corresponding event change immediately upon becoming aware of it.
C.1.3. The Event organizer assures YOGANECT that (i) there is no agreement or other arrangement between the Event organizer and a venue, or the sponsor or operator of a venue, or any third party that prevents or restricts the Event organizer from obtaining the Event Platform Services in accordance with these GTC; (ii) the Event organizer is entitled to enter into this Agreement, including the right to commission YOGANECT with the procurement and sale of Tickets in accordance with these GTC; and (iii) the Event organizer has the right to conduct or market the Event offered on the YOGANECT Web Sites and (iv) to the Event organizer’s knowledge there is no impediment to the conduct of the Event. The organizer undertakes to provide YOGANECT with proof of the assurances made in this clause upon request.
C.1.4 The organizer hereby commissions and authorises YOGANECT, for the duration of this contract, to act as a representative in the name and for the account of the organizer, in the name and for the account of the organizer, to arrange for the event which the organizer organises, plans or otherwise presents to the public via the YOGANECT websites, to negotiate the purchase of participation in the event via the YOGANECT websites, to process payment transactions with the Participants and/or their respective financial institutions and to send the booking confirmations to the Participants.
C.1.5 The organizer agrees that YOGANECT will provide invoices to Participants exclusively in electronic form. Participants will find these in an electronic mailbox on the YOGANECT website.
C.1.6 The payment of sales tax or other taxes arising from ticket sales is the responsibility of the organizer.
C.2 Event prices and fees
C.2.1 The organizer determines the basic price for the event at his own discretion. YOGANECT has no influence on price, performance or tariff changes of the event.
C.2.2 Further fees are due according to the valid price list, for the sale and dispatch of merchandising articles, for additional products and services and in the case of cancellation of brokered events.
C.2.3 If an event is not held for reasons for which YOGANECT is not responsible, the fees for services already provided by YOGANECT shall nevertheless be due.
C.2.4 If fees for services provided by YOGANECT are not listed in the price list, they are shown on the YOGANECT websites when the respective services are used. Unless otherwise stated, the fees shall be charged plus the currently applicable value-added tax.
C.3.1 If the event is cancelled or legitimately returned by the participant due to any other event change, the organizer has to refund the participant within fourteen (14) days the amount already paid by the participant for participation in the event. The organizer authorizes YOGANECT to reimburse the monies to be returned to the Participants in the name and for the account of the organizer.
C.3.2 For the processing of the refund the organizer must pay an additional cancellation fee per participant according to the valid price list to YOGANECT. After the settlement, the organizer will receive an invoice for the fees to be paid, but no later than one (1) year after the original date of the event. YOGANECT is entitled, but not obliged, to issue interim invoices. YOGANECT shall pay to the organizer two-thirds (2/3) of any reimbursement amounts not requested by participants within one (1) year of the originally scheduled date of the event.
C.3.3 YOGANECT undertakes, in the name of and on behalf of the organizer, to reverse the cancellation of an event for the event bookings made via the YOGANECT websites if
(a) YOGANECT is required to do so by law; or
(b) the organizer wishes or permits this.
C.3.4 The organizer authorises YOGANECT in this respect to repay the monies received from participants for the event to them in the name and for the account of the organizer. The organizer must pay an additional cancellation fee per participant according to the valid price list to YOGANECT for the handling of the refund. After the settlement, the organizer receives an invoice for the fees to be paid, at the latest one (1) year after the original date of the event.
C.4 Fraud / abuse protection
C.4.1 YOGANECT has an extensive security system which protects the organizer against chargebacks of their revenues, especially when booking events with credit cards. Due to the fraud protection system, it is possible that in exceptional cases payments may not be accepted by third party payment providers / banks or by the participant’s bank.
C.4.2 If it is suspected that YOGANECT is being misused by the organizer, YOGANECT reserves the right to deactivate the setting option for events and to prevent the event from being arranged. A suspicion of improper use exists in particular if
(a) in the run-up to the event it becomes known that the event is not to take place or is not to take place as announced to the participants;
(b) unlawful or immoral events are to be held;
(c) the chargeback rate for this event is above average; or
(d) information is available which leads to the conclusion that the organizer is not entitled to offer the event.
