TERMS AND CONDITIONS

 

 

  1. Description of TRUE YOGA REVOLUTION and its services
  2. Use of the TRUE YOGA REVOLUTION Platform
  3. Account registration
  4. Fees for services
  5. Price
  6. Payment methods
  7. Specific terms for Organizers (People who organize the experience)
  8. Specific terms for Participants (People who reserve the experience)
  9. Modifications, cancellations, and refunds of bookings
  10. Responsibilities and Disclaimer
  11. Evaluations and comments
  12. Data Protection and Privacy
  13. Intellectual and Industrial Property / Content
  14. Applicable Legislation and Jurisdiction
  15. Modification and Updates of these Terms

 

 

We wish to be consistent with the values of our organisation in all our actions and communications. These values are aligned with our conception of Yoga. We are committed to our users in this regard, ensuring that our services and products are always oriented and based on these values

Values: Support, Honesty, Compassion, Positivity, Passion, Learning, Cooperation, Personal Empowerment

This text constitutes the CONTRACT that governs the relationship between TRUE YOGA REVOLUTION, CB (hereinafter, TYR), with NIF ********* and domicile in Rúa dos Niños, num. 11 C, 15172, Oleiros (A Coruña), and users (“ Organizers ” and “ Participants ”) when registering at www.trueyogarevolution.com

Read these Terms and Conditions (“Terms”) carefully as they contain important information about your legal rights, resources, and obligations. By accessing or using the TYR Platform, you agree to abide by and submit to these Terms.

We inform you that these Conditions comply with the provisions of Law 34/2002, of July 11, on services of the information society and electronic commerce (hereinafter, “LSSICE”), Royal Legislative Decree 1/2007 , of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, “Law of Consumers and Users”) and the rest of the legislation in force in the matter. These Terms and conditions are governed by the Spanish Law

We inform you that these Terms and Conditions comply with the provisions of Law 34/2002, of July 11, on services of the information society and electronic commerce (hereinafter, “LSSICE”), Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “Law of Consumers and Users”) and the rest of the legislation in force in the matter. These Terms and conditions are governed by the Spanish Law

 

1. DESCRIPTION OF TRUE YOGA REVOLUTION AND ITS SERVICES

1.1 TYR is an online platform that allows its users to get in touch to share experiences related to Yoga. It will also allow to offer/demand for jobs related to Yoga. Offer rental spaces to carry out experiences and publish articles related to Yoga.

1.2 Registered users who offer experiences are “Organizers ”.  TYR may share the experiences they post with users who wish to participate and book those experiences (“Participants”). Throughout these Terms and Conditions, references will be made to “users” in general when they affect both “Organizers” and “Participants”.

1.3 TYR does not own, create, sell, resell, supply, control, offer, deliver or lend any advertisement or experience. It also does act as organizer or retailer of any combined trips, in accordance with Directive (EU) 2015/2302. TYR only manages the control of the operations of the platform and acts as an intermediary between the Organizers and the Participants.

1.4 The Organizers are exclusively responsible for the experiences and other offers they publish. The Participants, when accepting and booking an experience, sign a contract directly with the organizers. TYR will under no circumstance be a part of any contractual relationship between users, nor does it act as an insurance agent for the experiences.

1.5 Conditions for Organizers: If you decide to use TYR as an Organizer, the relationship that will exist between you and TYR will be limited to that of an independent third party contractor and not that of an employee, agent, co-member of a joint venture or a TYR partner. In addition to this, you will act exclusively in your own name and interest, and not in the name or interest of TYR. TYR will not direct or control, nor will it be considered to direct or control, the actions you perform or your behaviour within the framework of these Terms, including your delivery of experiences. You acknowledge that you may, at your sole discretion, advertise experiences or undertake any other commercial or work activity.

1.6 TYR Promotion: To promote the platform and increase the exposure of experiences to potential Participants, advertisements and other user content may be displayed in other websites, applications, social networks, in emails and In online advertising.

