Terms & Conditions
Please read the following Terms and Conditions carefully before you (the «Participant») use www.soulrow.ch (“the Website”) operated by SOUL ROW CLUB (“we”, “us”, or “our”). This Terms and Conditions sets forth the legally binding agreements regarding the physical activity you engage in and the use of the SOUL ROW Live Online and Offline Rowing Classes.
By using our website or booking a SOUL ROW Live Online or Offline rowing class, you accept this Terms and Conditions and agree to comply with the terms and conditions of SOUL ROW CLUB.
1. Health Waiver
You, the participant, confirms that you feel healthy and physically fit to participate in the SOUL ROW Live Online or Offline Rowing Class. You agree that your participation in the SOUL ROW Live Online or Offline Rowing Class is entirely at your own risk and that you are solely responsible for checking and monitoring your physical condition, especially during the SOUL ROW Live Online or Offline Rowing Class. You confirm that you will stop exercising immediately if you suffer from any unusual or concerning symptoms.
You agree that SOUL ROW CLUB, except in cases that cannot be legally excluded, accepts no liability for accidents, injuries, illnesses, and physical and / or psychological impairments of any kind that you may experience while participating in a SOUL ROW Live Online or Offline Rowing Class, or which are the direct or indirect consequences of participating in a SOUL ROW Live Online or Offline Rowing Class.
You are entirely responsible under civil and criminal law for personal injury, property damage and / or financial loss caused by you, regardless of whether this was caused intentionally or through negligence.
2. SOUL ROW Website
By accessing or using the SOUL ROW CLUB Website in whatever way, including, but not limited to, visiting, browsing, or contributing content or other information to the Website, you agree being bound by this Terms and Conditions. This Terms and Conditions set forth the legally binding terms for your use of any SOUL ROW CLUB Services. You are only entitled to use the SOUL ROW CLUB Services, regardless of whether your access or use is intended, if you accept this Terms and Conditions and agree to abide with all applicable laws and this Terms and Conditions. Please read this Terms and Conditions carefully and save them offline.
If you do not accept this Terms and Conditions, you should leave the SOUL ROW CLUB Website immediately and discontinue any use of SOUL ROW Services. If you wish to become a registered participant with your own user account, or if you want to book a SOUL ROW Live Online or Offline Rowing Class, you must read this Terms and Conditions and indicate your acceptance of this Terms and Conditions during the registration process or booking.
3. User Account
In order to access some features of the SOUL ROW CLUB Website, you might have to create a SOUL ROW CLUB user account. You may never use another person’s user account. When creating your user account, you must provide accurate and complete data. SOUL ROW CLUB is not obliged to check the accuracy of the data you provide.
You are solely responsible for any activity and usage that occurs on your user account and you must keep your user account password safe. You must notify SOUL ROW CLUB immediately at firstname.lastname@example.org of any breach of security or unauthorized access to or use of your user account.
When you sign up for a User Account, you will be asked to create a password or you will receive a password by email, which can be altered. You are solely and entirely responsible for maintaining the confidentiality of your password. You agree never to use another person’s user account, username, or password or to disclose your username or password to any third party.
You agree to notify SOUL ROW CLUB immediately via email@example.com if you suspect any unauthorized use of your user account or access to your password.
Participation is void where prohibited or restricted by law. This Website is intended solely for Users who are 15 years of age or older. Any registration by, use of, or access to the Website by anyone under 15 is not permitted and violates this Terms and Conditions. By using the SOUL ROW CLUB Website or our Services, you confirm and warrant that you are at least 15 years of age or older and that you agree to abide by all rules and regulations set forth in this Terms and Conditions. Minors between the ages of 15 and 18 may register on our Website only with the involvement and consent of a parent or legal guardian. SOUL ROW CLUB is not obliged to check the accuracy of the information you provide as participant.
6. Rules & Regulations
We reserve the right to deny you access to the SOUL ROW Online and Offline Rowing Class and suspend or discontinue your use of our services if we believe that your conduct is damaging to our reputation, violates these terms and conditions or is otherwise not in the best interest of other participants in our classes. Upon such suspension or termination, all privileges will expire and you will not be entitled to any refund.
You agree to follow the instructions of the instructor at all times. Instructors and classes can change. Personal belongings are brought to the Offline Rowing Class at your own risk and you agree that SOUL ROW CLUB is not liable for any loss, damage or theft of any personal belongings brought to the Rowing Class belonging to you or your guests.
We recommend that you connect to your booked SOUL ROW Live Online Rowing Class via zoom.us 10 minutes prior to the start of the scheduled class to check your audio and video settings. In case of late log on to the SOUL ROW Live Online Rowing Class, we might not be able to guarantee your participation in the SOUL ROW Live Online Rowing Class you have booked.
The recording of the SOUL ROW Live Online or Offline Rowing Class or any part thereof using the zoom.us client, your mobile device, or by any other mean is not permitted. Any violation of this regulation may result in your permanent exclusion from SOUL ROW Live Online and Offline Rowing Classes.