C.4.3 If the suspicion cannot be cleared after thirty (30) days, YOGANECT reserves the right to reverse the transaction and to refund the participants the money for the respective tickets. In order to process the refund, the organizer must pay YOGANECT an additional cancellation fee per participant in accordance with the valid price list. In the event of a reversal with suspicion of misuse, the organizer does not receive an overview of the paid back fees and no further participant information.
C.5.1 The mediation includes the mediation of travel contracts between the organizer and participants, the consultation of participants and the proper forwarding of the booking to the organizer.
C.5.2 YOGANECT is liable for the proper mediation with the diligence of a prudent businessman.
C.5.3 YOGANECT does not assume any liability for the proper performance of the services of the individual organizers. YOGANECT is neither liable for the availability of the individual event services at the time of booking nor for their provision. The respective organizers are exclusively responsible for the fulfilment as well as for defects of the mediated event. YOGANECT does not assume any liability for service changes of the organizer after conclusion of the main contract.
Claims due to non-contractual fulfilment of the main contract must be asserted against the organizer within one month. This exclusion period begins with the end of the mediated event service agreed in the main contract, but does not begin before the participant has become aware of the circumstances justifying the claim,
C.5.4 The liability of YOGANECT for damages of the participant, for whatever legal reason, is limited to three times the value of the mediated travel service, as far as the damage of the participant was not caused by YOGANECT or a legal representative or vicarious agent of YOGANECT neither intentionally nor grossly negligent and is not based on a violation of essential contractual obligations of the mediator or a legal representative or vicarious agent. This limitation of liability shall also apply if the event broker simultaneously acts as organizer for any damage incurred by the participant solely due to the fault of a service provider. Excluded from this are damages resulting from injury to life, body or health. The agent is liable for this in accordance with the statutory provisions.
C.5.5 An event service is defined as the totality of event services promised in the event contract/main contract which can be performed by the organizer itself or by a vicarious agent (service provider) employed to fulfil its obligations towards the participant.
C.5.6 The contractual liability of the organizer for damages other than personal injury is limited to three times the tour price,
(a) as far as a damage of the participant is caused neither deliberately nor grossly negligently by the organizer or
(b) insofar as the organizer is responsible for any damage incurred by the participant solely due to the fault of a service provider.
C.5.7 The organizer’s liability in tort for damage suffered by the participant is limited to a total of three times the price of the trip, insofar as damage suffered by the participant is caused neither intentionally nor through gross negligence, or insofar as the organizer is solely responsible for damage suffered by the participant due to the fault of a service provider. These maximum liability sums apply to each participant and event.
C.5.8 If an event service to be provided by the organizer is subject to international agreements or statutory provisions based thereon according to which a claim for damages can only be asserted under certain conditions or restrictions, the organizer may invoke these agreements and the statutory provisions based thereon against the Participant.
C.5.9 The liability of the organizer for damages of the participant caused by mediation services of the organizer, for whatever legal reason, is limited to three times the value of the mediated event service, as far as the damage of the participant was neither intentionally nor grossly negligently caused by the organizer or a legal representative or vicarious agent of the organizer and is not based on a violation of essential contractual obligations of the event mediator or a legal representative or vicarious agent. Excluded from this are damages resulting from injury to life, body or health. The organizer shall be liable for this in accordance with the statutory provisions.
C.5.10. The organizer shall not be liable for disruptions to services, personal injury and damage to property in connection with services which are merely brokered as third-party services (e.g. excursions, sporting events, visits to the theatre, exhibitions, transport services to and from the advertised place of departure and destination) if the organizer expressly acts as a broker for these individual services in the event description and the booking confirmation and if the third-party services are clearly identified as such by stating the brokered contractual partner so that they do not constitute a recognisable component of the organizer’s event services for the participant but rather a brokerage service.
In the case of vicarious agents, the organizer shall only be liable in the event of fault if, according to the regulations applicable at the place of performance, these persons have violated their duty of care. He shall only be liable for intent and gross negligence on the part of his vicarious agents. Whether or not there is a lack of travel services depends on the traffic situation at the respective place of performance.
C.5.11. A liability of YOGANECTS remains excluded in the case of impairment or cancellation of the event due to force majeure and other circumstances for which the agent is not responsible. Any additional costs incurred shall be borne by the participant.
C.5.12. Any defects occurring during the trip must be reported to the organizer in writing within a preclusive period of one month after the contractually agreed end of the trip.
