Terms

General terms and conditions

These general terms and conditions (“Agreement”) set out the general terms for your use of the websites hypnose.net and omnihypnosis.com (“Website” or “Service”) and all related products and services (together “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Hypnose.NET GmbH / OMNI Hypnosis International (“Hypnose.NET GmbH / OMNI Hypnosis International”, “we”, “us” or “our”). By accessing and using the Website and its content, you confirm that you have read and understood the terms of this Agreement and that you agree to them. If you enter into this Agreement on behalf of a company or other legal entity, you confirm that you are authorized to enter into contracts on its behalf. In this case, the terms “User”, “you” or “your” refer to that company or legal entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you may not accept this Agreement and may not access or use the Website and its products and content. You acknowledge that this Agreement is a contract between you and Hypnose.NET GmbH / OMNI Hypnosis International, regardless of whether it was concluded electronically or signed physically. This electronic Agreement governs the use of the Website and the services offered on it.

User accounts and memberships

You must be at least 18 years old to use the Website and its content and products. By using the Website and services and by agreeing to this Agreement, you warrant that you are at least 18 years old. If you create a user account on the Website, you are responsible for maintaining the security of your account. You are fully responsible for all activities that take place under and with this account, and for all activities connected with it. We have the right, but not the obligation, to monitor, review and/or reject new accounts. Providing false contact information of any kind may lead to the termination of your user account without notice and without a refund of purchases made. You are obliged to inform us immediately of any unauthorized use of your account or any other breach of security. We are not liable for acts or omissions for which you are responsible, including damages of any kind resulting from such acts or omissions. We may suspend, deactivate or delete your user account (or any part of it) if we determine that you have violated any provision of this Agreement or that your conduct damages our reputation or business or harms our standing. If we delete your account for the reasons stated above, you may not be able to register again for our Website or services. We may block your email and IP address(es) to prevent further registration.

It is expressly prohibited to make your personal and non-transferable login details public, to share them and/or to make them accessible to third parties. The content is for you personally and may not be used as a performance in front of an audience, whether free of charge or for payment, in public or in private. Nor may the content be used for teaching purposes or otherwise performed in public and/or offered for rent in a library or video library. All videos (streaming and/or downloads), texts, images and trademarks are subject to the copyright of Hypnose.NET GmbH / OMNI Hypnosis International, except where declared otherwise. The login is personal, individual and non-transferable, whether free of charge or paid. Any misuse will be penalized with a contractual penalty of at least CHF 50,000 per case.

These are personal, non-transferable rights of use and not ownership. Illegally making the content available on file-sharing platforms, whether free of charge or for payment, is expressly prohibited and will be penalized with a contractual penalty of at least CHF 1,250,000 in damages per case.

Billing and payments

You pay all prices, costs and fees in accordance with the price and fee list and the payment terms valid at the time they fall due. If you have purchased services, subscriptions or products that renew automatically, they will be charged automatically in accordance with the applicable terms of the respective product. By purchasing a product that renews automatically, you agree to the recurring payment. The protected and personal exchange of data takes place via an SSL-secured communication channel and is encrypted and protected with digital signatures. The Website and its content and products also comply with PCI vulnerability standards in order to create as secure an environment as possible for users. For additional security and protection, regular malware scans are carried out. If, in our assessment, your purchase constitutes a high-risk transaction, you must provide us with a copy of your valid identity card and possibly a copy of a recent bank statement for the credit card used. We reserve the right to change products and product prices at any time. We also reserve the right to refuse orders placed. We may limit or cancel orders and purchases at our own discretion. If we change or cancel an order, we have the right, but not the obligation, to contact you via your email and/or billing address/phone number.

Reliability of notices and information

The information provided on the Website about discounts, promotions and other offers may occasionally contain errors and inaccuracies or be incomplete. We reserve the right to correct errors, inaccuracies or omissions and to change or update information. It is likewise permitted to cancel orders if information on the Website or in specific offers is incomplete (even after you have already placed your order). We assume no obligation to update, change or clarify information on the Website. This expressly also applies to prices, unless otherwise required by law. If an update date is given on the Website, it cannot be concluded from this that all details and information were updated on that date.

