General terms and conditions
By using the Services, you agree to the General Terms and Conditions set forth by Fyooga s.r.o. (hereinafter referred to as the "Terms") for the Zenamu Platform. These Terms are binding for you and the Platform operator at the moment of registration confirmation. If you have any questions, please contact us at firstname.lastname@example.org.
Glossary of Terms
To help you better understand these Terms, here are some definitions:
- Zenamu Platform (also “Zenamu” or “Platform”)
- This refers to the website located at https://zenamu.com, including its subdomains, products, and services
- It serves as an advertising portal that connects service providers (such as yoga studios or individual teachers) with those who are interested in their services.
- It also provides features to help providers manage and promote their work, and allows them to enter into service contracts and receive payments.
- The operator of the Zenamu Platform (also “Seller”) is Fyooga s.r.o. (Reg. No.: 11885173) with its registered office at Janov nad Nisou 304, Janov nad Nisou, 46811. The operator may also be referred to as "we," "us," or "our."
- A user of the Zenamu Platform is a natural or legal person who uses its services. You may also be referred to as " you" or "your."
Zenamu (User) Account
- This is a system account that uniquely identifies users within the Platform. It's also known as "Zenamu Account," " User Account," or simply "Account." Users create this account during registration and use it to log into the Platform.
- A Service Provider, also known as "Provider or Buyer," is a user who offers or plans to offer services through the Platform that can be subscribed to and completed.
- In these Terms, a Provider represents a natural or legal person, such as a yoga studio.
- A Service Participant, also known as "Participant," is any user who subscribes or plans to subscribe to any of the services offered through the Platform.
Zenamu Platform Service Agreement
- This is a contract between the Operator and the Provider.
- This is a contract between the Provider and the Participant.
- Payments for the Platform services are processed through recurring automatic debits from the Provider's payment card by the Operator.
The User can access the Platform's services either through their Zenamu Account or by making a booking by providing their email to the Operator.
To create a Zenamu Account, the User must fill in the mandatory registration form on the Platform page and submit it.
The User agrees to provide truthful information while filling out the registration form.
The User is responsible for:
Keeping their account access details confidential
Protecting their account from unauthorized access
The User acknowledges that the Operator is not liable for any breach of this responsibility or any unauthorized use of the Account by a third party due to a breach of this obligation.
By registering to Zenamu, the User confirms their acceptance of these Terms and acknowledges that accepting them creates a contractual relationship ("User Account Agreement") between the User and the Operator, which is valid for the duration of the Account's existence on the Platform.
The User agrees to comply with the rules outlined in these Terms and Conditions for the duration of this Agreement.
- The User can request cancellation of their Zenamu Account anytime without giving any reason by sending an email to email@example.com.
- The Operator also has the right to cancel the User's Account.
- The User will receive information about the cancellation through the email address linked to their Zenamu Account.
- In both cases, there will be a 1-month notice period from the Operator's acknowledgement of receipt of the User's request or from the Operator's decision to cancel the User's Account.
Zenamu Platform Service Agreement
Formation of the contract
By creating an administrator profile, the Service Provider enters into a Zenamu Platform Services Agreement with the Operator. The terms of the agreement are described below.
As the Service Provider becomes the controller of its clients' personal data, it enters into a Processing Agreement with the Operator along with the Data processing agreement. In this case, the Provider acts as a processor.
Newly registered Providers can use the trial version of the Platform for a limited time to get familiar with its features and operation. After the free trial period has ended, they can subscribe to a paid subscription.
The types of subscriptions, duration of the trial period, and payment terms are published on the website https://www.zenamu.com. The price for different subscriptions is subject to the currently valid price list published at the same address.
To purchase and activate a subscription, the Provider must fill in all billing information correctly and make the payment.
The Operator reserves the right to refuse orders with incorrect or incomplete information.
If the Provider is a natural person and provides a Company ID number in the order, the Operator will consider the Provider as a business, not a consumer.
By confirming and submitting the order, the Provider accepts the price, payment terms, and places a binding order for the subscription.
The Provider can pay for the subscription in the following ways
- By credit card via ThePay (https://www.thepay.eu/), which provides secure credit card acceptance technology.