C.5.13. The Tour Operator shall be liable irrespective of the individual services provided,
(a) for the conscientious preparation of the event as well as
(b) for services which include transport from the advertised place of departure of the event to the advertised place of destination, intermediate transport during the event and accommodation during the journey,
(c) if and to the extent that the damage caused to the participant was caused by the organizer’s breach of his duty to inform or to organise.
C.5.14. Every participant is obliged to cooperate within the framework of the statutory provisions in the event of a failure to perform, to avoid or minimise any damage and to inform the relevant event management on the spot or the responsible contact person immediately of the failure to perform.
C.5.15. Neither the event manager nor other contact persons on site are entitled to accept any claims at the expense of the organizer or the agent without consulting them.
C.6 Charges, billing, invoicing, terms of payment
C.6.1 The organizer may choose which payment methods offered by YOGANECT (e.g. credit card, direct debit, prepayment, invoice, PayPal) shall be made available to the Participants in order to collect the proceeds through YOGANECT. In accordance with this selection by the organizer, YOGANECT shall collect the payments of the Participants for the Tickets and manage the money collected in this respect in a separate account. The organizer grants YOGANECT a corresponding power of attorney.
C.6.2 YOGANECT shall transfer the money collected pursuant to Clause 4.1, less the fee payable to YOGANECT pursuant to Clause 3.4, as a rule by the 10th day of the following month. YOGANECT reserves the right to deviate from this rule and to retain the income for longer if there is a suspicion of misuse. The transfer of the amounts to be forwarded shall be made to the bank account which is stored in the organizer’s user account in the system of the YOGANECT websites. After transfer of the amounts to this bank account the contract is fulfilled by YOGANECT. YOGANECT reserves the right to pay out money at recurring events even before the event takes place. The organizer does not have any claim to this. YOGANECT does not assume any liability for any charge-back fees due to an incorrect bank account details provided by the organizer and reserves the right to charge these to the organizer. In the case of transfers to account holders outside the European Monetary Union, there may be differences due to possible currency conversions and bank charges on incoming payments. These differences shall be borne by the organizer and shall not be borne by YOGANECT.
C.6.4 The organizer is aware that with certain payment methods (e.g. direct debit or credit card) there is a risk of a chargeback by the participant and that only the organizer must bear this risk. Any chargebacks made after payment has been made to the organizer in accordance with Section 4.2 will be invoiced to the organizer plus a charge for the chargeback in accordance with the applicable price list.
C.6.5 The organizer is obliged to raise objections to the invoices issued by YOGANECT immediately, but no later than four (4) weeks after the invoice has been issued. Otherwise the invoice shall be deemed to have been approved.
C.6.6 The organizer is aware that with certain payment methods (especially “Invoice” and “Prepayment”), invoice amounts of Ticket Buyers may remain unpaid as open items. This risk shall be borne by the organizer. Collection shall be the responsibility of the organizer.
C.7 Content and informations (e.g. images, videos and text)
C.7.5 The organizer is obliged to only post content and information that is true and realistic about the event. The following shall be omitted
(a) Use of images that are misleading and reflect an untruthful environment.
(b) Use of images that infringe the rights of third parties.
(c) Use of insulting or defamatory content, regardless of whether this content affects other users, other persons or companies.
(d) Use pornographic, violent, abusive, immoral or harmful content or advertise, offer and/or distribute pornographic, violent, abusive, immoral or harmful goods or services.
(e) 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.
(f) Use of images containing text, logos, trademarks or other content.
C.8 In Addition to our GTC
These supplementary conditions apply in addition to our GTC. Should individual conditions overlap or be repeated, the stricter conditions shall apply.
E Additional conditions for the use of the streaming service
Within the streaming platform YOGANECT offers its users (hereinafter referred to as “subscriber”, “member” or “customer”), the possibility to play classes, teaching units, workshops, online readings and other digital yoga and meditation formats. Some options are available free of charge, others require payment before you can access them. We may also offer special promotions, memberships or services, including offers of third-party products and services in conjunction with YOGANECT streaming service or other web services.
E.1 Health requirements
E.1.1 Please note that not all exercises are suitable for every subscriber. You should consult a physician before engaging in any physical activity. To reduce the risk of injury, avoid overuse and jerky movements during the practicing of these videos. The exercises are not a substitute for medical examination or treatment. Please do not use the streaming service if you feel e.g. considerable pain, general discomfort, shortness of breath, nausea or dizziness. If so, please consult your doctor.
