General Terms and Conditions YogaEasy
Preamble
YogaEasy GmbH, Hoheluftchaussee 95a, 20253 Hamburg (hereinafter referred to as YogaEasy), operates an online yoga studio under the Internet address www.yogaeasy.com, whose members can practice yoga with high-quality instruction videos, inform themselves about yoga in the magazine and exchange ideas in forums. With our YogaEasy apps, currently available for iOS and Android, there is also a convenient usage option for other end devices (mobile phones, SmartTVs).
Table of contents:
1. Validity of the general terms and conditions/data protection
5. Use of our offer without membership
7. Storage of the contract text
8. Cancellation policy for YogaEasy subscribers (except for in-app purchases)
11. Communication contributions of the participants
14. Technical requirements and notes
17. Participation in dispute resolution procedures for consumers / online dispute resolution
18. Legal validity of the General Terms & Conditions
1. Validity of the general terms and conditions
The following terms and conditions apply to all business areas of YogaEasy, except for the courses of the YogaEasy Academy (their terms and conditions can be found here). The services and offers of YogaEasy (except offers of the YogaEasy Academy) towards the participants are exclusively based on these General Terms and Conditions (GTC). In the case of in-app purchases, the terms and conditions and/or terms of use of the respective app store also apply.
The prerequisite for participation in YogaEasy is the conclusion of a - usually - paid membership (hereinafter also: subscription). For this you must be at least 18 years old.
You can purchase your YogaEasy subscription both via our website and as an in-app purchase within the YogaEasy app, which can be downloaded free of charge from the usual app stores. You can choose between YogaEasy memberships of different lengths (at different prices).
Regardless of whether you purchase your YogaEasy subscription via our website or as an in-app purchase, you can then make full use of our offer via any available platform (web, mobile phone or Fire TV). The scope of our offer (i.e. the availability of individual features) may vary slightly depending on which of these platforms you use to access our offer.
In order to purchase a YogaEasy subscription via our website, you must first register at our website once, which can also be done by e-mail or via your Facebook, Apple or Google account. By completing and submitting the registration form, you are submitting an offer to take out a membership under the conditions you have selected. With the activation of the full scope of services of the selected membership YogaEasy declares the acceptance of the contract and thus the conclusion of the (fee-based) membership. This usually takes place immediately after receipt of the full payment of your membership fee.
When concluding subscriptions by means of an in-app purchase, the contract is concluded with the respective provider of the AppStore and in accordance with their terms and conditions of use. This provider is then your contractual partner for your membership with us.
YogaEasy regularly offers the possibility of free trial memberships, partly via cooperation partners. The use of a trial membership also requires registration with YogaEasy (see above). In this case we need your e-mail address and a password of your choice. By activating the access to the selected trial subscription, YogaEasy declares the acceptance of the contract and thus the realisation of the (free) membership. You can now use the full offer of your chosen trial subscription free of charge for the trial period granted. At the end of the trail period, your membership will automatically be converted to a regular membership unless you cancel within your trial period.
5. Use of our offer without membership
Even without a membership, you can freely access various content on www.yogaeasy.com and via the YogaEasy app. This includes the articles in our "Yoga-Mag", but also video interviews, teasers of videos or complete asana tutorials.
Please note that not all exercises are suitable for every participant. You should consult a doctor before starting any physical activity. To minimise the risk of injury, avoid overexertion and jerky movements. The exercises do not replace a medical examination or treatment. Please note further possible restrictions for women who are pregnant or menstruating.
7. Storage of the contract text
We save the text of the contract and send you your order details by email. You can find our terms and conditions at www.yogaeasy.com/terms-conditions. You can view your order data at any time during the term of your subscription in the protected subscriber area.
If you purchase your subscription via an app store, please follow the instructions of the respective provider.
8. Cancellation policy for YogaEasy subscribers (except for in-app purchases)
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Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of cancellation, you must inform us, YogaEasy GmbH, Hoheluftchaussee 95a, 20253 Hamburg, phone: +49 40 41 49 83 22, email: [email protected], of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the service should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
Your right of cancellation shall expire prematurely if we have provided the service in full and have only started to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of cancellation if we fulfil the contract in full.