- The Operator uses automatic Recurring Payments
- by completing the order form in the Platform and making the first payment by card in 3D Secure 2.0 mode, the Provider agrees to authorize the card used for subsequent Recurring Payments and undertakes to pay the Operator a regular monthly or annual fixed fee in the amount specified in the order (the frequency and amount of the fee is determined by according to the Platform price list) for the entire period of use of the paid subscription (i.e. until termination by the Provider or the Operator)
- automatic payment is always initiated at the beginning of a new subscription period, i.e. once every 30 days in the case of monthly frequency, or once every 365 days in the case of annual frequency.
- information about the payment detail and its execution is sent to the Provider's e-mail after each automatic debit. It includes a link to the paid invoice for the purchased service. Order details and status are also maintained in the Platform.
- in case of an unsuccessful card charge, an e-mail will be sent to the Provider stating that the payment has not been made and instructions, on how to proceed in this situation to avoid unexpected service disruption.
- The Provider may authorise a different payment card for Recurring Payments than the one used until then (e.g. when the card expires). This change will be made in the Platform. The card used for this payment will be authorised for recurring payments instead of the original card.
- The Provider may terminate Recurring Payments at any time, free of charge, on the Platform by cancelling its prepaid plan. The tariff will be active until the end of the subscription period and will not be renewed thereafter and the Provider will not be required to pay for the next subscription period. Upon cancellation of a paid tariff, the Provider may be prevented from accessing some parts of the Platform.
- By transferring the payment to the Provider's bank account with Fio Banka.
- For payments in CZK:
- Account number: 2502056361 / 2010
- IBAN: CZ94 2010 0000 0025 0205 6361
- BIC/SWIFT: FIOBCZPPXXX
- For payments in EUR:
- Account number: 2002070538 / 2010
- IBAN: CZ51 2010 0000 0020 0207 0538
- BIC/SWIFT: FIOBCZPPXXX
- For payments in USD:
- Account number: 2502630271 / 2010
- IBAN: CZ80 2010 0000 0025 0263 0271
- BIC/SWIFT: FIOBCZPPXXX
Information about payment details and progress will be sent to the Provider's email. The order details and its status will also be kept in the Platform.
The Provider must pay for the order within 14 days. Failure to do so may result in limitations of the Platform's functionality.
The order will be considered paid after the payment is processed by the Provider. The Provider is obliged to pay for the subscription at the Operator's request, which sends payment requests usually by email or can be found in the Platform in the subscription overview.
The Operator reserves the right to change the price list. If the price list is changed, the Provider will be notified of the changes via email associated with its Zenamu Account at least 30 days in advance. Any change to the price list shall take effect upon publication on the Platform.
The Provider may request a change to another type of subscription by sending an email to firstname.lastname@example.org or by using the relevant function in the Platform.
If the Provider believes that the Operator has failed to meet its obligations in providing services, the Provider can contact the Operator at email@example.com. If the Operator responds negatively or fails to respond within 30 days from the request date, the Provider can propose a dispute resolution to the competent authority.
Withdrawal from the contract
The Provider has the right to withdraw from the contract within 14 days from the date of the first order of the paid subscription, without giving any reason. To withdraw, the Provider should send a request to the email address firstname.lastname@example.org.
If the Provider has already paid the fee, the Provider must receive a full refund of the fee by the same payment method within 14 days of the withdrawal request.
After the 14-day period, the Provider may request the cancellation of the paid subscription without the right to a refund. The subscription will remain active until the end of the prepaid period and will not be renewed. Upon cancellation of the paid subscription, some parts of the Platform may become unavailable to the Provider.
Terms and Conditions of Service Provision by the Provider
Providers offer services through the Platform that Participants can subscribe to. By selecting a service and ordering it, the Participant confirms their willingness to participate in this service and is informed of the applicable fees for this service.
By accepting an order for a service, a contract between the Participant and the Provider is concluded - the Service Contract.
- On the basis of the Service Contract, the Provider undertakes to perform the service with the parameters specified in the order, and the Participant undertakes to pay for the service according to the parameters.
- When making a payment, the Participant is obliged to ensure that all the information has been filled in correctly
- Neither the Provider nor the Operator shall be liable for incorrectly entered payment details by the Participant and subsequent payment claims.
- The detailed terms and conditions of this Agreement are set out in the Provider's service offerings on the Platform.
- The Provider shall separately pay all taxes and fees relating to the provision of the Services in accordance with laws and regulations.