1.7 Responsibility: TYR is not responsible for electrical interruptions or interruptions of the Internet service or telecommunications infrastructure that are beyond its control and that may cause interruptions in the availability of the TYR Platform. TYR may temporarily restrict, and in accordance with the legitimate interests of the users, the availability of the TYR Platform or certain areas or functions thereof in case it is necessary due to capacity limits, security or integrity of our servers, or to carry out maintenance measures that ensure the correct or improved operation of the TYR Platform.

 

2. USE OF THE TRUE YOGA REVOLUTION PLATFORM

2.1 In order to access and use the TYR Platform or register as a user in TYR, you must be at least 18 years old or have a company, organization, or other legal entity duly organized, legally constituted, that complies with the laws of the country in whichh itis established and has the legal capacity and power to sign a contract.

2.2 TYR may subject the access and use of the TYR Platform, or certain areas or functions thereof, to certain conditions or requirements, such as performing a verification process, meeting specific qualities or eligibility criteria, satisfying valuation thresholds or evaluations, or a specific history of bookings and cancellations of users.

 

3. ACCOUNT RECORD

3.1 In order to participate in the experiences that appear in TYR, the user must create an account. This account will allow both the publication of experiences and the participation in them. For the registration, you must select if you are an Organizing user (including the teacher category), or a Participating user.

3.2 The account that users create will allow them to offer experiences or other services as an Organizer and, in turn, have the possibility of being a Participant. That is, it will not be necessary to create two user accounts, but the account allows access to all services.

3.3 Users can create a TYR account by associating a name and an email address with a password and selecting the role they wish to play as a user.

You can also generate your user account through Facebook or Google, but you must keep in mind that you will be accepting the specific conditions of these third parties.

3.4 The registered user must provide accurate, current and complete information during the registration process. It is your responsibility to keep your user account information and information related to the public profile of your account, which will be shown to other users, updated at all times,.

 

4. SERVICE FEES

4.1 TYR may charge user fees in return for the use of the TYR Platform:

Service rates for Organizers

We charge the Organizers a service fee of 14%. This amount is calculated according to the price of the experience or other offer and is automatically subtracted from the payment received by the Organizer.

Service fees for Participants

Ee do not charge a service fee for participants in experiences or other offers.

4.2 Operation of the TYR platform to book an experience or other offers: The participant booking an experience or other offers must make a deposit. The amount of this deposit will be set by the Organizer, this being a percentage of the final price ranging between 14% - 30%. This will be the only payment that will be made through our platform regarding the booking of experiences. 

 

Therefore, in no case will the participant be paying the total price of the experience or offer published on the platform, but will be booking their participation by paying a deposit that the Organizer must later deduct when the Participant pays the remaining amount (between 70% and 86% of the total amount).

 

TYR is not responsible at any time for the conditions established between the Organizer and the Participant to action the payment of the remaining amount.

In any case, as a guarantee, in the event of a breach by the Organizer, TYR may reimburse the entire deposit to the Participant affected by the breach, provided that the conditions stipulated in these Terms and Conditions are met.

 

5. PRICE

5.1 The Organizers will be exclusively responsible for setting the price of their experience or another published offer. Once the Participant requests the booking of the event/activity, the Organizers will not be allowed to require the Participant to pay a higher fee than the one advertised.

5.2 The Organizers undertake to offer the lowest price available on any other platform or offer.

5.3 The Participant through the TYR platform will only pay the amount corresponding to the booking of the experience or other offer published by the Organizer. This amount is paid through the TYR platform on behalf of the Organizer and in no case it may exceed 30% of the total cost of the experience. Therefore, what guarantees the participant is the booking of a place in the experience or other offer published by the Organizer. Under no circumstance, TYR will issue an invoice to the participant. What it will issue will be proof of payment made as a deposit.

