1. ABOUT US
1.1 MYOPOINT AG is a stock company with its registered office in Winterthur (Switzerland).
1.2 The WEBSITE and the MOBILE APP is owned and managed by MYOPOINT AG, trading as David G. Simons Academy™ (DGSA®).
1.3 We can be contacted by e-mail at contact(at)dgs-academy.com or via the "contact" section of the WEBSITE.
2. USE OF AND ACCESS TO THE WEBSITE / MOBILE APP
2.1 The material and information contained on the protected area of our WEBSITE and our MOBILE APP has been prepared solely for the purpose of providing video tutorials on dry needling techniques (hereinafter "VIDEO TUTORIALS") offered on our WEBSITE and our MOBILE APP and must not be used for any other purpose.
2.2 You can access the VIDEO TUTORIALS through our WEBSITE or by downloading the MOBILE APP from the App Store© or Google Play Store©. Please note that the access to our WEBSITE or the possibility to download the MOBILE APP may be restricted and / or only available in certain countries / areas. We do not assume any liability whatsoever in connection with the availability of our WEBSITE or the possibility to download the MOBILE APP.
2.3 By using the WEBSITE and / or downloading the MOBILE APP, you warrant that:
• you are legally capable of entering into binding contracts;
• you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these terms and conditions; and
• you are at least 18 years old.
2.4 You will only use this WEBSITE and / or the MOBILE APP for your own personal or professional use.
2.5 By accessing the WEBSITE or downloading the MOBILE APP, you will be assuming all risks associated with its use, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via our WEBSITE, our MOBILE APP or your access to them.
2.6 Availability of the WEBSITE and / or the MOBILE APP may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of the operating system on your personal computer or your mobile device.
2.7 We rely on third party providers (such as App Store© or Google Play Store©, network providers, software engineers, data centers and telecommunication providers) to make the WEBSITE and / or the MOBILE APP and the content therein available to you. While we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not promise that the WEBSITE and / or the MOBILE APP shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the WEBSITE and / or the MOBILE APP or any third-party platform from which you may download the MOBILE APP (App Store© or Google Play Store©).
2.8 We shall be entitled at our own discretion to suspend the WEBSITE and / or the MOBILE APP (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the WEBSITE and / or the MOBILE APP. In case we wholly and concurrently suspend the WEBSITE and the MOBILE APP, other than for reasons beyond our control as set forth in section 2.5 et seqq. above, for more than two (2) consecutive calendar days (i.e. 48 hours), you shall be entitled to an extension of the Subscription Term in proportion to the time the WEBSITE and the MOBILE APP are concurrently and wholly suspended. In such cases, you shall not have any other claims or remedies towards us whatsoever, in particular no claim for a refund of the Subscription Price.
3. SUBSCRIPTION AND PAYMENT
Subscription Process / Order
3.1 In order to subscribe for our VIDEO TUTORIALS, you must register for an account with us ("Personal Account") via our WEBSITE or the MOBILE APP. If you already have a Personal Account with us, you can log in to your Personal Account using your user name and password.
3.2 You can subscribe for our VIDEO TUTORIALS for the price offered on our WEBSITE and / or our MOBILE APP ("Subscription Price") and for an (initial) term of one (1) calendar year ("Subscription Term"). In order to subscribe for our VIDEO TUTORIALS, you shall be required to follow the process on our WEBSITE or our MOBILE APP and complete the relevant details and provide the information we require to confirm the subscription for the VIDEO TUTORIALS ("Order"). You will be asked to provide customary billing and contact information such as name, birthday, e-mail address, billing address, native language and credit card information to us, our payment processor, App Store© or Google Play Store© and / or our acquirer. You agree to pay for your subscription by one of the methods described on the WEBSITE or the MOBILE APP. You hereby authorize the collection of such amounts using the method selected by you through the WEBSITE or the MOBILE APP, either directly by us or indirectly, via our payment processor, App Store© or Google Play Store© and / or acquirer. If you are directed to our payment processor, App Store© or Google Play Store© and / or acquirer, you may be subject to terms and conditions governing use of their service. We do not assume any liability in connection with any products or services rendered by such third party providers.
