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YOGARENA Terms of Service
Code of Good Practice
Terms of Service
2. Scope and Nature of Service
3. Use of Website
4. Free of Charge for Customers
5. User Payments
6. Cancellation, No-shows, Fine Print and Refund
7. Yoga Provider’s Fee and Payment
9. Correspondence and Communication
11. Customer Reviews
12. Suspension, Termination and Account Cancellation
13. Copyright and Trademark
Code of Good Practice
YOGARENA’s mission is to empower people, from those who try yoga for the first time to those of advanced levels, to discover, book and enjoy all kinds of yoga classes wherever they go in the world.
We strive to make joining yoga experiences most convenient for our customers and in order to achieve this goal, we live up to the following good practices:
We provide you with a variety of yoga experiences and constantly grow our supply for you to travel and do yoga wherever you go
We offer a platform that lets you easily compare yoga classes, studios and teachers
We provide you with accurate information and updated and reliable schedules
We offer you best prices
Our platform will enable you to make a seamless and fast bookings
We offer secure online payment for you
Both, your booking and payment will be confirmed instantly via email
We guarantee your spot once booked through our platform
We show uncensored reviews of our customers who have attended the yoga experience
Terms of Service
“YOGARENA", "us", "we" or "our" means YOGARENA PTE LTD, a private limited company incorporated in Singapore, having its registered address at One Raffles Place, Tower 1, #44-01A, Singapore 048616.
"Platform" or “Site” means the (mobile) website on which the Yoga Experience is made available owned, controlled, managed, maintained and/or hosted by YOGARENA.
“User” or “Customer” means the individual who purchases a Yoga Experience through the Platform.
"Yoga Experience" means the various different yoga products and services (for example, but not limited to group classes, private classes, workshops, events) that can be ordered, purchased, bought, paid, booked, joined, attended, reserved, by the customer from the Yoga Provider.
"Yoga Provider" means the professional provider (e.g. yoga teacher, yoga studio) of a yoga experience (e.g. group classes, private classes, workshops, events) and any other yoga related product or service as from time to time available for reservation on the Platform (whether B2B or B2C).
"Reservation" means the order, purchase, payment or booking of a Yoga Experience.
2. Scope and Nature of Service
Through the Website, we (YOGARENA PTE LTD) provide an online platform through which Yoga Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and services for order, purchase, reservation, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment. By using or utilizing the Platform’s service (e.g. by making a Reservation through the Website), the User enters into a direct (legally binding) contractual relationship with the Yoga Provider with which the User makes a reservation or purchases a product or service (as applicable). From the point at which the User makes a Reservation, we act solely as an intermediary between the User and the Yoga Provider, transmitting the relevant details of the Reservation to the relevant Yoga Provider(s) and sending the User a confirmation email for and on behalf of the Yoga Provider. YOGARENA does not (re)sell, conduct, offer any (yoga) product or service.
When rendering our Service, the information that we disclose is based on the information provided to us by Yoga Providers. As such, the Yoga Providers that market and promote their Yoga Experience(s) on the Platform are given a direct contact through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Yoga Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Yoga Provider (or its facilities, skills, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, products or services available on our Platform for any commercial or competitive activity or purpose.
3. Use of Website
We will create a YOGARENA account and a YOGARENA account profile page for the Customer’s and Yoga Provider’s use of the Website based upon the information provided to us. Each individual may not have more than one (1) active YOGARENA account. The User as well as the Yoga Provider agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate a YOGARENA account and access to the Website and Services if more than one (1) YOGARENA account was created or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. The User as well as the Yoga Provider are responsible for safeguarding their password and will agree not to disclose the password to any third party and will take sole responsibility for any activities or actions under the respective YOGARENA account, whether or not such activities or actions have been authorized. The User as well as the Yoga Provider will immediately notify YOGARENA of any unauthorized use of their YOAGRENA account.
Yoga Provider Registration
As a Yoga Provider, during the registration process, YOGARENA will need a scanned image of the Passport and/or Identification Card (for individual Yoga Teachers) or the company incorporation document (for e.g. Yoga Studios). Unless the same has not been provided, registration as a Yoga Provider with YOGARENA will be deemed incomplete.
