1. INTRODUCTION
1.1. These terms and conditions (further the „Terms“) set out specific conditions upon which Yogajoga s.r.o. Identification Number 24257010, Tax Idntification Number CZ24257010, with its seat at Vodickova 15, Praha 1, 110 00, tel.: +420 777 260 498, url: http://iy.yoga, registered by the Municipality Court in Prague,part C, insert 198047 (further the „IY“), provides to the contracting party (further „You“ or the „Client“) servises of yoga lessons and other services connected thereto (further the „Services“) and set out mutual rights and obligations of the parties, on the basis of the agreement, entered into pursuant to these Terms and governed by these Terms and Internal Rules (further „Agreement“).
1.2. „Price List“ is a price list available on the webpages https://iy.yoga/price-list/ or at the IY reception. The price list available at the IY reception shall prevail in case of discrepancies.
1.3. „Klientskou zónou“ se rozumí webová aplikace provozovaná IY včetně jejího obsahu, nacházející se na webové adrese https://iy.yoga/members-area/.
1.4. „Credit“ means financial means available at the Client’s Customer Account.
1.5. „Yoga Lesson“ is a lesson led by an instructor taking part on the premises of IY in accordance with the timetable published on the webpages of IY.
1.6. „Internal Rules“ is a set of conditions of behaviour within premises of IY, which is avialble at the web paes of IY or at the IY premises.
1.7. „Registration“ means an act, by which information about a visitor to the Client Zone is registered into a database of users of the Client Zone. The main data collected during the registration process are: name, surname, date of birth, address, telephone number and e-mail address of the user. The registration of user commences by entering the registration data into the Client Zone.
1.8. „Services“ means Yoga Lessons and selected Workshops.
1.9. „Customer Account“ is an individual account of the Client registered in the Client Zone on the basis of the Registration.
1.10. „Workshop“ is a specific yoga lesson led by a qualified instructor with a prolonged period.
1.11. Each Client is obliged to familiarise her/himself with theTerms. By entering the Client Zone, registration in the Client Zone or by participation in the Servises, the Client acknowledges, that s/he has been introduced to and agrees with the Terms.
2. MEMBER AREA
2.1. Following Registration, a Customer Account is created for each Client. The Client obtains access to his profile data as well as to the balance of his Credit through her/his Customer Account.
2.2. The Client is entitled to change or adjust selected data in the Customer Account. The Client is, however, not entitled to change the level of Credit through the Client Zone or to attempt such change.
3. REGISTRATION AND ENTERING INTO THE AGREEMENT
3.1. By completion of the registration, the client confirms, that s/he has read these terms and internal rules, that he has understood their content and does not have any reservations relating to them and excplicitly consents to them.
3.2. The Registration can be completed in electronic form on the web pages https://iy.yoga/registration/ or with prior notice in person at the IY reception.
3.3. The Registration of a Client is free or charge and is effected by completion of the registration form and clicking on the „Registration“ button. The visitor must enter at least: e-mail address, name and surname and confirm her/his agreement with these Terms and Internal Rules.
3.4. Each person can be Registered in the Client Zone only once, with a valid e-mail address.
3.5. The Agreement is entered into electronically by completing the Registration in a written form on the web pages of IY. These Terms and Internal Rules form part of such Agreement. The Agreement is entered into and effective upon confirmation from IY that the Agreement has been concluded. Providing that the contracting party confirmed in the registration form that it has became familiar and agrees with these Terms and Internal Rules, then such confirmtion will contain additional registration data issued on the basis of completion of the registration form via IY web pages. IY is, however, not obliged to confirm the conclusion of the Agreement and to enter into the Agreement.
3.6. Following the Registration, the Client shall collect from IY reception the client card. First issue of the card is free of charge. The Client shall notify IY without any delay of any loss or theft of the client card. If such notification is not made, IY shall not be liable for any damage caused to the Client by loss of Credit on his client card by an unauthorised person. Upon loss, theft or damage to the client card, the Client shall be entitled to a duplicate card against a fee of CZK 150.
3.7. By entering the iy premises, the client confirms that he has read these terms and internal rules, understood their content, does not have any objections and explicitly agrees to them.
3.8. By entering the IY premises, the Agreement is concluded in a verbal form and these Terms and Internal Rules form part of such Agreement. The Agreement is concluded and effective upon the start of the provision of the Services by IY. IY is, however, not obliged to enter into the Agreement.
4. SERVICES PRICE LIST
4.1. Unless agreed otherwise, Client agrees to pay IY for the Yoga Lessons in which s/he takes part in accordance with the prices set out in the Price List valid at the day of the lesson. IY reserves the right to change and update the Price List in accordance with its decision.
4.2. Unless agreed otherwise, Client agrees to pay IY for the provided Workshops that the Client attends such sum as is stated in the description of the Workshop.
