Hopitude.com

• Your Hopitude.com Account If you create an account on Hopitude.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Hopitude.com of any unauthorized uses of your account, or any other breaches of security. Hopitude.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

• Responsibility of Contributors. If you create workouts, publish courses, post material to Hopitude.com, post links on Hopitude.com, or otherwise make (or allow any third party to make) material available (any such material, “Contentâ€�), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Hopitude.com, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Hopitude.com for inclusion on your account, you grant Hopitude.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting the entity you have created the account for. This license allows Hopitude.com to make publicly-posted content available to third parties selected by Hopitude.com so that these third parties can analyze and distribute your content through their services. If you delete Content, Hopitude.com will use reasonable efforts to remove it from Hopitude.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Hopitude.com has the right (though not the obligation) to, in Hopitude.com’s sole discretion, (i) refuse or remove any content that, in Hopitude.com’s reasonable opinion, violates any Hopitude.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Hopitude.com to any individual or entity for any reason. Hopitude.com will have no obligation to provide a refund of any amounts previously paid.

• Advertisements. Hopitude.com reserves the right to display advertisements on your profile page.

Payment and Fees for Businesses

Definition.This paragraph will define payment and fees related terms and conditions for businesses using Hopitude.com booking and class management system and selling their services in Hopitude.com.

Payments handling

• Payment processing terms.If you provide credit card information or information of any other kind of payment method, you confirm that you are authorized to use the payment method and you authorize Hopitude.com to charge your account or card you have from third party for all payments hereunder. By submitting payment information, you allow Hopitude to provide that information to third parties for purposes of facilitating payment. You agree to verify, if asked by Hopitude.com, that the payment information you have provided is correct.

• Payment processor: Payments are processed by Maksekeskus AS

• Currency. All prices for Hopitude services are in Euros. Services and products offered by sport clubs via Hopitude.com are paid in local currencies (that is currencies that local to the sport club location country)

• Processing of personal data: Hopitude OÜ is responsible for processing customer data, Hopitude OÜ will transfer the data needed for processing the payment to certified processor Maksekeskus AS

• Permitted Use.You may use the Hopitude.com Firehose to develop a product or service that searches, displays,analyzes, retrieves, and views information available on Hopitude.com. You may also use the Hopitude.com name or logos and other brand elements that Hopitude.com makes available in order to identify the source of the information.

• Restricted Use. You may not use the Hopitude.com to substantially replicate products or services offered by Hopitude.com, including the republication of Hopitude.com content or the creation of a separate booking platform. If Hopitude.com believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access to Hopitude.com may be temporarily or permanently revoked, with or without notice.

• Taxes. All fees for Hopitude services (payment fees and sport club bookingplatform subscription fees) include value-added tax. All prices for services and products provided by sport clubs include all taxes. Sport clubs that use Hopitude booking platform for their bookings and selling products are solely responsible for all taxes related to the products and services they are selling via Hopitude system.

Service terms for Sport clubs

• General Terms for Business subscriptions By selecting paid subscription package you agree to pay Hopitude.com the monthly or annual subscription or fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the selected subscription package and will cover the use of that service for a monthly or annual subscription period as indicated.

• Service fees. Subscription fees and fees for one-off purchases can be find on our website at https://www.hopitude.com/faq/ . Service fees can be updated from time to time without written notice given to the businesses using Hopitude.com services.

• Automatic Renewal. Unless you notify Hopitude.com before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time via e-mail [email protected].

• Overdue charges. Any charged amounts not received by the applied due date in the invoice may accrue late interest at 1% of the amount not paid, plus cost of collection. If the overdue charges will not be paid within 30 (thirty) days from the written notice, Hopitude.com is entitled to suspend the service.

• Business subscription cancellation. If you cancel your subscription for premium package, we will deny you access to the premium features/services made available after the purchase of the subscription.

• Return of payments to sport clubs for business subscriptions. In case of any complaint related to payments you need to contact Hopitude.com customer support via email [email protected]. Cancelling a subscription will not give rights for refund and not for replacing with other services.

