TERMS AND CONDITIONS

Latest version is of October 04, 2022

General

These Terms and Conditions (hereinafter - "Terms and Conditions") regulate the use of the website www.zenofmybody.com (hereinafter, the “Website”).

The use of the Website attributes the condition of user of the Website (hereinafter, the “User”) and expresses the full and unreserved acceptance of the User of each and every one of the Terms and Conditions in the version published by Upgrade Solutions Kft., with its registered address at: Hungary, Csomád, 2161, Verebeshegy utca 11 (hereinafter referred to as the “Company”), its affiliates and subsidiaries, including the Company’s Website around the world, at the same time when the User accesses the Website. Consequently, the Users must carefully read the Terms and Conditions each time they intend to use the Website. These Terms and Conditions constitute a legally binding agreement between the Website`s Users and govern your use of the Website.

These Terms and Conditions govern the use of all pages on this Website and any services provided by or on this Website (hereinafter - "Services").

There is only one version of these Terms and Conditions. These Terms and Conditions may be published in a number of languages, reflecting the same principles, for information purposes and to help User. It is however only the English version that is the legal basis of the relationship between you as User and Website. In case of any discrepancy between the English version and the non-English version of these Terms and Conditions, the English version shall prevail.

The Company reserves the right from time to time and at any time without notice to You, modify to these Terms and Conditions.

You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

It is your responsibility to check these Terms and Conditions periodically for changes. It is also recommended to review these Terms and Conditions each time you use the Website.

Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

These Terms and Conditions become applicable when you register and confirm your registration details in the registration process at the Website.

By registering and by using an account with Website, you agree that you have read these Terms and Conditions and accept them. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

Definitions

The Company - Upgrade Solutions Kft. - also is referred to as “we”, “our”, “ours” or “us”.

The Company, as is the creator and operator of the Website, makes the Website, and certain Services on it, available to the Users.

The Website`s user as “you”, “your”, “yours”, or as “the User” or “ the Client”.

Collectively, the parties to this Agreement (the Company and the User) will be referred to as Parties.

Content, conditions of access and use of the Website

zenofmybody.com is a yoga portal where you will find out everything about yoga. We offer a wide variety of features and services, including video lessons, where experienced instructors will show you how to achieve your perfect shape and reach a new level of spiritual development. An integral part of our portal is the radio, using which our users can clear their mind and focus on mediation or exercises. Explore yoga and meditation with zenofmybody.com.

After registering your account on the Website, you will have 3-day access to the Website`s Service.

You can get full access to the Services you like on our fee-based membership (hereinafter – “paid Membership”).

The date of Your account registration shall also be deemed as the date of the paid membership start in effect (according to the conditions provided hereto).

After registering your account, you gain access to the Services through the following types of paid memberships:

- 1.95 EUR Trial Service:
For a period of 3 days since the date of your account registration you get access to our Services with the price of 1.95 EUR - trial membership (Membership);

- 65.85 EUR Service:
Since the first day after the Trial Service period end up (means 3 days after the account registration date) You will be entitled to our Service based on a monthly fee membership with a price of 65.85 EUR per each month of the membership.

You will be charged in your local currency based the exchange rate at the moment of your purchase - 1.95 EUR for Trial Service and 65.85 EUR since the first day after the Trial Service period end up correspondingly.

The prices are subject to offers, discounts and changes in favour of the customer may be applied at any time, You will be notified by email beforehand. Please note that we reserve the right to alterdiscount amount from 10% to 50% (usually varies individually), the exact percentage of discount is sent by email notification before the re-bill charge.

You will be charged the rate stated above, (all applicable taxes are included), every month for the duration of Your membership. If the applicable VAT rate (or other included tax or duty) changes the tax-inclusive price will adjust accordingly (You will be informed about it one day before Your re-bill in the notification email). Please be aware that the descriptor (or subject line that appears on Your credit card) entry will be zombpay.com +36 1 848 0342, zombbill.com Csomad, zenombody.com +36 1 848 0342, zenofmybody.com +36 1 848 0342, znofbill.com +36 1 848 0342.

