Gong with Frida Terms of Use DSGVO, Privacy Policy
Last updated: May 5th, 2023
Friederike Möhres “Gong with Frida” operates online store (“Gong with Frida”) located at www.gongwithfrida.com from which you may purchase digital products, event tickets and services.
These Terms of Use apply to the content and functionality of the Gong with Frida Shop, and to the Gong with Frida Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms.
1. Information that you provide to us
You may give us information about yourself when you visit the Gong with Frida Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Gong with Frida Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of important information.
With your (online) registration and participation in events you agree that your data will be saved electronically for all communication regarding the organisation, advertisement and relevant information related to the event. Your privacy is respected. Your data will only be processed by third parties when absolutely needed for the organization and processing of the service or product. You are aware that you can revoke your consent at any time.
Image, film or sound recordings from the online or live event can be used before and after the event for reflection, improvement and to promote the gongs, products and services which includes their publishing on homepages or advertisement in the internet. With your participation in the online or live event you agree that pictures and recordings of image and sound can be made and possibly be published in the internet or other forms of communication without any right of reimbursement. We make sure to select carefully which material will be released considering aesthetics and ethics. With your registration and participation in online live events you agree that the recordings will be available for purchase. For special events there will be an announcement that no recordings will be made, in this case there is no need for your consent. Un-called for transfer of your data to other platforms or the long-term storage of date by organisations such as for example Google or Facebook will not need to be tracked, prosecuted or deleted by Gong with Frida Shop as this is outside of the range of responsibility of Gong with Frida Shop.
2. Access to Gong with Frida
Gong with Frida Shop grants you a limited, revocable, non-exclusive, non-transferable license to access the Gong with Frida Shop. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
3. Products, Content and Specifications
Details of the products and services available for purchase in the Gong with Frida Shops are set out in the Gong with Frida Shop. All features, content, specifications, products and prices of products and services described or depicted in the Gong with Frida Shop are subject to change at any time without notice. Unless expressly noted, all descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in the Gong with Frida Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain digital product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner and for your personal use only.
The participation in services by Gong with Frida such as classes, events or workshops does not replace a consultation with a medical doctor or therapist. All services’ purpose is of education and relaxation and the participation is at your personal responsibility.
Changes to the offer of the Gong with Frida Shop can be caused by unforeseeable circumstances such as illness or other. In this case the event will be rescheduled and/or relocated, a substitute facilitator will be assigned or the event might be canceled. In case a minimum number of participants of 5 persons per event is not reached, it is possible to reschedule and/or relocate, or cancel the event. In this case you will be informed as early as possible before the beginning of the event. In the cases of relocation or rescheduling, you can choose between the new option or a refund of your participation fee via the original payment method. In case of a cancellation without a new option any paid participation fee will be refunded via the original payment method. Any further cost or indemnity claims as for example cancellation fees for traveling or hotel cost related to the cancellation of an event can not be taken into account by Gong with Frida Shop.
4. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via the Gong with Frida Shop. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
5. Your account
We may require that you create an account to access the Gong with Frida Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
6. Order Cancellation
Your purchase and/ or registration to a product or service of the Gong with Frida Shop is binding. Should it not be possible to attend, it is possible to nominate a person which will be attending instead of you except that someone from the waiting list can take the place. In the case that you leave before the end of an event there is no partial refund. In case that a product and/or service in the Gong with Frida Shop has a different cancellation policy you will be informed separately.
7. Order revocation (Widerruf)
You have the right to cancel an online order without giving specific reasons. The cancellation period is of 14 days after receiving access to the service or digital goods. It requires a clear statement of the cancellation contacting and informing the Gong with Frida Shop respectively via E-Mail (gongwithfrida@gmail.com) or website contact form. The statement needs to be sent within the 14 days to be valid and the product or service access must be returned accordingly. In the case of digital products or services which are delivered and consumed upon purchase no such return is possible and accordingly there is no possibility of revocation and/or refund in these cases.
The Gong with Frida Shop will return payments for legitimate cancellations within 14 days of receipt (unless product or service access have not been returned by the client within this period of time) via the same payment method the client paid with. In the case of a legitimate cancellation both parties have to return the received benefits and eventual benefits of utilization. If this is not possible, compensation for lost value must be given.
8. Sanctions and export policy
You may not use the Gong with Frida Shop or purchase any Gong with Frida Shop Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Gong with Frida Shop or any Gong with Frida Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
9. No warranties
We provide the Gong with Frida Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Gong with Frida Shop or obtained by you from or through the Gong with Frida Shop – whether from Gong with Frida Shop or another entity, and whether oral or written – creates or implies any warranty from Gong with Frida Shop to you.
Gong with Frida Shop disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Gong with Frida Shop; (b) that the Gong with Frida Shop Products will meet your specific needs or requirements; (c) that the Gong with Frida Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Gong with Frida Shop will correct any defects or errors in the Gong with Frida Shop; or (e) that the Gong with Frida Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Gong with Frida Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
10. Limitation of liability
Under no circumstances will Gong with Frida Shop be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Gong with Frida Shop or for the unavailability of the Gong with Frida Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Gong with Frida Shop, even if such damages are foreseeable, and whether or not you or Gong with Frida Shop has been advised of the possibility of such damages. Gong with Frida Shop is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Gong with Frida and Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Gong with Frida Shop further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Gong with Frida Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Gong with Frida Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Gong with Frida Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Gong with Frida in relation to the Gong with Frida Shop and Gong with Frida Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Gong with Frida Shop during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Your participation in the products and/or services of the Gong with Frida and Gong with Frida Shop is voluntary and at your own risk and responsibility. Each participant carries the full responsibility for himself or herself, his or her actions within and outside of the product and/or service / event and is responsible to compensate for any damage he or she causes. Gong with Frida and Gong with Frida Shop and the event location do not have any liability. The products and / or services / events by Gong with Frida and Gong with Frida Shop do not replace any medicinal or psychotherapeutic treatments. Gong with Frida and Gong with Frida Shop have no liability regarding any self-inflicted accidents or health damages. With your registration and / or participation in the products and / or services / events by Gong with Frida and Gong with Frida Shop you acknowledge that you are in a healthy condition and take part at your own risk. We do not take any responsibility for any objects of values. Should parts of the regulations of these terms of use be against the law, all other regulations do remain intact.
11. Applicable law
Should a provision of these General Terms and Conditions be ineffective or unenforceable in whole or in part or become ineffective or unenforceable in whole or in part after conclusion of the contract, the remaining provisions of these General Terms and Conditions remain valid. In place of the ineffective or unenforceable provision, the statutory provisions, if any, take effect.
These general terms and conditions and the contractual relationships between the customer and Gong with Frida and Gong with Frida Shop are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
12. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Gong with Frida and Gong with Frida Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.
13. Our address
Gong with Frida
Friederike Möhres
An den Hubertshäusern 1c
14129 Berlin