Terms and Conditions

GENERAL

Yoga with Karen is based in Switzerland. Yoga with Karen makes no claims that karenkurzmeyer.com and the Content are appropriate or may be downloaded outside of Switzerland. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Switzerland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio file, Indemnity, Jurisdiction, and Complete Agreement.

ACCEPTANCE

These Terms and Conditions (Terms) are between Yoga with Karen, its successors and assignees (referred to as “we”, “us” or “our”) and the person, organisation or entity who uses or purchases any services (Services) or purchases any Programs (Programs) from us (referred to as “you” or “your”), and collectively the Parties.

Our Programs and Services and these Terms are available at karenkurzmeyer.com(Site).

These Terms form the agreement under which we will supply Programs and Services to you. Please read these Terms carefully. Please contact us if you have any questions. Our contact details are at the end of these Terms.

You accept these Terms by making a purchase from us or using our Services. Your purchase from us or use of our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order Programs or Services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to the Terms, please do not use or purchase our Programs or Services.

Our Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

REGISTRATION AND SERVICES

In order to purchase Programs or obtain access some of our Services, you will be required to register for an account (Account). It is your responsibility to keep the details of your Account, including username and password, confidential. You are liable for all activity on your Account, including any purchases made using your Account details.

We agree to perform the Services with due care and skill.

We reserve the right to refuse any request for Services that we deem inappropriate, unreasonable or illegal.

You may request additional services via the Site. You must pay any fees for such additional services as set out on the Site. You will be expected to pay any fees for such additional services before we commence performing them.

We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.

Suppliers of third party services or Programs who are not our employee or our direct contractor (Third Party Suppliers) will be your responsibility. We are not responsible for the quality of services or Programs provided by Third Party Suppliers.

PRICE, INVOICING AND PAYMENT

Some of the Services are free of charge; others incur a fee. Where applicable, you agree to pay us (a) the fees, including any other payments and expenses, for the Services that you have requested, as set out on the Site, and/or (b) the purchase price specified on the Site at the time that you place your order for the purchase of a Product, plus any applicable delivery and insurance charges based on the delivery options selected by you (Fees). All amounts are stated in Switzerland Francs. All purchase prices include Switzerland GST (where applicable). Any applicable delivery and insurance charges will be separately shown. Where applicable, you will be required to make payment by way of credit card, PayPal or other payment options as set out on the Site, and you must provide your credit card, PayPal or other payment details (Payment Details) to us when making a purchase for the Programs and/or Services.

As indicated on the Site, payment options for the Fees in respect of Services may differ between the Services. Some of the Services require full Fees to be paid upfront; others allow Fees to be paid in monthly or annual instalments.

For Services where the full Fees are required to be paid upfront, we will not provide access to any Services or your Account until payment is confirmed.

As indicated on the Site, you can access certain Services and your Account by paying an ongoing monthly or annual Fee (Subscription Service). The first payment for Subscription Service will be made at the time of registration. After registration, payments will be deducted from your nominated account using your Payment Details on a monthly or annual, as applicable, payment date. If you wish to cancel your Subscription Service, you can do this any time. We do not refund any paid and unused Subscription Service.

For a Product, full payment of the Fees in respect of that Product will be processed upon receipt of your order in respect of that Product.

You must not pay, or attempt to pay, any Fees through any fraudulent or unlawful means. If a payment is not able to be successfully processed then you will not be able to access the Services or your Account, or your order may be cancelled.

If you pay by credit card, you warrant that the credit card information you provide to us is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Fees.

Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Programs or Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier.

YOUR OBLIGATIONS AND WARRANTIES

If you obtain Services from us, you warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior 12 month period.

You warrant that throughout the term of these Terms that:

there are no legal restrictions preventing you from agreeing to these Terms;

you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;

the information you provide to us is true, correct and complete;

you will not infringe any third party rights in working with us and receiving the Services;

you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;

you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;

you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;

if applicable, you hold a valid ABN which has been advised to us; and

if applicable, you are registered for GST purposes.

DISCOUNT CODES AND PROMOTIONS

We may from time to time offer promotional discount codes, which may be applicable to our Programs or Services on the Site, and must be entered at the time of ordering the Programs or Services. The conditions of use relating to any discount code will be specified at the time that it is issued.

OUR INTELLECTUAL PROPERTY

The work and materials that we provide to you in carrying out the Services (including our online videos) and the Programs contain material which is owned by or licensed to us and is protected by Switzerland and international laws (Materials). We own the Intellectual Property in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.

The Materials are provided to you for your exclusive non-commercial use only. The Materials are not to be shared with any third parties, and if such Materials are disclosed to any third parties without our consent, we reserve the right to terminate your Account and cease providing the Services immediately.

You agree that, as between you and us, we own all Intellectual Property rights in the Site, business, Programs, branding and our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in such things, except as stated in these Terms or with our written permission.

Your use of our Materials does not grant you a licence, or act as a right to use, any of the Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
You must not breach our copyright or other Intellectual Property rights by, including but not limited to:

altering or modifying any of the Materials;

creating derivative works from the Materials; or

using our Materials for commercial purposes such as onsale to third parties.

CONFIDENTIAL INFORMATION

We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality Services to you, and not for any other purpose.

You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.

These obligations do not apply to Confidential Information that:
is authorised to be disclosed;

is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
is received from a third party, except where there has been a breach of confidence; or

must be disclosed by law or by a regulatory authority including under subpoena.

The obligations under this clause will survive termination of these Terms.

FEEDBACK AND DISPUTE RESOLUTION

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services and/or Programs, please contact us.

If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Luzern, Switzerland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

USE OF RECORDINGS

Please note that coaching calls, webinars, and other audio or visual services may be recorded and can be used in the future by Yoga with Karen for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to karen@karenkurzmeyer.com

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, YOGA WITH KAREN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF YOGA WITH KAREN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE COUNTRIES AND STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT YOGA WITH KAREN‘S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM YOGA WITH KAREN AND IF NO PURCHASE HAS BEEN MADE BY YOU YOGA WITH KAREN’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Yoga with Karen spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site, if applicable, for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Professional Advice

The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors, affiliates, or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

The statements made on this Site are solely the opinion of the author and in no way should be construed as professional advice.

You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Yoga with Karen. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Please refer to the third party webite’s own Privacy Policy and Terms of Use. Yoga with Karen’s Policies and Terms do not apply once you leave our Site.

INDEMNITY

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

COMPLETE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Yoga with Karen pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Yoga with Karen shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Yoga with Karen.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be made either via email or conventional mail and sent to:
Customer Service: karen@karenkurzmeyer.com
Yoga with Karen
Guggistrasse 19
6005 Luzern
Switzerland
Tel: +41 78 732 25 51

Notices to you may be sent to the address or email supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to karenkurzmeyer.com you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Electronic Communications

When you visit the Website or send emails to Yoga with Karen, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of Switzerland as applied to contracts that are executed and performed entirely in Luzern. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement, or in connection with dispute including any claim involving Yoga with Karen or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers shall be Luzern, Switzerland. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

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