As a registered Yoga Provider, you may, through a YOGARENA representative create Yoga Experiences on the Platform. To create Yoga Experiences, you will be asked to provide a variety of information to be shown on the Website, including, but not limited to, teacher or studio name, location, description, class/event/workshop schedule with exact timings, duration, level, type of yoga, facilities, add-ons, pricing/rates/fees related rules and financial terms. In order to be featured on the Website and Services, all Yoga Experiences must have valid physical addresses. Yoga Experiences will be made publicly available on the Website and Services. Users will be able to book the Yoga Experience through the Website and Services based upon the information provided by the Yoga Provider and shown on the Platform. The Yoga Provider understands and agrees that once a User books a Yoga Experience, the Yoga Provider may not request the User to pay a higher price than as mentioned on the Platform.
Display of Yoga Experience(s)
The Yoga Provider acknowledges and agrees to be responsible for any and all Yoga Experiences that YOGARENA displays on the Yoga Providers behalf. Accordingly, the Yoga Provider represents and warrants that any Yoga Experience displayed and the booking of, or a User’s experience at, a Yoga Experience displayed by YOGARENA on the Yoga Provider’s behalf (i) will not breach any agreements the Yoga Provider may have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Yoga Experiences displayed by YOGARENA on the Yoga Provider’s behalf (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Yoga Provider's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Yoga Experience for any reason, including Yoga Experiences that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services or Users.
The Yoga Provider understands and agrees that YOGARENA does not act as an insurer or as a contracting agent. If a User reserves a Yoga Experience, any agreement the Yoga Provider enters into with such User is between the Yoga Provider and the User, YOGARENA therefore is not a party.
Any Yoga Experience booked from the Platform grants the purchasing User of such Yoga Experience a one-time right to participate in the specific related Yoga Experience displayed on the Platform and represented by the email confirmation of such Yoga Experience to be provided by the Yoga Provider who posted the Activity on the Platform. Presentation of an original email confirmation (any copy of such confirmation shall not grant a right of participation in the Yoga Experience) to a Yoga Provider at the Yoga Experience represented by such email confirmation shall be a requisite for participation in any Yoga Experience. The Yoga Provider may request to see the Yoga Experience purchaser's identification before allowing him/her to participate in the Yoga Experience. The email confirmation shall grant its purchaser a limited contractual right against the Yoga Provider, subject to the Yoga Provider's contractual obligations to YOGARENA, but in no event, shall the email confirmation grant any contractual rights to the purchasing user against. Any email confirmation shall be valid only for a specific Yoga Experience on a specific date represented by such an email confirmation and stated upon the sale of the Yoga Experience. An invalid email confirmation, including an unused invalid email confirmation, shall grant no right whatsoever, including without limitation no right to a refund of any sort and no right of participation in any following Yoga Experience. The purchasing User is solely responsible for attending the Yoga Experience on its validity date. Unless explicitly stated to the contrary by YOGARENA or the Yoga Provider, Yoga Experiences cannot be purchased using any discount or coupon of any sort or through a sale of any sort. Yoga Experiences may also be offered by Yoga Providers for no purchase price. In addition to and without derogating from the Disclaimer sections of these Terms of Service, YOGARENA and the Yoga Provider shall not be liable to any theft or loss of an email confirmation. Any attempt to use the email confirmation in contradiction to these Terms of Service shall immediately invalidate the email confirmation.
4. Free of Charge for Customers
Unless indicated otherwise, our service is free of charge for Customers because, unlike many other parties, we will not charge the Customer for our Service or add any (reservation) fees to the Yoga Experience rate. The Customer will pay the relevant amount as indicated in the Yoga Experience Reservation by the Yoga Provider (plus - insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)). Yoga Providers pay a commission (being a small percentage of the product/service price (e.g. group classes, private classes, workshops, events)) to YOGARENA after the end user has consummated the service or product of the Yoga Provider (e.g. after the customer has attended (and paid) the Yoga Experience).
5. User Payments
A User shall be required to provide payment details (acceptable means of payment on the Site are credit card, debit card, payment through PayPal account and other means YOGARENA may approve from time to time; all such payment means shall be referred to as "Credit Card" and all details of such payment means shall be referred to as "Credit Card Details") in order to complete the purchase of a Yoga Experience (unless the Yoga Experience is for free).
