Terms and Conditions of Ora Collective

These Terms and Conditions apply to Service Contracts and any other related Agreement or legal relationship between you as the user/subscriber/customer and us as the Owner of the Website <oracollective.com>, <my.oracollective.com> and associated sub-domains which are provided by:

In good health Sarl, trading as „Ora Collective“

Rue du Lignolat 37

1170 Aubonne

Switzerland

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Owner contact email: hello@oracollective.com

"This Website" refers to

this website, including its subdomains and any other website through which the Owner makes its Service available;
applications for mobile, tablet and other smart device systems;
the Application Program Interfaces (API);
the Service;
any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

These Terms and Conditions shall also apply if you use contrary or deviating Terms and Conditions. These conflicting or deviating Terms shall only apply with our express consent.

These Terms and Conditions apply in the version valid at the time of your order. The English version of these Terms and Conditions shall apply exclusively. A translation into any other language may be made available to you by the Owner as an additional service without obligation.

Usage of this Website and the Service is age restricted: to access and use this Website and its Service the User must be an adult under applicable law. Minors may access this Website and use its Service only under parental or adult supervision.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.
Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By using the tools provided for account termination on this Website.
By directly contacting the Owner at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User has expired.

Account suspension and deletion

The Owner reserves the right to suspend or terminate the User's account at any time,with or without notice, at the Owner's sole discretion, in these cases:

User has violated these Terms; and/or
User's access or use of this Website may cause injury to the Owner, other Users or third parties; and/or
the use of this Website by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

The Owner holds and reserves all intellectual property rights for any and all content available on our Websites.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may stream, download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE AND/OR SERVICE PERFORMANCE

Paid Products and Services

Products and Services (Subscriptions/Membership Access) provided on this Website are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products or Services are described below and in the dedicated sections of this Website.

To purchase Products or Services, the User must register or log into this Website.

Product description

Prices, descriptions or availability of Products and Services are outlined in the respective sections of this Website and are subject to change without notice.

While Products or Services on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics, features and detailed information of the chosen Product or Services will be outlined during the purchasing process.

Our Service that can be accessed on the User‘s registered account comprises audiovisual content (videos and supplemental material) on holistic health coaching. Please note that such content, as it is being displayed, depicted, disseminated and/or published throughout our online-courses, videos and supplementary materials reflects and expresses individual opinions on holistic health coaching, which is intended to serve as a guideline to inform our audience about positive, sustainable lifestyle changes. Our content is in NO way and under NO circumstances a substitute for concrete professional medical and/or pharmaceutical advice, diagnosis or treatment and is NOT intended to replace such advice, diagnosis or treatment by qualified and licensed professionals. If you have questions regarding a medical condition you might be affected by, ALWAYS seek the advice of your physician/doctor and/or pharmacist without undue delay.

Purchasing process

Any steps taken from choosing a Product or Service to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product or Service and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Users must pay the purchase price in advance and will therefore be directed to our payment providers during the purchasing process.

Order submission

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
Before submitting your legally binding order you may view all information you are submitting to us and correct wrong information in the respective online forms or get back to our Website by clicking on the „Back“ button of your internet browser. You can also cancel or interrupt the purchasing process before clicking on the <Order and Pay> button by closing the browser window. Further ordering instructions are available during the order process.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

You can view and print these Terms and Conditions from our Website at any time. Order details are only stored in our internal systems and will not be available online after your order has been submitted to us.

The language of all contracts concluded via our Websites is English. All content in your registered user account will be in English language, unless otherwise indicated in the respective ordering details.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

including all applicable fees, taxes and costs;
in EURO

Any additional transfer costs incurred (e.g. service fees for transfers from outside of Switzerland or the European Union) shall be borne by the customer.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products or Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website. Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

Unless otherwise stated, these rules apply to the use of Coupons:

Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process. We are offering payment via PayPal or Stripe.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website. Additional fees will be indicated.

Payment methods are independently provided by third-party services. In such cases this Website collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

If you are in default of payment, we shall be entitled to charge interest on arrears at a rate of 5 %-points above the base interest rate published by the European Central Bank per year. If we prove a higher damage (e.g. due to return debit notes) due to default of payment, we can demand compensation for this higher damage instead of default interest. You may, however, prove that no damage or only a minor damage has been incurred.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product or Service until the total purchase price is received by the Owner.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.

