Terms and Conditions

  1. General
  2. Agreements
  3. Execution of the agreement
  4. Duration and termination of the agreement
  5. Confidentiality
  6. Prices
  7. Payment
  8. Liability
  9. Indemnity
  10. Force majeure
  11. Intellectual property
  12. User and member data
  13. Applicable law and choice of forum

 

1. General

"Momoyoga" in these Terms and Conditions refers to Momo Studio B.V., registered with the Chamber of Commerce under number 67302483.

Momoyoga's contract party in transactions to which Terms and Conditions apply is referred to as the "user".

These Terms and Conditions apply to all agreements concluded with Momoyoga, even if third parties are involved in the execution.

The provisions in these Terms and Conditions can only be deviated from in writing. The other provisions of these Terms and Conditions remain in full force. The deviating provisions only apply to the agreement in which the deviation has been agreed.

Momoyoga has the right to change or supplement these Terms and Conditions.

2. Agreements

In case of a registration by a user via the Momoyoga website, an agreement for the delivery of a service is established as soon as Momoyoga accepts the registration. Momoyoga has the right to refuse a registration with motivation, or apply special conditions to the provision of services. If a registration is refused, the user will be notified within five working days after registration.

Agreements are also established after written acceptance by Momoyoga of an order given by the user for the provision of additional services, or because Momoyoga has started with the execution of an order.

An agreement can be revoked by Momoyoga if the user does not meet the agreed conditions or failed to do so in the past. Momoyoga will notify the user within five working days after receipt of the order.

The user and Momoyoga agree that a valid agreement is established by electronic communication as soon as the user registration on the Momoyoga website has been confirmed by Momoyoga. The fact that there is no written signature does not mean the offer and the acceptance of the offer are not binding.

Momoyoga is not bound by obvious mistakes on the Momoyoga website or mistakes in agreements; Momoyoga is entitled to make the necessary changes.

Before concluding an agreement, the user must ensure that the correct choice of service to be provided by Momoyoga is made.

3. Execution of the agreement

Momoyoga will execute an agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship, on the basis of the current state of technology.

If and insofar as required for the proper execution of the agreement, Momoyoga has the right to have certain services performed by third parties.

The user, when registering on the website of Momoyoga, is obliged to provide Momoyoga with all information that Momoyoga indicates will be necessary or of which the user knows or could reasonably know that it is necessary for the proper execution of the agreement. If the information required for the execution of the agreement is not provided to Momoyoga, Momoyoga has the right to suspend the execution of the agreement.

The user guarantees that all information provided to Momoyoga is correct and complete. Momoyoga is not liable for damage resulting from incorrect and/or incomplete information provided by the user, unless this inaccuracy or incompleteness should have been known to Momoyoga.

If the user concludes that Momoyoga has failed in the performance of the service, he or she must inform Momoyoga of this in writing without delay, and no later than within fourteen days. Momoyoga will, where appropriate, be granted a reasonable time period to repair the defect. All costs are for the user, unless Momoyoga is liable as referred to in article 8.

4. Duration and termination of the agreement

The agreement between Momoyoga and the user is entered into for an indefinite period of time, unless stated otherwise.

The agreement can be terminated by both parties without motivation, with a notice period of one month.

A termination by any party must be submitted in writing.

5. Confidentiality

Both parties are obliged to keep confidential information that they have received from each other or from other sources within the framework of the agreement confidential. Information is considered confidential if confidentiality has been communicated by the other party or if confidentiality results from the nature of the information.

If, by law or because of a court order, Momoyoga is obliged to provide confidential information to a third party appointed by the law or a competent court, and Momoyoga does not have a legal or court recognized right to refuse, then Momoyoga is not obliged to give compensation to the user, and the user is not entitled to terminate the agreement on the basis of any damage caused as a result. This provision also applies to the user, in case the user is obliged to provide confidential information.

6. Prices

All prices stated on the website are in euros and excluding VAT.

The costs for the use of Momoyoga are charged either monthly or annually.

Momoyoga is entitled to adjust current prices at any time by means of a written notification with a notice period of at least one month.

7. Payment

Payment of amounts due by the user must take place without deduction, suspension or settlement within the payment term set in the agreement, on an account specified by Momoyoga.

If payment has not taken place after the payment period has expired, the user is in default without the need for a notice of default.

Payments made by the user first serve to settle all (collection) costs and statutory interest due, and only then payable invoices, the longest outstanding first, even if the user states that the payment is for a more recent invoice.

