GENERAL TERMS AND CONDITIONS OF SALE

General terms and conditions of sale & use

  1. General terms and conditions of sale & use

    This website is operated by Boost Yr Team Sàrl. Throughout the site, we use the terms “we”, “us” and “our” to refer to Boost Yr Team Sàrl. This website, including all information, tools and services available on it, is offered by Boost Yr Team Sàrl to you, the user, conditioned on your acceptance of all of the terms, conditions, policies and notices stated herein.

    By visiting our site and/or purchasing something from us, you are participating in our “Service” and agreeing to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Use”), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.

    Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access our website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

    Each new tool or feature that is added to this Platform is also subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will constitute your acceptance of those changes.

    1. TERMS OF USE OF THE ONLINE PLATFORM

    © Copyright 2017-2023, Boost Yr Team Sàrl. All rights reserved. Any reproduction, adaptation or translation without our prior written permission is strictly prohibited. Any listing of our products or description of our products, as well as all content of the website and Platform Boostyrteam.com (text, graphics, logos, buttons, images, icons, programming code and software) are the exclusive property of Boost Yr Team Sàrl. They are protected by copyright laws and international treaties. All other trademarks appearing on the Boostyrteam.com website are the property of their respective owners.

    By agreeing to these Terms of Use, you represent that you are at or above the age of majority in your jurisdiction and that you have given us permission to allow any minor in your care to use this site.

    You must not use our products and services for any illegal or unauthorised purpose, or violate any laws in your jurisdiction when using the Platform (including, without limitation, copyright laws).

    You must not transmit any worms, viruses or any code of a destructive nature.

    A breach or violation of any of the Terms will result in immediate termination of your Services.

    2. GENERAL TERMS AND CONDITIONS

    We reserve the right to refuse service to anyone at any time and for any reason.

    You understand that your content (except for your credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred across networks.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Platform, any use of or access to the Platform, or any contact on the website through which the Platform is provided, without our express written permission.

    The headings used in this agreement are included for convenience only and shall not limit or affect these Terms.

    3. TERMS AND CONDITIONS OF USE

    These terms and conditions apply to your use of the Boost Yr Team Sàrl (“BOOST YR TEAM”, “we”, “us” and “our”) corporate website, located at boostyrteam.com and accessible on the World Wide Web of the Internet. The terms “you”, “your” and “yours” refer to any person accessing the Boostyrteam.com website. Use of this site is governed by the Terms of Use described below. Please read the Terms of Use carefully before using this website.

    4. GENERAL

    By accessing Boostyrteam.com, you agree to be bound by all of these terms and conditions. If you do not agree to these terms, please do not use this site. We reserve the right at any time to change the terms applicable to your use of Boostyrteam.com, in whole or in part, or to impose new terms. Such changes, additions or deletions will be effective immediately upon notice from us, including by uploading to our Boostyrteam.com website. Your use of the Platform following the posting of such notice shall constitute your acceptance of such modifications, additions or deletions.

    5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    We shall not be liable if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

    This site may contain some historical information. By definition, historical information is not current and is provided for reference purposes only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any of the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

    6. CHANGES TO THE PLATFORM AND PRICES

    The prices of our products are subject to change without notice.

    We reserve the right to modify or terminate the Service (or any part thereof) at any time without notice.

    We shall not be liable to you or any third party for any change in prices, or any modification, suspension or discontinuance of the Platform.

    7. PRODUCTS OR SERVICES (if any)

    Certain products or services may only be available online through the Website. Quantities of such products or services may be limited and their return or exchange is strictly subject to our Returns Policy.

    We have endeavoured to present the colours and images of the products on the shop as accurately as possible. However, we cannot guarantee the accuracy of the colours displayed on your computer screen.

    We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographic area or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.

    We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Platform will be corrected.

    8. ACCURACY OF BILLING AND ACCOUNT INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will contact you to notify you by contacting you using the email address and/or billing address or telephone number provided at the time of ordering. We reserve the right to limit or prohibit orders that we believe may have been placed by traders, resellers or distributors.

    You agree to provide current, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

    For more information, please see our Returns Policy.

    9. OPTIONAL TOOLS

    We may provide you with access to third party tools that we do not monitor, control or administer.

    You acknowledge and agree that we provide you with access to these tools on an “as is” and “as available” basis, without any warranty, representation or condition of any kind and without any endorsement. We shall not be liable in any way for anything arising out of or relating to your use of the Third Party Optional Tools.

    Any use by you of the Optional Tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by the relevant third party provider(s) and to agree to those terms and conditions.

    We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new services and/or features will also be subject to these Terms of Use.

    10. THIRD PARTY LINKS

    Certain content, products and services accessible through our Service may include materials from third parties.

    Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services of third party sources.

    We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content or any other transaction related to such third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

    11. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    If, at our request, you submit specific content (e.g., as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Feedback”), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate, and use in any media any Feedback you send us. We are not and shall not be obligated to (1) maintain the confidentiality of the comments; (2) compensate anyone for any comments provided; or (3) respond to the comments.

    We may, but are not obligated to, remove content and Accounts containing content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Use.

    You agree that your comments must not infringe the rights of any third party, including copyrights, trademarks, privacy, personality or other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way affect the operation of the Platform or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are entirely responsible for any comments you make and their accuracy. We do not accept any responsibility for comments posted by you or any third party.

    12. ERRORS, INACCURACIES AND OMISSIONS

    From time to time, there may be information on our site or the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or any related website is inaccurate, at any time without notice (including after you have placed your order).

    We are not obliged to update, amend or clarify any information on the Platform or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Platform or any related website shall be defined to indicate that all information offered on the Platform or any related website has been changed or updated.

    13. PROHIBITED USES

    In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any content:

    (a) for any unlawful purpose; (b) to induce or participate in any unlawful act; (c) to violate any local ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party’s intellectual property rights; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information;

    (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Platform or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security measures of the Platform or any related website, as well as other websites or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating the Prohibited Terms of Use.

    14. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

    We do not warrant, represent or represent that your use of our Platform will be uninterrupted, secure, timely or error-free.

    We do not warrant that the results that may be obtained from your use of the Platform will be accurate or reliable.

    You agree that, from time to time, we may withdraw the Platform for indefinite periods or cancel it at any time without notice.

    You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Platform and all products and services provided to you through it are (unless expressly stated by us) provided on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

    In no event shall Boost Yr Team Sàrl, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, including, but not limited to, loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, resulting from your improper use of the Platform. 

    Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.

    15. INDEMNIFICATION

    You agree to indemnify, defend and hold Boost Yr Team Sàrl and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents referenced herein, or your violation of any law or the rights of another.

    16. SEVERABILITY

    If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of any remaining provisions.

    17. TERMINATION

    The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.

    These Terms of Use will remain in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

    If we determine or suspect, in our sole discretion, that you are not complying or have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice to you. You will then remain liable for all sums due up to and including the date of termination, whereupon we may deny you access to our Services (or any part thereof).

    18. ENTIRETY OF AGREEMENT

    Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

    These Terms of Use or any other operating policies or rules posted by us on this site or relating to the Platform constitute the entire agreement and understanding between you and us, and govern your use of the Platform. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).

    Any ambiguity in the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.

    19. CHANGES TO THE TERMS OF USE

    The most recent version of the Terms of Use may be viewed at any time on this page.

    We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

    20. CONTACT INFORMATION

    Questions about the Terms of Use should be sent to us at contact@boostyrteam.com.

    21. TERMS OF PAYMENT

    The Postural Auto-Correction program is sold as a Method and requires customers to have a valid subscription. We accept payment by credit cards and Visa and Mastercard debit cards. Your subscription will automatically renew at the end of the subscription period, unless you choose not to automatically renew or cancel. You can update your payment method, manage your subscription or cancel it at any time by visiting the billing page under your user account.

    By purchasing this program, you have agreed to subscribe to our auto-renewal service. This service allows you to keep your products in working order while we automatically bill your pre-registered payment method, without any further action on your part.

    1.a. Account cancellation policy

    Once a user has submitted a cancellation request, they will not be charged any additional fees. However, there is no refund for cancellations. If you cancel before an upcoming renewal date, you will have access to your account until the end of the current subscription term.

    1.b. Cancellation of automatic renewal

    Annual memberships purchased through the Boost Yr Team Store will automatically renew at the end of the term. Your credit card will be charged at the end of each subscription period and a renewal confirmation notice will be sent to the account administrator’s email address. Notifications of upcoming renewals are sent to the account administrator’s email address 30 days and 10 days prior to renewal. If you wish to disable automatic renewal, you can do so at any time from your online account under My Account/Billing.

    1.c. Failed renewal and account suspension

    If your credit card on file is closed or expired, or if for any reason a charge is rejected, you will be asked to update your billing information and provide a new payment method to keep your account active. If the request is denied, your access to the Boostyrteam.com Platform will be suspended until you update your account information and the payment is successfully completed.

    22. LIMITATION OF LIABILITY

    Boost Yr Team is not a law firm and its employees, officers and partners shall not be deemed to have provided legal advice through this website, by email, fax or telephone. Boost Yr Team is not involved in the practice of law or in providing legal advice. BOOST YR TEAM makes no express or implied warranties regarding the legal content of its products. The sample documents contained in the Postural Self-Correction Method are provided “AS IS” AND “AS AVAILABLE” and we make no warranty as to the validity of the content. These sample documents may, depending on your particular situation, not be suitable for your needs or be incomplete. In case of doubt, you should consult a legal advisor in your jurisdiction. In any event, BOOST YR TEAM’s maximum liability arising out of or in connection with the use of our products is limited to the refund of their purchase price.

    You expressly agree that your use of boostyrteam.com is at your own risk. The site is provided “as is” and “as available”. All warranties and conditions of any kind, express or implied, are hereby disclaimed and excluded. We provide boostyrteam.com in a commercially customary manner and do not guarantee that you will be able to access it at the time or from the location of your choice. boostyrteam. com hereby disclaims any and all liability for damages due to any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, alteration, use or unauthorized access to viewer information due to breach of agreement, tortious conduct, negligence, failure or any other cause of action. Our entire liability to you, if any, and your sole remedy with respect to your use of boostyrteam.com shall be limited to discontinuance of use of this site. We shall not be liable to you or any third party for any direct, indirect, special, exemplary or consequential damages, including lost profits, lost business opportunities and personal injury, arising in any way out of your use of boostyrteam. com, including your use of or inability to use boostyrteam.com or to access the internet or any portion of the internet, or your reliance on or use of any information, services or goods provided by or through boostyrteam.com. We shall not be liable for any damages, including special or consequential damages, arising out of or in connection with the use or value of information available on this site or referred to on this site.

    23. INTERNET AND CONTENT OF WWW.BOOSTYRTEAM.COM

    We do not own, operate or administer the Internet. Websites that appear as a result of a search or otherwise link to Boostyrteam.com are constructed by third parties over whom we have no control. We do not review any site before linking to Boostyrteam.com. You acknowledge and agree that we are not responsible for the accuracy or availability of information provided by sites linked to Boostyrteam.com or by the Boostyrteam.com site. Links to external websites are provided solely as a convenience to you and do not constitute an endorsement by us of those sites or the content, products, advertising or other materials presented therein. We make no representation that materials on Boostyrteam.com or any site linked to Boostyrteam.com are (a) accurate or complete, or (b) appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly prohibited. We reserve the right, but not the obligation, in our sole discretion and without notice or liability, to modify, add or remove any content, product, service or web link on Boostyrteam.com.

    24. COPYRIGHTS AND TRADEMARKS

    You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, publish, translate, distribute and sublicense any material or information submitted by you to this site or provided to us, or to incorporate it into other materials in any form, media or technology. Boostyrteam.com contains or references copyrighted material, trademarks, and other proprietary information, including text, software, video, graphics, music, and sound, and the entire content of Boostyrteam.com is copyrighted as a collaborative work under the copyright laws. We own a copyright in the selection, coordination, organization and enhancement of such content, and own or license the copyright in the original content to which such content relates or contains. You may not modify, publish, transmit, participate in the transfer or sale of, create a derivative work from, or in any way exploit any such material or content, in whole or in part. Except as otherwise provided in the Copyright Act, no material or content may be copied, redistributed, retransmitted, published or commercially exploited without our express permission and that of the copyright owner. If permission is granted to copy, redistribute or publish copyrighted material, you may not alter or delete the author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or other name, including those identifying us and related companies or their respective products and services displayed on the site, without our express written consent or the express written consent of those third parties who own such trademarks, logos, and other names displayed on this site.

    25. PRIVACY AND SECURITY

    Our Privacy Policy sets out our obligations with respect to the protection, collection and use of your personal information and we reserve the right to change it at any time. You agree to review this Privacy Policy periodically to be aware of any changes. Your continued access or use of our site will signify your acceptance of our amended privacy policy. Please see our cookie policy for full details.

    26. MONITORING

    You agree that we have the right to monitor Boostyrteam.com electronically from time to time, to disclose any information as necessary to respond to any legal, regulatory, or governmental request, to operate our site properly, or to protect ourselves or our customers. We will not intentionally monitor (except for testing or security purposes) or disclose any private information unless required by law.

    27. INDEMNITIES

    You agree to indemnify and hold us and our related persons and entities harmless from and against all liabilities, costs and expenses, including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or your use of Boostyrteam.com or the Internet.

    28. APPLICABLE LAW

    These terms and conditions shall be governed by the federal laws of Switzerland in force. These Terms and Conditions shall be construed, in all respects, as a contract made in Switzerland. You are subject to other local, cantonal and federal laws and regulations. You hereby irrevocably submit to the exclusive jurisdiction of the Swiss courts for any dispute arising out of or relating to this Agreement and irrevocably waive your right to bring legal action in any other jurisdiction. We reserve the right to take legal action in respect of any dispute that may arise out of this agreement, regardless of the jurisdiction in which your residence, place of work or property is located.

    29. SECURITY

    These terms and conditions are considered “writing” whether or not you choose to print them. For purposes of evidence in legal proceedings, a printed version of these terms and conditions will constitute a true original of the agreement between you and us.

    30. LANGUAGE

    The parties have requested that these Terms and Conditions be drawn up in French.

    31. ACCEPTANCE OF TERMS AND CONDITIONS

    These Terms and Conditions, including all documents referred to herein, constitute the entire agreement between us and you with respect to the subject matter hereof. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If you do not agree to all of these terms and conditions, you must leave Boostyrteam.com and you are prohibited from using or accessing it. REMEMBER: These Terms are a legal document and contain certain limitations and disclaimers. You will be legally bound by all of these terms if you use or access Boostyrteam.com.

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    Legal Notice

    The www.boostyrteam.com website is the exclusive property of Boost Yr Team Sarl.

    ID NUMBER: CHE-139.382.285

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    Director of the publication: Victor Morgado

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    The site is hosted by Infomaniak Rue Eugène-Marziano 25, 1227 Geneva, Switzerland

    Copyright

    This entire site is subject to Swiss and international legislation on copyright and intellectual property.

    All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. The reproduction of all or part of this site on any electronic medium whatsoever is formally forbidden without the express authorisation of the director of the publication.

    The reproduction of texts from this site on paper is strictly forbidden, unless expressly authorised by us.

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