3.3 You shall not be entitled to subscribe for only part of our VIDEO TUTORIALS or for any term other than the Subscription Term, unless such partial subscription or such other term is expressly offered on our WEBSITE or on our MOBILE APP.
3.4 All Orders are subject to acceptance by us, and we and / or App Store© or Google Play Store© will confirm such acceptance to you by sending you an e-mail with a subscription receipt attached ("Order Confirmation"). The contract between us will only be formed when (i) we and / or App Store© or Google Play Store© have sent you the Order Confirmation and (ii) we and / or App Store© or Google Play Store© have received payment of the Subscription Price from you ("Contract"). We expressly reserve the right to cancel or decline your Order or any part of your Order at any time until it has been confirmed in accordance with this clause 3.4. Please note that (i) any download of the MOBILE APP from the App Store© or Google Play Store© is (also) subject to the terms and conditions of the respective store / platform provider and that (ii) we do not assume any liability with respect to any cancellation or decline of your Order by App Store© or Google Play Store©.
3.5 You are responsible to check the Order Confirmations that are subject to your Order, and we are under no obligation to rectify any mistakes once the Contract has been formed in accordance with clause 3.4 above.
3.6 Order Confirmations are e-mailed to the address you supply to us at the time of placing an Order. You are responsible for ensuring your e-mail address provided to us through our WEBSITE or our MOBILE APP (or by any other means of communication) is accurate. We are not responsible for Order Confirmations sent to incorrect e-mail addresses supplied by you.
3.7 The Subscription Price for our VIDEO TUTORIALS for the period of one Subscription Term shall be due and debited in full from your credit card, your PayPal account or any other method of payment indicated on our WEBSITE or our MOBILE APP at (i) the time of subscription (for your initial subscription) and (ii) the time of renewal of your subscription pursuant to section 4 below.
3.8 The published Subscription Price for our VIDEO TUTORIALS includes any applicable taxes, but is exclusive of any fees collected by payment processors, App Store© or Google Play Store©, acquirers and credit card providers, etc. All prices are in Euro (EUR).
3.9 If you have a promotional or discount code ("Code"), you may enter it on the relevant page of the WEBSITE or the MOBILE APP prior to payment of the Subscription Price. We do not warrant or provide any guarantees that your code will be accepted by the WEBSITE or the MOBILE APP. If your code is accepted by the WEBSITE or the MOBILE APP, the Subscription Price will be adjusted accordingly. A Code can only be accepted at the time an Order is made and cannot be applied retrospectively.
3.10 You acknowledge and agree that the Subscription Price may be subject to change and variation from time to time, taking effect as of the beginning of a new (renewed) Subscription Term. We shall notify you of any change to the Subscription Price by email at least 3 months prior to the beginning of the new Subscription Term. Any changes in the Subscription Price shall not be applicable to you for the current Subscription Term once you have received an Order Confirmation from us, save in the case of an obvious error.
4. CANCELLATION AND RENEWAL POLICY
4.1 Upon expiration of a Subscription Term your subscription is automatically renewed for another Subscription Term (i.e. for the term of another year), unless you unsubscribe from our VIDEO TUTORIALS prior to the expiration of the current Subscription Term by using the "Cancel subscription" button in your Personal Account (go to "Edit my subscription" and then "Cancel subscription"). You shall be entitled to cancel your subscription at any time, but only with effect as of the expiration of the Subscription Term running at the time you unsubscribe from our VIDEO TUTORIALS. Hence, (i) any cancellation of your subscription will not take effect prior to the expiration of the current Subscription Term and (ii) any amount paid prior to the cancellation of your subscription will not be refunded.
