General terms and conditions
These Terms and Conditions (“Agreement”) contain the general terms and conditions governing your use of the hypnose.net and omnihypnosis.academy website (“Website” or “Service”) and all related products and services (collectively, the “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Hypnose.NET GmbH / OMNI Hypnosis International (“Hypnose.NET GmbH / OMNI Hypnosis International”, “we”, “us” or “our”). By accessing and using the Site and its contents, you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you acknowledge that you have authority to contract on their behalf. In this case, the terms “User”, “you” or “your” refer to such company or legal entity. If you do not have such authority or do not agree with the terms of this Agreement, you may not accept this Agreement and may not access or use the Site and its products and content. You acknowledge that this Agreement constitutes a contract between you and Hypnose.NET GmbH / OMNI Hypnosis International, whether entered into electronically or signed physically. This electronic agreement governs your use of the website and the services offered thereon.
User accounts and memberships
You must be at least 18 years old to use the Website and its content and products. By using the Website and Services and by agreeing to this Agreement, you warrant that you are at least 18 years of age. If you create a user account on the Website, you are responsible for maintaining the security of your account. You are fully responsible for all activities that occur under and with that account and for all activities related thereto. We have the right, but not the obligation, to monitor, review and/or reject new accounts. Providing false contact information of any kind may result in termination of your account without notice and without refund of any purchases made. You are required to notify us immediately of any unauthorized uses of your account or other breaches of security. We will not be liable for any acts or omissions for which you are responsible, including damages of any kind incurred as a result of such acts or omissions. We may suspend, deactivate or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct is damaging to our reputation or business. If we delete your account for any of the above reasons, you may not be able to register for our Site or Services again. We may block your email – and IP address(es) to prevent further registration.
It is expressly prohibited to make your personal and non-transferable login information public, share it and/or make it available to third parties. The content is personal to you and also may not be used as a performance in front of an audience, whether for free or for payment, publicly or privately. The content may also not be used for educational purposes or otherwise publicly performed and / or offered for rent in a library / video store. All videos – streaming and / or downloads, text, images and trademarks are copyrighted by Hypnose.NET GmbH / OMNI Hypnosis International, except where otherwise declared. The login is personal, individual and non-transferable, whether free or against payment. Any misuse will be punished with a penalty of at least CHF 50’000 per case.
These are personal, non-transferable rights of use and not ownership. The illegal provision on file-share platforms, whether free of charge or against payment, is expressly prohibited and will be punished per case with a contractual penalty of at least CHF 1’250’000.- damages.
Billing and payments
You will pay all prices, charges and fees in accordance with the price and fee schedule and payment terms in effect at the time they are due. If you have purchased any services, subscriptions or products that automatically renew, they will be automatically charged according to the applicable terms of the corresponding product. By purchasing a product that automatically renews, you agree to recurring payment. Protected and personal data exchange takes place through an SSL secured communication channel and is encrypted and protected with digital signatures. The website and its content and products also comply with PCI vulnerability standards to provide the safest possible environment for users. For added security and protection, scans for malware are performed on a regular basis. If, in our judgment, your purchase is a high-risk transaction, you will be required to provide us with a copy of your valid identification and possibly a copy of a current bank statement for the credit card used. We reserve the right to change products and product prices at any time. We also reserve the right to refuse orders placed. We may limit or cancel orders placed and purchases made at our sole discretion. If we change or cancel an order, we have the right but not the obligation to contact you via your email and / or billing address / phone number.
Reliability of messages and information
It is possible that information provided on the Website regarding discount or promotional offers and for other offers may occasionally contain errors and inaccuracies or be incomplete. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. Likewise, we may cancel orders if information on the Site or specific offers is incomplete (even after you have already placed your order). We do not assume any obligation to update, change or clarify information on the website. This expressly includes price information, unless otherwise required by law. Should an update date be indicated on the website, it cannot be concluded that all details and information have been updated on this date.
Third party services
If you use, activate or access third-party programs or applications, please note that we are neither responsible nor liable for them. Use of these programs or services is subject solely to the terms and conditions of the respective providers. We do not endorse third-party applications and are not responsible for any content or use of their data. You expressly and irrevocably waive any claim against Hypnose.NET GmbH / OMNI Hypnosis International with respect to your use of any third-party programs or services. Hypnose.NET GmbH / OMNI Hypnosis International shall not be liable for any damage or loss caused or alleged to be caused by the use of such products, including any damage or loss caused by inadequate data protection or security. You may be required to register for other programs or services on the applicable platforms. By activating other services, you expressly permit Hypnose.NET GmbH / OMNI Hypnosis International to disclose your information as necessary to facilitate the use or activation of such other services.
Backups
We perform regular backups of the website and its content and will do our best to ensure the completeness and accuracy of the backups. In case of hardware failure or data loss, backups are automatically restored to minimize negative effects and downtime.
Advertising
While using the Site and Applications, you may come into contact with advertisers who offer their products or services through the Site or participate in promotions. Any such exchanges and any related activities, associated terms, warranties or representations are solely between you and the applicable third party. We assume no liability, obligation or responsibility for any such contacts, purchases or promotions between you and any third party.
Links to other applications and resources
Although the Website or services offered may be linked to other applications and resources (such as websites, mobile applications, etc.), this does not constitute direct or indirect approval of, collaboration with, or affiliation to any linked application or resource, unless otherwise expressly noted.
Some links on the Site may be “affiliate links.” If you purchase a product or service by clicking on such a link, Hypnose.NET GmbH / OMNI Hypnosis International will be compensated with an affiliate commission. We are not responsible for reviewing or evaluating any third party offers. We do not warrant or assume liability for any third party offers. Carefully review legal notices and terms of use of all external providers you access through a link on our website. Linking to other external providers is at your own risk.
