TERMS AND CONDITIONS OF USE
YOGATERAPIA HORMONAL DINAH RODRIGUES
This document establishes the general terms and conditions (“Terms of Use”) of YOGATERAPIA HORMONAL DINAH RODRIGUES, exclusively conveyed by JCR REALIZAÇÕES CIENTÍFICAS E ARTÍSTICAS LTDA. (“JCR”), registered with the CNPJ under No. 55.438.857/0001-80, at the electronic address www.dinahrodrigues.com.br, with the express authorization of DINAH RODRIGUES.
The contractor who uses the services or visits the YOGATERAPIA HORMONAL DINAH RODRIGUES website must certify and confirm that he/she has read and agreed with the terms and conditions established in these Terms of Use, as well as in the other documents presented on the website and not necessarily described in this document.
ACCEPTANCE OF THE PRESENT TERMS OF USE, THROUGH THE PLATFORM, IS ABSOLUTELY INDISPENSABLE TO THE USE OF THE SERVICES PROVIDED BY JCR, WITH REGARD TO YOGATERAPIA HORMONAL DINAH RODRIGUES.
CONDITIONS OF USE AND ACCESS TO THE PLATFORM
1.1 PLATFORM
JCR will make the online videos of yoga classes available to the contractors through the YOGATERAPIA HORMONAL DINAH RODRIGUES Platform, which have been taught by the yoga therapist Dinah Rodrigues.
Hormone therapy yoga classes are designed both to prepare a student for the practice of Hormonal Therapy Yoga exercises, and for the professional training of teachers, as long as they are able to exercise professional activity, upon proof that they fulfill the requirements for registering in the course, as requested, and present a copy of the Yoga teacher diploma.
1.2 REGISTRATION AND ACCESS TO CLASSES
In order to have access to the services available on the YOGATERAPIA HORMONAL DINAH RODRIGUES Platform, the contractor must complete the registration on the Website, free of charges, with all the mandatory information requested on the Platform and with the respective creation of the contractor name and password (“Login”). It is a must that the contractor declares under the penalties of the law that: (i) as a teacher, he/she is professionally trained and able to receive the “certificate of approval” from this course, with the purpose of teaching HORMONAL THERAPY yoga classes according to the textbook teachings of this SPECIALIZATION course; (ii) if you are a teacher, prove that you have taken specific courses related to the area, which capacitate you as a teacher; (iii) if you are a student, declare that you have physical conditions to perform the exercises, under your exclusive responsibility. Thus, a service provision contract will be executed between the contractor and JCR, which shall establish rights and obligations for both and will be governed in accordance with these Terms of Use.
The contractor is solely responsible for the information provided by him/her when Registering on the Platform, and JCR is not responsible for incorrect or untrue information presented by the contractor.
The contractor acknowledges that, if it is found that it provided incorrect or untrue information at the time of their Registration, their access to the Platform may be canceled, regardless of any formality, without any amount or indemnification being due by the JCR due to such cancellation.
The security of the Login registered is the sole responsibility of the contractor, who should not share it with third parties, and the contractor is solely responsible for improper access resulting from any improper use.
Upon Registration and payment, the contractor will be allowed to access all the features of the Platform, which must be done according to the rules stipulated in these Terms of Use.
In order for the contractor to be able to access the content of the Classes made available on the YOGATERAPIA HORMONAL DINAH RODRIGUES Platform, he/she must subscribe to the course available on the Platform: for women; for diabetes; for immunity; anti-stress; or for male hormones.
The Classes will be available to the contractor, on the Platform, for a period of 3 months, as of the contracting date. The Classes may have complementary teaching materials, being absolutely prohibited to save the files in any type of external media, as well as in cell phones, notebooks, computers or similar. Teaching materials may be sent by mail, at the sole discretion of JCR and depending on the course contracted, upon payment of shipping/handling.
