We usually respond to e-mails within 72 hours, but no longer than 5 working days.
1. Terms and conditions
All contractual relationships are concluded in accordance with the legal order of the Czech Republic.
If the contracting party is a consumer, the relations are governed by business conditions not regulated by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is an entrepreneur, relations that do not regulate business conditions and which apply to entrepreneurs are governed by the Commercial Code, Act No. 513/1991 Coll., as amended. The seller is entitled to apply the terms and conditions and the complaint procedure to a buyer who is not a consumer.
The subject of the purchase agreement is the purchase of online services, services and also products on the FACEYOGA-ACADEMY.EU server.
The supplier offers its customers advice, information, video lessons and exercises, online services, services, online advice, sales of products on the FACEYOGA-ACADEMY.EU server, which, among other things, consists in operating an exercise system that allows planning and participation in practice lessons, by enabling the customer to:
• Online courses
• Personal courses
• online participation in facial yoga/gymnastics exercise classes, breathing exercises, etc., according to the needs and time possibilities of the supplier and customer, following a pre-given exercise schedule or agreement, when the customer can carry out this exercise at any suitable place with Internet connection options
• personal participation in facial yoga/gymnastics, breathing exercises ... etc.,
• creation of a client account at faceyoga-academy.eu.-registration
• On-line advice
• Purchase of products from the e-shop
• storing client/subscriber data in the faceyoga-academy.eu registration system, their security and protection
3. Online ordering of services, services, goods from the e-shop and conclusion of the purchase contract
The condition for the validity of an electronic order is to fill in all the data and requirements required by the supplier, and it is necessary to send the order electronically. The order is a draft purchase contract.
The order is also used to reserve goods and services.
Formal confirmation of the order by the supplier is not required for the conclusion of the purchase contract, and the contract is created by the delivery of the online service, service or product itself. By placing an order, the customer accepts the supplier's Terms and Conditions. The relations between the customer and the supplier are governed by these Terms and Conditions, which are binding for both parties, unless otherwise contractually agreed.
a) Client account
After starting the registration and filling in the personal data required by the supplier, a client account will be created for the customer with the supplier and the customer will become a registered client. With this, the client automatically and voluntarily becomes a member of the Face Yoga Academy club and can draw services based on this membership.
One client account can be owned and used by only one registered customer.
In case of misuse of the client account by other persons other than the owner of the client account, the supplier can block this client account. This does not affect the supplier's right to compensation for damages.
b) Use of online services of exercises, courses, consultations, video lessons
A customer who has paid for an online course, or an individual online exercise, or an online consultation and does not use the service at the specified time, is not entitled to a refund, unless otherwise agreed in writing with the service provider.
The price of individual services and goods depends on the valid price list, which the supplier is obliged to publish on the website of the server www.faceyoga-academy.eu and by which he is bound.
4. Payment terms
The customer has several options for paying the purchase price for the ordered goods or services.
b) Cash on delivery in the Czech Republic, this payment method is not possible outside the Czech Republic
c) By bank order - bank transfer
d) By payment card through the payment gateway
The remuneration for each specific service, online service or goods is indicated in the price lists published on the website shop as a price for an individual service or in the e-shop as a price for each individual product/goods, which can be paid by payment card by redirecting to online payment gateway, or by payment to the supplier's account according to the request for payment, which the customer receives immediately after the binding order - purchase of the given service or product to his e-mail.
By crediting the payment to the supplier's account indicating the variable symbol, the provision of online services or the delivery of goods is agreed, or the services or goods can be paid in full at the supplier's premises.
After crediting the payment to the supplier's account or cash payment, the registered customer will receive an e-mail with confirmation of payment for the purchased services or goods.
Individual consultation - every started 30 minutes with the trainer is counted.
5. Price of online services, services and products
Current prices for each specific online service or product are listed in the price lists and e-shop published at www.faceyoga-academy.eu. The buyer receives the goods or services at the price valid at the time of ordering. Prices are listed including VAT, excluding packaging and postage. The customer can check the prices of goods and all services for individual items of goods or in valid price lists on our website.
The prices for the delivery of goods to the customer are listed below, under Postage and Shipping.
Before sending the order, the total price for the ordered services or goods will be calculated, including related fees, and the customer will be asked to agree to them by paying the purchase price.
The supplier reserves the right to print errors. The purchase price will be considered paid only after the entire purchase price for the ordered services and goods has been credited to the supplier's bank account, or by cash on delivery (only to the Czech Republic).
