1. GENERAL PROVISIONS
1.1. SCOPE OF THE GENERAL TERMS AND SUBJECT MATTER OF THE CONTRACT

These General Conditions (hereinafter: “GC”) apply to all contracts between Maloha LTD and its customers for the use of the Maloha LTD service (hereinafter also: “Service”) via the website

www.kitesurffitness.com

and/or the associated Kitesurffitness web-APP (for iOS and Android operating systems).

The subject matter of the contract is the provision of fitness and sports video courses via the Service by Maloha LTD for use of the Service by you based on the terms and conditions set out in the following GC.

1.2. PROVIDER / CONTRACTUAL PARTNER

To the extent not provided otherwise, the provider of the Service and your contractual partner is

MALOHA LTD.

Limnaria 1,
Westpark Village, Shop 20

8042 Paphos, Cyprus

1.3. AGE RESTRICTION

Persons under the age of 18 cannot conclude a contract for the use of the Service with Maloha LTD.
In the case of minors younger than the age of 18, a contract
with
Maloha LTD
may only be concluded for the use of the service with the consent of their legal guardian.

1.4. CONTRACT LANGUAGE

The contract language is English.

2. CONCLUSION OF CONTRACT AND CONTRACTUAL RELATIONSHIPS

2.1 The prerequisite for using Maloha LTD's services (paid usage packages and/or free trial offers or other services) is the User's registration by Maloha LTD. Maloha LTD may offer free trials ofMaloha LTD's content and/or services during a trial period either independently after free registration or in connection with the conclusion of a contract for a paid usage package. Notwithstanding any agreements to the contrary, there is no entitlement to a free trial.

2.2 The contract is concluded upon Maloha LTD's confirmation of the User's registration ("Registration") or Maloha LTD's acceptance of the User's order. Maloha LTD may also confirm the registration or accept the User's order by activating the respective offer. Maloha LTD confirms the order of a paid usage package in accordance with the legal provisions; this order confirmation does not constitute acceptance of the order.

2.3 Maloha LTD does not store the terms of the contract for the User, notwithstanding the fulfillment of the statutory information obligations.

2.4 Maloha LTD reserves the right to amend these GC with effect for existing contractual relationships even after conclusion of the contract, provided that this appears necessary to protect the legitimate interests of Maloha LTD, is not unreasonable for users, and does not disadvantage them contrary to good faith. Maloha LTD considers changes to be reasonable that (i) are merely beneficial to the user, (ii) are necessary due to purely technical changes, (iii) are necessary due to a change in applicable laws, (iv) we have to make due to a court ruling or an official decision against us, or (v) insofar as we introduce additional services, services or service elements that require a service description in the GC.

Any change that would lead to a change in the character of the main contractual service owed by us that would be detrimental to the user is expressly excluded from the above right to make changes.

To this end, Maloha LTD will inform users of the changes in text form at least six weeks before the new terms come into effect. Users have the option to object to the changes. In this case, both parties have an extraordinary right of termination. If no objection is made, the changes will be deemed approved six weeks after receipt of the notification. Maloha LTD will inform users in the notification of the right to object and the effect of silence.

3. INTELLECTUAL PROPERTY

3.1 For the term of the contract, Maloha LTD grants to you a non-exclusive right (simple license) to receive, access and play the video courses included within the Program in any desired sequence and any number of times.

3.2 You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the content made available on our site shall remain at all times vested in us. You are permitted to use this material only as expressly authorized by us.

3.3 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for that purpose. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You also agree not to assist or facilitate any third party in violating our intellectual property rights via aforementioned prohibited activities.

4. HEALTH NOTICES

4.1 The information and instructions included in the video courses on our site cannot replace individualized advice by a fitness trainer and/or medical advice from a doctor.

4.2 You are responsible for checking your own physical and health fitness for the selected online courses, as well as the physical exercises contained therein. In each case, it will be your responsibility to realistically define and assess your abilities and condition, and whether the exercises are suitable for your physical condition and level of skill. If you feel discomfort or pain when performing an exercise, you should pause or discontinue the course. Care should be taken to stay properly hydrated throughout the exercises.

