By using this website klarabright.online (“Website”), You are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Policy and any disclaimer notice and any or all Agreements on this Website:
“Customer”, “You”, “User” and “Your” refers to you, the person accessing this Website and exploiting Our Service(s)/Product(s) and therefore accepting the Company’s terms and conditions and;
“User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of the Services/Products;
the “Company”, “Our”, “We” and “Us”, refers to Our Company, Klara Bright.
“Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).
Any use or access by anyone under the age of 16 is prohibited unless permitted by the laws of Your country of residence, and certain regions and/or Products may have additional requirements and/or restrictions.
All rights not expressly granted to You under these Terms are reserved to the Company.
SERVICES/PRODUCT(S)
The Website allows You to purchase an online-course, an individual or group online-class, or a membership (Product) for a fee. We may at Our sole discretion engage third party service providers from time to time to provide certain Service(s)/Product(s). Each such purchase is intended to be used only by one person, unless specified otherwise under Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party. Please acknowledge that the Products we provide You with for a fee paid through Our Website constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.
LICENSE
Subject to these Terms and Our policies, We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Our Service(s)/Product(s). You may use Our Service(s)/Product(s) only for Your personal, non-commercial use, unless You obtain Our written permission to otherwise use the Service(s)/Product(s). You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party. By entering into a contract with Us you represent that you have no other User Account with Us and that your user account has not been suspended or canceled in the past due to violations of our Terms of Use. In such cases We will not enter into another or new user agreement with you. You also represent that all information provided by you during the registration process is true and complete.
Using our Service(s)/Product(s) does not give you the ownership of or any intellectual property rights in Our Service(s) or the Product(s) you access for a fee paid through Our Website.
PRIVACY
We are committed to protecting Your privacy. We will only use information collected from individual Customers, particularly email addresses, to facilitate and deliver orders as part of Our commitment to provide the Service(s)/Product(s) Our Customers have paid. Moreover, as We endeavor to provide You better Service(s)/Product(s). We will also be using Your emails to promote Our other Service(s)/Product(s). You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.
However, We cannot guarantee the security of any information you disclose online. By using this Website you accept the inherent security implications of dealing online and will not hold Our Company responsible for any breach of security unless such breach has been caused by Our negligence.
SUPPORT
We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: info@klarabright.online with a subject line “Support”.
However, We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side.
DISCLAIMER
The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s Products; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal Product of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
You will use Our Service(s)/Product(s) at your own risk. Anytime you use the Our Service(s)/Product(s) you must be in good health. If you have any known preexisting illnesses or health conditions, please first consult a physician before you begin to use the Our Service(s)/Product(s). This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance. Our Company excludes any liability regarding any injury to self or child.
Our understanding of human health and athletic performance is evolving on a continuous basis. Even though our Service(s)/Product(s) are based on current studies and findings, We make no guarantee that our Service(s)/Product(s) are in conformity with current research results or findings.
Please note that you may need certain tools or workout equipment to be able to fully use some of Our Service(s)/Product(s) . Such tools or equipment are not part of the Our Service(s)/Product(s) and, if needed, must be purchased separately by you at your own cost.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PRODUCT(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PRODUCTS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE, (C) THAT DEFECTS ON THE PRODUCTS WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE PRODUCT(S).
FEES
Purchasing a Service(s)/Product(s):
We offer paid Service(s)/Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Service(s)/Product(s). When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any Product for which we have not received adequate payment. Unless otherwise stated, all fees are quoted in EUR. You are solely responsible for any sales, value-added, withholding or similar taxes that apply to Your purchase, whether domestic or foreign.
You can purchase Our Service(s)/Product(s) via credit card:
If You choose to pay by credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s/Service’s applicable fee.
By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.
When you download and use Our Service(s)/Product(s), in particular through third-party networks or in other countries, you may incur transmission charges of your Internet service provider.
Cancellation policy fees
Unless otherwise stated, you can cancel your live group class reservation up until 48 hours before the event. A late cancellation within 48 hours or less before the event or no-show will be counted as attendance and the class fee will be charged on your account. A partial attendance or unnotified absence to the live class is not entitled to a full or partial refund.
Unless otherwise stated, you can cancel your live individual class reservation up until 48 hours before the event. A late cancellation within 48 hours or less before the event or no-show will be counted as attendance and the class fee will be charged on your account. A partial attendance or unnotified absence to the live class is not entitled to a full or partial refund.
Unless otherwise stated, you can cancel your retreat reservation up until 3 months before the start date of the event. In case of cancellation a non-refundable deposit will be charged. A late cancellation or no-show will be fully charged.
No refunds on any purchases.
PAYMENTS
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://app.podia.com/account/billing.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://APP.PODIA.COM/SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings at https://app.podia.com/account/billing, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to https://app.podia.com/account/billing. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at info@klarabright.online.
CUSTOMER RESTRICTIONS
As a Customer, You agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Website;
Disparage, tarnish, or otherwise harm, in Our opinion, Website and/or the Service(s)/Product(s);
Use the Product in a manner inconsistent with any applicable laws or regulations;
Interfere with, disrupt, or create an undue burden on the Service(s)/Product(s) or the networks or services connected to the Service(s)/Product(s);
You will not share access to Our Service(s)/Product(s) with a third party (unless otherwise permitted by Us separately in writing); will not lease, sell, grant or otherwise exploit Our Product(s) in a way prohibited by these Terms.
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Service(s)/Product(s), or any portion of the Website.
USER CONTENT AND CONDUCT
In case Our Service(s)/Product(s) enable You to share your content ("User Content"), You retain all intellectual property rights in, and are responsible for, the User Content You create and share. However, by submitting User Content you grant other Users and Company the right to share Your User Content via any social media platform. You are personally responsible for all content you upload using Our Services. We do not endorse or review such content.
As a user of the Site, you agree not to post any Prohibited Content:
1. Profane language or content;
Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
Inappropriate sexual content or links to inappropriate sexual content, nudity or obscene;
Conduct or encouragement of illegal activity;
Private and confidential information;
Content that violates a legal ownership interest of any other party.
INTELLECTUAL PROPERTY OF OUR COMPANY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.
TERM AND TERMINATION
The Company may terminate your access to all or any part of the Website, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately, without any right to refund.
You can stop using our Service(s)/Product(s) at any time, for any or no reason, without any right to refund. You may delete your User Account by Website features or notifying Us at info@klarabright.online. When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately. Membership Subscription Service(s)/Product(s) must be canceled with a notice period of 24 hours to the end of the respective renewal term. After cancellation of your subscription your user account and any other subscriptions will continue unless and until you also cancel such additional subscriptions. Current subscriptions cannot be terminated during the contract term.
INDEMNITY
You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Attorney’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Website or Product(s), or any breach by You f these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Service(s)/Product(s) ordered.
CHANGES TO THESE TERMS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Service(s)/Product(s) after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
SEVERABILITY
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Belgium, Brussels, the parties submit to the jurisdiction of the Court of Belgium, Brussels regardless of conflicts of law rules, and Belgian and Brussels Courts competent to hear appeals from them.
ENTIRE AGREEMENT
The Terms constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service(s)/Product(s)/Website.
CONTACTING US
For questions or clarifications regarding Our Terms and/or any other matters related to Our Service(s)/Product(s), please contact Us at info@klarabright.online.