You agree that video recordings and photos may be taken during a SOUL ROW Live Online or Offline Rowing Class in which you are participating. You agree that no claims of compensation will arise from the video recordings and photos taken. You authorize SOUL ROW CLUB to use these video recordings and photos for unlimited, non-commercial and commercial purposes. In the event of publication, you have no claims of compensation against SOUL ROW CLUB.
7. Limitation of Liability
By using the SOUL ROW CLUB website, attending a SOUL ROW Live Online or Offline Rowing Class or any other activity, or creating a user account, you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and hazards in the strenuous and physically demanding nature of SOUL ROW Live Online and Offline Rowing Classes. You hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise programs of the SOUL ROW CLUB. By consenting to this Terms and Conditions, you acknowledge that you have been fully informed of the strenuous and physically demanding nature of the SOUL ROW exercise programs and the possibility of adverse physiological consequences including, but not limited to, abnormal blood pressure, fainting, heart attack or death. By consenting to this Terms and Conditions, you agree to bear all risks for your health and well-being entirely yourself. You completely release SOUL ROW CLUB and its instructors from any responsibility, costs or damages. You hereby acknowledge that you, and any minor* under your care, entirely waive any compensation.
* Participation under the age of 15 is not allowed. A minor between the ages of 15 and 18 can participate with the consent and presence of a parent or legal guardian.
The content on the SOUL ROW CLUB Website, including but not limiting to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the brands, graphics, logos, trademarks, and designs contained therein (“Brands”), are owned by SOUL ROW CLUB. They are subject to copyright and other intellectual property rights. The content provided on the Website is for your information and personal use only. Without the written consent of SOUL ROW CLUB, the Content and Brands may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or exploited for any other purposes in whatever way. SOUL ROW CLUB reserves all rights not expressly granted in and on the Website and the content. You acknowledge and agree that any of your questions, comments, suggestions, ideas, feedback or other information about the SOUL ROW CLUB Website or our Services, are non-confidential and shall become the sole property of SOUL ROW CLUB.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted in this Terms and Conditions. You agree not to bypass, deactivate or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any Content or enforce limitations on use of the SOUL ROW CLUB Website or the Content therein.
“SOUL ROW CLUB”, “SOUL ROW”, and all other brands, graphics, logos, word marks, and designs are trademarks of SOUL ROW CLUB in Zurich, Switzerland and includes other countries for which applications are pending or registrations have been granted. SOUL ROW CLUB trademarks may not be copied, reproduced, imitated or used, neither as part of brands or domain names nor in combination with any other products or services, without the prior written consent of SOUL ROW CLUB.
You acknowledge that SOUL ROW CLUB may charge fees for its Services and SOUL ROW CLUB reserves the right to change these fees from time to time in its own discretion. In the case, SOUL ROW CLUB deletes your User Account because you have breached this Terms and Conditions you may not be entitled to a (partial) refund of any fees you have already paid.
SOUL ROW CLUB cannot gurantee that places for a particular SOUL ROW Online or Offline Rowing Class are available, even if you have sufficient credit on your account or possess a voucher.
9. Mobile Services
SOUL ROW CLUB Services may include certain services that may be available via your mobile phone or other mobile device only, including but not limited to, (i) the booking of SOUL ROW Live Online or Offline Rowing Classes, (ii) making payments to SOUL ROW CLUB, (iii) the ability to receive and reply to SOUL ROW CLUB messages, (iv) the ability to visit or browse the SOUL ROW CLUB Website, and (v) the ability to access certain SOUL ROW CLUB features through a mobile application (App) you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). These Mobile Services are free of charge. However, your carrier’s normal messaging, data and other tariffs and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your network operator, and not all Mobile Services may work with all network operator or devices. Therefore, you should check with your network operator to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that SOUL ROW CLUB may communicate with you by SMS, MMS, text message or other electronic means via your mobile device and that certain information regarding your usage of our services is transmitted via these Mobile Services.
10. Third Party Websites
SOUL ROW CLUB reserve the right to terminate your access to the SOUL ROW CLUB Website, your User Account, or any of our Services at any time, without cause or prior notice. This can result in the forfeiture and deletion of all personal data associated with you. All provisions of this Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Term and Changes to this Agreement
This Terms and Conditions shall remain in full force and effect while you use the SOUL ROW CLUB Website, Services, or User Account. You may delete your User Account at any time and for any reason, by following the instructions on the SOUL ROW CLUB Website or by contacting SOUL ROW CLUB at firstname.lastname@example.org . SOUL ROW CLUB may delete your User Account at any time and without any warning, if you breach this Terms and Conditions. Even after your User Account is deleted, this Terms and Conditions will remain in effect.
SOUL ROW CLUB reserve the right to modify or replace this Terms and Conditions at its own discretion at any time and without prior notice by publishing updated Terms and Conditions on the SOUL ROW CLUB Website. It is your responsibility to check these terms and conditions for changes. Your continued use of the SOUL ROW CLUB Website or our Services after any such changes constitutes your acceptance of the new Terms and Conditions.