Third-party services

If you use, activate or access programs or applications of third-party providers, please note that we are neither responsible nor liable for them. The use of these programs or services is subject exclusively to the terms and conditions of the respective providers. We do not support third-party applications and accept no responsibility for their content or the use of your data. You expressly and irrevocably waive any claims against Hypnose.NET GmbH / OMNI Hypnosis International in connection with the use of programs or services of other providers. Hypnose.NET GmbH / OMNI Hypnosis International is not liable for damage or loss resulting from the use of such products, including damage or loss caused or allegedly caused by insufficient data protection or insufficient security provisions. You may need to register on the respective platforms for other programs or services. By activating other services, you expressly permit Hypnose.NET GmbH / OMNI Hypnosis International to disclose your data as necessary to facilitate the use or activation of these other services.

Backups

We carry out regular backups of the Website and its content and will do our best to ensure that the backups are complete and accurate. In the event of a hardware failure or data loss, backups are restored automatically so that negative effects and downtime can be minimized.

Advertising

While using the Website and applications, you may come into contact with advertisers who offer their products or services via the Website, or take part in promotions. Any such exchange and all related activities, related terms, warranties or representations take place exclusively between you and the respective third party. We accept no liability, obligation or responsibility for such contacts, purchases or promotions between you and any third parties.

Links to other applications and resources

Even if the Website or the services offered are linked to other applications and resources (such as websites, mobile applications and so on), this constitutes neither direct nor indirect approval of, cooperation with or affiliation with a linked application or resource, unless expressly stated otherwise.

Some links on the Website may be “affiliate links”. If you buy a product or service by clicking on such a link, Hypnose.NET GmbH / OMNI Hypnosis International receives an affiliate commission. We are not responsible for reviewing or evaluating third-party offers. We accept no warranty or liability for the offers of third parties. Carefully review the legal notices and terms of use of all external providers you access via a link on our Website. Linking to other external providers is at your own risk.

Unlawful use

In addition to the other terms set out in this Agreement, it is prohibited to use the Website, the products offered on it or their content as follows: (a) for an unlawful purpose; (b) to incite an unlawful or criminal act or deed; (c) to violate international, regional, cantonal or state regulations, rules, laws or ordinances; (d) to infringe our copyrights and rights of use, or to disregard or infringe our intellectual property rights, or the copyrights, rights of use and intellectual property rights of third parties; (e) to discriminate against, insult, harass, defame, disparage or intimidate anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or harmful programs of any kind that impair the functionality or operation of the Website and the products and services offered, or of the products and services of third parties; (h) it is prohibited to spam, phish, pharm, pretext, spider, crawl or scrape the Website or its content; (i) to use it for obscene or immoral purposes; or (j) to circumvent or impair the security measures and firewalls of the Website and its content, or of third-party content and websites. We reserve the right to terminate your use of the Website and its content for violating any of the prohibited uses and to delete your user account without entitlement to a refund. Any resulting effort and costs will be invoiced to you in full.

Copyright and intellectual property rights

The entire website and all products, images and services contained in it are subject to Swiss legislation on copyright and intellectual property. The term “intellectual property rights” includes all present and future rights arising by law, customary law or approval in connection with or in relation to copyright, rights of use and related rights, trademarks, designs, patents, inventions, goodwill, rights to inventions and all other intellectual property rights, registered or unregistered, including all applications and rights that have been applied for. This Agreement does not in any way transfer to you any intellectual property of Hypnose.NET GmbH / OMNI Hypnosis International or of third parties. All intellectual property rights, in whatever form, remain exclusively with Hypnose.NET GmbH / OMNI Hypnosis International. All trademarks, content, graphics, logos and so on used in connection with the Website and the products are trademarks or registered trademarks of Hypnose.NET GmbH / OMNI Hypnosis International or its licensors. Other trademarks, graphics, logos and so on used in connection with the Website and the products or offers may be trademarks of third parties. Your use of the Website and products does not grant you any rights, licenses or trademarks of Hypnose.NET GmbH / OMNI Hypnosis International or of third parties. Their use or disclosure is prohibited.