Each User represents that the details entered during the registration process are its own details, that they are correct and complete and that the Credit Card Details provided are those of a Credit Card that belong to the User. YOGARENA and the Yoga Provider shall have the right to cancel any offer for a Yoga Experience which does not contain all of the details required by YOGARENA to affect such purchase or which contains any false details (including false registration details). Knowingly providing false details is a criminal offense, and YOGARENA, or the applicable Yoga Providers who have relied on such details shall have the right to take legal action against a User who has provided false details. The time of receipt of offer to purchase a Yoga Experience by the YOGARENA servers shall be the determining time of offer for such offer for any purpose and a log of such offer on the YOGARENA servers shall constitute crucial evidence of such time of offer. Each Yoga Experience shall be offered for a certain time period as specified on the Site, however Yogarena retains the right to change such sale period. The sale of a Yoga Experience on the Site may be limited to a certain number of purchasers, all as specified on the Site.
YOGARENA serves as the limited authorized payment collection agent of the Yoga Provider for the purpose of accepting, on behalf of the Yoga Provider, payments from Users of such amounts stipulated by the Yoga Provider (including other fees and/or taxes). The price of a Yoga Experience may be changed by the Yoga Provider at its own discretions such that different Users may have purchased the same specific Yoga Experience at different prices.
If applicable and available, certain Yoga Providers offer the opportunity for Yoga Experience Reservations to be paid (wholly or partly and as required under the payment policy of the Yoga Provider) to the Yoga Provider directly on the day of and physically at the Yoga Experience (offline).
Once a User clicks the "Book Now" icon and completes the related purchase procedures (amongst others providing payment details) such User shall have made an offer to enter into an agreement with the Yoga Provider to purchase the Yoga Experience represented by the Email Confirmation, subject to any condition YOGARENA or the Yoga Provider has made in these Terms of Service, the Yoga Experience page on the Site or on the Email Confirmation itself.
YOGARENA does not ensure that any offer by a User to purchase a Yoga Experience shall be accepted, including in the event Yoga Experiences are available and that offers from other Users have been accepted. In the event of a contradiction between an Email Confirmation, a Yoga Experience page or any other page on the Site and these Terms of Service in regards of the terms relating to a Yoga Experience, YOGARENA shall determine the prevailing term.
6. Cancellation, No-shows, Fine Print and Refund
By making a Yoga Experience Reservation with a Yoga Provider, the User accepts and agrees to the relevant cancellation and no-show policy of that Yoga Provider, and to any additional (delivery) terms and conditions of the Yoga Provider that may apply to the Yoga Experience (including the fine print of the Yoga Provider made available on our Platform and the relevant house rules of the Yoga Provider), including for services rendered and/or products offered by the Yoga Provider. The relevant terms and conditions of a Yoga Provider can be obtained with the relevant Yoga Provider.
The general cancellation and no-show policy of each Yoga Provider is made available on our Platform on the Yoga Provider’s page, during the reservation procedure and in the confirmation email. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. The User agrees to check the (reservation) details of the Yoga Experience of choice thoroughly for any such conditions prior to making the reservation. Cancellation and no-show policies may vary per segment, product or service of each Yoga Experience. The User acknowledges to carefully read the fine print (at the bottom of each Yoga Provider page on our Platform) and important information in the reservation confirmation email for additional policies as may be applied by the Yoga Provider. The User shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Yoga Provider agrees or allows otherwise under its (pre)payment and cancellation policy. If the User wishes to review, adjust or cancel the Yoga Experience Reservation, the User shall revert to the confirmation email and follow the instructions therein. The User may be charged for the cancellation in accordance with the Yoga Provider's cancellation, (pre)payment and no-show policy or not be entitled to any refund of any (pre)paid amount. We recommend that the User reads the cancellation, (pre)payment and no-show policy of the Yoga Provider carefully prior to making the reservation. All refunds made to the User will be charged with a fee of S$1.5.
If the User is late for the Yoga Experience, he/she has to make sure to (timely/promptly) communicate this with the Yoga Provider so they know when to expect the User to avoid cancellation of the Yoga Experience (Reservation) or charge of the no-show fee. The Yoga Provider shall inform YOGARENA of any no-show within 2 (two) days of the Yoga Experience.
