​Terms & Conditions of Use Agreement

DARUMA 78 GmbH
 
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
 
1. Acceptance of Terms
These General Terms of Use apply to transactions between a customer (hereafter, Client) and DARUMA 78 GmbH (hereafter, Daruma78) when servicing in the Switzerland and international markets. These General Terms of Use will be deemed approved when Client accepts the order for the service. If Client does not accept the terms of this Agreement, Client should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. The client's continued use of the Service following our posting of any changes to this Agreement means that Client accepts those changes.
 
2. General Registration Requirements
 In consideration of your use of the Service, Client represents that Client is of legal age to form a binding contract and are not a person barred from receiving services under the laws of Switzerland or other applicable jurisdiction. The client also agrees to (a) provide true, accurate, current, and complete information about Clientself as prompted by the registration form available on the Website (the “Registration Data“) and (b) maintain and promptly update Client's Registration Data to keep it true, accurate, current and complete. If Client provides any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Daruma reserves the right to suspend or terminate Client's account and refuse any and all current or future use of the Service (or any portion thereof) at any time. DARUMA 78's  Materials (as defined in Section 14 of this Agreement) and Daruma's  Content (as defined in Section 8 of this Agreement) on the Service (collectively, “DARUMA 78's Content“) is provided to you “AS IS“ for Client's information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of DARUMA 78. Other than rights expressly granted to Client, DARUMA 78 reserves all rights in and to the Service and the DARUMA 78 Content.

2.1 Services
DARUMA 78 offers the following customized services at Love & Harmony 432 Heart: a: Meditation, b: Tarot, etc. Customized for entertainment.

2.2  International Use
Due to the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Client agrees to comply with all applicable laws regarding the transmission of technical data exported from Switzerland.

2.3 Purchases
DARUMA 78 offers subscription-based as well as one-time purchases of courses intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“) on Love & Harmony 432 Heart. Daruma reserves the right to cancel, interrupt, or reschedule any Content, Class, or Online Course. Subject to Client's payment of any applicable fees (including applicable taxes) and Client's compliance with all of the other terms Love & Harmony 432 Heart specifies for the Service, DARUMA 78 grants Client a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
 
 
3. Responsibility
 
3.1 The principles
Unless otherwise provided below, Daruma's liability shall be governed by the Swiss Code of Obligations; DARUMA 78 shall only be liable for amounts up to the amount of the proven damage.
 
3.2 Exclusion of liabilities
DARUMA 78 shall not be liable for any loss, delay, or loss of profit in the event of, or as a result of, force majeure or natural disasters. Furthermore, no liability shall be accepted if the damage is due to the fault or negligence of the Client; DARUMA 78 shall not be liable for damage caused by third parties in the performance of their functions.
 
4. Other regulations
 
4.1 Data protection
Both parties undertake to comply with the provisions of the Swiss Data Protection Act. Personal data may only be processed for the purposes and to the extent necessary for the performance and fulfillment of the contract. To that extent and for that purpose, personal data may also be transferred to companies in Switzerland or abroad associated with one of the contracting parties, provided that the preconditions set out in the provisions of Swiss data protection law are met.
 
4.2  Involvement of third parties
DARUMA 78 may at any time contract with third parties to provide services.
 
4.3 Exclusion of liability for links to other websites
Daruma is under no obligation to take responsibility for the administration of third-party websites linked to the Service.
 
4.4 Duty of confidentiality
The parties shall treat all facts and information, whether obvious or not, as trade confidential. It shall not be considered a breach of confidentiality if confidential information is transferred internally or to third parties involved. DARUMA 78 may advertise the fact that a business relationship has existed with a relevant client and may list the client as a reference.
 
4.5 Modification and Discontinuation
DARUMA 78 reserves the right to amend the General Terms and Conditions at any time. The relevant latest version will be available on the Daruma website Love & Harmony 432 Heart https://www.meditatemichiko.com/ before it comes into force.
 
4.6 Amendments and partial invalidity of contracts
Changes and amendments to the contract, as well as cancellation of the contract https://www.meditatemichiko.com/. If individual clauses of the contract are found to be invalid or illegal, the contract shall not be valid. The clause in question shall be replaced by an equivalent clause if possible from an economic point of view.

4.7 Intellectual property rights
All intellectual property rights (intangible property rights and related rights) relating to the work product generated and agreed within the framework of the execution of the contract shall belong to Daruma unless otherwise agreed in the contract.
 
4.8 Court of jurisdiction
The place of jurisdiction is Luzern/Switzerland In the case of clients residing abroad, Luzern/Switzerland is the place of debt collection and the jurisdiction for all proceedings.
 
4.9 Governing law
All terms and conditions of the contract shall be subject exclusively to Swiss law.
 
5. Publications in legal form
An integral part of the contract, and the only legally binding part of the Terms & Conditions, will be published electronically (or in the event of a conflict, in an English version) at https://www.meditatemichiko.com/ 
Daruma may issue hard copies of the Terms & Conditions at the request of the Client. It is acknowledged by the client that hard copies of the GTCs are only legally binding if they are currently valid and legally binding.
 

Michiko Sutter
Love & Harmony 432 Heart (Last revision date: 21.February. 2022)

DARUMA 78 GmbH