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The participation fee and any reductions and discounts are based on the current prices on our website. They are displayed clearly and transparently online when you select your subscription and before you place your order. If VAT is included, this will be indicated in the offer on the website. For in-app purchases, the prices can be found in the respective AppStore.
Offers made by YogaEasy in advertising materials such as adverts, brochures, emails, etc. are all subject to change and non-binding, including with regard to any price information provided.
Participation fees are generally charged in advance, unless otherwise stated in the offer. YogaEasy is released from the obligation to provide any service in case of missing or incomplete payment by the participant.
If the participation fees for our subscriptions change, we will inform you in advance. Changes of fees or other changes to the subscription will only take effect from the date of contract renewal.
The following applies to contracts concluded directly with YogaEasy (i.e. not via AppStores):
Payment is possible by credit card, Paypal or direct debit. Cheques or credit card payments are only accepted on account of performance. Costs for chargebacks in the direct debit procedure shall be borne by the participant. The same applies to costs resulting from a rejection of payment by credit card companies.
For some payment methods, the service provider may charge you certain fees, such as foreign transaction fees. Please check with your payment method service provider for details.
10. Use of the videos / copyright protection
All YogaEasy videos are protected by copyright and are intended exclusively for private use. Any use beyond this, e.g. unauthorised reproduction, public presentation, broadcasting or other commercial use, is prohibited and will be prosecuted under criminal and civil law.
All other content (images, texts, course materials, etc.) on our website are also protected by copyright. Any unauthorised use, e.g. unauthorised duplication, distribution, making available to the public, reproduction or other commercial use, is prohibited and will be prosecuted under criminal and civil law.
11. Communication contributions by participants
You are solely responsible for the legal harmlessness of the texts, images, film and sound recordings as well as links (in short: communication contributions) provided by you within the framework of the YogaEasy offer.
The communication contributions submitted by you must be free of third-party rights that may prevent publication or other use within the scope of the YogaEasy offer. They are excluded from publication if they violate applicable law, these General Terms and Conditions or common decency.
In the interest of the community of participants, insults, sexually explicit content, depictions of violence, threatening or discriminatory statements or depictions relating to race, gender, religion, nationality, disability, sexual orientation or age or other content that violates applicable law are also not permitted. This also applies to links to Internet pages with corresponding content. In all your actions you must respect the rights of third parties, in particular their intellectual and/or industrial property rights.
If claims are made against YogaEasy by third parties due to an action or omission for which you are responsible in the above-mentioned areas of responsibility, YogaEasy will make a claim against you for all damages incurred by YogaEasy as a result.
YogaEasy reserves the right, with regard to the interests of the community of participants as well as to the legal regulations, to reject a participant who is strongly suspected of having seriously violated the above rules without giving further reasons, to exclude him from further use of the YogaEasy offer (in particular also to make use of the possibility of cancelling an existing subscription without notice), as well as to partially or completely delete
12. a. Cancellation (for contracts concluded by 28 February 2022)
Subscriptions can be cancelled for the first time at the end of the contractually agreed term. If a subscription is not cancelled in time, it will be automatically renewed at the end of the term at the regular price for the respective period for which it was concluded, e.g. a 6-month subscription for a further 6 months.
The following applies to subscriptions taken out via the YogaEasy website:
Cancellation is deemed timely if it is received by us by the end of the penultimate day of validity of the subscription. The cancellation can be made online, by using the corresponding function in the subscriber area ("My Account") or in writing by email to [email protected].
The following applies to subscriptions that were concluded as in-app purchases:
For technical reasons, subscriptions concluded as in-app purchases can only be cancelled via the respective app store. Further details, in particular regarding the cancellation periods to be observed, can be found in the terms of use.