YOGARENA does not accept any liability or responsibility for the consequences of the Users delayed attendance or any cancellation or charged no-show fee by the Yoga Provider.
If a Yoga Provider cancels a Yoga Experience with an active/confirmed reservation made via the Platform and Services, YOGARENA will refund the total fees for such Yoga Experience Reservation to the applicable User within a commercially reasonable time of the cancellation. In such case the Yoga Provider will pay a fixed penalty fee of 16% to YOGARENA.
7. Yoga Provider’s Fee and Payment
YOGARENA charges Yoga Providers a fee starting from 16% (plus VAT if applicable) of the proceeds from any purchased Yoga Experience of such Yoga Provider ("YOGARENA’s Commission"). YOGARENA shall not charge such a commission to a Yoga Provider for a free Yoga Experience unless it has notified the Yoga Provider in advance to the contrary.
For each Yoga Experience, YOGARENA shall calculate the amount of the proceeds net of YOGARENA's commission, any refunds due to cancellations (by either a User who has purchased a Yoga Experience to such Yoga Providers or by the Yoga Provider), credit clearing expenses and any other clearing expenses that may apply (the "Net Amount"). YOGARENA's calculation of the Net Amount shall be final and the Yoga Provider shall have no claims in regards of the Net Amount's value. The Net Amount of a Yoga Experience may be paid to the Yoga Provider by the 15th of every month, the following month in which the Yoga Experience was held. The payment of the Net Amount shall be made by any means YOGARENA so chooses.
If a certain Yoga Provider offers the opportunity for Yoga Experience Reservations to be paid (wholly or partly and as required under the payment policy of the Yoga Provider) to the Yoga Provider directly on the day of and physically at the Yoga Experience (offline), YOGARENA shall calculate YOGARENA’s Commission, any refunds due to cancellations (by either a User who has purchased a Yoga Experience to such Yoga Providers or by the Yoga Provider), credit clearing expenses and any other clearing expenses that may apply (the "Net Commission"). YOGARENA's calculation of the Net Commission shall be final and the Yoga Provider shall have no claims in regards of the Net Commission's value. The Net Commission of a Yoga Experience may be paid by the Yoga Provider to YOGARENA by the 15th of every month, the following month in which the Yoga Experience was held. The payment of the Net Commission shall be made by any means YOGARENA so chooses.
The Yoga Provider is solely responsible for the payment of any tax related to payment received from YOGARENA and shall indemnify YOGARENA for any payment or charge made by YOGARENA in connection with such taxes. YOGARENA is entitled to withhold any taxes pursuant to applicable law.
By uploading photos/images/videos onto our Platform and/or Social Media Channels the User as well as the Yoga Provider certifies, warrant and agrees that they own the copyright to the photos/images/videos and that they agree that YOGARENA may use the uploaded photos/images/videos on its (mobile) Website and in (online/offline) promotional materials and publications and as YOGARENA at its discretion sees fit. The User as well as the Yoga Provider is granting YOGARENA a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images/videos as YOGARENA at its discretion sees fit. By uploading these photos/images/videos the person uploading such accepts full legal and moral responsibility of any and all legal claims that are made by any third parties due to YOGARENA publishing and using these photos/images/videos.
YOGARENA does not own or endorse the photos/images/videos that are uploaded. The truthfulness, validity and right to use of all photos/images/videos is assumed by the person who uploaded such, and is not the responsibility of YOGARENA. YOGARENA disclaims all responsibility and liability for the pictures/videos posted. The person who uploaded the photo/image/video warrants that such shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image/video that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by YOGARENA at any time and without prior notice.
YOGARENA may offer Yoga Providers the option of having photographers or YOGARENA representatives take photographs and/or videos of their Yoga Experience. All images, materials and content created by these photographers provided by YOGARENA or YOGARENA representatives, including images, constitute YOGARENA Content. The Yoga Provider agrees that YOGARENA retains its right to and may use these images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to the Yoga Experience or otherwise, without further notice or compensation and as YOGARENA at its discretion sees fit.
