Zürich, Switzerland

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These Terms and Conditions ("Terms") contain the terms and conditions under which you may make use of the Kizombatouch website at https://www.kizombatouch.ch (the "Website") and /or the services that we make available to you. These terms constitute a legal agreement between you ("you," "your" or "user") and Kizombatouch, which operates the Kizombatouch Website, (hereinafter referred to as "Kizombatouch," "we" or "us"), and they govern your access and use of the website, content, products, and services made available to you.

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These Terms, together with the privacy policy available at ("Privacy Policy"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement."

Please read these Terms and any additional terms applicable to your use of the Website and some of our services before using it. By accessing or using the Website, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Website and the services that we available to you via the Website.

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Changes to Terms

We may modify these Terms at any time, at our sole discretion, as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Website or through other communications, such as the email address registered in your account. You should review the Terms whenever we modify them because if you continue to use the Website after we have posted modified Terms on the Website, you are indicating to us that you agree to be bound by the modified Terms.

The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this site, you agree to be bound by any such revisions.

If you do not agree to be bound by the modified Terms, then you may not use the Website anymore. Because our services are evolving over time, we may change or discontinue all or any part of the Website at any time and without notice, at our sole discretion.

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Kizombatouch account; registration and access

Age restrictions: To make use of the Website, you must be a minimum of 18 years old. By agreeing to these Terms, creating an Account, or engaging with the Website, you confirm that you meet the minimum age requirement of 18 years. Creating an account is prohibited if you are below 18 years of age.

Account and account security: To access certain features (like subscrbing to a membership or class participation), you may need to set up and maintain a user account within the Website ("Account"). When you register for an account, you may be asked to choose a username and password for the account. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for your account.

You also agree not to use the account or log in with the username and password of another user of the Website if (a) you are not authorized to use it or (b) the use would violate the Terms.

You hereby acknowledge and agree that we will not in any way be liable to you for any loss caused by unauthorized access to and use of your account.

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Intellectual property rights, license, and restrictions

License grant: Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use our website and the services that we offer through the website. Any rights not expressly granted herein are reserved by us.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website.

Intellectual property rights and intended use: This Website and the services we offer are controlled and operated by Kizombatouch, and all material on the Website, including but not limited to software, images, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the service, logos, trademarks, and service marks contained herein, are owned by Kizombatouch. Other service marks, logos, and names on the Website are the property of their respective owners. Any use of the Website or the contents made available to you on the Website other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Kizombatouch at any time without notice and with or without cause.

Website updates: Kizombatouch reserves the right to implement updates or modifications to the Website at any time, potentially influencing its prior mode of operation. Your use of the Website or procurement of services is independent of our commitment to provide specific functionalities or features, including the continuity of any particular feature or third-party services.

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Events listing, descriptions, tickets, and refunds

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Events listing and descriptions

All events listed on the Website are organized and managed by Kizombatouch. Event details like venue, time, and lineup are accurate as of posting but may be subject to change. We reserve the right to cancel, reschedule, or modify event details as needed. However, while we make reasonable attempts to ensure events and event descriptions are as accurate as possible, you understand that errors or mistakes in event listings and descriptions may occasionally occur. We will also make commercially reasonable efforts to promptly correct any significant inaccuracies brought to our attention upon verification.

Ticketing and sales

Event tickets are non-transferable, and the ticket holder's name and email may be required for entry verification. All ticket sales are final except in cases of event cancellations or material changes to the event details or lineup. Tickets will be delivered via email, and it is the purchaser's responsibility to receive and bring to the event. Ticket pricing may change due to limited-time promotional offers, so please review at checkout.

Also, when purchasing tickets, you agree to pay the advertised ticket prices. You must abide by any ticket restrictions specified by Kizombatouch in the event description, such as entry requirements, behavior rules, age limits, transfer/exchange policies, or health and safety protocols.

Refunds

If an event is canceled, we will contact ticket purchasers directly to offer a full refund to the original payment method or the option to transfer tickets to another event of equal or lesser value. However, in cases where the event lineup, performance details, or date is changed from the original promotion, you will be notified and given the option to attend the modified event, transfer ticket to an alternate event, or receive a refund for the ticket price, less any fees.

You understand that no refunds will be issued for event tickets except in the cases outlined above at our discretion. Resale or transfer of tickets is prohibited unless approved in advance. Eligible refunds will be processed back to the original payment method used within 2-5 business days from request approval. The ticket price will be refunded, while fees may be retained.

Memberships, fees, and payment terms

Kizombatouch may make certain paid membership features or classes available to you through the Website on a subscription or pay-as-you-go basis  ("Subscription"). Our membership and class subscription plans allow you to choose from different membership options as described on the Website, and purchasing any of the membership will require you to provide a valid method of payment, such as a credit card or debit card (a "Payment Method"). You are responsible for all charges incurred in connection with your payment, and you agree to pay the fees and charges for any purchased membership.

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Membership plans and subscriptions

By selecting a membership plan, you agree to pay a fee on a designated cycle for the services that we make available to you under that membership plan. Payment can be on a subscription basis ("subscription fee") on a pay-as-you-go basis or as described on the membership plan.

From time to time and at our sole discretion, we may offer a free trial or discounted subscription offers. Upon the expiration of such free trial or discounted subscription offer (where applicable), you will be charged the applicable subscription fees for such membership plan.

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Billing and billing cycle

The subscription fee will be billed at the time you establish your membership subscription and on an ongoing, regular basis unless you cancel your membership subscription. Note that the timing of your billing may change (i.e., in the event of a problem with your payment method, such as an expired credit card). Billing for plans that are not on a subscription basis will be charged only when you sign up for such a membership plan as described on the Website.

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Changes in membership subscription plan/subscription fee

Kizombatouch reserves the right to change the price for any membership plan at our sole discretion, and such subscription fee change will become effective at the end of the then-current Billing Cycle or membership plan. We can also make changes to the structure of our membership subscription plans. We will ensure to provide you with reasonable prior notice of any change in the price or structure of any membership subscription plans in order to give you the opportunity to evaluate your current membership subscription and make any changes, up to and including the option to terminate your membership subscription before such change becomes effective.

Unless subscription fees have been locked in under contract with Kizombatouch for a specific agreed period, your continuing use of the service after the membership subscription fees or structure adjustment takes effect constitutes your consent to such changes.

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Cancellation and refunds

You can cancel your monthly subscription or auto-renewals at any time in your account settings. Please note that you must cancel your monthly membership subscription plan before it renews for a subsequent term in order to avoid being charged for the next term's subscription fee. If you cancel your monthly subscription plan, the cancellation will become effective at the end of the then-current term. However, no refunds will be issued for subscription cancellations. If you cancel your subscription during a billing period, you will not receive a refund for fees already paid. However, you will retain access to the service until the end of the current billing cycle. We do not offer refunds or prorated billing for mid-term cancellations.

Refunds are also unavailable for non-monthly membership plans, as members can schedule classes at their discretion or before expiration as outlined in the membership plan description.

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Prohibited uses and activities

You agree not to access or use our Website for any illegal, harmful, fraudulent, infringing, or offensive use or to interfere with, disrupt, or attack our systems. We may suspend or terminate your access to our Website if you engage in any prohibited activity or materially breach these Terms. Prohibited activities include but are not limited to the following:

1. Use of the Website to post, share, or engage in any content that is illegal, infringes upon rights, or is harmful, harassing, defamatory, obscene, or promotes illegal activities.

2. Use of the Website to post content that is offensive, explicit, or encourages hate, discrimination, or unlawful behavior.

3. Use of the Website to post or distribute content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

4. Using the Website to exploit, harm, or attempt to exploit or harm any individual.

5. Use of the Website to transmit or engage in the use of any material that does not comply with these Terms.

6. Use of the Website for the transmission of unlawful advertising or promotional material, including spam or similar solicitations.

7. Use of the Website to attempt unauthorized access or disrupt the service or connected networks.

8. Use the Website to engage in activities that involve the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

9. Introduce viruses, malicious software, or attempt to gain unauthorized access to disrupt any part of the Website.

10. Engaging in any form of attack, such as a denial-of-service or distributed denial-of-service attack, on the Website.

11. Impersonating or attempting to impersonate any entity related to the Website.

12. Attempting to breach the Website's security or seek unauthorized information.

13. Interfering with the Website's proper functioning.

The content you access: It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and the recipient may use such information to harass you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website or through your use of the service we make available through the website.

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Feedback, your content, and submissions

From time to time, we may permit you to submit, upload, publish, or otherwise make available textual and/or visual content and information, including reviews, to the website. However, only customers who have been verified as purchasers of our memberships or plans may be permitted to leave a review on the website. If you submit any reviews, comments, photos, or other content (collectively, "User Content") to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such User Content (except any personal identification information) throughout the world in any media.

You represent and warrant you have all rights necessary to grant us this license for any User Content you submit and that such User Content complies with our policies and applicable laws. You agree to pay for all royalties, fees, damages, and any other costs associated with your User Content.

In order to protect the integrity of the Kizombatouch Website and services and protect our users from abuse, we have the right (but no obligation) to monitor, refuse to post, remove, or edit any User Content. However, we take no responsibility for User Content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website provided by you to Kizombatouch are non-confidential, and Kizombatouch can unrestrictedly use and disseminate them for any purpose, commercial or other, without acknowledgment or compensation to you.

1. Consent to electronic communication and disclosures

To the fullest extent permitted by law, these Terms and any other agreements, notices, or other communications from Kizombatouch to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Kizombatouch website and/or delivered to your, phone number, WhatsApp, or email address.

Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes at any telephone number, physical or electronic address you provide, or any other place where you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) or WhatsApp messages, and calls and messages delivered using an auto telephone dialing system or an automatic texting system.

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Copyright Infringement and notification

Kizombatouch respects the intellectual property rights of others and complies with Swiss copyright laws. We are committed to maintaining the integrity of copyrighted material and protecting the rights of copyright holders.

If you believe that any content on our Website infringes upon your copyright, please notify us immediately by sending us an email at info@kizombatouch.ch. Your notice must include the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

3. Identification of the infringing material and its location on our website.

4. Sufficient information to enable us to contact you, such as your name, address, telephone number, and email address.

5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the copyright owner.

Upon receipt of a valid infringement notice, we will promptly investigate the alleged infringement and take appropriate action, which may include removing or disabling access to the infringing material. Users who repeatedly infringe upon copyright will have their accounts terminated.

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Class participation and injuries disclaimer

Dance classes and related activities carry an inherent risk of physical injury from activities requiring physical exertion. By participating, you voluntarily assume such risks. It is your responsibility to consult a physician regarding your ability to safely participate in our classes. You confirm you are physically and medically fit to engage in the activities.

Neither Kizombatouch nor any of our instructors shall be liable for any injuries, damages, illnesses or loss of property relating to your participation in our classes. Please inform your instructor of any pre-existing medical conditions, injuries, or health concerns that may impact your participation or require accommodation. However, we do not guarantee the ability to accommodate all needs.

If you experience any pain or injuries during a class, you must immediately inform your instructor and cease participation until you can obtain proper medical treatment and clearance.

 

Third-party links, sites, and resources

Some links on the Website may allow you to leave the Website. The linked sites and resources are not in any way under the control of Kizombatouch, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.

Kizombatouch is not responsible for any form of transmission sent or received from any linked site or resources. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement of the site by us. Your use of any linked site or resources is at your own risk and is subject to the terms of use and privacy policies located on such site.

You understand that any content or information made available or expressed by a third party on the Kizombatouch Website is that of the respective owner(s) and not Kizombatouch. Kizombatouch neither approves nor is responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.

 

Privacy policy

When accessing and/or using the Website and the services we offer, we may obtain certain information about you, or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

 

Disclaimer of Warranties

YOUR USE OF THE KIZOMBATOUCH WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, CLASSES, EVENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, KIZOMBATOUCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KIZOMBATOUCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR SERVICES, CLASS AVAILABILITY, EVENT DETAILS AND DATES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE.

 

Limitation of Liability

To the maximum extent permitted by law, in no event shall Kizombatouch, its affiliates, agents, instructors, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or any loss of profits, revenue, data or opportunity arising out of the use or inability to use the website or services. This limitation applies even if Kizombatouch has been advised of the possibility of such damages, regardless of the theory or basis of liability, whether in contract, tort, strict liability, or otherwise.

In no event will Kizombatouch's total liability arising out of or in connection with these terms or from the use of or inability to use the website exceed the lesser of the total amounts you have paid to Kizombatouch during the six months immediately preceding the event(s) giving rise to such liability or fifty Swiss francs (CHF 50), if you have not had any payment obligations to Kizombatouch, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Kizombatouch and you.

 

Indemnification

You agree that as a condition of use of the Website, you will indemnify, defend, and hold harmless Kizombatouch, its officers, directors, employees, agents, licensors, and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your use of the Website or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

 

Term; Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, effective upon notice thereof to you (provided that, if we determine there may be an immediate threat to us, we may terminate such access without notice). You may also terminate your use of the Website and cancel your Account at any time.

Upon termination notice from us, the user will no longer access (or attempt to access) the Website. However, all provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, payments, Intellectual property, copyrights, trademarks, disclaimers, and limitations of liability.

 

Governing Law

This website and any disputes arising from or in connection with it shall be governed by and construed in accordance with the laws of Switzerland. Any dispute, controversy, or claim arising out of or in connection with this website, including its existence, validity, interpretation, performance, breach, or termination, shall be exclusively resolved by the competent courts of Switzerland.

 

General Terms

Waiver: No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that we will pursue legal actions against all breaches of this Agreement.

Severability: If any term of these Terms is determined as invalid or unenforceable by a court of law, such term shall be deemed severable without affecting the validity of the remaining term.

Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorized assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.

Force majeure: Notwithstanding the other provisions of this Agreement, if Kizombatouch is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), terrorism, explosions, pandemic, and acts of God like an earthquake, flood, hurricanes, tornadoes, and other natural calamities, Kizombatouch will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

Entire Agreement: These Terms comprise the entire agreement between you and us relating to your access to and use of the Website, Website Content, and any product or service you have purchased on the Website and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

 

Questions or complaints?

Feedback, comments, requests for technical support, and other communications relating to the website and services should be directed to us. Please contact us at info@kizombatouch.ch.