4.2 When your subscription is renewed for another Subscription Term, we will use the payment method currently associated with your Personal Account. You can view and edit your payment method at any time by logging in to your Personal Account, selecting "Edit my subscription" and then "Change Payment method".
4.3 We shall be entitled to suspend or cancel your subscription at any time and at our discretion with effect as of the expiration of a Subscription Term by giving at least 30 calendar days' notice to you. Furthermore, we shall be entitled to suspend or cancel your subscription at any time with immediate effect if (i) you are in default with the payment of the Subscription Price for the renewal of your subscription or (ii) you fail to perform your obligations under these Terms and Conditions in any other way in case such failure amounts to a fundamental non-performance of your obligations. Our right to suspend or cancel your subscription is exercised by notice to you. Any cancellation of your subscription by us for default of payment or non-performance of your obligations under these Terms and Conditions shall (i) not entitle you to a refund of the Subscription Price and (ii) not preclude any claim by us for damages for non-performance or any other claim.
5. ALTERATIONS AND CHANGES TO VIDEO TUTORIALS
5.1 Notwithstanding the provisions set forth above, we reserve the right to make alterations or changes to the VIDEO TUTORIALS (e.g. we might alter or replace single videos etc.). We will advise you of such alterations or changes in due time.
5.2 We will not necessarily notify you of changes that only result from a technical improvement having no impact on the Subscription Price or on the quality of our VIDEO TUTORIALS or changes that provide additional or improved features.
6. INTELLECTUAL PROPERTY
6.1 Unless otherwise expressly set out to the contrary, nothing in these Terms and Conditions shall serve to transfer from us to you, any intellectual property rights owned by and/or licensed to us (including content appearing on the WEBSITE or the MOBILE APP) and all rights, title and interest in and to such intellectual property rights will remain exclusively with us and / or our licensors.
6.2 In particular, we retain full rights, title, and ownership including all patents, copyrights, trade secrets, trade names, trademarks, and other intellectual property rights in and to the VIDEO TUTORIALS, the WEBSITE and the MOBILE APP.
6.3 Subject to these Terms and Conditions, we grant you a revocable, non-exclusive, non-transferable license for your personal, non-commercial use of the VIDEO TUTORIALS only. You are permitted to watch the VIDEO TUTORIALS on our WEBSITE or on the MOBILE APP ("Permitted Use").
6.4 You are expressly prohibited from using the VIDEO TUTORIALS, the WEBSITE and / or the MOBILE APP in any way or for any purpose other than the Permitted Use as described in section 6.3 above, including, but without limitation, from:
• downloading and / or printing the VIDEO TUTORIALS or any information or material from our WEBSITE or our MOBILE APP;
• sharing, selling, trading, republishing, reproducing, copying, editing, transmitting, posting, transmitting, uploading, crating derivative works, exploiting or distributing the VIDEO TUTORIALS or any information or material from our WEBSITE or our MOBILE APP;
• using, copying, duplicating, adapting or representing our VIDEO TUTORIALS or any information or material from our WEBSITE or our MOBILE APP in any way as if they were yours or created by you;
• removing, modifying, altering, using, destroying any registered or unregistered marks/logos, copyright markings, legends or notices owned by or licensed to us and placed upon or contained within the VIDEO TUTORIALS, the WEBSITE or the MOBILE APP; and
• doing anything which may be seen to take unfair advantage of the reputation and goodwill of our VIDEO TUTORIAL, our WEBSITE or our MOBILE APP or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us without first obtaining the written permission of the owner of such intellectual property rights.
6.5 You may establish a hypertext link to our WEBSITE or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our WEBSITE or content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our content without our written permission. By posting or submitting any material on or through our WEBSITE or MOBILE APP, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
6.6 When you submit to us or post any comment, photo, image, video or any other submission for use on or through our WEBSITE, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future VIDEO TUTORIALS, products, services and/or other materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
6.7 You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by your first name and initial letter of your last name (e.g. "Jeremy E."). You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our WEBSITE, our MOBILE APP or any other content at any time for any reason whatsoever.