9. Correspondence and Communication
By completing a Yoga Experience Reservation, the User agrees to receive (i) an email which we send shortly after the booking, giving the User all relevant information on the upcoming Yoga Experience, which also serves as the Yoga Experience Confirmation (ii) an email shortly after the Yoga Experience inviting the User to complete our customer review form and (iii) occasional promotional material and information regarding the Site and Yoga Experiences via email, phone calls, SMS, fax and post amongst others.
YOGARENA disclaims any liability or responsibility for any communication by or with the Yoga Provider on or through its platform. The User cannot derive any rights from any request to, or communication with the Yoga Provider or (any form of) acknowledgement of receipt of any communication or request. YOGARENA cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Yoga Provider.
In order to duly complete and secure the Yoga Experience Reservation, the User needs to use his/her correct email address. YOGARENA is not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number. Any claim or complaint against YOGARENA or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service. Any claim or complaint that is submitted after the 30 days’ period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
User and Yoga Provider Conduct:
The User’s and Yoga Provider’s use of the Website is subject to all applicable laws and regulations, and the User and Yoga Provider is solely responsible for the substance of their communications through the Website and Services. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available on or through this Website, the User and Yoga Provider agree that they will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. The Users and Yoga Provider hereby consent to such removal and waive any claim against us arising out of such removal of content.
In addition, the Users and Yoga Provider may not use their YOGARENA Account to breach security of another account or attempt to gain unauthorized access to another network or server.
The Users and Yoga Provider shall not interfere with anyone else's use and enjoyment of the Website or Services. Users who violate systems or network security may incur criminal or civil liability.
The User and Yoga Provider agree that we may at any time, and at our sole discretion, terminate the membership, account, or other affiliation with our Website without prior notice for violating any of the above provisions. In addition, the User and Yoga Provider acknowledge that they will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
The default setting of the ranking of Yoga Providers on our Platform is subject to YOGARENA’s discretion. A User can choose to rank Yoga Providers according to their own preference for example on the basis of lowest price first, best customer review scores first (etc.) or may filter Yoga Providers by for example yoga type, level of class (etc.). A User thus has full control on the presentation of the search result.
11. Customer Reviews
Only customers who have attended a Yoga Experience booked through YOGARENA will be invited by YOGARENA to comment on their Yoga Experience at the relevant Yoga Provider and to provide a score for certain aspects of their Yoga Experience. The completed customer review may be (a) uploaded onto the relevant Yoga Provider's information page on our Platform for the sole purpose of informing (future) customers of the customer’s opinion of the service (level) and quality of the Yoga Provider, and (b) (wholly or partly) used and placed by YOGARENA at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by YOGARENA. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (28 days) after the Yoga Experience and each review will only be available for a limited period of time (24 months) after posting. The default ranking of the reviews is subject to YOGARENA’s discretion. We reserve the right to adjust, refuse or remove reviews at our sole discretion insofar it violates our review policy.
YOGARENA does not compensate or otherwise reward a customer for completing a review. The customer review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever. YOGARENA undertakes to use its best efforts to monitor and remove reviews that include obscenities. YOGARENA will not accept reviews which include: profanity, sexually explicit, hate speech, discriminatory, threats, violence, personal attack towards the staff, promoting illegal activities (e.g. drugs, prostitution) Sites, emails and addresses, phone numbers, cc details, politically sensitive comments.
12. Suspension, Termination and Account Cancellation
YOGARENA may, in our discretion and without liability to the User or Yoga Provider, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel the User’s or Yoga Provider’s YOGARENA Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to the User and Yoga Provider: (a) the YOGARENA Account will be deactivated or suspended, the password will be disabled, and the Website, Services, YOGARENA Account, User Content, will not be accessible (b) any pending or accepted future reservations as either User or Yoga Provider will be immediately terminated, (c) we may communicate to the Customers or Yoga Providers that a potential or confirmed booking has been cancelled, (d) we may refund the Customer in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) the Yoga Provider will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of the YOGARENA Account.
A User or Yoga Provider may cancel their YOGARENA Account or terminate the relationship with YOGARENA at any time via the Website or by sending an email to firstname.lastname@example.org or email@example.com respectively. Please note that if the YOGARENA Account is cancelled, we do not have an obligation to delete or return any Content that has been posted to the Website and Services, including, but not limited to, any reviews or feedback. All active (future) reservations stay active for Users and have to be honored by Yoga Providers even after terminating the relationship with YOGARNEA.