SOUL ROW CLUB encourage you to review this Terms and Conditions periodically for changes. If you do not agree to any of the Terms and Conditions or any changes to this Terms and Conditions, do not use or access the SOUL ROW CLUB Website and our Services or discontinue any use of the SOUL ROW CLUB Website and Services immediately.
13. Severability Clause and No Waiver
A waiver of any rule or regulations of this Terms and Conditions shall not be deemed as a further or continuing waiver of such rule or regulation or any other term or condition. SOUL ROW CLUB’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right, rule or regulation.
You and SOUL ROW CLUB agree that, except as may otherwise be provided in regard to specific services in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to, or arising out of, this Terms and Conditions, the SOUL ROW CLUB Website, or our Services shall be final and binding arbitration. Exceptions prevail to the extent that you have in any manner infringed upon or violated, or threatened to infringe upon or violate, SOUL ROW CLUB’s patent, copyright, trademark, or trade secret, or you have otherwise violated any of this Terms and Conditions set forth above. Then, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
15. Governing Law
This Terms of Service (and any further rules, polices, or guidelines incorporated by reference in this Terms of Service, the Privacy Policies, the Disclaimer, or our Website) shall be solely governed and construed in accordance with the laws of Zurich, Switzerland.
16. Contacting Us
Any queries regarding this Terms and Conditions, the practices of SOUL ROW CLUB or its Services, or your dealings with the SOUL ROW CLUB website, please contact us via email@example.com.
These Terms of Service have been updated and effective as of September 9, 2020.
17. Refund Policy
Retail Items: Unused and originally packaged merchandise goods may be returned at own expense within 7 days of purchase. After receiving and checking the condition of the goods, we will refund the purchase price excluding postage. If unused and originally packaged merchandise goods are returned after 7 days of purchase, we will grant you a voucher for the SOUL ROW CLUB web shop, which will be valid for 30-days. No returns without a receipt. Please read the below SHIPPING and IMPRINT for further information on the terms and conditions for using the web shop.
For questions or support with online purchases or returns, please contact firstname.lastname@example.org.
The value added tax is included in the price of the product. The shipping costs for an order will be added to the price of the order at checkout. Shipping is free of charge within Switzerland for a minimum order total of 100.00 CHF.
General terms and conditions for the web shop on the SOUL ROW Club Website.
1. Validity of the general terms and conditions
SOUL ROW CLUB operates a web shop on its Website. The services and deliveries of the webshop are carried out exclusively under the conditions of these general Terms and Conditions in the version valid at the time of conclusion of the contract.
2. Order and conclusion of contract
The order is binding for the customer. The contract is concluded with the acceptance of the order by SOUL ROW CLUB, order confirmation by email, or the delivery of the order. The webshop is updated regularly. It is possible that an article is no longer available at the time of the order. In this case the customer will be informed.
All prices are in CHF (Swiss francs) including the legally prescribed value added tax. The shipping costs are not included in the article price and will be calculated according to the quantity ordered. All prices are subject to change without notice.
4. Means of payment
The following payment methods are offered: TWINT, Visa, Mastercard, PostFinance Card, and PostFinance E-Finance.
5. Shipping costs
Shipping costs are calculated by SOUL ROW CLUB based on weight, size, and the place of delivery of the order.
The delivery takes place via “PostPack Economy” or any other parcel delivery service within maximum 7 working days after receipt of payment.
7. Delivery times
SOUL ROW CLUB makes every effort to process the order as quickly as possible, but no delivery times can be guaranteed.
8. Retention of title
SOUL ROW CLUB is the owner of the delivered goods until full payment has been received by SOUL ROW CLUB.
9. Refusal of acceptance
The costs of an unjustified refusal to accept the delivered goods will be charged to the customer. The right of SOUL ROW CLUB to fulfill the purchase contract remains unaffected.
10. Return, complaint, warranty, liability
SOUL ROW CLUB grants the customer the right to return the delivered goods within 7 working days undamaged, faultless and in the original packaging. In case of defects of the delivered goods, the warranty of SOUL ROW CLUB consists in the fact that after the return of the goods by the customer, SOUL ROW CLUB delivers a defect-free product or releases the customer from the contract and refunds payments already made by the customer. Should the delivered goods show defects, the customer is obliged to inform SOUL ROW CLUB in writing (by email) immediately, but no later than 7 days after receipt of the goods. Other warranties are excluded. In the case of complaints due to defects or wrong delivery, a copy of the web shop order must be enclosed with the return shipment. The costs of the return shipment shall be borne by the customer. Postage paid by the customer will not be refunded. SOUL ROW CLUB assumes no liability for damages caused by improper use of the purchased items.
11. Applicable law, place of jurisdiction
The contracts are exclusively subject to Swiss law. The exclusive place of jurisdiction is Zurich, Switzerland.
In the case of any discrepancy between the English and the German version of this Terms and Conditions, the German version shall be the legally binding version.