E.2 Use and conclusion of contracts for streaming services
Alternatively, you can log in using your Facebook account. In this case, the registration process is complete when you have entered your Facebook account details and then click on the “Confirm” button.
E.2.2 The streaming platform offers you “free services” (“Week pass”) and “fee-based additional services” (“Shuffle”). Free services are streaming offers or trial subscriptions that are available to you free of charge for a specific or unlimited period. Chargeable services are additional services such as a monthly subscription, which you can purchase via our website www.yoganect.com. The contract is concluded when you click on the “Buy Now” or “Subscribe” field or a comparable field and have successfully entered your payment information.
E.2.3 From time to time, we or third parties on our behalf may offer paid subscriptions for a trial period free of charge or at a reduced price (“Trial Subscription”).
For some trial subscriptions, we will ask you to provide your payment details in order to start the trial subscription. By providing your payment details, you agree that we may charge you for the subsequent paid subscription automatically on a monthly basis, or in any other period we may notify you of in advance, from the first day after the trial subscription expires. IF YOU DO NOT WISH TO PAY THE FEE, YOU MUST CANCEL THE RELEVANT PAID SUBSCRIPTION BEFORE THE TRIAL SUBSCRIPTION EXPIRES BY CLICKING HERE IF YOU HAVE REGISTERED FOR THE TRIAL SUBSCRIPTION VIA YOGANECT; IF YOU HAVE RECEIVED YOUR TRIAL SUBSCRIPTION VIA A THIRD PARTY, YOU SHOULD IDEALLY CANCEL THE RELEVANT PAID OFFER DIRECTLY VIA THE THIRD PARTY.
E.2.4. Our subscriptions run for one calendar month at a time. They are automatically extended after the end of the booked calendar month until you or we cancel.
E.3 Cancellation policy
E.3.1 You have the right to revoke a concluded contract within fourteen days without giving a reason. The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, YOGANECT S.A., Op der Heckmill 31, 6783 Grevenmacher, Luxembourg, e-mail: firstname.lastname@example.org, of your decision to withdraw from this contract by means of a clear declaration (e.g. an e-mail or a letter sent by post). You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
E.3.2 If you cancel this agreement, we will refund all payments received from you immediately and no later than fourteen days from the date we received notice of your cancellation of this agreement. We will use the same payment method for this refund as you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged for this refund.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of your wish to exercise your right of withdraw in respect of this agreement in relation to the total services provided in the agreement.
Your right of withdrawal will expire prematurely if we have provided the Service in full and have commenced to provide the service only after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we perform the contract in full.
E.4 Pricing and subscription models
E.4.1 Our prices may vary from country to country. If you decide to subscribe for a YOGANECT streaming service, the price displayed on our website or a website of on official partner will count for you.
E.4.2 Please sufficiently yourself on information from YOGANECT’s websites (e.g. www.yoganect.com) about the current price and subscription models and the services and content included. All prices quoted are inclusive of the applicable value added tax.
E.4.3 We reserve the right to adjust the prices as we see fit. New pricing will affect existing subscribers no shorter than 28 days after notification, so they can cancel their subscription before it is automatically renewed.
E.5 Collection of fees
E.5.1 The fees for a subscription shall be collected in advance upon conclusion of the contract for the respective minimum term of one month. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the respective renewal period.
E.5.2 If you book a YOGANECT streaming service using payment via our websites, you will find a list of the currently accepted payment methods in the order process, from which you can select the appropriate payment method. If a payment is rejected and you are responsible for this (e.g. because the account is not covered, or the credit card limit has already been exhausted), we are entitled to charge you for the costs and/or expenses incurred in the actual amount.
E.5.3 We reserve the right not to offer certain means of payment and to refer to other means of payment if there is a justified reason for doing so.
E.5.4 We reserve the right to assert any claims that may arise in the event of default in payment.
E.6 Responsibility for contents and services
E.6.1 The content of the YOGANECT streaming service, in particular videos, are made available by third parties. We try to design our applications in such a way that this aspect is easily recognizable for you. We also link to websites and apps of the respective third-party providers. For all these third-party content and/or services, the respective terms and conditions and regulations of these third-party providers apply. We expressly assume no responsibility for the content and/or services and are not liable for them. You must ensure that you do not violate any of these third-party terms and conditions.