 

6. PAYMENT METHODS

6.1 TYR makes the following payment method available to users:

Payment by credit/debit card (via Stripe):

You can pay with Visa or MasterCard or any other card that is correctly validated for Stripe.

We manage with complete confidentiality the personal data that connects you to the Stripe Platform, which adequately complies with the European Data Protection Regulation (GDPR) and with the Privacy Shield (Privacy Shield).

6.2 TYR will always give the Participant who makes the payment of the deposit a receipt of the payment made so that they can use it as a proof In regard to the Organizer.

 

7. SPECIFIC TERMS FOR ORGANIZERS

7.1 General rule: To advertise an experience or another offer, the Organizer must upload it to TYR. Experiences and other offers must comply with the standards set by the platform. TYR reserves the right to decide, at its sole discretion, whether an experience or other offer submitted should be published on its platform. Upon publication, the experience may be deleted in accordance with the disposal provisions indicated below or in accordance with any applicable disposal provisions contained in the TYR Terms of Service.

7.2 Requirements for experiences advertisements: When advertising an experience through the TYR Platform you must (i) provide complete and accurate information about your experience (such as the description of the experience, location and availability of dates), (ii) disclose any restrictions and requirements that may be relevant (such as a minimum age, fitness or physical requirements or other requirements) and (iii) any other element that users must know in order to participate safely in the experience (including, among others, dress code, equipment, and certifications or special permits).

7.3 Responsibility for the final price: You are solely responsible for the fixed price associated with the advertisement of your experience. Please note that the price set, once a reservation is made by the Participant, cannot be modified.

7.4 Specification of the deposit to be charged to the Participant: At the time of publishing the advertisement of the experience or another offer, the Organizer must indicate the amount of deposit that they want TYR to charge the Participant.. This amount may be between 14% and 30% on the total amount of the experience or other offer indicated by the Organizer.

7.5. TYR acts as a mere intermediary for the booking: The Organizer acknowledges that TYR acts as a mere intermediary to process the Participant's booking. Therefore, it must be the Organizer who issues the corresponding invoice for the total amount to the Participant, according to the conditions agreed upon. TYR will only charge the Participant the deposit on behalf of the Organizer. Therefore, the terms and conditions included in your advertisement, in particular in relation to cancellations, must not conflict with these Terms or with the cancellation policy that corresponds to your advertisement.

7.6 The Organizer entitles TYR to maintain custody of the amount associated with the Participant who has booked their experience or another offer for a month, starting from the day following the end of the experience offered.

7.7 The placement and classification of advertisements in the search results within the TYR Platform may vary and depends on various factors, such as the search parameters and the Participant's preferences, the Organizer's requirements, the price and the availability of dates, the customer service history and cancellations, comments and evaluations, type of experience and / or ease of booking.

7.8 Sole responsibility of the organizer: Organizers are the sole responsible for the experiences, which they submit, advertise and provide. TYR provides only its services and is not an operator or provider of excursions, activities, travel services, or experiences on behalf of the Organizer. TYR does not own, sell, resell, provide,, manage or control the Organizer's experiences. TYR's responsibility is limited to making the advertisement for Organizer experiences available to users through its platform.

7.9 Equipment associated with the experience: The Organizer is responsible for acquiring all equipment, including supplies, vehicles, locations and other materials ("Equipment")  necessary to carry out the experience published by the Organizer. Only the Organizer is responsible for ensuring that the Equipment used in their experience is in good condition and conforms to all laws related to safety, equipment, inspection, and operational capacity. Unless the applicable law indicates otherwise, the Organizer assumes all risks related to damage or loss of the Equipment.

7.10 Additional Responsibilities for Organizers : You are responsible for (i) understanding and complying with all relevant laws, as well as the rules and regulations that may apply to your experience (ii) obtain any license, permit or registration required before offering your experience , and (iii) ensure that you’re advertisement or experience does not violate any agreement you may have established with a third party.

