General Terms and Conditions
These Terms and Conditions (“Agreement”) set forth the general terms and conditions for your use of the hypnose.net and academy.omnihypnosis.com website (“Site” or “Service”) and all related products and services (collectively, “Services”). This agreement is legally binding between you (“user”, “you” or “your”) and Hypnose.NET GmbH / OMNI Hypnosis International (“Hypnose.NET GmbH / OMNI Hypnosis International”, “we”, “us” or “our”). By accessing and using the Website and its contents, you acknowledge that you have read, understood and agree to the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you confirm that you are authorized to enter into contracts on their behalf. In this case, the terms “user”, “you” or “your” refer to such a company or legal entity. If you do not have such authorization or do not agree to the terms of this Agreement, you may not accept this Agreement and may not access or use the Website and its products and content. You acknowledge that this Agreement constitutes a contract between you and Hypnose.NET GmbH / OMNI Hypnosis International, whether entered into electronically or physically signed. This electronic agreement governs the use of the website and the services offered on it.
User accounts and memberships
You must be at least 18 years old to use the website and its content and products. By using the Website and Services and by agreeing to this Agreement, you warrant that you are at least 18 years of age. If you create a user account on the Website, you are responsible for maintaining the security of your account. You are fully responsible for all activities that take place under and with this account and for all related activities. We have the right, but not the obligation, to monitor, review and/or reject new accounts. Providing false contact information of any kind may result in termination of your user account without notice and without refund of any purchases made. You are obliged to inform us immediately of any unauthorized use of your account or other security breaches. We will not be liable for any acts or omissions for which you are responsible, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable or delete your account (or any part of it) if we determine that you have violated any provision of this Agreement or that your conduct is reputationally or commercially harmful or damaging to our reputation. If we delete your account for the reasons set out above, you may not be able to re-register for our website or services. We may block your email and IP address(es) to prevent further registration.
It is expressly forbidden to make your personal and non-transferable login details public, share them and/or make them accessible to third parties. The content is personal to you and may not be used as a performance in front of an audience, whether free of charge or against payment, publicly or privately. The content may also not be used for teaching purposes or otherwise performed publicly and/or offered for rent in a library/video library. All videos – streaming and / or downloads, texts, images and trademarks are subject to the copyright of Hypnose.NET GmbH / OMNI Hypnosis International, except where otherwise stated. The login is personal, individual and non-transferable, whether free of charge or against payment. Any misuse will be punished with a contractual penalty of at least CHF 50,000 per case.
These are personal, non-transferable rights of use and not ownership. Illegal provision on file-sharing platforms, whether free of charge or for a fee, is expressly prohibited and will be punished with a penalty of at least CHF 1,250,000 per case.
Billing and payments
You shall pay all prices, costs and fees in accordance with the price and fee list and the terms of payment valid at the time they fall due. If you have purchased services, subscriptions or products that are automatically renewed, you will be automatically charged according to the applicable conditions of the corresponding product. By purchasing a product that is automatically renewed, you agree to recurring payment. The protected and personal data exchange takes place via an SSL-secured communication channel and is encrypted and protected with digital signatures. The website and its content and products also comply with PCI vulnerability standards to create the safest possible environment for users. Regular malware scans are carried out for additional security and protection. If we consider your purchase to be a high risk transaction, you will need to provide us with a copy of your valid ID and possibly a copy of a recent bank statement for the credit card used. We reserve the right to change products and product prices at any time. We also reserve the right to refuse orders that have been placed. We may limit or cancel orders and purchases at our sole discretion. If we change or cancel an order, we have the right but not the obligation to contact you via your e-mail and / or billing address / telephone number.
Reliability of messages and information
It is possible that the information provided on the website regarding discounts, promotions and other offers may occasionally contain errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. It is also permissible to cancel orders if information on the website or specific offers is incomplete (even after you have already placed your order). We assume no obligation to update, change or clarify information on the website. This also expressly applies to price information, unless otherwise required by law. If an update date is indicated on the website, this does not imply that all details and information were updated on this date.