E.6.2 The YOGANECT streaming service are integrated or may interact with third party applications, websites and services (“Third Party Applications”) and third-party devices to provide the services to you. These third-party applications and devices may be subject to their own terms and conditions and privacy policies that govern your use of these third-party applications and devices. YOGANECT does not warrant the compatibility or continued compatibility of the third-party applications and devices with the YOGANECT streaming service.
E.7 Your Rights
E.7.1 YOGANECT and/or the licensors of YOGANECT are the sole owners of all rights to the YOGANECT streaming service and/or content. We grant you a limited, non-exclusive, revocable right to use the YOGANECT streaming service and a limited, non-exclusive, revocable right to use the Content for personal, non-commercial purposes (collectively, “Access”). Such access will continue unless and until terminated by you or YOGANECT. You represent and warrant that you will use the YOGANECT streaming service and the content for your own personal, non-commercial purposes and will not redistribute or transmit the YOGANECT streaming service or the content.
E.8 Liabilities and warranty
E.8.1 The statutory provisions shall apply to claims based on defective services. Your rights as a customer and user remain unaffected.
E.8.2 We make no assurances or guarantees that the desired training goal or any other result will be achieved by using the respective YOGANECT streaming service.
E.8.3 Within the platform of our streaming service, you will be shown exercise instructions from third parties (e.g. for certain exercises and trainings). It is imperative that you follow these instructions, otherwise there is a risk of injury or health problems. The third-party provider is responsible for the proper exercise instructions.
E.8.4 If you use aids or devices for the exercises, you are solely responsible for ensuring that these aids and/or devices function properly and have been installed or set up.
E.8.5 You are obliged to observe our and generally known health instructions.
E.8.6 In the case of streaming service rendered free of charge, we shall be liable, irrespective of the legal basis, exclusively for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In the case of intent, we shall in principle be liable without limitation. In the case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.
E.8.7 In the case of services rendered against payment, we shall be liable, irrespective of the legal grounds, for damages due to intent and gross negligence or the absence of a guaranteed characteristic without limitation.
If we violate an essential contractual obligation due to slight negligence, our liability is limited to the typical, foreseeable damage. It is essential to note that any obligation which is necessary for the fulfilment of contractual purposes and on the fulfilment of which you as a user could have relied is notable.
Our liability for any injury to life, body or health for which we are responsible shall remain unaffected by the limitations.
E.8.8 In all other respects our liability is excluded. Limitations of liability shall also apply in favour of our employees and agents.
E.8.9 Claims under the product liability act shall remain unaffected by the exclusions or limitations of liability.
E.8.10 We shall not be liable for damages due to loss of data if the damage could have been prevented if you had made back-up copies at reasonable intervals.
E.8.11 YOGANECT assumes no liability for errors in the area of data transmission. YOGANECT makes every effort to ensure the greatest possible availability of its service via the Internet but cannot guarantee constant flawless availability for technical reasons (server backup, maintenance, etc.). Business interruptions are possible. Accordingly, no liability can be accepted for damages resulting from temporary unavailability or limited availability. YOGANECT assumes at least 90% availability of its service on an annual average. Excluded from this are times in which the web server cannot be reached via the Internet due to technical or other problems beyond the control of YOGANECT (force majeure, fault of third parties, etc.).
E.8.12 Any other liability of YOGANECT, for whatever legal reason, is limited to the amount of the contributions actually paid by the subscriber claiming / claiming recourse.
E.9 Commercial use
The unauthorized commercial use of the offer or the streaming service of YOGANECT is not permitted and will be pursued legally. The reference to goods and services of other Internet or other providers, whether commercial or private in nature, is not permitted.
All publications and otherwise content made available by a subscriber must have a private character, i.e. they may not aim at the achievement of a material profit. YOGANECT reserves the right to delete commercial or otherwise unauthorized contents immediately and to claim damages. The assertion of this claim for damages does not affect any further rights of YOGANECT.
E.10 Technical requirements and notes
E.10.1 To use the YOGANECT streaming service you will need
- a current Internet browser (Chrome or Mozilla Firefox)
- a current version of the Flash Player plugin from Adobe
- a broadband Internet connection. This may incur additional costs for the user.
E.10.3 The YOGANECT website can also be accessed using Tablet PCs. Video playback problems may occur in rare individual cases. Then please contact our support.
E.11 In Addition to our GTC
These supplementary conditions apply in addition to our GTC. Should individual conditions overlap or be repeated, the stricter conditions shall apply.