4.3 In case of physical pain, health limitations, illness or pregnancy, Maloha LTD recommends consulting a doctor before participating in the online courses to carefully discuss whether your specific physical or health condition would contradict participation in the respective online courses.
In particular, if you suffer from any of the limitations listed in the following (non-exclusive) list, we advise you to consult a doctor and, if appropriate, forego participation in exercises recommended in Maloha LTD’s online courses:

·
Recent heart attack or stroke

·
Congenital or acquired heart defects and/or damage, such as cardiac arrhythmia that appear or worsen under stress

·
If you have a pacemaker

·
Current surgical wounds

·
Infections of any type

·
Recent injuries or broken bones

·
Acute herniated disk

·
Acute joint pain

·
Acute thrombosis

·
Acute orthopedic pain

·
Osteoporosis (e.g. extreme spinal condition)

·
Pregnancy

·
Uterus prolapse or diagnosed incontinence

·
Acute infections or colds

·
Discomfort or full stomach

If you are
a legal guardian and enable your child to participate in a class, you need to take the above information into account.

5. LIABILITY AND INDEMNITY

5.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

5.2 Subject to Section 5.1 above, Maloha LTD will use reasonable endeavors to verify the accuracy of any information presented on the site but makes no representation or warranty of any kind express or implied, statutory or otherwise, regarding the contents of this site. Maloha LTD accepts no liability of any kind for any loss or damage from action taken or not taken in reliance on material or information contained on the site.

5.3 You shall use your judgment, caution, and customary sense in evaluating any information provided by us or any third party.

5.4 Subject to Section 5.1 above, other than as expressly provided in these terms and conditions with respect to our products and services, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

5.5 Subject to Section 5.1 above, Maloha LTD will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

· loss of goodwill or reputation; or

· special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

5.6 Notwithstanding the above, subject to Section 5.1 Maloha LTD’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) or services in respect of one incident or series of incidents attributable to the same clause.

5.7 This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

6. TERMS OF PAYMENT, DEFAULT, SET-OFF AND RIGHT OF RETENTION

6.1 All agreed remunerations are inclusive of statutory value added tax. Shipping costs do not apply. Maloha LTD is entitled to transmit electronic invoices.

6.2 If a total payment for a certain period has been agreed upon, the total amount is due at the beginning of the period, unless otherwise agreed upon. Otherwise, agreed fees are due immediately, unless otherwise agreed.

6.3 Only the agreed means of payment shall be permitted for payment. By agreeing to direct debit, the User authorizes Maloha LTD to collect payments owed by him via the User's specified account.

6.4 The user has a right of set-off only if his counterclaim against Maloha LTD is legally established, undisputed or acknowledged. The user has a right of retention only if and to the extent that his counterclaim is based on the same contractual relationship.

6.5 If the user fails to meet a due payment obligation to Maloha LTD without justification, Maloha LTD is entitled, after prior warning and without prejudice to further legal and contractual rights, to temporarily block the user's access until the owed payment has been received. In this case, the term of the contract remains unaffected by the temporary blocking.

5.6 In accordance with the statutory provisions, the user shall compensate Maloha LTD for any damages and necessary expenses (e.g. return debit note costs) incurred by Maloha LTD as a result of the user's failure to pay or late payment or other disruptions of payment by the user (e.g. lack of account coverage in the case of a direct debit mandate in breach of duty), unless the user is not responsible for such disruptions.

7. FINAL PROVISIONS, MISCELLANEOUS

7.1 There are no verbal or written collateral agreements.

7.2 Should individual provisions of these General Terms and Conditions or of the concluded contract be or become invalid in whole or in part, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.

7.3 Cyprus law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

7.4 The agreed place of jurisdiction for all disputes arising from the contractual relationship between the User and Maloha LTD shall be the registered office of Maloha LTD, provided the User is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding the foregoing, Maloha LTD shall also be entitled to sue the user at the user's statutory place of jurisdiction.

7.5 In case of complaints about Maloha LTD, the User may at any time contact the European platform for online dispute resolution in consumer matters:

https://ec.europa.eu/consumers/odr/

.

7.6 Maloha LTD is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

END OF TERMS AND CONDITIONS -

Cancellation policy

If you are a consumer, you have a right of withdrawal as follows:

Right of withdrawal

You have the right to cancel this contract within 30 days without giving any reason.

The right of withdrawal is 30 days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Maloha LTD,Limnaria 1, Westpark Village, Shop 20, 8042 Paphos, Cyprus, e-mail:

info@kitesurffitness.com

) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, or e-mail).

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees in this repayment.