Service terms for Sport club customers (end users)

Scope and validity of the terms

• Terms apply to legal relations that will occur in case of purchases mediated by Hopitude, between all physical/juridical persons and juridical persons using Hopitude.com (OÜ Hopitude) payment platform on their web page.

• In addition to current terms, legal relation that will occur in case of purchases mediated by Hopitude, are regulated also by the laws of Republic of Estonia.

Shopping cart and making an order

• It is possible to change the number of products/services in the shopping cart by adding new or deleting existing ones.

• It is possible to pay for the products/services in the shopping cart, by using Hopitude online payment methods or cash.

• Sales agreement is considered binding, after the sum given in order confirmation, has been transferred to OÜ Hopitude bank account.

Prices

• All prices include VAT.

• All prices shown in Hopitude payment platform, are entered into the platform by the juridical persons using Hopitude platform and Hopitude is not responsible for the accuracy of the prices.

• There will be payment processing fees added to the gross price.

Payment for products/services

• To make a payment, choose the preferred payment method.

• It is possible to pay for products/services with:

  1. Online banking. ( through Swedbank, AS SEB Pank, Nordea, Danske Bank A/S, Pocopay, Krediidipank and LHV bank links).
  2. In cash or with bank card at the venue.

• Your booking/purchase will be cancelled if you haven’t paid for the services within the given timefame.

Delivery of products/services

• After the purchase the user will receive a booking confirmation to their email connected to their Hopitude account, with details of the product/service and invoice included. If the user, would like to receive separate invoice with employer data, she would need contact Hopitude client support through email [email protected]. Notice about the booking is also sent to the service provider, which will guarantee that the service provider is timely informed.

• If physical products are purchased from the Hopitude shop situated at the webpage of the seller, then the merchandize will be delivered to the location of the seller and the seller is responsible for the quality of the product.

Cancelling and refunds

• Return of products and registration of returns will take place at the same location the product was issued. Product can be returned within 14 days after the purchase.

• In case of complaints related to payments you can contact Hopitude client support [email protected]. If you have purchased a service (multipass, training etc,), then cancelling the purchase will not give you a right to have a refund or get a replacement.

3. Responsibility of Visitors

Hopitude.com has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that materials content, use or effects. By operating our Services, Hopitude.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Hopitude.com disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Hopitude.com links, and that link to Hopitude.com. Hopitude.com does not have any control over those non-Hopitude.com websites, and is not responsible for their contents or their use. By linking to a non-Hopitude.com website, Hopitude.com does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Hopitude.com disclaims any responsibility for any harm resulting from your use of non-Hopitude.com websites and webpages.

5. Copyright Infringement and DMCA Policy.

As Hopitude.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Hopitude.com violates your copyright, you are encouraged to notify Hopitude.com by sending us an email to [email protected]. Hopitude.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Hopitude.com will terminate a visitors access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hopitude.com or others. In the case of such termination, Hopitude.com will have no obligation to provide a refund of any amounts previously paid to Hopitude.com.

6. Intellectual Property.

This Agreement does not transfer from Hopitude.com to you any Hopitude.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Hopitude.com. the Hopitude.com logo, and all other trademarks, service marks, graphics and logos used in connection with Hopitude.com or our Services, are trademarks or registered trademarks of Hopitude.com or Hopitude.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Hopitude.com or third-party trademarks.

7. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination.

Hopitude.com may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Hopitude.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties.

Our Services are provided as is. Hopitude.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hopitude.com nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, good for you champ. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. Limitation of Liability.

In no event will Hopitude.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Hopitude.com under this agreement during the twelve (12) month period prior to the cause of action. Hopitude.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Hopitude.com Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Hopitude.com reserve the right to terminate accounts or access of those in the event of a breach of this condition.

13. Indemnification.

You agree to indemnify and hold harmless Hopitude.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

14. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

15. Miscellaneous.

This Agreement constitutes the entire agreement between Hopitude.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hopitude.com, or by the posting by Hopitude.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Republic of Estonia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tallinn, Estonia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tallinn, Estonia, in the Estonian language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hopitude.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.