TERMS & CONDITIONS

Please read Alduna’s Privacy Policy for more information regarding the collection and use of your information. The Privacy Policy is wholly integrated into this Agreement as one in the same agreement.

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

Alduna does not make any arrangements for you and any other third party. This is solely your responsibility. General advice concerning possible arrangements between you and any other third party may be given to you. If Alduna makes suggestions and provides advice on possible arrangements, this is indicative only.

Parts of our Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Alduna may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Alduna immediately of any unauthorized use of your account or any other breach of security. Alduna will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses by Alduna or another party due to someone else using your account or password. If you are registering on behalf of your company, you represent your company and warrant that you are authorized by your company to create an account on your company’s behalf. You may not use anyone else’s account at any time, without the permission of the account holder. Alduna has the sole discretion in granting or denying any accounts and may close your account anytime without any prior notice and does not need to name a reason therefore.

You access parts of our Platform without registering; however, some parts may not be accessible until you register. After properly registering for our Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in our Platform; you merely receive the right to use and access our Platform as provided by us. All rights not explicitly granted are reserved for Alduna. You agree to abide by the following restrictions listed below:

• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to our Platform or any part of our Platform.
• You may not share your account with any other parties unless permitted by us in writing.
• You may not violate any laws, rules or procedures.
• You may not violate any of our additional policies.
• You may not use our Platform except through specific channels provided by us.
• You may not use our Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
• You may not sell, lease, loan, distribute, transfer, or sublicense our Platform unless provided by us.

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Alduna or our Platform itself. Failure by us to revoke your access to our Platform does not act as a waiver of your conduct.

Your ability to submit or transmit any information through our Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to our Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to our Platform may be modified or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.

When you submit any User Content to us, you grant Alduna, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, sublicensable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. For clarity, you understand that by submitting User Content you are granting us permission to transfer, assign, and/or sublicense this license for your User Content to other companies and websites to use for similar and appropriate purposes. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images and all other content on our Platform. Therefore, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Platform or any of our content that is retained by us.

User Content found on our Platform does not necessarily reflect the opinion of Alduna. We reserve the right to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. For example, we may remove User Content if we believe it violates our community standards. We have no obligation to retain or provide you with copies of User Content. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.

When submitting any User Content, you agree to the following:

• You agree not to post any User Content that contains nudity, or sexual, or explicit content;
• You agree not to post any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
• You agree not to post any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
• You agree not to post any User Content that is considered spam;
• You agree to only post User Content that you own or have licensed and you shall not post any User Content that is in violation of a third parties’ intellectual property rights; and
• You agree not to post any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

Although we will attempt to provide continuous Website availability to you, we do not guarantee that our Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update our Platform for security, legal, or other reasons.

If the usage of our Platform/Services involves or leads to traveling, it is your responsibility, not Alduna’s, to make sure that the relevant visas and/or permits are in place. Please check with the appropriate Embassy or Consulate in advance.

Alduna cannot accept responsibility if entry is denied to a country due to incorrect visa or passport documentation.

Alduna does not provide you with insurance of any kind. In particular, having a liability insurance is mandatory in most countries and is solely your responsibility.

Teaching yoga might involve travelling to and working in parts of the world where there may be some personal risk. A teacher acknowledges and accepts sole responsibility for any such risks of whatever nature that may occur during the term of this Agreement.

Alduna cannot accept any responsibility for accidents, injuries, loss of personnel effects or death which a teacher agrees to fully assume.

Alduna cannot accept liability or pay any compensation where the performance or prompt performance of Alduna or our partner’s contractual obligations is prevented or affected by reasons or circumstances amounting to ‘force majeure’. Circumstances amounting to ‘force majeure’ include any event which we or the supplier of the service(s) in question could not, even with all due care, avoid such as, for example, war or threat of war, civil strife, government intervention, natural or nuclear disaster, industrial dispute, terrorist activity, adverse weather conditions, fire and similar events.

You agree to irrevocably release, discharge, and not to sue Alduna, including any of its agents, employess, managers, directors, members and partner organizations (“the released parties”) from any actions, suits, liability, claims, or other causes of action of any nature which may hereafter arise from any cause whatsoever including, without limitation, from services offered to you by Alduna that are covered by this Agreement.

These Terms & Conditions are severable. In the event of any provision determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

The content of the pages of this Website and the Platform is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Platform for any particular purpose.
• You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on our Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Platform meet your specific requirements.
• Our Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms & Conditions.
• All trademarks reproduced on our Platform which are not the property of or licensed to the operator are acknowledged on our Platform.
• From time to time our Platform may also include links to other websites. These links are provided for your convenience, to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

This Code of Conduct sets out the standards of behavior that is expected of our Users and is designed to help achieve the most out of the teaching in a safe manner and that consideration is given to other cultural aspects during your engagement.

Please note that breaches of the Code of Conduct may result in your access to our Platform being terminated immediately without prior consultation. Additionally, Alduna has the right to initiate any form of legal action with regards to your behavior.