Rules of Conduct for Using the System
- The User is fully responsible for all activities and actions carried out through his/her account.
- The User shall use the Platform in accordance with good morals, legal regulations, and generally accepted ethical and moral principles and rules of internet service usage.
- The User shall not use any part of the Platform for illegal purposes.
- The User shall not use practices or materials that violate the rights of the Operator or other users.
- The User is responsible for all content that is published or used on their services.
- The User is responsible for not violating the laws of any applicable jurisdiction, including copyright, intellectual property, trademark, design, patent, and related laws.
- The User shall not engage in activities that restrict or compromise the security of the Platform and its associated services.
- The User is prohibited from altering, modifying, reverse engineering, reproducing, or otherwise interfering with any part of the Platform.
- The Operator reserves all rights with respect to any trademarks, logos, copyrights, designs, or any other works or items of intellectual or industrial property appearing on the Platform.
- By providing access to the Platform, the Operator does not grant any license or right to use any protected subject matter.
- The User is prohibited from using any contact information obtained through the Platform for any purpose other than to arrange for service and is prohibited from contacting other users outside of the Platform for any purpose other than in connection with Platform usage.
- A User may not impersonate another person or entity or intentionally misrepresent his or her relationship with another person or entity.
Consequences of Breach
- In the event of any material breach of conduct by a User, the Operator shall be entitled to immediately deactivate such User's Account without any claim for financial compensation. Once the Account has been deactivated, no other service may be offered or used by the User.
Limitation of liability
- The Operator will not be held liable for any content or activities performed by the User as defined in the previous section.
- The Operator cannot guarantee that the Service will be available 24/7 and run uninterrupted or error-free.
- The Operator will not be responsible for any damages suffered by the User as a result of the operation or unavailability of the Platform.
- The Operator will not be responsible for any loss or damage incurred by the User in connection with the use of the Platform.
- Some links in the Platform may lead to third-party sites and tools. For instance, links to online classes provided by third-party providers. The Provider will not be responsible for the content of linked third-party sites, nor for any breach of law by third parties operating such sites, nor for any damage or harm caused by them.
Role of the Operator
- The Operator's role is limited to operating the Platform and does not represent either the Provider or the Participant in any way. For clarity, the Operator is not a direct party to the Service Contract.
- The Operator is not responsible for the factual suitability or quality of services offered by the Provider, nor for the suitability of locations where services are provided. The Operator is also not responsible for the Provider's compliance with the Service Contract, the conduct and performance of service providers or Participants, or any conflicts between the Provider and Participant.
- The Provider is solely responsible for any breach of the Service Agreement or laws by the Provider with respect to the Participant.
- The Provider is not liable for any damages or losses suffered by any Participant in connection with the Provider's service.
- The Provider does not provide any payment services directly. For online payments, the Provider allows direct connection to and use of Stripe, Inc's services.
Out-of-court dispute resolution
Out-of-court settlement of consumer disputes in connection with services provided on the basis of the Service Contract, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. Online Dispute Resolution Platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Seller and the Buyer under the service contract.
European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is authorised to provide the service on the basis of a trade licence. Trade control is carried out by the trader within the scope of his the competent trade licensing authority. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection The Czech Trade Inspection Authority supervises, among other things, the following within a defined scope compliance with Act No 634/1992 Coll., on Consumer Protection.
Privacy and Data Protection
The protection of users' personal data provided to Service Providers is governed by the Processing Agreement.
- All contractual relations governed by these Terms and Conditions are subject to the laws of the Czech Republic.
- If any provision of these Terms and Conditions becomes invalid or ineffective, it will be replaced by a provision that has the closest possible meaning. The invalidity of one provision will not affect the validity of the other provisions.
- The Operator reserves the right to amend or supplement these Terms and Conditions, provided it is reasonable to do so. The Platform User will receive an email at least 10 days before any significant changes take effect.
- If a user does not wish to continue using the Platform due to changes in the Terms and Conditions, they have the right to terminate their account by sending a notice of termination to email@example.com. Otherwise, their continued use of the Platform will be subject to the new version of the Terms and Conditions.
- Any amendments to the Terms and Conditions become effective when they are published on https://zenamu.com.
In case of inconsistency between multiple language versions of these Terms and Conditions, the Czech version shall prevail, governed by Czech Republic laws.
These Terms and Conditions are valid and effective starting from June 2nd, 2023.