Terms of use
This Terms of Use was published on 05 December 2022
PLEASE READ THESE TERMS OF USE CAREFULLY.
THESE TERMS OF USE ARE BINDING.
Welcome to the yogaday.fit website (hereinafter - the “Site”, “Website”).
This Website is operated by Fortunex Limited, reg. address: Georgiou A, 83, SHOP 17, Germasogeia, 4047, Limassol, Cyprus, reg. number: HE 412032 (hereinafter referred to as “We,” “Us,” “Our”, “Company”).
These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site and the yogaday.fit Services, that are provided by Company (hereinafter collectively – the “Services”) made available through or in connection with the Site.
By using the Services, you agree to be bound by the following Terms of Use.
The integral parts of these Terms of Use are Privacy Policy and Cancellation and Refund Policy.
YOUR USE OF THE SITE AND/OR SERVICES SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME. WE WILL INFORM YOU ABOUT ANY MODIFICATIONS THAT OCCUR IN THE ESSENTIAL PARTS OF THE TOU AND WILL ASK IMPLIED CONSENT. THIS MEANS THAT IF YOU CONTINUE TO USE THE SERVICES, YOU AGREE WITH THESE MODIFICATIONS.
DEFINITIONS
Subscription – recurring payments for the Services usage on a periodic basis.
Payment information – full username, credit / debit card number, CVV, card expiry date and other information you may need to pay for the Services.
Payment service provider – a financial institution, which processes payments for the Services providing.
Subscription month – paid subscription period that consists of 28 calendar days. This applies only to 1-, 3- and 3-months ultimate subscription plans.
GENERAL PROVISIONS
The Services offered by the Website gives access to the online meditation/yoga materials on a fee-based subscription basis. The date of your account registration shall also be deemed as the date of the paid subscription start in effect (according to the conditions provided hereto), and the fact of your account registration means your express consent with conditions of this clause including your consent to the paid subscription.
You are required to create an account on the Site for purchasing and usage of the Services. For the account creating you have to provide your email address, password and Payment information.
When placing the order for the Services, you acknowledge and agree that you are 16 years of age or older.
You will properly follow all instructions and documentation provided by us to you at the Website.
You will not allow any other third party to access your account or to utilize the Services. In case access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that we don’t bear the responsibility.
You may not share or transfer any account. You may not disclose your password to anyone else.
You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.
We will not be liable for any losses caused by any unauthorized use of your account.
We reserve the right to modify, terminate, or refuse the Services to anyone for any reason and without notice at any time.
In case you have any technical question, please contact customer service at [email protected].
SUBSCRIPTION AND BILLING PROCEDURE
To subscribe to the Services, you should place the order before an account registration.
While placing the order, you should complete the Payment Information. The current price of the Services subscription is specified on the Website. There are the following types of subscriptions:
- 1-month subscription;
- 3 months subscription;
- 3-months ultimate subscription;
Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription period. We can charge you for the future payment subscription if you didn’t turn off automatic renewal in your account.
In case you didn’t turn off automatic renewal, you will be charged for the next subscription period at the start of the next period. You can cancel a subscription through your account or with assistance of our support team via e-mail. You understand and confirm that if you forget to disable auto-renewal for new subscription period, it will not be a reason for a refund.
The above prices are inclusive of all taxes.
All accounts are set up on a prepaid basis. We must receive payment before any billable Services are provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring monthly subscription fees and one-time or multi-pay fees. You are responsible for keeping all credit/debit card details and contact information current while using the Services.
Your subscription is NOT based on how much you use (or do not use) the Services, but instead is based on the availability of Services.
After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request.
Methods of payment. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your Payment Information. Payment is made through Our Site in euros, US dollars and other available in your region currencies by credit card (Visa, MasterCard, American Express, JCB, Discover). The Site is equipped with a secure online payment system enabling the You to encrypt the transmission of his bank data. We do not store any data relating to your details and bank cards. For more information on this subject, We invite You to read our Privacy Policy.
Refunds and returns. We warrant refunds in case you are not satisfied with the Services for any reason. But this does not mean that refunds may be offered in all cases. Your eligibility for a refund may depend on how much time has passed since the transaction, etc. You have the right to refund your funds within 14 calendar days from the payment day. But if you successfully used the Services and you didn’t turn off an automatic renewal, you were charged for full price and continued to use the Services, you are deprived the right for refund. For more information, please read our Cancellation and Refund Policy.
INTELLECTUAL PROPERTY
Trademarks. Logo of yogaday.fit is a trademark/service mark that is used by the Company.
Unauthorized use of yogaday.fit trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.
Copyright. All intellectual property rights in the Site and within the Services usage belong to and is vested in Company or its licensors, and are protected by the applicable law and international copyright laws.
You may not use or reproduce any part of this Website or the materials contained within it in any manner without first obtaining the prior written permission.
Any images that appear on this Website with an acknowledgement to the Licensed Material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction, or other use of the Licensed Material.
LIABILITY AND WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND\OR THE SERVICES, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
MISCELLANEOUS
You agree to indemnify, defend, and hold the Company and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site and Services or any breach by you of these ToU or any other policies that we may issue for the Site and/or Services usage from time to time.
We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
Failure or delay by the Company to enforce compliance with the ToU does not constitute a waiver of these ToU.
By using our Site and/or the the Services you confirm that you have read and consent to these Terms of Use as well as Privacy Policy and Cancellation and Refund Policy.
We may revise these Terms of Use, Privacy Policy and Cancellation and Refund Policy at any time, without notice, and the new versions will be available on the Site.
If at any point you do not agree to any portion of these ToU, you should immediately stop using the Site and/or Services.
All notices given by you or required under this ToU shall be written and addressed to:
- technical requests shall be addressed to [email protected]
- legal requests shall be addressed to [email protected]
All Policies and other documents, which are placed on the Site, are integral parts of this Terms of Use.
This ToU is regulated by the laws of Republic of Cyprus. Any disputes should be resolved by the appropriate courts of Republic of Cyprus.
For more information, please contact us by email [email protected].