TERMS AND CONDITIONS and PRIVACY POLICY of Twin Flame Spyrit GmbH
These Terms and Conditions and Privacy Policy (the “Terms and Conditions”) govern the commercial relationship between you (the “User” or “Customer”, depending on the context) and Twin Flame Spyrit GmbH (“TFS”, “we” or “us”), a private limited company under the laws of Switzerland, with its corporate seat in Zug, Switzerland, in particular in relation to the use of the Twin Flame Spyrit Homepages (https://www.twinflamespyrit.com and https://www.twin-flames-spyrit.com; the “Websites”) and the webshop hosted on those sites (the “Webshop”), participation in group or individual coaching programs booked via the Webshop, as well as the use of the TFS online members area (www.kajabi.com; “Members Area”). The Members Area also includes private Facebook or WhatsApp groups.
- GENERAL / SCOPE OF APPLICATION
These Terms and Conditions apply to all commercial relationships between us and the Customer/User. In particular, they apply to the license to use raw video footage (“Footage”) produced in the context of the coaching sessions, as well as for the use of the Webshop.
We reserve the right to amend these Terms and Conditions at any time. The applicable version of the Terms and Conditions, will be the version in force when the Webshop is used or – in relation to an order – at the time when the coaching session takes place.
Any other terms and conditions that depart from, are inconsistent with or supplement these Terms and Conditions will not form part of the agreement, unless we expressly consent to their applicability in writing.
- CONCLUSION OF THE CONTRACT / PAYMENT / PERFORMANCE OF COACHING / CANCELLATION
By ordering (i.e. making a binding registration for a coaching program), the Customer makes a binding offer to enter into an agreement. The Customer shall verify whether the specifications of the coaching program meet his or her needs and expectations prior to placing an order.
An agreement with the Customer will be formed on receipt of TFS’ order confirmation, which will be deemed to be TFS’ acceptance of the offer. We reserve the right to refuse an order without stating any reasons.
Coaching programs will, in consultation with the Customer and/or, in the case of a group program, all participants, be carried out online, making use of digital media such as WhatsApp, Facebook, Zoom, etc.
The fee payable will be calculated based on the Customer’s order (i.e. group or individual program).
Payments should be made in advance. The fee shall be payable within five days of the date of the order confirmation. The Customer shall automatically be in a state of default after five days, without the need for a payment notice. We reserve the right to rescind the agreement if payment is not received within ten days of the date of the order confirmation. Parties may, however, enter into special arrangements (e.g. payment in instalments).
The Customer is not authorized to (partially or wholly) set off payment obligations against claims against us.
- COMMUNICATION
In addition to the digital media used for the coaching program (see clause 2 above), communication between us and the customer will take place using the same digital media, telephone, email or – in relation to the conclusion of the agreement – our Webshop.
TFS cannot guarantee the flawless electronic transmission of data or the availability of the Webshop at all times. We cannot accept any liability in relation to the security of data transmitted via the internet. In principle, data will be transmitted using suitable encryption. We do not accept any liability for problems with data transmission and/or interruptions in relation to the use of the Webshop or the Members Area. TFS does not accept any liability for technical or electrical problems during the order process, or for errors when accepting and confirming orders, where these problems or errors are due to problems with the Webshop’s functionality.
- PRODUCTION / STORAGE OF FOOTAGE
The Customer acknowledges that Footage of coaching sessions may be recorded, and hereby consents to this. This means that audio visual recordings of the coaching session and the participating Customers will be generated.
The Footage will be locally stored as raw, unedited footage on TFS’ hosting provider’s servers. In addition to this, the raw, unedited Footage will be provided internally via the secure Members Area on www.kajabi.com. The Customer expressly consents to this provision of the raw and unedited Footage.
- RESERVATION OF RIGHTS / CUSTOMER’S OBLIGATIONS AND RIGHTS OF USE
On conclusion of the agreement and payment of the fee pursuant to clause 2, the Customer will be entitled to participate in coaching sessions and will receive access to the Members Area.
The Customer shall also be authorized to access all Footage in the Members Area for learning and coaching. The Customer shall not download the Footage or copy or otherwise reproduce it, transmit, publish or otherwise make it accessible to third parties or use it for commercial purposes.
The Footage is copyright protected. We hold all copyright in relation to the Footage. By placing an order, the Customer agrees to this.
The material, geographical and temporal scope of the license is primarily determined by the length of the coaching program. On termination of the coaching program, the Customer’s access rights to the Member Area will also be terminated.
The Customer must not make any other use of the Footage without our prior written consent.
The Customer must take suitable measures to prevent unauthorized access to the Footage by third parties. The Customer must also treat any information from the Footage (in particular personal data of other coaching participants, as well as advice or recommendations made by TFS) with strict confidentiality and must not disclose such information to any third parties.
If the Customer becomes aware of any unlawful use of the Footage or any use of Footage by third parties made possible by the Customer, the Customer shall inform us about it and, in consultation with us, take any suitable and reasonable measures to address the use in question.
Without prejudice to any rights to claim compensation, in the event of any conduct in breach of the agreement by the Customer (including in relation to late payments), we may rescind the agreement and revoke the Customer’s access to the Members Area without notice.
- REPRESENTATIONS AND WARRANTIES
Unless anything to the contrary is agreed or expressly set out below, we do not make, and hereby exclude all guarantees or warranties.
We warrant that the coaching programs will be provided with care, taking into account the most recent insights, developments and twin flame teaching methods. TFS does not guarantee the success of the coaching program. In particular, TFS does not guarantee that Customers will find or establish a physical relationship with their twin flame.
By offering coaching programs, we do not assume any responsibility for the Customer’s physical or mental health. Where physical or mental health issues are present or arise, the Customer shall be responsible for seeking suitable medical care.
We warrant that we will take reasonable measures to secure the Member Area and the Footage stored there, as well as the Footage itself and to prevent unauthorized access.
- LIABILITY
We exclude all liability for negligence (leichte Fahrlässigkeit). We also exclude liability for any indirect loss (mittelbare Schäden) or lost profits suffered by the Customer. We do not accept any liability for the publication or other unauthorized use of Footage by other customers, or for the disclosure of any customer personal data caused by other customers.
The limitations of liability do not apply to claims relating to personal injury for which we are responsible.
The limitations of liability also apply in favor of our employees, representatives and agents.
Where we provide links to other websites, we are not responsible for the content of those websites. We do not assume responsibility for third-party content.
War, civil war, export or trade restrictions due to changes of political conditions or strikes, pandemics, lockouts, business interruption, operational restrictions, and similar events that render it impossible or unreasonably onerous for a party to perform its obligations under the agreement shall be deemed to be force majeure events which release the parties from their contractual obligations for the duration of the event. The parties must keep each other informed of such events and adjust their obligations in good faith in light of the changed circumstances.
- DATA PROTECTION
We process personal data relating to our Customers and Users of our Webshop and Members Area in order to offer our products and services, to process Customers’ orders and payments, to deliver coaching services and to comply with our legal obligations and enforce any legal claims. Personal data is processed in accordance with the Swiss Data Protection Act and the EU General Data Protection Regulation (2016/679).
The following categories are the main categories of Customer/User personal data that we process: data regarding the use of our Webshop, address and contact details, login data such as passwords, data regarding product and service orders, contract data, information for the performance of coaching and performance of our services, images and audio visual recordings of Customers and statements made in the context of coaching sessions (see clause 4 above), payment information (e.g. bank transaction information or information for the processing of credit card payments), as well as data regarding interest in our products and services.
Customer and Webshop and Members Area User personal data is generally collected directly from the Customer/User. This is particularly the case where the Customer voluntarily discloses personal data, e.g. in the contact form on our Websites in the context of an application, when opening a customer account on our Websites, when placing an order, when participating in a coaching session or when making payments to TFS.
Customers do not need to disclose any personal data to merely visit our Websites. However, the TFS server will temporarily store User information, such as the IP address, date and time of access, name and URL of the files accessed, the browser used and the name of the User’s access provider.