4.3. All the prices are inclusive of 21% VAT.
5. CREDIT AND ITS USAGE
5.1. Following the Registration, the Client is entitled to deposit financial means in the form of Credit into his Cusomer Account. Credit can be deposited only at IY reception.
5.2. If the Client deposits into her/his Customer Account an amount higher than CZK 2000, s/he shall be entitled to receive a bonus, by which the Credit on her/his Cutomer Accout will be increased, in the amount of 10% of the amount deposited (further „Bonus 1“).
5.3. If the Client deposits into her/his Customer Account an amount higher than CZK 5000, s/he shall be entitled to receive a bonus, by which the Credit on her/his Cutomer Accout will be increased, in the amount of 15% of the amount deposited (further „Bonus 2“).
5.4. Should the Agreement be terminated by the Client in accordance with para. 7.2 of these Terms of her/his entitlement to Bonus 1 or Bonus 2, this entitlemend shall ceases to exist. In such circumstances IY is entitled to deduct such amount of the bonus from the Credit of the Client.
5.5. Credit has unlimited validity under the conditions of movement on the client ‘s account, ie.registration for the lesson and attending the lesson.
5.6. Client shall use the Credit for payments for Yoga Lessons in accordnace with para. 4.1 of these Terms.
5.7. Client is entitled to use the Credit for payments for Workshops pursuant to cl. 4.2 of these Terms if it is specifically stated that the Workshop can be paid by Credit.
5.8. Client is entitled to use Credit only for Services of IY, which he himself uses, unless these Terms set out otherwise.
5.9. Client card is non-transferable and it is forbiden to share it among more people. Each Client is required to have his own client card, except for under-aged children. Under-aged children can use the card of thier legal carers.
6. TERMS AND CONDITIONS OF THE PARTIES
6.1. The obligations of IY relating to the Services shall be governed solely by these Terms.
6.2. The premises and IY reception are located at Vodickova 15, Praha 1, 110 00. The premises shall be opened in accordance with the valid timetable of Yoga Lessons which is available on web page https://iy.yoga/rozvrh/ or in printed form at the IY premises. IY is entitled to cancel planned Yoga Lessons or Workshops without providing replacement. Clients will be informed of such events on IY web or Facebook page.
6.3. Client agrees, that when using the Client Portal, s/he shall act in accordance with valid laws of the Czech Republic, and will only act in accordance with such laws, relevant customs and these Terms, and will not otherwise harm good reputation of IY in any other way.
6.4. Client is obliged to enter its correct and true personal data.
6.5. Client shall be entitled to file a complaint for any unauthorised movement of her/his Credit on his Customer Account, within 30 days of such movement on the account. The complaint must be sent to info@iy.yoga with a description of such event and proof of his statements that shall support her/his complaint.
6.6. The Client agrees to protect the login details to his Customer Account in a reasonable manner and will not share such details with any third parties.
6.7. IY does not guarantee the possibility of access and faultless functioning of the client portal. it shall not accept any liability for direct or indirect damage, which may occure as a result of the client not being able to access the customer account via the client portal.
6.8. Every client uses the client portal at his own risk. iy shall not be liable for the accuracy and completeness of the information placed on the customer portal or such information being up to date.
6.9. Client agrees that iy is not liable for information published publicaly on its web pages and is not responsible for its gramatical or factual correctness.
6.10. IY is not responsible for any damage or loss, which can be incurred by clients or third parties in connection with the usage of the client portal, or which can be incured or had incurred on the client’s computer, by which s/he attempted to enter the client portal, including loss of profits or loss of data.
6.11. The client agrees to make good to iy any loss that iy may incurre in connection with the client’s breach of her/his obligations set out in these terms.
7. DURATION AND TERMINATION
7.1. The contractual relationship created between Clinet and IY in accordance with these Terms shall be valid for the entire period of Registration of the Client in the Client Portal.
7.2. Client can cancel her/his Registration in the Client Portal, and by doing so terminate the Agreement, at any time and without stating any reasons by sending a request for termination of the Registration to e-mail address: info@iy.yoga. There shall be a termination period of 1 months which starts on the first day of the callendar months that follows the day on which the termination notice of the Agreement was delivered to IY.
7.3. IY can cancel the User Account and terminate the Agreement without any further notice to any client:
7.3.1. if the Client uses the Customer Account in breach of any laws of the Czech Republic or good practice;
7.3.2. if IY, acting reasonably, believes that the Client is repetitively in breach of the terms of the Agreement, these Terms, or Internal Rules;
7.3.3. if the Client used invalid or false data in her/his Registration;
7.3.4. if the Client is inactive for more than 24 months, ie he does not register for the lesson and does not participate in the lesson,
7.3.5. who, repetitively entered into Agreement, especially if IY terminated his original Agreement for the reasons set out in para. 7.3 of these Terms, unless the Client and IY agree otherwise.