Immediately after the membership, We undertake to send our customers, an email with the following details of the membership:

• Name of the Website
• Price of the membership
• Duration of the membership
• Connection identifiers
• Date and time of the renewal
• Renewal price
• Duration of the renewal
• Customer`s email address
• Cancel membership.

In addition, You will receive another email-reminder, 24 hours before the expiry of the trial period, informing You that the trial period is coming to an end and providing You with a membership cancellation link.

You can easily cancel the paid membership by sending a request to our support by email to support@zenofmybody.com. Please be aware that the descriptor (or subject that appears on Your credit card) entry will be zombpay.com +36 1 848 0342, zombbill.com Csomad, zenombody.com +36 1 848 0342, zenofmybody.com +36 1 848 0342, znofbill.com +36 1 848 0342 operated by Company, an eCommerce merchant located in Hungary.

Obligation to make a correct use of the Website

The User agrees to use the Website in accordance with the law, these Terms and Conditions, as well as morals, good customs and public order.

The User undertakes to refrain from using the Website for illicit purposes or effects, contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Website or prevent the normal use or enjoyment of the Website by Users.

The User further agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause.

Means for obtaining Content

The User must refrain from obtaining and even attempting to obtain information, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material accessible through the Website (hereinafter, the “Contents”) using means or procedures other than those that, depending on the case, have been made available for this purpose or have been indicated for this purpose on the web pages where the Contents are located or , in general, of those that are habitually used on the Internet for this purpose provided that they do not entail a risk of damage or disablement of the Website.

In any case, Users will require prior authorization to use the Contents stored on the Website.

Intellectual property

Upgrade Solutions Kft. its Group Companies and when its will be possibly its licensors (including any Third-Party Providers) are the sole holders of all rights on the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP")/

The modification, reproduction, publication or transfer of any Content to other people, or its use for any purpose is prohibited Except to the extent permitted by current law, disassembling, decompiling, reverse engineering or attempting by any means to break content protection. All content, elements and information on this Site including all text, format, images, music, brands, logos, signs, trade names, sounds, graphics, videos, animation, and other materials on this Website are the property of Upgrade Solutions Kft., its subsidiaries and affiliates and controllers, and those of third-party contractors, licensors or assignors that correspond. Some of the Contents are protected by copyright and trademark laws. Any unauthorized use of the Services and Contents of the Website that violates the property and intellectual property rights of Upgrade Solutions Kft. or third parties, may imply the initiation of the corresponding legal actions by the holders of the rights. Access to or use of this Website will not imply in any way the granting or denial of any license, concession or right to use any of the brands, names, logos, designs or Contents protected by the intellectual property rights of Upgrade Solutions Kft. or from any third party, as appropriate. The creation of web pages, Internet sites, electronic documents or computer programs or computer applications of any kind that contain hyperlinks or brands that redirect the navigator to any Content on this Website is not allowed, without the corresponding authorization.

You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose.

You hereby acknowledge that by using the services and the Websites You obtain no rights in the Website Content and/or the Trademarks, or any part thereof. Under no circumstances may You use the Website Content and/or the Trademarks without Company’s prior written consent.

Additionally, You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Company and/or its licensors (including any third party providers) in the Software, the Trademarks or the Website Content nor will You do anything that damages the image or reputation of Website, Company, shareholders, employees, directors, officers and consultants. You warrant that any names or images used by You in connection with the Website or services (for example, Your user name) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant Website a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Websites or services, subject to the terms of Privacy Policy.

Correct use of the Contents

The User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (a) using the Contents in a manner, for purposes or effects contrary to the law, morals and good customs generally accepted or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (c) suppress, evade or manipulate the “copyright” and other identifying data of the rights of Upgrade Solutions Kft. or its owners incorporated into the Contents; (d) use the Contents and, in particular, the information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing said information in any way.

Liability for damages and detriments

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss. The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

The User will be liable for damages of any kind that Upgrade Solutions Kft. may suffer, directly or indirectly, as a consequence of breach of any of the obligations derived from the Terms and Conditions or the law in relation to the use of the Website.