Contractual penalty and damages

You (the user) confirm and acknowledge the following:

• It is prohibited under any title to use the content/materials provided for your own training purposes and/or to make them available to third parties.
• For each individual case of infringement, a contractual penalty of CHF 5,000.00 becomes due and is owed to Hypnose.NET/OMNI Hypnosis International upon first demand.
• Payment of the contractual penalty does not, however, release you from further compliance with the contract, and in particular from the prohibition on using the content/materials provided for your own training purposes and/or making them available to third parties.
• In addition, the right to claim further damages remains expressly reserved, even after payment of a contractual penalty.

The formation, interpretation and performance of this Agreement and all disputes arising from it are governed by the substantive and procedural laws of Switzerland, without regard to its rules on conflicts of law or choice of law, and, where applicable, by the laws of Switzerland. The exclusive jurisdiction and place of jurisdiction for actions in connection with the subject matter of the contract is the court of Zurich. You hereby recognize the jurisdiction of this court. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract.

Exclusion of liability and warranty

You agree that the Website and all products offered on it are provided “as is” and “as available” and that your use of the Website and the products is entirely at your own risk. We expressly disclaim liability and warranties of any kind. We do not warrant that the products and services will meet your requirements or that the service offered will be uninterrupted, timely, secure or free of errors. We do not warrant the results that may be obtained from the use of the products or services, or the accuracy or reliability of any information contained in our offers. You agree that any material and/or data that can be downloaded through the use of the Website and the products, or made available in any other form, is obtained at your own discretion and risk, and that you alone are responsible for any damage or loss of data resulting from downloading or streaming this material. We give no warranty for goods or services purchased or made available through the Website.

For simple negligence, Hypnose.NET / OMNI Hypnosis International is liable (except in the case of injury to life, body or health) only if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the damage that is typical for the contract and foreseeable, but to a maximum amount of CHF 3,000. Liability for indirect and unforeseeable damage, loss of production and use, lost profit, lost savings and financial loss due to third-party claims is excluded in the case of simple negligence (except in the case of injury to life, body or health). Any liability beyond that set out in this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations and exclusions of liability do not apply to strict liability prescribed by mandatory law (for example under the Product Liability Act) or to liability under a guarantee that does not depend on fault.

Indemnification

You agree that Hypnose.NET GmbH / OMNI Hypnosis International and its affiliated companies, bodies, executives, employees, agents, suppliers and licensors are not liable for any damages, claims, liabilities, costs or demands that you incur as a result of misconduct or misuse of the Website or the offers by third parties.

Severability clause

Should individual provisions of this contract be or become invalid or unenforceable after the contract is concluded, this does not affect the validity of the rest of the contract. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective the contracting parties pursued with the invalid or unenforceable provision. The above provisions apply accordingly if the contract proves to be incomplete.

Dispute resolution

The formation, interpretation and performance of this Agreement and all disputes arising from it are governed by the substantive and procedural laws of Switzerland, without regard to its rules on conflicts of law or choice of law, and, where applicable, by the laws of Switzerland. The exclusive jurisdiction and place of jurisdiction for actions in connection with the subject matter of the contract are the courts in Switzerland. You hereby recognize the jurisdiction of these courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract.

Assignment

You are not entitled to assign, resell, sublicense or otherwise transfer or delegate your rights or obligations under this contract, in whole or in part, without our prior written consent; any such assignment or transfer is null and void. We are free to sell all rights or obligations under this contract, in whole or in part, to third parties, or to assign them as part of a sale of shares or a merger.

Changes and amendments

We reserve the right to change or update this Agreement or its terms relating to the Website and the products at any time. Changes become legally effective when published on the Website. When a new version of this Agreement becomes valid, we will indicate this by stating the updated date at the bottom of this page. Continued use of the Website and the products after such a change constitutes your consent to these changes.

Acceptance of these terms

You confirm that you have read this Agreement and agree to all the terms it contains. By accessing the Website and the products, you accept the terms of use and the privacy policy. If you do not agree to the terms of this Agreement, you are not entitled to access or use the Website and the products.

Contact

For questions about this Agreement, you can reach us at office@omnihypnosis.com or in writing by letter to Hypnose.NET GmbH, Weiherweg 8, 8604 Volketswil, Switzerland.