The contractor authorizes JCR to make collections in the form and means chosen, JCR and any authorized debit company, which are exempt from any liability or obligation. If there are any impediments to payment due to the contractor’s responsibility, JCR reserves the right not to provide the contracted services. The contractor will view his/her financial situation in his/her student’s area, provided for in the Platform, so that he/she can regularize any pending issues.
To use the services offered on the Platform, the contractor must: (i) be 18 (eighteen) years old or older on the date of registration; (ii) have a valid e-mail address; (iii) access the Website; (iv) follow the registration instructions to complete the registration; (v) if you are a teacher, declare that you are certified to perform your role in order to access the classes; (vi) as a teacher, prove that you have taken training courses that qualified you to teach the classes; (vii) being a student, declare that you have the physical conditions to perform the proposed exercises and (vii) accept all the conditions established in these Terms of Use.
By accepting the Terms of Use, the contractor declares the veracity of all information provided, as well as they accept all the terms, conditions, obligations, statements, representations and guarantees described in these Terms of Use, to which they must obey and comply with.
1.3 CANCELLATION
Once you have contracted the course and paid the corresponding amount, it will not be possible to cancel it.
The Classes will be made available to the contractor, for a period of six (6) months, after confirmation of payment of the amount corresponding to the HORMONAL YOGA THERAPY remote course, as indicated on the Platform.
1.4 OBLIGATIONS OF PLATFORM USE
When using the Platform, the contractor undertakes to respect the legislation in force, as well as all the provisions of these Terms of Use, and practicing any acts that are contrary to any norm of the legislation, as well as to morals and generally accepted good customs, or that encourage any form of violence, discrimination and/or prejudice of any kind on the platform is strictly forbidden; be it protected by any intellectual or industrial property rights belonging to third parties, without the contractor having previously obtained from its holders, authorization is required to use said content; incorporation of viruses or other physical or electronic elements that may cause damage or hinder the regular functioning of the YOGATERAPIA HORMONAL DINAH RODRIGUES network and the worldwide network of computers, systems or computer equipment (“hardware” and “software”) of third parties and YOGATERAPIA HORMONAL DINAH RODRIGUES, or that may damage electronic documents and files stored in this computer equipment; cause difficulties in the regular operation of the services offered exclusively on the Platform by JCR due to its characteristics (such as shape, extent etc.). The contractor acknowledges that, in any such event, he/she will be solely responsible for the use he/she makes of the Platform contrary to the permission granted by these Terms of Use.
2. CORRECT USE OF INTELLECTUAL CONTENT AND PROPERTY
The contents made available on the Platform, such as computer programs, files, texts, icons, drawings, videos, sounds, brands, logos, layouts, teaching materials, algorithms, including the Classes and the works derived from them, such as advertising materials, teasers, among others, are for the exclusive use of JCR and are protected by international laws and treaties. Copying, reproduction, storage, transmission, distribution, exhibition, broadcasting, or any other type of use is prohibited, and violators are subject to corresponding civil and criminal sanctions.
Thus, the contractor must use the Platform and all the content available on it, such as videos, texts, teaching materials, DVDs, posters, photographs, graphics, images, links, other audiovisual and sound content and works, including the software used on the Platform, and, especially, the Classes, in accordance with the legal system, with generally accepted morals and good habits, with these Terms of Use and other instructions existing on the Platform, refraining from downloading, reproducing, copying, storing, transmitting, distributing, displaying, improperly conveying the Content made available on the Platform, even if partially, by any means, platform or existing support or that will exist in the future.
All Classes and Content made available to the contractor on the Platform are, only and in the state in which they are, only for the information and personal use of the contractor, for non-commercial purposes, in the form designated by JCR. Classes and Content may not be downloaded, used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, modified or otherwise exploited for any purpose, without the prior written consent of JCR. All brands, corporate names or logos of any kind, made available on the Platform, in the Classes and in the Content, are for the exclusive use of JCR, and the use of the Platform and access to the Classes and Content shall not be understood as an authorization for the contractor to quote, use and reproduce such brands, corporate names and logos.
Thus, any reproduction, transmission, distribution, placement and improper display of the Classes and Content made available on the Platform constitutes, in addition to the violation of intellectual property rights, violation of the teacher’s image, name and voice rights, being the sole responsibility of the contractor to indemnify the Professor due to possible misuse of image, without prejudice to the repair of damages and all expenses incurred by JCR due to the infraction.
3. RIGHTS, DUTIES AND OBLIGATIONS OF CONTRACTORS
Contractors are responsible for keeping their password confidential, not sharing it with third parties. If contractors are aware that third parties have taken over their password or have been using their access data, JCR should be informed immediately. If JCR has reason to believe that an unauthorized third party is in possession of the contractor’s access data, JCR may, at its discretion, change and/or block the access data. JCR will immediately inform the contractor and transmit to him/her, upon request, the new access data. The contractor will not be entitled to reproduce the original access data.
If, after completing the Registration, the contractor needs to change his/her registered data, he/she must immediately inform JCR.
As a rule, JCR shall communicate with the contractor through the email registered by him/her. The contractor will take all necessary measures to ensure that emails sent by JCR to the registered email address are delivered to him/her.
The contractor will not be able to use the Platform in a way that could damage, disable, overload or harm any network or server of JCR or the YOGATERAPIA HORMONAL DINAH RODRIGUES Platform. The contractor may not attempt to gain unauthorized access to any part of the Website, other accounts, computer systems, or networks connected to any JCR server or the YOGATERAPIA HORMONAL DINAH RODRIGUES Platform, through password, hacking or data mining. The contractor may not obtain or attempt to obtain materials or information through any means not intentionally made available.
JCR may cease providing services immediately if the contractor violates the duties and obligations set out in these Terms of Use.
4. RESPONSIBILITIES
By using the Platform, the contractor accepts all risks and consequences of registration and participation in the Platform, and agrees to exempt and maintain JCR, its administrators, directors, associates, employees, subsidiaries, agents and partners free from any responsibilities for losses, direct, indirect, incidental, special or consequential damages, as well as responsibilities related to personal injury, death, infringement or damage to intellectual property, image and publicity rights and invasion of privacy arising from or related to the Platform, including, but not limited to, their registration and participation in the Platform.
JCR shall not, under any circumstances, be held responsible for any damages resulting from the interruption of access to or failures in the operation of the Platform, caused by a third party, acts of God or events of force majeure. Likewise, JCR shall not be held responsible for defrauding the utility that the contractors may have attributed to the Platform, nor for any difficulty in accessing the Platform.
JCR uses best practices to keep all data entered by the contractor on the Platform safe, in compliance with national and international data protection laws and treaties.
However, JCR excuses itself from any responsibility related to damages of all kinds that may arise from the knowledge that unauthorized third parties may have of any of the information provided, as a result of a failure solely attributable to contractors or third parties that escape from the reasonable control of JCR.
JCR may, without any agreement of the contractor, make any changes to the Platform that it deems necessary, without any amount or indemnification being due to the contractor as a result.
All content published on the Platform is for information purposes only. The use of the services available on the Platform is entirely under the responsibility of the contractor. Physical exercise, in all its forms, with or without the use of equipment, such as blocks, bands, aerial fabric or any other equipment that may be suggested by Teachers during the courses offered on the Platform, is a vigorous activity. Therefore, the contractor is entirely responsible for choosing the course(s) to be followed on the Platform; this choice must be compatible with their physical and general conditions. The contractor understands that he/she has no obligation to follow or perform any postures, movements and instructions suggested in Class by the Teacher that are not in accordance with their individual physical capacity. JCR recommends that the contractor consult a doctor or qualified health professional to carry out their physical assessment before using the services available on the Platform. The Teachers who offer the Classes on the YOGATERAPIA HORMONAL DINAH RODRIGUES Platform are not health professionals and the content of this Website should not be interpreted as any form of medical advice or diagnosis.