7.4. The ballance of the Credit shall not be reimbursed to the Client in the event of the termination of Registration by IY.
7.5. Termination of this Agreement shall not terminate the obligation of the contractual parties to honour its commitments that occured by breach of its obligatioins, including the commitments that incurred during the duration of the Agreement.
8. PROTECTION OF INTELLECTUAL PROPERTY
8.1. Webpages of IY and Client Portal, including its content, text, visualisations, design, all pictures and all databases creating their content (further the „Content“) is protected by laws protecting intellectual property including copyright laws, laws relating to protection of trade names and to other intellectual property rights.
8.2. IY declares and Client by her/his use of the Client Portal explicitely accepts that IY is a lawful owner of all relevant intellectual property rights relating to its functions and to the Client Portal itself and that it is entitled to grant consents for any use of the Content in accordance with law no. 185/2015 Coll. on Copyright Law as ammended (further the „Copyright Law“).
8.3. IY grants to the Client non-exclusive right to use the Content solely for its own personal use and for non-comercial use. Any other use of the Content (as whole or of its individial parts) requires in accordance with the Copyright Laws prior written consent of IY with such use.
8.4. Any use of the Content on other webpages without consent of IY may fulfil the basis of certain crimes (for example criminal act of breach of the Copyringt Laws in accordance with § 270 of the Criminal Law Act), liability for damage cause to IY as per Civil Law Code, and other rights of IY that it may have pursuant to Copyright Law or other legal regulation.
8.5. IY reserves its right to change, update or delete any part of the Content.
9. PERSONAL DATA PROTECTION
9.1. Yogajoga s.r.o. shall process your personal data which you provide to IY for the following purposes: (i) attendance at Yoga Lessons and Workshops; (ii) information on the ballance on the Customer Account; (iii) introduction of the company and development support – marketing; and (iv) protection of legal rights of IY. Detailed information about processing of your personal data and rights relating thereto can be found in the Rules on data processing on the web pages of IY or IY reception.
10. CONSUMER INFORMATION
10.1. Should the Client in his legal relations with IY be considered a consumer pursuant to § 419 of law no. 89/2012 Coll of the Civil Code as amended (further the „CC“) i.e. is acting outside of his business activities or outside of the scope of his independent performance of his employment (for the purposes of this paragraph furhter the „Consumer“) the following provisons shall apply:
10.2. The activities of IY are controlled and observed by state authorities of the Czech Republic, to which you may turn to with your request in accordance with the laws, which regulate their empowerment and authority. The state supervision authorities are particularly:
10.2.1. Česká obchodní inspekce;
10.2.2. trade licence offices;
10.2.3. Personal Data Protection Authority.
10.3. The Agreements are stored in an electronic form and are not accessible to third parties.
10.4. The Agreement can be concluded only in Czech languague.
10.5. The Consumer has the right to cede the Agreement without stating any reason and without any sanctions within 14 (fourteen) days of its conclusion.
10.6. The Consumer can request that the Services are provided immediatelly after entering into the Agreement, that is before the expiry of the cessasion period. In the event that the Agreement is terminated in accordance with clause 10.4 of these Terms, the parties do not return/refund their respective performances.
10.7. IY hereby informs the Consumer, that it has a right to commence out of court proceedings relating to the consumenr dispute that has arisen out of the Agreement with IY. Such proceedings are to be commenced within 1 (one) year from the day when the claim, that is the subject matter of the dispute, was raised first time with IY. The relevant authority for the out of court resolution of the consumer disputes based on the Agreement entered into between IY and the Client is the Czech Business Inspection. The rules set out by the Czech Business Inspection, which govern the proceeding for the out of court resolution of consumer disputes are, the same as the form for filig the proposal, available to the Client – Consumer on the interntet pages of the Czech Business Inspection on adr.coi.cz or www.coi.cz.
11. GENERAL AND FINAL PROVISIONS
11.1. These Terms repeal and replace in its entirety all previous general terms and conditions issued by IY for the agreements with the same or similiar subject matter entered into with Clients, as well as any of its annexes or amendments.
11.2. Each contracting party is obliged to notify the other party in writing of changes to all circumstances, in particular, to the identification details or to any other changes, which could have an impact on the proper fulfillment of the Agreement.
11.3. Any changes od additions to this Agreement shall be made only in writing and shall be approved by both parties.
11.4. IY is entitled to change or amend these Terms, Price List and Internal Rules without consent of third parties. IY shall notify the other contractual party of such changes on its website, by e-mail or by letter in a written form, or in any other agreed form. Should the other contractual party not agree with the changes to the Terms, it is entitled to terminate the Agreement within 1 (one) months after the new Terms became efective. Such temination shall be effective from the date of delivery of the termination notice. Failing such termination, it shall be assumed that the other contractual party agrees with the amendments.
11.5. These Terms are valid and in force from December 1, 2018