To improve the user experience on our Websites and enable you to use certain features, we make use of cookies. Some cookies (so-called session cookies) are deleted at the end of your browser session. Other cookies (so-called persistent cookies) remain stored on your computer. These cookies allow us to recognize your browser on your next visit. They are used to greet Users/Customers using their user names and remove the need for the repeated entry of passwords or filling in of forms for future orders. By using our Websites, the User agrees to the use of cookies. Users are able to change their cookie settings or delete cookies through their browser settings. You can find more information about cookies at e.g. www.aboutcookies.org.uk.
TFS saves personal data on its hosting provider’s servers and takes technical and organizational measures to protect personal data from manipulation, loss, destruction or unauthorized third-party access (with the exception of provision of access to Footage to other TFS customers). In particular, we make use of SSL encryption for the Webshop.
We do not share Customer or User personal data for marketing or advertising purposes. Similarly, we do not sell our Customers’ or Users’ personal data to third parties. We do however engage external natural or legal persons for individual personal data processing activities (e.g. for the processing of credit card payments or for accounting purposes). In some circumstances, TFS may be under an obligation to disclose personal data, in particular to public authorities.
TFS (or its external persons engaged pursuant to clause 8.7) may process personal data (partially or wholly) outside of Switzerland and transfer personal data abroad for this purpose. If personal data is transferred to countries outside of the EU, TFS will take the data protection measures required under both the EU General Data Protection Regulation (2016/679) and the Swiss Data Protection Act.
How long personal data is stored for depends on the purpose of processing, legal requirements and the need for the retention of the data in order to bring or defend claims. The usual data retention period is 10 years. Following the retention period, personal data will be deleted or destroyed. Footage for ongoing coaching purposes may be retained for longer.
On request, the Customer/User will be entitled to information regarding the personal data being processed in relation to that Customer/User, as well as the purpose of the processing of that data, any recipients of the personal data and any protective measures taken when it is transmitted abroad. The Customer/User is also entitled to a copy of the personal data being processed in relation to the Customer/User, as well as the right to rectification, suspension of processing or deletion of the personal data. Furthermore, the Customer/User may object to the continued use of personal data relating to that Customer/User in future, and may also revoke their consent to processing in future. This does not apply to Footage used for coaching purposes. Where a Customer requires the limitation or cessation of data collection, processing or the deletion of personal data, this may render it impossible for TFS to continue to provide its services. In such cases, TFS may terminate the agreement between TFS and the relevant customer without notice and without the obligation to refund any fees.
Customers/Users can contact TFS’ management with any questions relating to data protection at the following email address: info@twinflamespyrit.com. Depending on the applicable data protection laws, the Customer/User may be entitled to refer complaints about our processing of personal data to the Swiss Federal Data Protection and Information Commissioner or to a different data protection authority.
- TERMINATION
The agreement between TFS and the Customer will automatically be terminated when the course of coaching has come to an end, unless TFS and the Customer agree on an extension of the course by an (additional) month at a time.
The Customer may terminate the agreement at any time with immediate effect. However, the Customer shall not be entitled to refund of the fees or any other payments made. The Customer shall also remain liable for payment of all fees in their entirety. If the Customer terminates within the first 15 days after conclusion of the agreement and payment of the fees, the Customer shall be entitled to a refund of 50% of the fees paid and will not be under an obligation to pay the other 50%.
- MISCELLANEOUS
All correspondence between the Customer and us, as well as the Customer’s representatives, will be in German.
The authentic version of these Terms and Conditions is the original German version. Any versions in other languages are provided for convenience only. In the event of any discrepancy between the German version and any other language version, the interpretation of the German version shall be decisive.
Where an individual provision of these Terms and Conditions is invalid or becomes invalid, this shall not affect the remaining provisions. The invalid provision shall be replaced by a valid provision that as closely as possible approximates the commercial intention of the invalid provision.
Subject to clause 1, any amendments or supplements to these Terms and Conditions shall only have effect if confirmed by us in writing. This also applies to amendments to or a waiver of this written form requirement.
- CHOICE OF LAW / CHOICE OF FORUM
All legal relationships between the Customer and us shall be exclusively governed by the laws of Switzerland, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of the Swiss Federal Private International Law Act (Bundesgesetz über das Internationale Privatrecht), irrespective of where the Customer resides.
Any disputes in relation to the agreement or these Terms and Conditions shall be submitted to the courts of Zug, Switzerland.
Zug, January 2021