Links to other applications and resources
Although the Website or services offered may be linked to other applications and resources (such as websites, mobile applications, etc.), this does not constitute direct or indirect approval of, collaboration with, or affiliation to any linked application or resource, unless otherwise expressly noted.
Some links on the Site may be “affiliate links.” If you purchase a product or service by clicking on such a link, Hypnose.NET GmbH / OMNI Hypnosis International will be compensated with an affiliate commission. We are not responsible for reviewing or evaluating any third party offers. We do not warrant or assume liability for any third party offers. Carefully review legal notices and terms of use of all external providers you access through a link on our website. Linking to other external providers is at your own risk.
Unlawful use
In addition to the other terms and conditions set forth in this Agreement, it is prohibited to use the Website, any products offered thereon, or the content thereof as follows: (a) for any unlawful purpose; (b) to incite any unlawful or criminal act or deed; (c) the violation of any international, regional, cantonal or state rules, regulations, laws or ordinances; (d) the infringement of our copyrights and rights of use, and the disregard or violation of our intellectual property rights and the copyrights and rights of use and intellectual property rights of third parties; (e) discriminating, insulting, harassing, defaming, disparaging or intimidating on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmitting false or misleading information; (g) uploading or transmitting viruses or harmful programs of any kind that may impair the functionality or operation of the Website and the products and services offered, as well as the products and services of third parties; (h) spamming, phishing, pharmerizing, pretexting, spidering, crawling or scraping the Website or its content; (i) using it for obscene or immoral purposes; or (j) circumventing or compromising the security measures and firewalls of the Website and its content and third-party content and websites. We reserve the right to terminate your use of the Site and its Content for violation of any of the prohibited uses and to terminate your account without right to refund. Any efforts and costs incurred as a result will be consistently charged to you.
Copyrights and intellectual property rights
The entire website and all products, images and services contained therein are subject to Swiss copyright and intellectual property laws. The term “intellectual property rights” includes all present and future rights granted by statute, common law or endorsement in connection with or relating to copyrights, rights of use and related rights, trademarks, designs, patents, inventions, goodwill, rights to inventions and all other intellectual property rights, registered or unregistered, including all applications and rights applied for. This Agreement in no way transfers to you any intellectual property of Hypnose.NET GmbH / OMNI Hypnosis International or any third party. All intellectual property rights, in whatever form, remain exclusively with Hypnose.NET GmbH / OMNI Hypnosis International. All trademarks, content, graphics and logos etc. used in connection with the website and products are trademarks or registered trademarks of Hypnose.NET GmbH / OMNI Hypnosis International or its licensors. Other trademarks, graphics and logos etc. used in connection with the Website and Products or offerings may be trademarks of third parties. Your use of the Website and Products grants you no rights, licenses or trademarks of Hypnose.NET GmbH / OMNI Hypnosis International or any third party. Use or disclosure is prohibited.
Exclusion of liability and warranty
You agree that the Site and all products offered thereon are provided “as is” and “as available” and that your use of the Site and products is solely at your own risk. We expressly disclaim liability and warranties of any kind. We do not warrant that the products and services will meet your requirements or that the service provided will be uninterrupted, timely, secure or error-free. We make no warranty as to the results that may be obtained from the use of the products or services or as to the accuracy or reliability of any information contained in our offerings. You agree that any material and/or data that may be downloaded or otherwise made available through the use of the Site and Products is done at your own discretion and risk, and that you are solely responsible for any damage or loss of data that results from the downloading or streaming of such material. We do not warrant any goods or services purchased or provided through the Site.
Hypnose.NET / OMNI Hypnosis International is liable for ordinary negligence – except in the case of injury to life, body or health – only insofar as essential contractual obligations (cardinal obligations) are breached. Liability is limited to the foreseeable damage typical for this type of contract, up to a maximum of CHF 3,000. Liability for indirect and unforeseeable damage, loss of production and use, loss of profit, loss of savings and financial loss due to claims by third parties, is excluded in the case of simple negligence – except in the case of injury to life, body or health. Any liability beyond the scope of this contract is excluded – regardless of the legal nature of the asserted claim. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the Product Liability Act) or liability under a strict warranty.
Damages
You agree that Hypnose.NET GmbH / OMNI Hypnosis International and its affiliates, directors, officers, employees, agents, suppliers and licensors shall not be liable for any damages, claims, liabilities, costs or demands incurred by you as a result of any misconduct or misuse of the Site or the Offerings by any third party.
Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
Conflict Resolution
The formation, interpretation and performance of this Agreement and all disputes arising hereunder shall be governed by the substantive and procedural laws of Switzerland, without regard to its conflict or choice of law rules, and, to the extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue for any action relating to the subject matter of this Agreement shall be the courts of Switzerland. You hereby consent to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Assignment
You may not assign, resell, sublicense or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment or transfer shall be null and void. We shall be free to sell any or all of our rights or obligations under this Agreement to any third party or to assign them in a stock sale or merger.
Changes and additions
We reserve the right to modify or update this Agreement or its terms and conditions relating to the Website and the Products at any time. Changes will become legally effective upon publication on the Website. When a new version of this Agreement becomes effective, we will indicate this by posting the updated date at the bottom of this page. Your continued use of the Site and the Products following any such change will constitute your acceptance of such changes.
Acceptance of the present conditions
You acknowledge that you have read this Agreement and agree to all of the terms and conditions contained herein. By accessing the Website and the Products, you accept the Terms of Use and the Privacy Policy. If you do not agree to the terms of this Agreement, you are not authorized to access or use the Site and Products.
Contact
If you have any questions in connection with this Agreement, please contact us at [email protected] or by writing to Hypnose.NET GmbH, Weiherweg 8, 8604 Volketswil, Switzerland.