The supplier reserves the right of ownership to the goods until full payment of the purchase price.
The invoice issued to the buyer based on the purchase contract between the supplier and the customer is also a tax document and is sent to the buyer electronically.
Acceptance of the goods or use of services by the buyer is only possible after full payment, unless otherwise agreed in advance in writing.
Any discounts on the price of goods cannot be combined with each other, unless something else is explicitly stated on the web interface.
In the event that there was an obvious technical error on our side when specifying the price of the goods in the web interface or during the ordering process, we are not obliged to deliver the goods to you at this clearly incorrect price, even if you were sent an order acceptance in accordance with these terms and conditions. In such a case, we reserve the right to withdraw from the contract.
If the price indicated for the goods in the web interface or during ordering is no longer current, we will immediately inform you of this fact. If your order has not yet been accepted, we are not obliged to conclude a contract.
Sent orders are not affected by a price change that occurred between the time the order was sent and its acceptance by us.
6. Promotional offers
The supplier reserves the right to make time-limited promotional offers for all services it offers outside of the valid price list.
The description of the promotional offer will always specify the duration of this offer, i.e. its validity, a detailed description of what the offer includes, i.e. the type of service, price, conditions and its duration.
7. Price increase
The supplier is entitled to unilaterally increase the price for the offered services and products.
The current prices of these services are published in the price list of services at www.faceyoga-academy.eu.
The supplier is obliged to inform the customer in writing or by phone before the start of the service about the increase in the price of the courses after the purchase by the customer. Otherwise, the supplier's right to pay the difference in the price of the ordered service will not arise.
The customer is obliged to pay this price difference immediately by cash payment or bank transfer or payment card to the supplier's account. In the event that the customer does not pay the price difference, the supplier has the right to cancel the service and the customer pays the associated costs, including cancellation fees, if they are specified for the purchased service.
8. Delivery period and conditions
The delivery time for online services is within 72 hours or according to the date specified on the order, after crediting the payment to the supplier's account for the online services purchased by the customer. Subsequently, the subscriber will receive access to the purchased online service by e-mail.
In the case of goods, the delivery period begins after payment has been credited to the supplier's account for the purchased goods.
If the supplier has all the documents necessary to send the purchased goods to the customer and the goods are in stock, the supplier undertakes to deliver the goods within 7 working days.
If the requested goods are not in stock, delivery will take place within 14 working days at most, unless both parties agree otherwise.
The delivery period can be extended reasonably by circumstances that are the cause of the delay in the delivery of the goods, including third parties. Circumstances not attributable to the supplier.
The supplier will notify the buyer of the expected delivery date of the product/goods, or will offer him another comparable product.
The goods are delivered by the Czech Post or another courier company only throughout the Czech Republic.
9. Cancellation terms
a) ONLINE COURSES, ONLINE CONSULTATION
The subscriber can unsubscribe from online courses, courses or consultations for which he is registered, a maximum of 14 working days before the start of the service ordered online.
If the customer used a financial amount to pay for the canceled service through a payment gateway or by bank transfer, this amount will be sent back to his bank account, but all bank fees and costs associated with this cancellation will be deducted from it, both when receiving the payment , so when sending the payment back to the customer.
In the event that the customer decides that he does not want to return the given financial amount after deducting all costs, the customer has the right to order another service or product for the given amount. In the case of a service, the new order should take place on the same day as the canceled service, or the maximum use of the service must be within 30 working days of the canceled service, unless otherwise agreed in writing. In the event of a price difference between the old and new ordered service, the customer is obliged to pay the price.
b) COURSES, SEMINARS, WORKSHOPS AND CONSULTATIONS
These are courses and consultations with physical personal contact, or combined in person and via the Internet. For serious reasons and for reasons see major, the supplier can change the form of proceedings only to a form via the Internet, electronic, on-line or a combined form. A change of form is not a reason for the customer to cancel and withdraw from the contract.