In case of non-compliance by the user with the (payment) obligations, Momoyoga is entitled to terminate the agreement with immediate effect, or to suspend (further) delivery of services until the moment the user has fully complied with the (payment) obligations, including costs.

If at least two regular payment reminders have been sent, and no payment has followed, Momoyoga is entitled to offer the user a final payment term of 24 hours. If no payment follows this last urgent payment reminder, Momoyoga is entitled to block access to the software. Momoyoga is not liable for any damage of whatever nature and size which is the result of inaccessibility of the software.

Momoyoga has the right to settle all claims, due or not due and/or conditional.

8. Liability

Momoyoga does not accept any liability for damage, consequential damage, company damage, damage as a result of delay, indirect damage, missed savings or loss of profit or turnover, nor for damage related to related services, unless the damage is the result of intentional or gross negligence by its employees.

Momoyoga is only liable insofar as this liability is covered by its insurance. Momoyoga is never liable for damage caused by emergency personnel or for shortcomings as a result of force majeure.

If for any reason the insurer does not pay out, or the damage is not covered by the insurance, the liability of Momoyoga is limited to the invoice amount involved in the agreement.

A claim for compensation must be submitted to Momoyoga in writing no later than fourteen days after the user has discovered the damage or could reasonably have discovered it, failing which the right to compensation will lapse.

9. Indemnity

The user indemnifies Momoyoga against all claims from third parties, whether or not they regard intellectual property rights on information provided by the user that is used in the execution of the agreement, including data entered by the user and its members in the Momoyoga software.

The user also indemnifies Momoyoga from any other claim against Momoyoga from third parties (including members) in connection with the execution of an agreement concluded between the user and Momoyoga.

The user furthermore indemnifies Momoyoga for any claims by third parties that suffer damage attributable to the user in connection with the execution of the agreement.

10. Force majeure

Force majeure, in addition to how it is defined in law and jurisprudence, means all external causes, foreseen or unforeseen, on which Momoyoga is not able to exert influence, but that make it unable to meet its obligations, explicitly also including non-availability of technical functionalities of third parties.

In the event of force majeure, the execution of the agreement will be suspended for as long as the situation of force majeure (explicitly including software downtime) makes it impossible for Momoyoga to execute the agreement.

If a force majeure situation on the part of Momoyoga lasts for more than two months, both parties have the right to dissolve the agreement free of charge, without the obligation to pay compensation.

11. Intellectual property

Any documents and software provided by Momoyoga to the user are intended exclusively to be used by the user for the purpose agreed between the user and Momoyoga, and may not be reproduced, made public, or given to third parties by the user without prior permission from Momoyoga. The intellectual property in these documents and software rests with Momoyoga, and they remain the property of Momoyoga, unless otherwise agreed.

Momoyoga is entitled to take technical measures to protect its products/services. If Momoyoga has secured its products/services by technical means, the user is not permitted to remove and/or evade this protection.

If and as long as the user meets his obligations under the agreement concluded with Momoyoga, he will receive a non-exclusive and non-transferable license to use the software made available to him by Momoyoga. The intellectual property of the software created by Momoyoga rests with Momoyoga and remains the property of Momoyoga. Momoyoga guarantees that it is the creator of what is manufactured, delivered and/or made available in the sense of the Copyright Act.

In case of a violation of the provisions in this article, Momoyoga will immediately gain the right to deny access to the software to the user.

12. User and member data

The data entered in the Momoyoga software by the user and his members is and remains the property of the user and his members. Momoyoga will not process or edit this data, other than in the context of the functioning of the software. With regard to this aspect, a separate processing agreement is concluded between the user and Momoyoga.

The user is responsible for the data entered into the Momoyoga software, and responsible and liable for loss of or damage to data entered by the user or his members, unless liability of Momoyoga can be demonstrated.

For the processing of personal data, Momoyoga (the processor) agrees to a processor agreement with the studio (the personal data provider). In addition, the Momoyoga Privacy Statement and EU General Data Protection Regulation apply to the processing of personal data.

In case of damage or loss of user data, Momoyoga cannot be held responsible.

13. Applicable law and choice of forum

Dutch law is exclusively applicable to all agreements concluded with Momoyoga.

All disputes related to or arising from agreements concluded with Momoyoga will be submitted to the competent court in the court district in which Momoyoga is located, unless the law expressly designates another judge as competent. 

Last update: April 11, 2018

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