The Alduna Code of Conduct (based on Yoga Alliance Code of Conduct) is a declaration of acceptable ethical and professional behavior by which all Users of our Platform conduct themselves and their teachings in relation to other Users or to any third party. As a User of Alduna, you agree to uphold the following ethical principles:

• Conduct yourself in a professional and conscientious manner. This includes, but is not limited to, ensuring that you live up to any commitments you make to students, course participants or to the public, and ensuring that your practices and behavior conform to the representations you make about yourself in holding yourself out as a yoga practitioner or as a User of Alduna who adheres to certain precepts.
• Acknowledge the limitations of your skills, scope of practice, and expertise and where appropriate, refer students to seek alternative instruction, advice, treatment or direction.
• As applicable, create and maintain a safe, clean and comfortable environment for the practice of yoga. Communicate with students in a courteous, respectful, compassionate and honest manner by using appropriate actions and language. Obtain consent from students or their legal guardian before photographing, audio or video tape recording or permitting third party observation.
• Encourage diversity by treating all individuals with respect, regardless of age, physical limitations, race, creed, gender, ethnicity, religion or sexual orientation, and respecting their rights, dignity, and privacy. Be considerate of the physical, mental, emotional, spiritual needs and limitations of student.
• Recognize the trust and power placed in teachers by students. While acknowledging the complexity of relationships, avoid exploiting any trust or dependency of students. Declare and take appropriate steps to address any conflict of interest that may arise in dealings with students.
• Seek permission before, and be respectful when, physically adjusting a student. Avoid words and actions that constitute sexual harassment or harassment based on other legal protected characteristics. All forms of sexual behavior with students are unethical and can even be illegal, even when a student invites or consents to involvement in such behavior. Sexual behavior is defined as, but not limited to all forms of overt and covert seductive speech, gestures, and behaviors in addition to any physical contact of a sexual nature.
• Be guided by the values of Alduna in all your teachings. As applicable, adhere to the traditional yoga principles as written in the yamas and niyamas. Speak respectfully of other yoga traditions and health modalities.
• Follow all local government and national laws that pertain to your activities as a User of our Platform regarding insurance, safety and liability.

You understand that Alduna may revoke your right to use Alduna Logos or Marks and may cancel your membership, without refund, for cause, including for failure to uphold the standards set forth in the Code of Conduct. Prior to revoking your right to use Alduna Logos or Marks and/or canceling your membership, Alduna will provide me notice of the basis for the potential revocation and an opportunity to respond in writing. After review of the evidence, Alduna will issue a decision as to whether to revoke your right to use Alduna Logos or Marks and/or cancel your membership, based on its reasonable judgment of the evidence before it. You agree to hold Alduna harmless for any losses or damage you may incur as a consequence of the revocation of your right to use Alduna Logos or Marks and/or cancellation of your membership.

Please be aware that our Platform and any content found within it are offered “as-is.” Alduna does not endorse and may not verify any of its users or any User Content submitted by users through our Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have in relation to your use of our Platform. By using our Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Alduna with respect to suc h actions or omissions.

In no event will Alduna, or any person or entity involved in creating, producing or distributing our Platform/Services, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use our Platform. User hereby acknowledges that the provisions of this section shall apply to all content on our Platform.

Alduna will only deal with any disputes or charges in Switzerland and is governed by Swiss Law. All copyright issues including others will only be dealt in Swiss court of Law. All disputes and cases will be solved in Switzerland only.

In order to donate, you may be required to submit your billing and payment information. When doing so, you expressly agree to pay any amounts listed at the checkout screen. All payments shall be processed using the payment information you have listed in your account. Please be aware that we use third party payment processors to process all payments. You must read and agree with our third party payment processor’s agreements in order to purchase anything from our Platform. All payment information will be processed, stored, and secured by our third party payment processor.

Alduna does not take any direct responsibility for the use of third party online payment facility. Alduna will not be responsible for any malfunction in software for online payment. All disputes arising with payment fraud will directly be dealt with the banks depending on the method of payment used by the donator.

Depending on the laws of your jurisdiction you may be taxed for any payments. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us, you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

If you no longer wish to have access to our Platform, you shall inform us in written. Alduna will take all necessary steps within 30 days or sooner.

IN NO EVENT SHALL ALDUNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE OUR PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN OUR PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR ANY VISUAL CONTENT PURCHASES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING OUR PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR DONATIONS OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Alduna negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Alduna shall not be liable for any damages arising out of your access to or use of our Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.

You agree to defend, indemnify and hold harmless Alduna, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to our Platform;
• Your violation of any term of this Agreement; and
• Any claim that your use of our Platform harmed a third party.

This defense and indemnification obligation will survive this Agreement and your use of our Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

YOU AND ALDUNA AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WHETHER THROUGH A COURT OF LAW OR ARBITRATION SHALL BE SOLELY CONDUCTED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

VEREIN ALDUNA, UEBERLANDSTRASSE 64, CH-8051 ZURICH AND YOU ARE THE SOLE PARTIES TO THIS AGREEMENT FOR THE PROVISION OF PROVIDING YOU ACCESS TO OUR PLATFORM. THE PROPER LAW OF THIS AGREEMENT BETWEEN US IS THE SWISS LAW. THE COURTS OF ZURICH SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT.