Terms and Conditions
Terms and Conditions (Last updated December 3, 2020)
These Terms and Conditions govern your access to and use of the TalentMondo website and mobile applications (collectively, the "Site") and any services (the "Services") offered on the Site. This is a legal agreement between you and TalentMondo OÜ ("we", "us" or "TalentMondo").
The Site is owned and maintained by TalentMondo, with registered office at Sepapaja 6, Tallinn 15551, Estonia.
("TalentMondo", "us", "we", or "our").
By clicking the "Join Us!" button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms and Conditions.
We may modify these Terms and Conditions from time to time. When changes are made, we will make the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made.
"Instructor": is the third and real persons providing a wide range of fitness, recreational and wellness classes to Users by using the Site.
"Class": is the session in which the Customer and Instructor meet under a virtual environment so that the service could be supplied to the Customer and of which its period is determined by the selection of one of the plans supplied by TalentMondo.
"Plan": is the limited virtual class packages which are purchased by the member for the supply of Service for a fee under the tariff and conditions specified in the website and mobile application and which provide a specific minute and/ or time communication opportunity with an Instructor as per the feature of a plan.
Nature of Our Site and Services
The Service offered by Talentmondo consists only in operating an online well-being platform that allows consumers (“Customers”) to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness classes offered by Instructors by using the Site. TalentMondo is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Classes that are offered at or through such facilities on the Site.
Under this Terms and Conditions, Customers and Instructors will jointly be referred to as “Users”.
To enjoy full access to the Site and Classes, Customers need to subscribe to a Plan. A Plan starts on the date that you subscribe for a Plan and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a "Subscription Cycle").
Depending on the Plan you choose and purchase, you will be allotted credits to be used solely to book Classes each Subscription Cycle. You can choose how you use your credits across the various Classes available to you. Credits expire within 60 days following the end of each Subscription Cycle, meaning that any credits you don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise.
As the operator of the online platform, Talentmondo only acts as an intermediary, and therefore we cannot intervene in any way in the relation that develops between the Instructor and a Customer. TalentMondo is not liable for the behavior of Instructors and Customers for any damages that they may cause to one another while using the Services. TalentMondo is not responsible for pecuniary losses and intangible damages arising out of disputes between the Users.
TalentMondo has no obligation to screen or verify the identity or background of any User. TalentMondo does not screen or verify the training or experience of any of the Users, or any content submitted by a User or anyone other than TalentMondo (“User Content”), including but not limited to User profiles (“Profile”) photos, videos and Instructor reviews (“Reviews”). TalentMondo has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site.
User is not allowed to use the Site and Service for commercial purpose and action including the sales, marketing, advertisement and introduction of any product, goods and/ or service, but not limited with the foregoing actions. User is not allowed to collect any personal information from other Users and Instructors for commercial or other purposes, including e-mail, telephone number and address.
TalentMondo further makes no representations about the Users. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
The availability of all or part of our Site and/or Classes may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to TalentMondo or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Classes and/or purchase a TalentMondo subscription. You further understand that the Site and/or Classes may not be available in every geography.
User agrees to release Talentmondo and Talentmondo's affiliated parties from any claims regarding any misstatements and misrepresentations made by any users of this site. ("Affiliated Parties" means TalentMondo's officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
Use of Site and Services
If requested by TalentMondo, you agree to provide TalentMondo with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver"s licenses) or other information as may be needed or requested by TalentMondo.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended for the Customers to reserve, schedule, purchase, access and attend the Class. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
Use of Other User's Personal Information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Instructors may not contact Customers, and Customers may not contact Instructors, for any purpose other than asking a question, providing information, or making arrangements related to the Classes.
Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding", "spamming," "mail bombing", or "crashing"; (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TalentMondo in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation of these Terms and Conditions or any alleged improprieties of any Users. You can contact us at email@example.com
User Content and Communication Rules and Guidelines
As a User of the Site, you may have the opportunity to post or transmit User Content, such as Profiles, Reviews, and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
i) contains photographs or images of another person,
ii) contains others' copyrighted content unless you have written permission from the copyright owner;
iii) contains or discloses another person's personal information without his or her written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
iv) implies that the User Content is in any way endorsed or sponsored by TalentMondo;
v) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
vi) is intended to harass, annoy, threaten or intimidate any other Users of the Site;
vii) is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
viii) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
ix) contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
x) is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
xi) uses scripts, bots or other automated technology to access the Site;
xii) otherwise violates the rights of third parties, including rights of privacy or publicity, or violates applicable laws and regulations.