Object

Through the Website, Upgrade Solutions Kft. provides Users with access and use of various services described on the Website (hereinafter, the “Services”).

Upgrade Solutions Kft. reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the Services and the conditions required to use the Website.

Privacy Information

Through the Use of the Website and Services, the User may provide the Company with certain information. By using the Website or the Services, the Users authorize the Company to use their information in Hungary, European Union and any other country where We may operate.

• a) Information We May Collect or Receive: Depending on how the User use the Website or the Services, We may receive information from external applications the User indicate to access the Website, or the we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
• b) How We Use Information: the Company uses the information gathered from the Users to ensure they continued good experience on the website. The Company may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.
• c) How You Can Protect your Information: If you would like to disable the Company’s access to any passive information We receive from the use of various technologies, you may choose to disable cookies in your web browser.

For detailed information please refer to our Privacy Policy.

Use of the Website and Contents under the exclusive responsibility of the User

Use of the Website: access to this means that you have accepted that the use that you will make of this Website, its Contents and the information contained in it will have legitimate and legal purposes, and will be made in compliance with these TERMS AND CONDITIONS and all and any applicable laws, in any case, under your sole responsibility.

Acceptable Use

You as the User agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services:

• I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
• II) To violate any intellectual property rights of the Company or any third party;
• III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
• IV) To perpetrate any fraud;
• V) To engage in any unlawful activity;
• VI) To publish or distribute any obscene or defamatory material;
• VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
• VIII) To unlawfully gather information about others.

Guarantees and liability

Company does not guarantee the availability and continuity of the Website at all the time. When possible, Upgrade Solutions Kft. will previously warn of interruptions in the operation of the Website. Company does not guarantee the usefulness of the Website and the Services for the performance of any particular activity, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Website, access the different web pages that make up the Website or those from which the Services are provided.

Company does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

Indemnification

You hereby agree to fully indemnify and hold harmless us, our directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and us with respect to the Website and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.

If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.

You agree that the Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Breach, Penalties and Termination

If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend, or to close your Account.

You acknowledge that Company shall be the final decision-maker of whether you have violated Terms and Conditions in a manner that results in suspension or permanent barring from participation in our site(s).

If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

License

Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials (these materials may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services) solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement. To use this Website, You confirm that you are 18 years old or of legal age in Your country/state to which You are entitled to enter into independent contracts if that age is more or less than 18 years for Your country/state. Persons who are under 18 or under the legal age ("Minors"), which allows separate contract are forbidden to use the Website.

Force Majeure

The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

General Information

All communications made or notices given pursuant to this Agreement shall be in English. Through Your use of the Website or Services, You agree that the laws of Hungary shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the jurisdiction of Hungary. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The place of arbitration shall be in Warsaw, Hungary. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Each Party shall bear their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.

In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

Our Customer Complaints Procedure has the following goals:

- To deal with complaints fairly, efficiently and effectively;
- To ensure that all complaints are handled in a consistent manner throughout;
- To increase customer satisfaction;
- To use complaints constructively in the planning and improvement of all Services.

Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: support@zenofmybody.com.

Upgrade Solutions Kft. would like to sort out any complaint as soon as possible. If You are not satisfied or do not wish an informal solution, You may pursue a formal complaint. Write down Your complaint and send it to: support@zenofmybody.com. You will receive acknowledgement of Your complaint within 14 working days. You may be contacted to make sure that we have understood Your complaint properly. You may be asked to provide more details in order to investigate the complaint. You will receive a response to Your complaint within 28 working days of its receipt. Any extension of this time limit requires Your consent.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of the Hungary.

Descriptor

You can easily cancel the paid membership by sending a request to our support by email to support@zenofmybody.com. Please be aware that the descriptor (or subject line that appears on Your credit card) entry will be zombpay.com +36 1 848 0342, zombbill.com Csomad, zenombody.com +36 1 848 0342, zenofmybody.com +36 1 848 0342, znofbill.com +36 1 848 0342, operated by Upgrade Solutions Kft., an eCommerce merchant located in Hungary.