7. DATA PROTECTION
8.1 Our VIDEO TUTORIALS and other materials and information on our WEBSITE and / or on our MOBILE APP are for informational and educational purposes only. To the fullest extent permitted by Swiss law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our VIDEO TUTORIALS and other information or materials on our WEBSITE and / or on our MOBILE APP.
8.2 We do not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violations by you. Furthermore, we do not assume any liability for the offers and services of third-party providers, in particular (but not limited to) App Store© or Google Play Store©, nor do we assume any liability for damages based on circumstances that are beyond our control pursuant to section 9 below. Links to third party websites may appear on our WEBSITE. Such third party websites are not our responsibility and we accept no responsibility for the availability, suitability, reliability or content of such third party websites.
8.3 You agree that our VIDEO TUTORIALS and other information and materials on our WEBSITE and / or on our MOBILE APP are provided "as is" and without any representations, warranties or guarantees of any kind either express or implied. To the fullest extent permissible pursuant to Swiss law, we disclaim all representations, warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not represent, warrant or guarantee that our VIDEO TUTORIALS and other information or materials on our WEBSITE and / or on our MOBILE APP will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be rectified, or that any part of the VIDEO TUTORIALS, the WEBSITE or the MOBILE APP are free of viruses or other harmful components.
8.4 We are not doctors and we do not give medical advice. Although our VIDEO TUTORIALS may contain medical topics, no warranty is made with respect to the accuracy of such content. We do in no way represent, warrant or guarantee that any statement contained or cited in our VIDEO TUTORIALS touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made on medical topics is accurate, it may not apply to you or any other person or your or any other person's symptoms. The medical information provided in our VIDEO TUTORIALS is, at best, of a general nature and cannot substitute for the advice of a medical professional (for instance, a qualified doctor/physician, nurse, pharmacist/chemist, etc.).
8.5 We cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our VIDEO TUTORIALS. Nothing in our VIDEO TUTORIALS, our WEBSITE or our MOBILE APP shall be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
9. EVENTS BEYOND OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Terms and Conditions that is caused by an event beyond our control.
9.2 An "event beyond our control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster and catastrophes, any event of force majeure, any failure of public or private telecommunications networks or any event that might in any way compromise the use of our VIDEO TUTORIALS, our WEBSITE or our MOBILE APP etc.
9.3 If an event beyond our control takes place that affects the performance of our obligations to you:
• we will contact you as soon as reasonably possible to notify you; and
• our obligations to you will be suspended and we reserve the right to cancel your subscription affected by the event beyond our control; and
• we will pro rata refund to you the Subscription Price for the remaining Subscription Term of subscriptions cancelled by us as a result of an event beyond our control.
10. VARIATION OF THE TERMS
10.1 We have the right to revise and amend these Terms and Conditions from time to time, including but not limited to making changes to reflect current market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
10.2 Such revisions and amendments are legally binding upon notice to you or publication on www.dgs-academy.com.
11.1 Nobody else has any rights under these Terms and Conditions. These Terms and Conditions are between you and us. No other person shall have any rights to enforce it. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions.
11.2 If a court finds part of these Terms and Conditions invalid or unenforceable, the rest will continue in full force. Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
11.3 Even if we delay in enforcing these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.4 These Terms and Conditions and the legal relationship between you and us is governed by and construed in accordance with Swiss law, excluding the conflict of law rules.
11.5 The Parties submit to the exclusive jurisdiction of the courts of the canton of Zurich, venue being Zurich 1, for all disputes arising out of or in connection with These terms and Conditions and the legal relationship between you and us.
11.6 Only these Terms and Conditions apply between you and us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the WEBSITE and / or the MOBILE APP and the subscription for our VIDEO TUTORIALS and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
11.7 Please add us to your "contacts" list on your email account so our email is not blocked. It is ultimately your responsibility to assure possible correspondence by following this procedure.