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms and Conditions, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of TalentMondo. If a User believes that a specific review is not justified, he can report this to firstname.lastname@example.org.
Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to TalentMondo, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content in any media (including but not limited to print, email, digital and/or Internet) and to prepare derivative works of, or incorporate into other works, such information and content, for any purpose as deemed appropriate by TalentMondo including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.
Review Guidelines. Customers will have the opportunity to provide Review regarding Instructors. Reviews should not include any personal information about an Instructor that is not disclosed in the Instructor’s public Profile (for example, the Reviews should not include or reference a Instructor's address or phone number), should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. Reviews should reflect your experience with an Instructor. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review or Recommendation that we feel, in our sole discretion, violates these guidelines. If a User believes that a specific review is not justified, he can report this to email@example.com.
By TalentMondo. TalentMondo may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by TalentMondo, such termination, suspension, and/or removal will be effective immediately. If your account has been terminated by TalentMondo, you may not re-register without TalentMondo's consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
By User. As a User, you may terminate your account at any time You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available.
Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account's termination may not be available to you if you re-register with TalentMondo. Regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 8, 9, 10, 11, 12 and 13 of these Terms and Conditions will continue in full force and effect.
The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a "Third Party Site") or advertisements. We do not control or endorse any Third-Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third-Party Site or advertisement. Your use and access of a Third-Party Site is at your own risk and is subject to the terms and conditions for such Third-Party Site.
Payment and Refund Policies
The Customer acknowledges and agrees that he will pay the fee of the Plan and the fees of the Plans will be charged from the User’s credit card in the beginning of each Subscription Cycle automatically unless the Customer disables the auto renew option. The Customer may disable auto renew option and cancel the subscription at any time; however, there are no refunds regarding the previous or current Plan for cancellation. Purchased credits and Plans are not refundable; however, in case Customer disables the auto renew option, any other fees will not be charged.
The Customer acknowledges and agrees that purchased credits will be deducted from the Customer`s account immediately upon reservation to a Class and will be returned to the Customer`s account if the reservation is cancelled at least 12 hours before the Class. TalentMondo will not return credit or make refund to the Customer, if the Customer cancels a reservation within 12 hours prior to the Class or does not attend the Class for any reason at all.
We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the TalentMondo website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
The Customer acknowledge and agrees that TalentMondo will have no access to credit card information for any of its Customers; all such information is communicated by the Customer directly to the payment service provider.
Talentmondo uses the payment services of Stripe Payments Europe. By using the Service and the Stripe payment service, you accept, in your capacity of the Customer, that the Stripe Terms and Conditions are applicable between you and Stripe Payments Europe. These Stripe Terms and Conditions are attached to these Terms and Conditions and from an integral part hereof.
To the extent permitted by law, TalentMondo does not as a general rule provide refunds or credits for subscription or other purchase cancellations. However, TalentMondo may in its sole discretion issue refunds or credits when it believes they are warranted.
Text Message Communications and Mobile Push Notifications
Users provide TalentMondo with their mobile phone number as part of the registration process or in their account settings. Users who provide TalentMondo with their mobile phone number may receive text message communications from TalentMondo on their cellular phones and/or mobile devices. By providing TalentMondo with your mobile phone number, you consent to TalentMondo sending text messages to your cellular phone and/or mobile device. TalentMondo does not charge for sending text messages, but your carrier may charge you.
Users of TalentMondo's mobile applications may have the option to receive push notification alerts from TalentMondo. If push notification alerts are available, you will be given an option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
Promotional Offers and Credits
From time to time, TalentMondo may offer special promotions, credits, awards or discounts ("Promotions"). All Promotions will be run at the sole discretion of TalentMondo and can be modified or terminated at any time by TalentMondo with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, TalentMondo may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
Intellectual Property Rights
Copyright. All materials on the Site other than User Content are either owned by TalentMondo or are the property of TalentMondo's suppliers or licensors. You may not use these materials except as we give you written permission to do so.
Trademarks. The service marks and trademarks "TalentMondo" and the TalentMondo logo are owned by TalentMondo. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of TalentMondo and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
Ownership and Use. TalentMondo retains ownership of its intellectual property rights and you have no rights to TalentMondo's intellectual property or TalentMondo's rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
Your Content. Other than the non-exclusive license granted to TalentMondo with respect to User Content (described in Section 2.5. above), TalentMondo will not acquire an ownership interest in the User Content you post.
Disclaimer of Warranty and Limitations of Liability
"As-is" Basis. Talentmondo provides the site on an "as is" and "as available"basis. Your use of the Site is at your own discretion and risk.
No Warranties. TalentMondo grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the site). TalentMondo does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TalentMondo does not warrant the accuracy, adequacy or completeness of any information and materials on the site or provided or obtained in connection therewith, including, but not limited to, information contained in any background or verification report, regardless of whether ordered by a User or TalentMondo. TalentMondo does not warrant that your use of the site or services or that information on the site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the site will be corrected. Talentmondo makes no warranties about the connectivity and continued availability of the site or services.
You agree to release TalentMondo and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) your use of the Site, (ii) your use of the Services, (iii) any claim or controversy that may arise from any disputes between you and other Users, or (iv) any background or verification report, regardless of whether ordered by a User or TalentMondo.
User Content. Talentmondo makes no claims or promises about (i) the opinions, advice, statements, reviews, or other information or content made available on the site or through the services by users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
Limitation of Liability. Limitation of Liability. In no event will TalentMondo or its affiliated parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from (i) interactions with other users of the site, whether online or offline, (ii) your reliance on information or other content posted on the site or transmitted to or by any user of the site or services, and (iii) reviews or comments made about you on the Site by other Users.
You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using TalentMondo (including but not limited to attending, participating in or using a class) and to determine if and how participating is appropriate for you. Do not use Classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
You also understand and agree that the Site offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the Site and/or a Class is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the Site and/or a Class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the site and/or a class. The use of any of the content, recommendations and information provided on or through site is solely at your own risk.
No Consequential Damages. You agree that neither TalentMondo nor its affiliated parties have any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data.
Maximum Liability. Without limiting any other provision in these Terms and Conditions TalentMondo’s maximum aggregate liability to you for losses or damages you suffer in connection with the Site, the Services or Terms and Conditions is limited to the greater of (i) the amount paid, if any, by you to TalentMondo in connection with the Site in the 12 months prior to the action giving rise to the liability, or (ii) EUR 100.
You agree to indemnify, defend and hold harmless TalentMondo and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by TalentMondo and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms and Conditions or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or TalentMondo. You agree that you will cooperate as reasonably requested by TalentMondo in the defense of such claims. TalentMondo and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
Governing Law and Jurisdiction. Estonian law governs these Terms and Conditions, as well as any claim, cause of action or dispute that might arise between you and TalentMondo, without regard to conflict of law provisions.
In case of any dispute between Talentmondo and a User, both parties agree to attempt to settle such dispute amicably at first. If no settlement can be reached within a period of one month after the dispute first arose, the User can, as the case may be, bring the dispute either before the courts of the place where the User has his/her residence or the courts of Istanbul.
In case of a dispute between two Users, we remind you that Talentmondo is not a party to such dispute, and therefore will not in any way intervene in such dispute.
No Joint Venture or Partnership. Nothing in these Terms and Conditions may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. TalentMondo is not an employment service or agency and does not serve as an employer or referral source for any User.
Severability. If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties'intention, and all remaining provisions of these Terms and Conditions shall remain in full force and effect.
Complete Agreement These Terms and Conditions contains the entire agreement between you and TalentMondo regarding the use of the Site and Services and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.
Contact Information. If you have any questions or need further information as to the Site or the Services or need to notify TalentMondo as to any matters relating to the Site or Services, please contact TalentMondo at: Bereketzade Mah. Şair Ziya Paşa Cad. No: 3/8 Beyoğlu/Istanbul firstname.lastname@example.org.
Cancel 12 hours in advance to avoid a late cancellation fee. A missed reservation will result no credits refunds back.