TERMS & CONDITIONS
Please read our Terms & Conditions diligently and in their entirety before using Carla Marcus - Yoga & Health (after this referred to as the “Site” or this “Website”, or “We”).
This Site and all its content are owned by Carla Marcus - Yoga Teacher & Integrative Nutrition Health Coach (hereinafter referred to as “Carla Marcus”). These Terms & Conditions are published to explain clearly, outline, and layout the terms, rules, and conditions of using, viewing, and/or browsing this Website and/or purchasing or downloading any E-book, class, course, service, program, or product offered on or by us on this Website.
By using this Website to any extent, you comply and agree to these Terms & Conditions. You confirm that you have read, understood, and consented to these Terms & Conditions.
Disclaimer
Carla Marcus is a health coach and yoga teacher, but not your doctor. All the information shared on my website, emails, services, and products is only for educational and informational purposes. It might not be the best choice for you or your personal situation and health condition. It does not intend medical advice, nor is it a replacement for professional medical advice, treatment, and diagnosis.
Definitions
“We”, “I”, “Our”, “This Website“, “Site”, “Company”, or “Us” means Carla Marcus - Yoga & Health and this website, carlamarcus.de
“Content” means and relates to any and all written, video, visual, or audio content on the Site, including all E-mails received from Carla Marcus, and all written or downloadable material purchased, and viewed on this Website. This includes but is not limited to blog posts, graphics, newsletters, documents, templates, designs, information, and materials.
“Personal Information” means information that can be used on its own or in association with other information to contact, identify, or locate a person. For example, this personal information includes, amongst others, your name, email address, address, phone number, credit card information, site behavior, and so on.
“Site, Courses, Services, and/or Products” means any Content that is created by Carla Marcus on this Website. Content is defined as email lists/newsletters, social media posts, blog posts, coaching services, courses, guides, e-Books, forms, worksheets, webinars, website materials, software applications, and/or templates available on this Website.
“Site” or “Web Site” means Carla Marcus - Yoga & Health and any and all of its associated pages, landing pages, tabs, forms, and sub-pages.
“You” or “Your” means the user, consumer, customer, or viewer of this Website.
Your Consent to These Terms & Conditions
By using our Website, Purchasing or Downloading anything from our Site, Services, Courses, and/or Products, you implicitly and freely consent to these Terms & Conditions as displayed here.
Site Rules
By using this Site and/or completing any Purchase, you hereby approve & consent not to:
Use the Site in any way or for any purpose which infringes any law of the legislation of the European Union and the jurisdiction in which you use this Website.
Post or send any “spam” or unwanted, unrequested content.
Post copyrighted materials, photographs, or content that do not belong to you.
Advertise or market your own content, products, or services through this Site, or the content, services, or products of anyone else other than us.
Share, copy, download, post, or share our intellectual property in any way that violates on our intellectual property rights.
Consent
By using this Website and/or completing any Purchase, you implicitly and freely agree to act in conformity with and accept these Terms & Conditions, Privacy Policy, and our Disclaimer. By using the Website and/or making any Purchase, you represent and affirm that you are at least 18 years old. Any usage of, or access to, this Website and its Content by anyone under the age of 18 is unauthorized and in direct infringement of these Terms & Conditions and our Privacy Policy.
No Claims Regarding Results
Any and all present or past-client testimonials, words, or examples used by us are mere that: examples. They are not promises that you will also experience or acquire the same results. Each client and his/her circumstances are exceptional and nothing can be interpreted as a promise that you will experience the same outcomes as another client of ours.
External Websites or Third-Party Links
Our Website, Services, Courses, and/or Products may include or have website URL links to external websites or third-party sites. Generally, these URL links are provided so that you may instantly access a site that holds relevant information. Please note we are not accountable for any of the information held on or within external websites or third-party websites. We are not accountable for the way they manage your Personal Information, whether they have a privacy policy or any information you provide to them by seeing their website. You are liable for reading and consenting to or expressing disagreement with, the external website’s terms & conditions or privacy policy.
Purchase & Access Terms
During the span of your use, Purchase, and/or Download from the Website, Services, Courses, or Products, you consent and comprehend that you cannot distribute, copy, forward, and/or transfer information prohibited by our Terms & Conditions. You also approve and understand that you are to take all required steps to make sure that you do not inadvertently transmit or spread said materials, including protecting your own password (if you have any) to the Website to access your Purchase, Product, or Download. Any infringements of these Terms & Conditions will be legally followed to the fullest degree authorized by the law of German Legislation.