Services from third-party providers
If you use, activate or access programs or applications from third-party providers, we would like to point out that we are neither responsible nor can we be held liable for this. The use of these programs or services is subject exclusively to the terms and conditions of the respective providers. We do not support third-party applications and accept no responsibility for their content or the use of their data. You expressly and irrevocably waive any claims against Hypnose.NET GmbH / OMNI Hypnosis International in relation to the use of programs or services of other providers. Hypnose.NET GmbH / OMNI Hypnosis International shall not be liable for any damages or losses arising from the use of such products, including those caused or alleged to have been caused by inadequate data protection or inadequate security provisions. You may need to register for other programs or services on the respective platforms. By activating other services, you expressly authorize Hypnose.NET GmbH / OMNI Hypnosis International to disclose your data as necessary to facilitate the use or activation of these other services.
Backups
We perform regular backups of the website and its content and will do our best to ensure the completeness and accuracy of the backups. In the event of a hardware failure or data loss, backups are automatically restored to minimize negative effects and downtime.
Advertising
While using the Website and Applications, you may come into contact with advertisers who offer their products or services through the Website or participate in promotions. Any such exchange and all related activities, conditions, warranties or representations are solely between you and the relevant third party. We assume no liability, obligation or responsibility for any such contacts, purchases or promotions between you and any third parties.
Links to other applications and resources
Even if the website or services offered may be linked to other applications and resources (such as websites, mobile applications, etc.), this does not constitute direct or indirect approval, cooperation or affiliation with a linked application or resource, unless expressly stated otherwise.
Some links on the website may be “affiliate links”. If you purchase a product or service by clicking on such a link, Hypnose.NET GmbH / OMNI Hypnosis International will be compensated with an affiliate commission. We are not responsible for the examination or assessment of third-party offers. We assume no guarantee or liability for the offers of third parties. Carefully check the legal notices and terms of use of all external providers that you access via a link on our website. Linking to other external providers is at your own risk.
Unlawful use
In addition to the other conditions set out in this contract, it is prohibited to use the website, the products offered on it or its content as follows: (a) for an unlawful purpose; (b) incitement to commit an unlawful or punishable act or deed; (c) the violation of international, regional, cantonal or national regulations, rules, laws or ordinances; (d) the infringement of our copyrights and rights of use as well as the disregard or infringement of our intellectual property rights as well as the copyrights and rights of use as well as the intellectual property rights of third parties; (e) discrimination, insult, harassment, defamation, disparagement or intimidation based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) the transmission of false or misleading information; (g) uploading or transmitting viruses or harmful programs of any kind that impair the functionality or operation of the website and the products and services offered as well as the products and services of third parties; (h) It is forbidden to spam, phish, pharmer, pretext, spider, crawl or scrape the website or its content; (i) use for obscene or immoral purposes; or (j) circumventing or interfering with the security measures and firewalls of the Website and its content and third party content and websites. We reserve the right to terminate your use of the Website and its content for violation of any of the prohibited uses and to delete your user account without the right to a refund. You will be invoiced for any expenses and costs incurred as a result.
Copyrights and intellectual property rights
The entire website and all products, images and services contained therein are subject to Swiss legislation on copyright and intellectual property. The term “intellectual property rights” includes all present and future rights conferred by statute, common law or equity in connection with or relating to copyright, exploitation and related rights, trademarks, designs, patents, inventions, goodwill, rights in inventions and all other intellectual property rights, registered or unregistered, including all applications and rights applied for. This Agreement in no way transfers to you any intellectual property rights of Hypnose.NET GmbH / OMNI Hypnosis International or any third party. All intellectual property rights, in whatever form, remain exclusively with Hypnose.NET GmbH / OMNI Hypnosis International. All trademarks, content, graphics and logos etc. used in connection with the website and the products are trademarks or registered trademarks of Hypnose.NET GmbH / OMNI Hypnosis International or its licensors. Other trademarks, graphics and logos etc. used in connection with the website and the products or offers may be trademarks of third parties. Your use of the website and products does not grant you any rights, licenses or trademarks of Hypnose.NET GmbH / OMNI Hypnosis International or third parties. Use or disclosure is prohibited.