Right to extraordinary cancellation
The right to extraordinary cancellation for good cause remains unaffected. Reference is made to YogaEasy's extraordinary right of cancellation in accordance with section 11 of these General Terms and Conditions.
12. b. Termination (for contracts concluded from 01 March 2022)
Subscriptions can be cancelled for the first time at the end of the contractually agreed term (minimum term). If a subscription is not cancelled in due time, it will be automatically renewed at the regular price for an indefinite period of time at the end of the minimum term.
The following applies to subscriptions taken out via the YogaEasy website:
After the minimum term has expired, a debit will be made for a further billing period corresponding to the minimum term, e.g. in the case of a 6-month subscription for a further 6 months (at the regular 6-month price). The subscription runs indefinitely after the minimum term has expired and can then be cancelled at any time with one month's notice. Any i.e. they must not be intended to generate material gain. In the case of commercial or overpayments will be refunded immediately.
The cancellation can be made online, by using the corresponding function in the subscriber area ("My Account") or in writing by email to [email protected].
The following applies to subscriptions that were concluded as in-app purchases:
For technical reasons, subscriptions concluded as in-app purchases can only be cancelled via the respective app store. Further details, in particular regarding the cancellation periods to be observed, can be found in the terms of use.
Right to extraordinary cancellation
The right to extraordinary cancellation for good cause remains unaffected. Reference is made to YogaEasy's right to extraordinary cancellation in accordance with section 11 of these General Terms and Conditions.
Unauthorised commercial use of the YogaEasy offer or services is not permitted and will be prosecuted. The reference to goods and services of other Internet or other providers, whether commercial or private, is not permitted.
All publications and other content made available by you must be of a private nature, otherwise unauthorised content, YogaEasy reserves the right to delete it immediately and to claim damages. The assertion of this claim for damages does not affect any further rights of YogaEasy.
14. Technical requirements and notes
To use the YogaEasy website you need
- a current Internet browser
- a broadband internet connection. This may incur additional costs.
Your Internet browser must also allow the use of JavaScript and cookies.
In rare individual cases, video playback problems may occur. In this case, please contact our support team.
The technical requirements for using the YogaEasy app can be found in the instructions in the respective app store.
Since YogaEasy has no influence on the transport of data over the Internet outside the YogaEasy server and due to the peculiarities and uncertainties of the Internet, YogaEasy cannot assume any liability for errors in the area of data transmission.
YogaEasy endeavours to ensure the widest possible availability of its service via the Internet, but for technical reasons (server backup, maintenance, etc.) cannot guarantee constant perfect availability. Service interruptions are possible. Accordingly, no liability can be accepted for damages resulting from temporary unavailability or limited availability. YogaEasy assumes at least 99% availability of its services 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 that are beyond YogaEasy's control (force majeure, fault of third parties, etc.).
Any other liability of YogaEasy, regardless of the legal grounds, is limited to the amount of the contributions actually paid by the participant claiming recourse. Further claims for compensation are excluded, unless caused intentionally or through gross negligence by YogaEasy employees. This also includes liability for material and immaterial (consequential) damages caused by the inadvertent or technically caused incorrect transmission of data. The above exclusion of liability as well as the limitation of liability does not affect the liability for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by YogaEasy or an intentional or negligent breach of duty by a legal representative or vicarious agent of YogaEasy as well as for other damages based on a grossly negligent breach of duty by YogaEasy or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of YogaEasy.
YogaEasy expressly dissociates itself from all contents of linked pages or graphics and does not adopt them as its own.
17. Participation in dispute resolution procedures for consumers / online dispute resolution
YogaEasy is happy to participate in dispute resolution proceedings before a consumer arbitration board.
The EU Commission provides an internet platform for online dispute resolution (so-called "ODR platform"). The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr
18. Legal validity of the General Terms & Conditions
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. We will notify you of updated versions of the GTC by e-mail. You have the right to object to the new version within six weeks. In the event of an objection, the changes to the updated version shall be deemed not to have been accepted.
These General Terms & Conditions apply with effect from 20/06/2023 until further notice.