The subscriber may withdraw from courses for which he is registered according to these cancellation conditions, unless otherwise agreed in advance in writing:
The number of days before the given service and the amount of the withdrawal-cancellation fee:
60 days or more: 35% of the total price of the ordered services
59 days to 30 days: 50% of the total price of the ordered services
29 days to 21 days: 70% of the total price of the ordered services
20 days to 15 days: 80% of the total price of the ordered services
14 days to 9 days: 90% of the total price of the ordered services
8 days or less: 100% of the total price of the ordered services
Cancellation of a lecturer's course - number of days before the given service and the amount of the withdrawal-cancellation fee:
60 days or more: 60% of the total price of the ordered services
59 days to 40 days: 80% of the total price of the ordered services
39 days or less: 100% of the total price of the ordered services
If the customer used a financial amount to pay for the canceled service via a payment gateway or by bank transfer, this amount will be sent back to his bank account less cancellation fees and all bank fees and costs associated with this cancellation will be deducted, both upon receipt payments, as well as when sending the payment back to the customer.
Change of dates of courses, seminars and events:
a) It is not possible on the part of the customer, unless the customer agrees in writing with the supplier. If the supplier agrees to change the date, the customer is obliged to pay an additional handling fee of 40EUR /person/change, unless the rebooking costs are higher. In this case, the supplier will inform the customer of the amount of the handling fee. Exception that does not apply to the client of lecturer courses: if the client unexpectedly falls ill with an acute (not chronic) illness on the day of the course and provides the supplier with a medical report by email to email@example.com about a virus, flu or other infectious, acute illness within 48 hours on the day of the course, the customer is entitled to one change of date free of charge.
b) On the part of the supplier, it is possible in case of any organizational reasons, health reasons, reasons see Major and in case of failure to meet the minimum number of participants of 10 persons/course, unless otherwise specified for the given course. Course date changes are not course cancellations. The customer is not entitled to a refund of the amount paid for the given course, nor is the customer entitled to any other compensation. If the supplier agrees to change the date, the customer is obliged to pay a handling fee of 40EUR/person/change, unless the rebooking costs are higher. In this case, the supplier will inform the customer of the amount of the handling fee.
Cancellation of courses by the supplier is possible at any time for any organizational reason, see reason. Major or in case of failure to meet the minimum number of participants of 10 persons/course. The customer is only entitled to a refund of the amount paid for the given course. The customer is not entitled to any other compensation. If the supplier changes the date of the course, this is not a cancellation of the course.
c) GOODS FROM THE E-SHOP, INSTRUCTIONAL VIDEO LESSONS
The customer can cancel the order of goods without giving a reason until the order is confirmed by the supplier. This paragraph is governed by Article No. 12 of these terms and conditions.
d) TUTORIAL VIDEO LESSONS and Ebooks
10. Warranty conditions and complaints - exercising rights from liability for defects
GOODS / PRODUCTS FROM THE E-SHOP
For goods, the warranty period begins when the customer takes over the goods.
A tax document serves as a guarantee certificate. The warranty does not cover normal wear and tear of the goods (or parts thereof) caused by use. In such a case, the shorter life of the product cannot be considered a defect and cannot be claimed as such.
Complaints about goods/products
In the event that the customer discovers a defect in the purchased goods during the warranty period, which was not caused by its inappropriate use, but by a defect in the product itself, he has the right to claim the goods during the warranty period.
In the event that a consumer dispute arises between the supplier and the customer from the purchase contract or from the contract for the provision of services, which cannot be resolved by mutual agreement, the customer can submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is Česká obchodní inspection, Central Inspectorate - ADR department, Štěpánská 15, 120 00 Prague 2, Email: firstname.lastname@example.org, Web: adr.coi.cz. The customer can also use the online dispute resolution platform established by the European Commission at https://ec.europa.eu/consumers/odr/.
If the customer wants to complain about goods/products purchased in our online store, he fills out a contact form, where he indicates in particular the type of product, the number of the sales document and a description of the defect. It is advisable to send the goods in a suitable transport package, because the supplier is not responsible for any mechanical damage before receiving the goods.
Dealing with complaints about goods / products
The supplier and manufacturer will assess the validity of the claim for a defect in the goods and, after the assessment, will inform the customer by phone or email about the method of processing the claim. Subsequently, the customer will be invited to pick up the claimed goods or it will be sent to him free of charge.
The deadline for handling complaints is according to Act No. 634/1992 Coll. thirty days.
Defects during the broadcast of online services
The supplier undertakes to make it possible to register for another lesson of an online exercise or service on the same day (unless otherwise agreed in writing) in the event that, during the broadcast of the online service, major technical problems occur on the supplier's side, which prevent the customer from this watch the lesson.
The supplier bears no responsibility for technical problems on the customer's side, which make it impossible for the customer to view the services ordered and paid for online.