Our Refund Policy
Refunds will not be issued for services generated unless specified in the product offering. For Yoga Classes, Courses, Retreats and/ or other Events we are not doing a refund. There is the possibility of a voucher for a similar Class, Course, Retreat, or Event. Physical products can be returned to the sender at your own shipping cost. If you have any questions or concerns, please feel free to contact us at: support@carlamarcus.de
Payment & Purchases
When you Download, and/or Purchase one of our Products, Services, Courses, and Products from us or the Website, you are able to pay by credit card. By doing so, you provide Carla Marcus authorization to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you are advised to save for your own records. If you select the installment or “pay over time” possibility at checkout, you consent that Carla Marcus has approval to automatically charge, without corresponding with you before each installment transaction is authorized, the amount due on the date(s) consented upon at checkout. In case your payment method fails or is otherwise denied, you will be withdrawn from, or canceled from having access to, our Services, Courses, and/ or Products. Please note, that in the potential event, your payment method is rejected at any time, you are still accountable for the full cost of your Purchase, Service, or Course.
We do not accept any chargeback threats. If any chargebacks are placed on a Download or Purchase of our Website, we will inform the incident to the responsible major credit reporting agencies. Doing so could have an unfavorable impact on your credit score or credit report. In case we need to do so and you wish to have this report removed from your credit report, please contact us to organize the payment owed. Once your payment that was owed is received, we will make immediately the appropriate reports to the credit agencies.
Payment processing corporations may have different privacy policies and practices than we have them. We are not liable for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control that may compromise your credit card or the payment method. We are not accountable or responsible for any of those events.
Hereby you release us from any and all harms related to your payment or use of our payment processing companies which you incur and further consent not to claim any lawsuits against us or them for any harms which arise from your Purchase or use of our Website and its entire Content.
Your Release of Us
By using the Website or Purchasing, Downloading, or using Carla Marcus Services, Courses, and Products, you consent to release, forgive, and forever release Carla Marcus, its associates, employees, sellers, contractors, subcontractors, and affiliates from any and all lawsuits, liabilities, damages, judgments, actions, charges, demands, and/or costs, whether known or unknown, both legal and fair in any manner.
No Guarantees, Warranties, or Representations Are Being Made
We do not offer any guarantees, of any sort, about the Website, Courses, Services, Purchases, Downloads, and/or Products in any way. The whole Website and its Content are offered “as is” and without promises of any kind, neither express nor implied, to the extent allowed by german legislation law.
Indemnification & Defense
You shall, at all times, indemnify, defend, and hold harmless Carla Marcus and all of our members, affiliates, contractors, subcontractors, employees, and licensees from and against all defeats, harms, injuries, delays, deaths, lost profits, and costs arising out of any proceeding (a) brought by either a third-party or by Carla Marcus (b) arising out of the breach of your responsibilities, representations, guarantees, or covenants under the Privacy Policy or these Terms & Conditions and (c) occurring out of any alleged infringement or neglect said to have been committed by us.
The Arbitration Clause
If you have any complaints or should any problem arise in the use of the Website or any Courses, Services, and/or Products of Carla Marcus, please contact us instantly first by emailing us at hello@carlamarcus.de. Nonetheless, if we are unable to amicably resolve your argument in that manner, you consent that you and Carla Marcus have to submit your argument to acute arbitration with the German Institution of Arbitration, before an arbitrator that is mutually agreed upon, in agreement with the German Institution of Arbitration rules.
By approving this term, you hereby acquiesce and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. If there is any arbitration hearing needed, it must be held within 50 kilometers of Uhldingen, Germany, or another location that is mutually determined. In case the arbitrator issues an award or a judgment is made, the judgment will be binding and will be entered into court in the State of Baden-Württemberg, Germany. The only award that can be given to you is a refund of any payment made to Carla Marcus - Yoga & Health for the applicable Product or Service. There is no permission to seek additional impairments, including significant or punitive impairments.
Consent to Governing Law
These mentioned Terms & Conditions, and any possible controversy arising out of them, will be governed by the laws of the state and legislation of Germany.
Termination of Your Use
At our exclusive discretion, we are authorized to terminate your use or access to the Website, Courses, Services, and/or Products, if you mishandle, infringe, or breach any of our Privacy Policy, or these Terms & Conditions and Disclaimer, or any other terms to which you have consented to.
Severability
The above-mentioned conditions of these Terms & Conditions are severable, and the invalidity or unenforceability of any requirement does not affect the validity and enforceability of any other requirement herein. If any paragraph, section, subsection, sentence, or clause of our stated Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability will have no consequence on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
Security & Your Privacy on the Site
Please carefully read this Websites Privacy Policy about how we manage your personal information.
Entire Agreement
These outlined Terms & Conditions, our Privacy Policy, and Disclaimer include the fundamental arrangement between you and us with respect to the Website, our Courses, Services, and/or Products, and they replace all prior or contemporary communications and recommendations, whether oral, written, or electronic between you and us with respect to the Website, all Courses, Services, and/or Products.
Contact
If you have any questions or concerns regarding these Terms & Conditions, you are welcome to contact us for more information: support@carlamarcus.de
Thank You & Many Blessings!