The Organizer must provide the experience in person and must not allow any third party to provide them on their behalf unless TYR has given their authorization.

 

8. SPECIFIC TERMS FOR PARTICIPANTS

8.1 Notwithstanding the compliance with all the requirements established by TYR and/or the Organizer, the Participant may book an experience or another offer by paying the deposit that appears associated with the final price set by the Organizer.

8.2 Upon receipt of a booking confirmation from TYR, a legally binding contract is formed between the Organizer and the Participant, subject to any additional terms and conditions of the Organizer that may apply, including in particular the corresponding cancellation policy and any rules and restrictions indicated in the advertisement. TYR will charge the fees at the time of the booking request or upon confirmation of the Organizer in accordance with the details specified in the advertisement.

8.3 You should carefully review the description of any experience or any other offer you intend to book to ensure that both you and any additional Participants for whom you may book meet the minimum age, fitness ,and other requirements that the Organizer has indicated in their advertisement. You may, at your sole discretion, inform the Organizer of any medical or physical conditions and other circumstances that may affect your ability, or that of any additional Participant, to participate in an experience. “In addition to this, you must ensure that you abide by the laws governing the place where the venue offering the experience is located” TYR reserves the right to update any information with the proposal that the published information be updated and truthful.

8.4 If you reserve an experience on behalf of additional Participants, you will be obliged to ensure that each of said additional Participants meets the requirements established by the Organizer and is knowledgeable and accepts these Terms, as well as the conditions, rules, and restrictions indicated by the Organizer. If you book for an additional Participant who is a minor, you declare and guarantee to be legally authorized to act on behalf of the minor. Minors can only participate in an experience if they are accompanied by an adult who is responsible for them.

8.5 Before and during an experience you must respect the instructions of the Organizers.

8.6 You cannot bring any additional person with you to the experience unless you have added that person as an additional Participant during the booking process on the TYR Platform.

 

9. MODIFICATIONS, CANCELLATIONS, AND REIMBURSEMENT

9.1 The Organizers and Participants are responsible for any modifications made to a booking through the TYR platform and agree to pay any additional fees associated with such reservations modifications.

9.2 Participants may cancel a confirmed booking at any time in accordance with the cancellation policy established by the Organizer .TYR, if applicable, will reimburse the deposit owed to the Participant in accordance with the said cancellation policy.

Particularities regarding cancellation: Whenever the Organizer cancels their experience, they undertake to pay the charges incurred for cancellation by the payment gateway. If the cancellation takes place within 15 days before the start of the experience, TYR will also charge its commission to the Organizer. If there is a case of force majeure, please contact our team. We will try to find a solution that satisfies both parties. The integral deposit will be returned to the Participant without any commission. If the Participant has already made the full payment of the experience to the Organizer, the Organizer undertake to also return the amount that has been transferred directly to them at no cost. It is the full responsibility of the Organizer to return the total amount that the Participant has paid.

9.3 Whenever the booking of an experience or other offers is made through the TYR platform, in the event that such experience or other offers are cancelled and the Participant has already made the full payment of the amount (the deposit through TYR and the rest of the amount to the Organizer according to its conditions), the Organizer agrees to a full refund of the amount associated with the experience to the Participant who had made said payment. This refund will not be processed via TYR.

9.4 If an Organizer cancels a confirmed booking, the Participant will receive a refund of the deposit corresponding to the said booking.

9.5 Regarding experiences if the weather poses a risk to the safety of the Participants, or if it prevents an Organizer from carrying out an experience that takes place mainly outdoors, the Organizers may cancel the experience. They may also cancel it if there are other conditions that could prevent the Organizer from offering the experience safely. 

 

10. RESPONSIBILITY AND EXCLUSION OF LIABILITY

10.1 TYR will be responsible for any serious or malicious action committed and directly attributable to the TYR platform. The same shall apply with respect to the guarantees exposed in the platform attributable to TYR.TYR is responsible for possible breaches arising from existing contractual obligations, taking into account that TYR acts as a mere intermediary between the users and that each of the registered users assume the terms and conditions set forth. Any additional liability of TYR is excluded.

