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Terms of Business

Status: 29 September 2023

 

These conditions

 

(1) This website (the "Site") and/or the services, including any associated mobile applications (together: the "Services") and any other services we offer to our customers in the course of our business (the "Offered Services"), and the booking of such Offered Services (the "Booking") through the Site, is owned and operated by EncoSphera GmbH (hereinafter also: "we", "us" and "our(s)"). These terms and conditions ("Terms") set out the conditions under which visitors or users (together: "Users" or "you") may visit or use the Site and/or the Services and make Bookings.

 

 

(2) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and make Bookings. If you are a minor, you need the permission of your parents or legal guardians to use the Services or make Bookings.

 

Event Policy

 

Thank you for your interest in attending our event! To ensure that all guests have a great experience, we have set some guidelines. Please read the following information carefully:

 

1. minimum age: The minimum age for participation in our event is 21 years. We reserve the right to ask for a valid ID for age verification. Guests who have not reached the minimum age will not be admitted to the event.

2. reward level (BASIC, BRONZE, SILVER, GOLD, PLATINIUM, DIAMOND, THE SPHERA): You must have the correct reward level to participate in our event. Please ensure that you meet the necessary requirements to participate in our event.

3. ticket purchase: Ticket purchases are made in advance and are binding. Make sure you provide the correct information and fill in all required fields. Tickets are non-transferable.

4. no-show: no refunds will be given for no-shows or late arrivals. We therefore ask that you arrive on time and plan your tickets carefully.

5. code of conduct: We place great emphasis on respectful and appropriate behaviour by all attendees. Each guest should respect the event environment and the other guests. Any form of harassment, discrimination, violence or theft will not be tolerated and may result in immediate expulsion from the event.

6. liability exclusion: Each participant takes part in the event at their own risk. We accept no responsibility for injury, loss or damage to property during the event. We recommend that you do not leave personal valuables unattended.

7. programme changes: We reserve the right to change the programme or schedule of the Event at any time. If there are any changes, we will inform you as early as possible.

8. photography and recording: Photographers or videographers may be present during the event to capture memories. By attending the event, you agree that photographs or videos of you may be used for promotional purposes or to document the event.

9. legal requirements: All participants are required to comply with all applicable laws and regulations. Possession or consumption of illegal substances is strictly prohibited and will result in immediate removal from the event.

 

Please note that compliance with these guidelines is mandatory for all participants. We ask for your understanding and cooperation to ensure an enjoyable and safe event for all. Should you have any questions or concerns, please do not hesitate to contact our team.

 

Booking services offered

 

(1) You may make bookings to purchase the services offered. Through our Site or Services, we may authorise you to make appointments to use our Offered Services. When you make an appointment for one of our offered services, you agree to be at the specified location at the scheduled time and to pay the displayed price via the agreed method of payment. If it is not possible for you to keep the agreed appointment, you agree to cancel that appointment no later than 24 (twenty-four) hours before the originally agreed time. If you do not cancel an agreed appointment or do not cancel it at least 24 (twenty-four) hours in advance, you will not receive a refund for any payments already made.

 

(2) We may require payment for a particular service offered. When you make a payment in our offered services, you agree that: (i) you are responsible for reading the full entry and description of the services offered before making a binding booking; and (ii) you are entering into a legally binding contract to book an offered service when you complete the booking process.

 

(3) You may select the Services offered and available Appointments you wish to book and collect them in a shopping cart by making the relevant selection (e.g. type of Services offered, quantity (if applicable), date and time of the Appointment) and clicking the relevant button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for services offered at any time (provided that you will only be charged the amount you agreed to be charged prior to the price change) and to correct any inadvertent pricing errors with effect for the future.

 

(4) Before you click on the "Book" button, all the offered services and dates you have selected, including the total price, will be displayed again in a booking summary. You can then still identify and correct any input errors before you place your final binding booking order. By clicking on the button "book with obligation to pay", you place a binding order for the booking of the offered services on the selected date. However, the order can only be placed and transmitted once you have accepted these terms and conditions by clicking on the corresponding box and have thus included them in your booking order.