13. Copyright and Trademark
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by YOGARENA, or its Yoga Providers. YOGARENA exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the customer reviews) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including customer reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including customer reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or customer reviews, you hereby assign, transfer and set over all such intellectual property rights to YOGARENA. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
Notwithstanding the aforementioned, YOGARENA shall not use a User's payment details for any other purpose aside from performing the transactions requested by such User, and the payment details (acceptable means of payment on the Site are credit card, debit card, payment through PayPal account and other means YOGARENA may approve from time to time) of Users shall not be retained on YOGARENA's data bases.
The Site is activated on an online environment; thus, the User acknowledges that YOGARENA cannot ensure complete protection of the confidentiality of the information it retains from illegal acts of invasion to its servers and users shall have no claim or prosecution against YOGARENA in regards of the confidentiality of their information in such an event.
User Content and Other Public Content
The Site may provide registered Users various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content, hereafter User Content, through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. The User may be required to have a YOGARENA Account to submit User Content. The Yoga Experiences offered by Yoga Providers and posted on the site shall also be considered as User Content.
The User understands and agrees that User Content, as well as information regarding User's profile picture, user name and activity of registered Users (hereafter Public Content) is public. Any person (whether or not a User of YOGARENA’s services) may read User Content and may also watch Public Content without the User’s knowledge. The User shall refrain from including any of its Personal Information in the User Content unless he/she wishes for it to be publicly disclosed. The User agrees not to include Personal Information with respect to any third party in the User Content without such third party's prior written consent. YOGARENA is not responsible for the use or disclosure of any Personal Information that the User discloses in connection with User Content or for the use of any other Public Content.
Without derogating from any User obligation under YOGARENA’s Terms of Service, and despite the fact that posting inaccurate, misleading or deceptive User Content is forbidden by YOGARENA’s Terms of Service, the User acknowledges that Users may post User Content that is inaccurate, misleading or deceptive. YOGARENA does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by the User’s reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of YOGARENA. YOGARENA does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to the User’s contribution of, use of, or reliance on any User Content and any actions resulting from participation in any part of the Site, including any objectionable User Content.
Correspondence and Electronic Communication
When the User uses the Site, or sends emails to YOGARENA, the User communicates with us electronically and consents to receive electronic communications related to its use of the Site. We will communicate with the User either by email, phone call or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to the User and effective when either: (i) sent to the email address the User provided on the Site or from which the User otherwise email us; or (ii) once YOGARENA has called and notified the User on a phone number the User provide on the Site. Furthermore, by using the Site the User agrees to receive occasional promotional material and information regarding the Site and Yoga Experiences via email, phone calls, SMS, fax and post amongst others. In the event the User wishes to stop receiving promotional material the User may send an email request to that extent to the following e-mail address: firstname.lastname@example.org.
Subject to the limitations set out in these Terms of Service and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by the User due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of the Users reservation as set out in the Yoga Experience Reservation confirmation email (whether for one event or series of connected events). However, and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Yoga Provider as made available on our Platform, (iii) the services rendered or the products offered by the Yoga Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the User, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal or bodily) injury, emotional distress, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the User, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, nonperformance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Yoga Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, force majeure like (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes; (iv) labor strikes; (v) error or disruption to major computer hardware or networks or software failures; or (vi) other causes beyond the reasonable control of YOGARENA.
YOGARENA is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Yoga Experience and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. The User acknowledges and agrees that the relevant Yoga Provider is solely responsible and assumes all responsibility and liability in respect of the Yoga Experience (including any warranties and representations made by the Yoga Provider). Complaints or claims in respect of the Yoga Experience (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Yoga Provider. YOGARENA is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. Whether or not the Yoga Provider has charged the User for the Yoga Experience, or if YOGARENA is facilitating the payment of the Yoga Experience price or fee, the User agrees and acknowledges that the Yoga Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities. YOGARENA is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price or fee to the relevant tax authorities.
By using YOGARENA’s website and Services the User and Yoga Provider agree to accept that these Terms of Service are governed by and construed in accordance with the laws of Singapore and also accept the exclusive jurisdiction of the Court in relation to any dispute that may arise in connection with these Terms or the use of YOGARENA’s website and Services or arising in any way from the Content.
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