TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using the www.vibrationsmatter.com website operated by Martina Zelenika “Vibrations Matter” an online store (“Vibrations Matter”) from which you may purchase tickets for performances and sessions.

Our cancellation policy and terms are in place to offer clarity and state the attendee’s rights in the event of an unexpected cancellation or unforeseen change.


Individual sessions:

Please note that we have a 48 hour cancellation policy for individual sessions. Any appointments canceled or canceled at short notice are considered to be perceived. Except in the case of an emergency, you will be charged the full session fee with less than 48 hour notice.

 

Ticket for group sessions and event performances:

Non-refundable but can be transferred to another participant.

This is unfortunately necessary, as we can not re-occupy the seats in the event of short-term cancellation.
Under unforeseen circumstances, and in the unlikely event that we have to cancel an event, we will offer the full refund for the paid amount.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Vibrations Matter and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vibrations Matter.

 

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Vibrations Matter.

Vibrations Matter has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Vibrations Matter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Vibrations Matter and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

 

Limitation of Liability

In no event shall Vibrations Matter, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Vibrations Matter its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us (info@vibrationsmatter.com)

 

 

  1. Information that you provide to us

You may give us information about yourself when you visit the Vibrations Matter Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Vibrations Matter Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

  1. Access to Vibrations Matter Shop

Vibrations Matter grants you a limited, revocable, non-exclusive, non-transferable license to access the Vibrations Matter Shop. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.

  1. Products, Content and Specifications.

Details of the products and services available for purchase in the Vibrations Matter Shop are set out in the Vibrations Matter Shop. All features, content, specifications, products and prices of products and services described or depicted in this Vibrations Matter Shop are subject to change at any time without notice. Unless expressly noted, all descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in the Vibrations Matter Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain digital product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner and for your personal use only.

  1. Subscriptions
  2. Subscription terms. We may offer you the ability to purchase subscriptions via the Vibrations Matter Shop. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
  3. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
  4. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
  5. Your account

We may require that you create an account to access the Vibrations Matter Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

  1. Order revocation (Widerruf)

You have the right to cancel an order without giving specific reasons. The cancellation period is of 14 days after receiving access to the service or digital goods. It requires a clear statement of the cancellation contacting and informing the Vibrations Matter Shop via E-Mail (info@vibrationsmatter.com). The statement needs to be sent within the 14 days to be valid and the product or service access must be returned accordingly.

The Vibrations Matter Shop will return payments for legitimate cancellations within 14 days of receipt (unless product or service access have not been returned by the client within this period of time) via the same payment method the client paid with. In the case of a legitimate cancellation both parties have to return the received benefits and eventual benefits of utilization. If this is not possible, compensation for lost value must be given.

  1. Sanctions and export policy

You may not use the Vibrations Matter Shop or purchase any Vibrations Matter Shop Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Vibrations Matter Shop or any Vibrations Matter Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

  1. No warranties

We provide the Vibrations Matter Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Vibrations Matter or obtained by you from or through the Vibrations Matter Shop – whether from Vibrations Matter or another entity, and whether oral or written – creates or implies any warranty from Vibrations Matter to you.

Vibrations Matter disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Vibrations Matter Shop; (b) that the Vibrations Matter Shop Products will meet your specific needs or requirements; (c) that the Vibrations Matter Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Vibrations Matter will correct any defects or errors in the Vibrations Matter Shop; or (e) that the Vibrations Matter Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Vibrations Matter Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

  1. Limitation of liability

Under no circumstances will Vibrations Matter be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Vibrations Matter Shop or for the unavailability of the Vibrations Matter Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Vibrations Matter Shop, even if such damages are foreseeable, and whether or not you or Vibrations Matter has been advised of the possibility of such damages. Vibrations Matter is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Vibrations Matter Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Vibrations Matter further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Vibrations Matter Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Vibrations Matter Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Vibrations Matter Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Vibrations Matter in relation to the Vibrations Matter Shop and Vibrations Matter Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Vibrations Matter during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

  1. Applicable law

Should a provision of these General Terms and Conditions be ineffective or unenforceable in whole or in part or become ineffective or unenforceable in whole or in part after conclusion of the contract, the remaining provisions of these General Terms and Conditions remain valid. In place of the ineffective or unenforceable provision, the statutory provisions, if any, take effect.

These general terms and conditions and the contractual relationships between the customer and Vibrations Matter Shop are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

  1. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Vibrations Matter Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.

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