These terms and conditions apply to our services for retreat providers. By buying a listing, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
1) Inquiries and reservations:
Clients contact you directly through the link to your website or email you provide and you, the retreat provider, handle the reservation and payment. If clients contact us through our website we will forward you the inquiry.
2) Time that your listing will stay online:
Your listing will be online for up to 12 months or until the expiry of the event date, whichever is soonest. You have the right to cancel the listing for any reason at any time. Please email us at firstname.lastname@example.org if you would like to cancel your ad.
3) We may discontinue or suspend our site or terminate your use:
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that Happy Yoga Travels shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your listing on our site for any reason, and to take any other actions that Happy Yoga Travels, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
We only include yoga-related listings and reserve the right to refuse a listing.
4) We have all rights in our site and content; you grant us certain rights when you submit content to us:
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of Germany and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein.
You must abide by all additional copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Happy Yoga Travels we may authorize such content to be distributed or syndicated to or published on other Happy Yoga Travels-branded environments.
5) You will be responsible for any harm we suffer as a result of your violation of these Terms and Conditions or any breach by you of your representations and warranties:
You agree to indemnify and hold harmless Happy Yoga Travels and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
6) Our liability to you is limited:
Happy Yoga Travels and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
7) Content / availability:
When rendering our services, the information that we disclose is based on the information provided to us by you, the retreat organizer. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each retreat povider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with German law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Hamburg, Germany.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Note: Our goal is to help teachers and retreat providers spread the word about their retreats. We are here to help. If you have any questions or concerns, do not hesitate to contact us!
Effective as of 28 January 2019