It is expressly forbidden for the user to make any audio or video recording.
The Company has made every effort to ensure the accuracy and reliability of the information provided on this website. However, the information is provided "as is" without warranty of any kind. The Supplier does not accept any responsibility or liability for the accuracy, content, completeness, legality or reliability of the information contained on this website.
The products it describes are subject to change without prior notice due to a continuous development program.
No warranties, promises and/or representations of any kind, expressed or implied, are made as to the nature, standard, accuracy, etc. of the information contained on this website, or the suitability of the information for your particular circumstances or medical condition.
We cannot and do not guarantee that this website will be free of computer viruses or anything else that could harm your device.
We shall not be liable for any loss or damage of any nature (direct, indirect, consequential or otherwise), your success or failure, user health, costs or expenses, direct, indirect or incidental, consequential or special, relating to or arising from the use of this website , materials, information, exercises, procedures, seminars, in-person or online courses, workshops, or products contained therein, whether arising in contract, tort or otherwise, which may arise as a result of the use (or inability to use) this website or from use (or non-use) of the information and products on this website.
This website provides links to other websites owned by third parties. The content of such third party sites is not under our control and we cannot and will not be responsible for the information or content on them. Links to such third-party sites are not endorsed by the Company, nor are the products promoted, offered or sold on such third-party sites. The Company also does not warrant that the Site is free of computer viruses or anything else that could harm your device. We cannot and do not accept responsibility for the collection or use of personal data from any third party. In addition, we do not accept responsibility for the accuracy of third-party advertisements.
12. Withdrawal from contract
I. The customer's right to withdraw - the customer is entitled to withdraw from the contract if the supplier has not fulfilled the agreed terms of delivery.
In accordance with § 53, paragraph 7 and § 54 of the Civil Code, the customer who does not purchase goods as part of his business or other business activity has the right to withdraw from the contract within 14 days of taking over the goods.
In the case of online services, including short online instructional videos, the customer cannot withdraw from the purchase contract after delivery, i.e. after the services have been used.
II. Supplier's right of withdrawal:
- The supplier has the right to withdraw from the contract only until the moment of dispatch of the goods, and only in case of unavailability of the goods or a significant change in the price of the goods. However, before withdrawing, the supplier is obliged to contact the customer in order to agree on the next procedure.
- The supplier is entitled to withdraw from the contract in the event of any suspicious login to the customer section, especially in the event that there will be a lot of access from the customer's account or multiple logins at one time, or multiple viewings of one instructional video at one time, if it is suspected that the customer misused login data and his client account is being used or misused by a third party. In these or similar cases, or if abuse of the supplier's rights is suspected, the supplier is entitled to suspend the client's/customer's access and services, even if the services are paid for, the customer is not entitled to a refund and the supplier's right to compensation for damages and lost profit is not affected , which was caused to him by the actions and behavior of the customer.
Procedure in case of withdrawal from the contract
Given that in the event of withdrawal, the contract is canceled from the beginning, the supplier will return or replace the customer and the customer to the supplier all received performance.
The customer can withdraw from the contract by notifying the supplier of this fact electronically to the email address email@example.com or in writing to the supplier's premises and wait for confirmation of acceptance by the supplier.
When withdrawing from the contract, it is necessary to state the order number, variable symbol and date of purchase and present the original proof of purchase of the goods.
If the customer has already received and accepted the goods, he will send the goods back to the supplier's premises, where the supplier will assess the condition of the returned goods without undue delay. The goods sent back to the supplier must be in an intact condition, undamaged, complete (including accessories and proof of purchase).
In the event that the goods are returned to the supplier in a condition other than intact, the customer is obliged to compensate in particular the costs related to restoring the goods to their original condition and the damage to the goods. The supplier has the right to deduct from the customer any postage and bank fees incurred by the supplier upon withdrawal from the contract by the customer.
Reimbursement of these costs and damage will take place by the fact that the purchase price, which is returned in the event of withdrawal, is correspondingly reduced by these costs and damage.
If the customer fulfills all the above conditions for withdrawal from the contract, the supplier will refund the already paid purchase price, or part of it, no later than 30 days after the return of the goods. The supplier returns the funds to the buyer's account after signing the credit memo.
13. License Terms
The author - the supplier is the holder of property copyrights to the logo, name, graphic representation, texts, video lessons, online lessons and all the services it offers.