10.2 As a mere intermediary between the users (Organizers and Participants), under no circumstance TYR shall be held responsible for the experiences offered by the Organizers or for the breaches committed by the Participants. The only thing that TYR can establish is that it will strive to achieve the proper functioning of the platform and facilitate the interactions between its users.

10.3 Users who contact each other through the TYR platform must complete the entire booking process through the platform itself. TYR reserves the right to claim the corresponding commission from the Organizer if it detects that the beginning of the contact with the Participant happened through the TYR platform and   the payment of the deposit by the Participant was not made through the TYR platform.

 

11. ASSESSMENTS AND COMMENTS

11.1 The TYR platform will allow Participants to leave ratings and comments. TYR is not responsible for verifying their veracity, so they could be incorrect or misleading. However, TYR has a system to establish the reliability of these assessments. Participants who book experiences will receive an exclusive email linked to their user account so they can write their assessment of the experience or other offers linked to the Organizer until 15 days after the completion of the experience.

11.2 TYR wants to ensure the best possible use of the platform, so if a bad practice is detected, please contact us at [email protected]

11.2 Valuations and comments must correspond to the experience or offer in which you participated or organized. It is the Participant's responsibility to give a correct assessment and with comments in an appropriate language, without it being offensive. TYR reserves the right to eliminate any valuation and comment that are considered illicit, inappropriate, or In breach of these Terms and Conditions.

11.3 It is not allowed to manipulate the system of ratings and comments, encouraging third parties to make a rating and comments without having participated or organized an experience or another offer.

11.4 Valuations and comments may be part of the Organizer's public profile. They may also be used at any time within the TYR platform.

 

12. DATA PROTECTION AND PRIVACY

12.1 In TYR we are especially concerned about the privacy of our users. For this reason, we not only comply with the regulations in force at the European level (GDPR 2016/679) and at a Spanish national level (LOPDGDD 3/2018) but also promote compliance and demand it from all our suppliers and collaborators.

12.2 In order for a user to use the TYR platform they will need to provide us with a series of indispensable registration data. We wish to explain to our users, in a clear and concise way, the usage we make of their personal data, so we have enabled the following link to the privacy policy, where everything Is explained in detail.

 

13. INTELLECTUAL AND INDUSTRIAL PROPERTY / CONTENT

13.1 Users explicitly acknowledge and agree that all copyright, trademark and other intellectual or industrial property rights directly related to TYR and its platform correspond at all times to TYR or to those who granted TYR a license for its use. Users may not use this material unless explicitly authorized by TYR.

13.2 Regarding the comments and reviews on the TYR platform, users grant TYR a non-exclusive, sub-licensable and transferable right to reproduce this content and make it available on the platform, including the right to use this content or parts of it, for promotional purposes and other services related to the platform.

13.3 The user declares that they have all the rights to the content and the images uploaded onto the platform, without infringing or violating any rights of third parties (including, among others, data protection, advertising, intellectual and/or industrial property rights). The user agrees to compensate TYR for each and every one of the third party claims received, based on any infraction or alleged infraction related to the information and documentation uploaded onto the platform.

 

14. APPLICABLE LAW AND JURISDICTION

14.1 For any question, conflict or controversy that may arise in relation to the validity, interpretation, compliance and/or execution of these General Conditions or any other issue arising from the relationship between users and TYR, all the parties explicitly submit to the Spanish legislation and the jurisdiction of the Courts and Tribunals of A Coruña, explicitly waiving any other legislation or jurisdiction that is their own, unless otherwise determined by law.

 

15. MODIFICATIONS AND UPDATES OF THE PRESENT TERMS

15.1 TYR reserves the right to modify these Terms and Conditions at any time. In that case, users will be informed.

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