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.