BookingYoga is part of STREAM SAS, a private company with limited liability established and existing under the laws of France, having its registered office in 36 rue Scheffer, 75116, Paris, registered with the Chamber of Commerce in Paris, France under XXXXXXXX). BookingYoga is used to find, compare, and book yoga and wellness live stream classes, workshops, experiences and trainings from teachers and companies anywhere in the world.
3. To the best of its ability, STREAM will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”). Each and every use of the Platform is for your own risk and responsibility.
4. STREAM is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.
In other words:
2. Use of the Platform
1. In using the Platform, you can view all services published by organizers (“Organizers”) (which servicesare referred to as “Live Stream Services”), make a reservation (“Reservation”) for such Live Stream Services and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organizer. If you have any questions, complaints or remarks about an Organizer, a Live Stream Service, a Reservation, you can contact STREAM through the Platform.
3. You and the Organizer are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view or cancel your Reservation, please refer to your confirmation email, where you will find all relevant instructions.
4. You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Tripaneer from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.
5. Finally, when using our Platform you shall adhere to the following rules. You may not:
a. use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
b. deliberately involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content on the Platform;
c. reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
d. remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.
In other words:
“After you’ve chosen a service, made a reservation for this service and entered all of your correct personal data, you will engage in a contract with the actual organizer of the service. STREAM can in no way be held responsible if issues (however unlikely) arise between you and the trip organizer, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc.”
3. Prices and Payment
1. Your use of the Platform is free of charge. Organizers charge their own fees for the Live Stream Services. Please be aware that you might owe the Organizer (part of) the fee in case you make a Reservation. We have no influence on, are not involved in and are not liable for your payment of Reservations.
2. When using the Platform, all prices are indicated in euros. The Platform can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. The Platform can charge the user a suitable conversion charge for this.
3. Since the Organizers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, STREAM is not responsible for and has no influence on the applicable payment terms.
In other words:
“The use of our platform is free of charge. Please be aware that specific payment terms of the organizers apply to payment of the service.”
4. IP Rights
2. By uploading reviews and other content, you grant STREAM a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
In other words:
“Please respect our intellectual property rights and the rights of the service organizers. We do the same with the content you upload; your content will preserve whatever copyright and other IP rights it had when uploading to our platform.”
2. In order to make a Reservation, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.
In other words:
“We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation the service organizer is responsible for handling of your personal information.
1. Any liability on STREAM’s part for damages, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
2. In case you made a Reservation or booked a Live stream Service with the Organizer directly, while you initiated the contact with the Organizer through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, STREAM will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
3. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of STREAM or its managers (“own actions”).
In other words:
“In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay damages.
Warranties and indemnifications
5. The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you and an Organizer. You indemnify STREAM from all claims submitted by an Organizer or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, STREAM will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.
6. Notwithstanding the abovementioned, STREAM guarantees that you get a refund of what you have paid i) when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation, and ii) when your experience is in fact shorter than what was offered by the Organizer in the Live Stream Service.
7. You guarantee that you will not use the Platform in a way that:
a. infringes the rights of STREAM or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
b. is contrary to any current legislation or regulations; or
In other words:
7. Unlawful content
1. STREAM is not responsible for any content made available on the Platform. STREAM will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
2. STREAM has established a procedure, by which any alleged unlawful content available on the Platform can be reported to STREAM. This can be done by flagging the specific content as unlawful, whereupon STREAM shall receive a notification.
3. STREAM reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation STREAM can request a court order from a competent court in France to determine whether the material or the activity is unlawful and should be removed.
4. STREAM will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
5. The person that has reported unlawful content indemnifies STREAM from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs STREAM suffers, could suffer or which STREAM incur in relation to such a claim, including but not limited to the compensation of legal assistance.
6. STREAM respects and protects the privacy of those who report (alleged) unlawful content. All personal data STREAM receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
In other words:
“In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content.”
8. Applicable law and compentent court
2. STREAM may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without STREAM’s prior written consent.
3. If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
4. These Terms and Conditions and the use of the Platform are governed by French law.
5. Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Paris.