The author-supplier hereby does not grant authorization to the customer to exercise the right to use any Work by making it available and promoting it in a commercial and public environment, i.e. by communicating to the public and promoting it in any form, according to his own choice, as well as by reproducing the Work for any purpose to an unlimited extent.
The author, supplier of www.faceyoga-academy.eu does not grant the customer any consent and permission to use the work in printed or electronic form, including publication on the Internet, social networks...etc.
The subscriber may not make audio or video recordings for his own use, nor pass them on to third parties in any form or distribute them further.
The Subscriber may not distribute or transmit in any way the Internet links to the educational videos and transfer them to third parties in any form.
The subscriber may not play/project/interpret/use the educational videos to third parties in any form for commercial, non-commercial or other purposes.
Without the prior written consent of the author/supplier, the customer is not entitled to assign, leave, allow use, or otherwise temporarily or permanently grant permission for use or use itself to third parties in any way.
This provision of the contract is governed by Czech law, especially copyright, commercial and civil law in the valid and effective wording and later regulations. Violation of this clause of the contract entitles the supplier to a contractual fine of EUR 1,000,000, and this does not affect the right of the author/supplier to compensation for damages incurred.
14. Special Provisions
These terms and conditions are valid for all purchase contracts concluded between the supplier and the customer.
The supplier bears no responsibility for the state of health of the registered subscriber and is also not responsible in any way for injuries that the registered subscriber causes through his own actions as part of the exercises according to the training lessons on the server www.faceyoga-academy.eu.
The supplier reserves the right to unilaterally change these Terms and Conditions.
Customers are subject to the currently valid Business Terms and Conditions.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Terms and Conditions
Accessing The Website And Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
No Unlawful Or Prohibited Use And Intellectual Property
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website. You will not use the website content other than for personal, private purposes.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans, programs with their procedures and services are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Email And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
SMS/MMS Mobile Message Marketing Programs Terms and Conditions
User Opt In: The Program allows Users to receive SMS/MMS mobile
messages by affirmatively opting into the Program, such as through
online or application-based enrollment forms. Regardless of the
opt-in method you utilized to join the Program, you agree that this
Agreement applies to your participation in the Program. By
participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated
with your opt-in, and you understand that consent is not required to
make any purchase from Us. While you consent to receive messages sent
using an autodialer, the foregoing shall not be interpreted to
suggest or imply that any or all of Our mobile messages are sent
using an automatic telephone dialing system ("ATDS" or
"autodialer"). Message and data rates may apply. Message
User Opt Out: If you do not wish to continue participating in the
Program or no longer agree to this Agreement, you agree to reply
STOP, UNSUBSCRIBE, CANCEL, or QUIT to any mobile message from Us
in order to opt out of the Program. You may receive an additional
mobile message confirming your decision to opt out. You understand
and agree that the foregoing options are the only reasonable methods
of opting out. You acknowledge that our text message platform may not
recognize and respond to unsubscribe requests that alter, change, or
modify the STOP, UNSUBSCRIBE, CANCEL, or QUIT keyword commands, such
as the use of different spellings or the addition of other words or
phrases to the command, and agree that Shop Face Yoga Academy and its
service providers will have no liability for failing to honor such
requests. You also understand and agree that any other method of
opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to
remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of beauty products and services. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
6. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your
own, capable of two-way messaging, be using a participating wireless
carrier, and be a wireless service subscriber with text messaging
service. Not all cellular phone providers carry the necessary service
to participate. Check your phone capabilities for specific text
Age Restriction: You may not use or engage with the Platform if you
are under thirteen (13) years of age. If you use or engage with the
Platform and are between the ages of thirteen (13) and eighteen (18)
years of age, you must have your parent's or legal guardian's
permission to do so. By using or engaging with the Platform, you
acknowledge and agree that you are not under the age of thirteen (13)
years, are between the ages of thirteen (13) and eighteen (18) and
have your parent's or legal guardian's permission to use or
engage with the Platform, or are of adult age in your jurisdiction.
By using or engaging with the Platform, you also acknowledge and
agree that you are permitted by your jurisdiction's Applicable Law
to use and/or engage with the Platform.
9. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: – Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; – Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; – Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; – Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; – Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and – Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
10. Dispute Resolution: In the event a dispute arises, a claim in controversy between you and us or between you and Stodge Inc. d/b/a Postscript or another third party service provider acting on our behalf for the purpose of transmitting mobile messages under the Program arising out of federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or or related thereto, including the determination of the scope or applicability of this arbitration agreement, such dispute, claim or controversy shall, to the maximum extent permitted by law, be decided by arbitration in the Czech Republic, the city determines FYAS s.r.o. and by one referee. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the Czech Arbitration Association, which are valid at the time. Except as otherwise provided herein, the arbitrator will apply the substantive law of the federal judicial district in which Face Yoga Academy's principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days from the delivery of the request for arbitration to the party, the parties must jointly select an arbitrator with at least five years of experience in this capacity and with knowledge and experience with the subject of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, FYAS s.r.o. may choose the arbitrator himself or request the appointment of an arbitrator who must meet the experience requirement. In the event of a dispute, it will decide on the enforceability and interpretation of this arbitration agreement in accordance with the Arbitration Act. The parties also agreed that the arbitration rules governing extraordinary protective measures would apply in lieu of seeking an emergency injunction. The decision of the arbitrator will be final and binding, and neither party shall have any right of appeal except as provided in the arbitration rules. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator will have the authority to order one party to pay all or a portion of such fees as part of a well-reasoned award. The parties agree that the arbitrator will have the authority to award attorneys' fees to the extent permitted by law or only by contract. The arbitrator shall not award punitive damages, and any damages hereby waive only the right to seek or recover punitive damages in connection with the arbitrated dispute.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY THROUGH ARBITRATION. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of representative or class action. Except where required by law, neither party nor the arbitrator shall disclose the existence, content or results of any arbitration without the prior written consent of both parties, except to protect or exercise a legal right. If an increased term or provision of this Section is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If, for any reason, the dispute proceeds in court rather than in arbitration, the parties are hereby granted other rights to a trial by jury. This arbitration provision will survive the cancellation or termination of your agreement to participate in any of our programs.
11. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Use Of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To The Website
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third Party Websites And Services
The Website may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website's users and customers.
Use Of Templates And Forms
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, recording, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, only personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the "Courses") for your own personal use, not for any business. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and not for any business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Use Of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the "Freemium Content") for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Fremium Content you download may only be used by you for your personal (not business) use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Cancellation Of Subscription
Certain of the Company's products and services are offered on an ongoing basis with a monthly subscription. Users may cancel subscriptions at any time by emailing firstname.lastname@example.org
Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
Money Back Guarantee
For the sale of certain products, the Company provides a money-back guarantee. That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.
All of our books, digital eBooks, videos are final sale, and are not subject to any money back or refund policy once the order is placed. The same applies to any online or in-person courses you did not attend that have already taken place. Other products are subject to our Terms and Conditions.
With respect to any other purchase, you must request your money back within 7 days of the purchase. Request your money back by emailing email@example.com That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. Terms and conditions are set out in our Terms and Conditions.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company's products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Mill Valley, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within the Czech Republic. If you access the Service from a location outside the Czech Republic, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Website Company and services offered is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
FYAS s.r.o., Litovelská 117/6, 779 00 Olomouc, ID number: 17960215, the company is registered in the commercial register kept at the Regional Court in Ostrava, section C, insert 91586 ("Company", "we", or "us" or "supplier").
The Company welcomes your questions or comments regarding the Terms.
The content of the website was drawn from the personal experiences of Mrs. Svetlana Mihulová and was also drawn from:
KIVILUOMA, Leena. Face lifting: The face will be younger, the facial muscles will be firmer and the skin will be more radiant. 1. Prague: Ikar, 2005. ISBN 978-80-249-1509-8.
VOLAIRE, Camille.Self-lifting: gymnastics and facial massage: 10 years younger in 10 weeks. Prague: Ikar, 1997. ISBN 80-7202-090-0.
ŠULISTOVÁ, Monika. Facial exercises, or Exercises for beauty, freshness and vitality. Kralice na Hané: Computer Media, 2012. ISBN 978-80-7402-136-7.
FRASER, Eva. The face is your business card: make yourself fifteen years younger: for women and men of all ages. In Czech. of translation 1st ed. Translated by Vladimír PÍŠA. Prague: Erika, 1992. ISBN 80-85612-08-9.
FYAS s.r.o., PEGAS GROUP & TRAVEL a.s. and SELAVIS, z.s. reserve the right to deviations and errors in the prices and texts of the content of the FACEYOGA-ACADEMY.EU SELAVIS.CZ websites and the Business Terms and Conditions published on the Internet.