 

(5) We will then send you an automatic confirmation of receipt of your booking order by e-mail, in which your booking order is listed once again and which you can then print out or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not constitute our acceptance of that order.

 

(6) The legally binding agreement on the booking of the services offered is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your booking order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process, as described above, via the "book with obligation to pay" button.

 

(7) The contract can be concluded in [German]. After conclusion of the contract, the contractual terms and conditions will be stored by us, you will then no longer have access to them.

 

(8) The fees for the services offered are due before the start of the service. In the event that payment for the services offered is to be made offline, you hereby undertake to send payment in full prior to the scheduled time of the appointment. We reserve the right to refuse to provide the Services offered at any time if payment has not been received for them.

 

Refunds are not subject to cancellation protection

 

Appointments made for services provided may occasionally be cancelled due to events beyond our control, such as natural disasters. In these cases you will receive a refund.

 

Storage of online payment details

 

You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.

 

Right of withdrawal

 

(1) If you make a booking for the services offered via the Site or the Services, the following instructions will inform you of your right of withdrawal.

 

You may cancel this contract within 14 days without giving any reason.

 

The withdrawal period expires 14 days after the conclusion of the contract.

 

In order to exercise your right of withdrawal, you must send us

 

EncoSphera GmbH

Dorfstrasse 23

CH-8234 Stetten SH

Switzerland

info@encosphera.com

 

inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter by post or e-mail). 

 

In order to comply with the withdrawal period, it is sufficient that you send your notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the revocation

 

If you cancel this contract, we will refund to you - without undue delay and in any event not more than 14 days after we receive notice of your cancellation - any payments already received from you. We will make such refund using the same means of payment that you used for the original transaction, unless you have expressly authorised otherwise; in any event, you will not incur any charges as a result of such refund.

 

If the requested commencement of services falls within the withdrawal period, you must pay us a reasonable amount equal to the proportion of the services already provided (in relation to the total amount of services provided for in the agreement) at the time you notified us of the exercise of the right of withdrawal in relation to this agreement.

 

Expiry of the withdrawal period

 

(1) The right of withdrawal expires in the case of contracts for the provision of services (e.g. training or coaching services) if we have fully performed the services agreed in the contract and have only started to provide the services after you have expressly agreed to this and at the same time confirmed that you are aware that your right of withdrawal expires as soon as we have fully performed our services.

 

(2) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not mandatory.

 

Vouchers, gift cards and other offers

 

Vouchers, gift cards or discounts and other offers are available from time to time in respect of the services we offer ("Offers"). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

 

Member Account

 

(1) To access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.

 

(2) If someone other than you accesses your Member Account and/or your settings, they can perform all actions available to you and, for example, make changes to your Member Account. Therefore, we strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been done for you and on your behalf and you may be solely responsible for such activities that occur under your Member Account, whether or not expressly authorised by you, and for all damages, expenses and losses arising therefrom. You will be liable for activities related to your Member Account as described if you negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login credentials.

 

(3) You may create and access your Member Account through a designated website or through a third party platform such as Facebook (the "Social Network Account"). If you sign up through a third party platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.

 

(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users, for example, if you breach any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may be done without notice if the circumstances require immediate action, in which case we will notify you as soon as reasonably practicable. In addition, we reserve the right to terminate your Member Account upon two months' notice by email if, for example, we discontinue our Member Account programme. You can stop using and request the deletion of your member account at any time by contacting us.

 

Price plan guidelines

 

You must be at least 21 years of age to purchase a membership.

The EncoSphera membership term is one year, commencing on the date of first payment and continuing for one calendar year. The membership fee is payable in one instalment. Memberships with longer or shorter terms may be offered. If for any reason EncoSphera GmbH or the Service is dissolved, ceases to exist in its present form or materially changes its offerings, access to the EncoSphera Service may be terminated.