Contractual penalty and damages
You (the user) acknowledge and accept what follows:
- It is prohibited under all titles to use the content/documents provided for your own training purposes and/or to make them available to third parties.
- A contractual penalty of CHF 5,000.00 shall be payable for each individual case of infringement and shall be owed to Hypnose.NET/OMNI Hypnosis International on first demand
- However, payment of the contractual penalty does not release the customer from further compliance with the contract and, in particular, from the prohibition to use the content/documents provided for its own training purposes and/or to make them available to third parties.
- Furthermore, we expressly reserve the right to claim further damages even after payment of a contractual penalty.
The formation, interpretation and performance of this Agreement and all disputes arising out of it shall be governed by the substantive and procedural laws of Switzerland, without regard to its conflict or choice of law rules, and, to the extent applicable, by the laws of Switzerland. The exclusive jurisdiction and place of jurisdiction for actions in connection with the subject matter of the contract is the court of Zurich. You hereby accept the jurisdiction of this court. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract.
Exclusion of liability and warranty
You agree that the Site and all products offered thereon are provided “as is” and “as available” and that your use of the Site and the products is solely at your own risk. We expressly reject liability and guarantees of any kind. We do not warrant that the products and services will meet your requirements or that the service provided will be uninterrupted, timely, secure or error free. We do not guarantee the results that may be obtained from the use of the products or services or the accuracy or reliability of any information contained in our offerings. You agree that any material and/or data that may be downloaded or otherwise made available through the use of the Site and the Products is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the downloading or streaming of such material. We do not warrant any goods or services purchased or provided through the Website.
Hypnose.NET / OMNI Hypnosis International is only liable for simple negligence – except in the case of injury to life, limb or health – if essential contractual obligations (cardinal obligations) are breached. Liability is limited to the foreseeable damage typical of the contract, up to a maximum amount of CHF 3,000. Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings and financial losses due to third-party claims is excluded in cases of simple negligence – except in cases of injury to life, limb or health. Any further liability beyond the scope of this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the German Product Liability Act) or liability under a no-fault guarantee.
Compensation for damages
You agree that Hypnose.NET GmbH / OMNI Hypnosis International and its affiliates, officers, directors, employees, agents, suppliers and licensors shall not be liable for any damages, claims, liabilities, costs or demands whatsoever arising out of any misconduct or improper use of the Website or the Offerings by any third party.
Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Conflict resolution
The formation, interpretation and performance of this Agreement and all disputes arising out of it shall be governed by the substantive and procedural laws of Switzerland, without regard to its conflict or choice of law rules, and, to the extent applicable, by the laws of Switzerland. The courts in Switzerland shall have exclusive jurisdiction and venue for actions in connection with the subject matter of the contract. You hereby recognize the jurisdiction of these courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract.
Assignment
You may not assign, resell, sublicense or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment or delegation shall be null and void. We are free to sell all rights or obligations under this agreement in whole or in part to third parties or to assign them as part of a sale of shares or a merger.
Changes and additions
We reserve the right to modify or update this Agreement or its terms and conditions relating to the Site and the Products at any time. Changes become legally effective upon publication on the website. When a new version of this agreement becomes effective, we will indicate this by displaying the updated date at the bottom of this page. Your continued use of the Website and the Products after any such change shall constitute your acceptance of such changes.
Acceptance of these terms and conditions
You acknowledge that you have read this agreement and agree to all the terms and conditions contained herein. By accessing the Website and the Products, you accept the Terms of Use and the Privacy Policy. If you do not agree to the terms of this Agreement, you are not authorized to access or use the Site and the Products.
Contact us
If you have any questions in connection with this agreement, please contact us at office@hypnose.net or write to Hypnose.NET GmbH, Weiherweg 8, 8604 Volketswil, Switzerland.