Contract duration

Trial period

Users have the option to test this Website or selected Services during a limited and non-renewable trial period, at no cost, if such a trial period is specified in our offer. Trial periods will be automtaically transferred to a fee-based, paid subscription, unless the User terminates the Trial period before it ends. The Owner will send a reminder of the upcoming transfer of the Trial period to a paid subscription via email with reasonable advance, outlining the procedure to be followed in order to cancel a paid subscription.

Some features or functions of this Website may not be available to Users during the trial period.

Further conditions applicable to the trial period, including its duration, will be specified on this Website. A trial period will only be offered for certain membership registrations/subscriptions and will not be offered for the purchase of single videos.

Subscriptions

Subscriptions allow Users to receive Services continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the User account is being activated by the Owner and can be accessed by the User after a contract has been concluded.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the User account is being activated by the Owner and can be accessed by the User. Paid fixed-term subscriptions last for the subscription period chosen by the User or otherwise specified during the purchasing process. Fixed-term subscriptions are subject to automatic renewal according to the provision below.

Automatic renewal

Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or our Website.

The renewed subscription will last for a period equal to the original term.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Website.

Termination notice

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

A consumer within the meaning of section 13 of the German Civil Code (BGB) and thus, within the meaning of these Terms and Conditions means every natural person who enters into a legal transaction for purposes that predominantly are outside his/her trade, business or profession.

Users that do not fit this qualification, cannot benefit from the rights described in this section.

Right of withdrawal for consumers (applicable to Service Contracts/Subscriptions)

Consumers have a right of withdrawal according to the following provisions:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

In good health Sarl, trading as „Ora Collective“

rue du Lignolat 37

1170 Aubonne

Switzerland

E-Mail: hello@oracollective.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

If following your request the services are started during the withdrawal period, you will have to pay us an appropriate compensation for the amount of services delivered until the point in time on which you inform us of the fact that you are exercising your right of withdrawal for this contract with the compensation being proportionate to the overall value of the services covered by the contract.

Right of withdrawal for consumers (applicable Purchase Contracts/Physical goods)

Consumers have a right of withdrawal according to the following provisions:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us

In good health Sarl, trading as „Ora Collective“

rue du Lignolat 37

1170 Aubonne

Switzerland

E-Mail: hello@oracollective.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the information on the right of withdrawal

Exemptions from right of withdrawal

Please note that the right of withdrawal does not exist i. a.

for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery,

for contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery (§ 312 g (2) No. 6 BGB) as well as

for contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications.

Furthermore the right of withdrawal expires in the case of a contract for the supply of digital content that is not contained in a tangible medium, if we began with the performance of the contract after you have expressly consented to us beginning with the performance of the contract prior to expiry of the withdrawal period, and have acknowledged that by consent, you would lose the right to withdraw from the contract upon the performance of the contract having commendced (§ 356 (5) BGB).

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

via post to:

In good health Sarl trading as „Ora Collective“

rue du Lignolat 37

1170 Aubonne

Switzerland

via e-mail to:

hello@oracollective.com

I/We (*) ________________________________ (first name, last name)

________________________________ (street, no.)

________________________________ (postal code, city)

hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

Name of article: ________________________________

Article-No. (*): ________________________________

Ordered on (*): ________________________________

received on (*): ________________________________

________________________________

Signature of consumer(s) (only if this form is notified on paper), - Date

(*) Delete as appropriate.

End of model withdrawal form

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as our Services have been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of this Website or our Services due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
any losses that are not the direct consequence of a breach of the Terms by the Owner;
any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Website. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Website.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Final provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

It is the User‘s sole responsibility to ensure that his/her technical equipment and/or device(s), with which the User is accessing our Services, as well as the User‘s IT-environment (i.a. hardware, software, Wifi internet connection) suits the technical needs and specifications of the Owner‘s Services.

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website and our Services being rendered through our Websites are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website and the Services being rendered through our Websites are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.

If the User does not agree with the amended or otherwise modified Terms, he may object to the new terms within the period specified in the notification of the amendment, in which case the applicable previous version will remain in force.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

The Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Governing law

These Terms are governed by the law of Switzerland. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 30 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product

A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.

Service

The service provided by this Website as described in these Terms and on this Website.

Terms

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Website.

Latest update: November 25, 2022

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