 

Please note that your membership fee from your credit card provider may be subject to a "cross border fee". We are not responsible for any fees charged by banks or credit card providers.

 

The EncoSphera membership fee is non-refundable and may not be charged back under any circumstances, including but not limited to termination of your account by EncoSphera Ltd or yourself, or suspension or restriction of your account for an indefinite period of time. Members will not be refunded if EncoSphera withdraws or modifies any offers, promotions, EncoSphera events, member privileges or other benefits.

 

If you initiate a credit card chargeback or payment dispute for the purchase of EncoSphera service, you have breached this Agreement and your account will be terminated.

 

EncoSphera membership will automatically renew ("Membership Renewal") approximately one calendar year from the date of your last membership fee payment. Membership renewal may occur later after completion of a free credit membership period and will occur automatically. You may opt out of such automatic renewal by visiting the Account Settings page.

 

Membership renewal fees will be automatically billed to the payment method on file with us for the full amount of the current membership fee (less any previous discounts) on the date your current membership period ends.

 

Your membership fee will not be charged if your account has been cancelled before the date of your membership renewal.

 

If your membership renewal payment fails, your access to the Service will be suspended. If your membership is not renewed within 14days of your membership period renewal date, your account will automatically expire.

 

EncoSphera reserves the right to review and change membership fees at any time. Changed fees will only apply upon renewal or re-registration of membership.

 

Fees and terms for events are subject to separate terms and conditions set forth in the "Event Guidelines". 

 

Permitted use

 

(1) Our Services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

 

(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personal information or impersonate any other user; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware (vii) robots, spiders, other automated devices or manual processes to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.

 

Intellectual Property Rights

 

(1) Our Services and related content (and any derivative works or enhancements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (together: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set out herein or as required by mandatory law for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.

 

(2) Where the Services offered booked by you require or involve the use of digital content, such as music or video, you are granted the rights as set out in relation to such bookings on the Site.

 

Disclaimer of warranties for use of the Site and Services

 

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided on an "as is" and "as available" basis without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This does not affect the warranty for any Services provided which you have ordered from us as set out in the "Warranty for Services provided" section above.

 

Indemnity

 

You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.

 

Limitation of Liability

 

(1) To the extent permitted by law, we exclude all liability in relation to our Services. Contract

 Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee shall remain unaffected.

 

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They shall also apply in favour of our directors, officers or other legal representatives, employees and vicarious agents.

 

Amendment of the terms and conditions and the services; discontinuation

 

We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms periodically and in any event during the booking process when you complete a booking. The new terms will apply to any new order you place after the effective date of the new terms. Where continuing services used by you are affected by the changes to the Terms, we will take reasonable account of your legitimate interests in doing so. We will notify you of any such changes in good time in advance. You will be deemed to have accepted the changes unless you object to them within two months of this notice. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.

 

We may change the Services, stop providing the Services or one or more of the features of the Services provided, or restrict the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving any reason and without further obligation. We will, where possible in the circumstances, give you reasonable advance notice and give due consideration to your legitimate interests in taking such action.

 

Links to third party websites

 

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.

 

MISCELLANEOUS

 

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

 

(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.

 

(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.

 

(4) You may not assign your agreement with us entered into under these Terms, or any or all of your contractual rights or obligations, without our prior written consent.

 

(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services and the booking of Services offered.

 

(6) The provisions of these Terms which by their nature are intended to survive any such act by us shall survive, in particular in respect of provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section.

 

(7) Swiss law (excluding the CISG) shall apply. The place of jurisdiction is at the location of our registered office. 

 

Contact

 

To contact us, please send an e-mail to:

Name: EncoSphera Ltd.

Address: Dorfstrasse 23, CH-8234 Stetten SH, Switzerland

E-mail address: info@encosphera.com

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