IN NO EVENT WILL JCR BE RESPONSIBLE FOR ANY DAMAGES, INJURIES AND/OR ACCIDENTS SUFFERED BY THE CONTRACTING PARTY, AS A RESULT OF THE EXECUTION OF EXERCISES PRESENTED IN THE CLASSES AVAILABLE ON THE PLATFORM.
5. CHANGE OF TERMS OF USE
JCR reserves the right to change these Terms of Use, at any time, without prior notice to the contractor, except in the case of express legal provision stating otherwise. The new Terms of Use will take effect as of their publication on the Website. Within twenty-four (42) hours after the publication, the contractor must communicate by email if he/she does not agree with the changes to the Terms of Use. In this case, the contractual bond will cease to exist, provided that there are no open accounts or debts in the name of the contractor. If there is no manifestation within the period stipulated above, it will be understood that the contractor has tacitly accepted the new Terms of Use and the contract will continue to bind the parties.
6. GENERAL ASPECTS
If any provision of these Terms of Use is found to be invalid or unenforceable in accordance with applicable law, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that best matches the original provision’s intent, so that all remaining terms and conditions will continue in full effect.
JCR is authorized to transfer or assign, in whole or in part, its rights and duties arising from these Terms of Use, upon communication to the contractor.
Any change in the PRICES previously authorized by the contractor through the authorized means or online stores will be notified to the contractor prior to collection.
Free trials, discount coupons or other promotions: Any free trials or promotions involving paid SERVICES must be used only for the period specified or as long as the contractor maintains the conditions for obtaining said benefit, and cannot be used cumulatively with other promotions.
7. APPLICABLE LAW AND JURISDICTION
These Terms of Use will be governed by the laws in force in the Federative Republic of Brazil. For all matters relating to its interpretation and compliance, the parties shall submit to the forum of the capital of São Paulo.
TERMS AND CONDITIONS OF USE – Summary
– Services:
JCR, through YOGATERAPIA HORMONAL DINAH RODRIGUES, provides services related to Yoga practice and studies, including physical exercise, Yoga guidance, with the purpose of training STUDENTS FOR INDIVIDUAL PRACTICE and SPECIALIZING teachers.
By signing this term, you confirm that you have read and are in compliance with the Services Usage Rules. These rules may be changed at any time, at the sole discretion of JCR and will always be available on our website: www.dinahrodrigues.com.br.
- Electronic Contracting:
Adherence to this Term is electronic. The person who adheres must express their awareness and agreement that JCR, in the adherence process, performs the collection and storage of its biometric data and personal information, as well as the records of its actions, as necessary to prove the validity of this contract.
- Payment:
By adhering to this agreement, you authorize JCR to automatically charge your credit or debit card according to the information provided, in the amounts provided for the course, which make up the price of the services. The authorization granted herein is irrevocable and will be valid as long as there are amounts to be paid by you, even if your registration has been canceled, suspended and the contract terminated.
- Readjustment:
The course fees will be adjusted annually on January 1st.
- Collection: JCR is allowed to contract a third party (credit card operators and banking networks) to file documents and make collections; such third party is subrogated to judicial and administrative rights.
- Privacy:
JCR may use technologies (own or third parties’) to collect data in its physical facilities, as well as in its Internet portals. By means of this term, you express your free, express and informed consent for the platform to process personal data, including logs, geolocation records and information about your mobile devices (such as model, identifier numbers, version etc.), which shall remain anonymous and maintained under an appropriate security standard.
- Approval Certificate:
The contractor declares to be aware that the classes taught on the Platform can only be reproduced by the contractors, if they complete the courses offered and obtain the competent “certificate of approval” or “certificate of specialization in HORMONAL YOGA THERAPY” according to the chosen course: for women; for diabetes; for immunity; anti-stress; or for male hormones.