In these terms and conditions, “we” “us” and “our” refers to YOGAHOLICS Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
5. You may access the Website as available; for your information and personal use, as intended through the normal functionality of the Service and for streaming. Accessing Website videos for any purpose or in any manner other than streaming is expressly prohibited.
OUR WEBSITE SERVICES
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
8. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
9. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
TERMINATION OR SUSPENSION OF ACCOUNT
10. You agree that YOGAHOLICS Pty Ltd may at any time and for any reason, including a period of account inactivity, terminate your access to YOGAHOLICS Pty Ltd Services, or restrict or suspend your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
12. When you visit our website, we give you a limited licence to access and use our information for personal use.
13. You are not permitted to download copies of the video content on this website. You are permitted to download copies of the written information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
14. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
15. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
16. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
17. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
INTELLECTUAL PROPERTY RIGHTS
18. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
19. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
20.The Services may not be used in connection with any commercial purposes, except as specifically approved by YOGAHOLICS. Unauthorised framing of or linking to any of the Website is prohibited and may result in termination of membership privileges.
21. Physical exercise, in all forms and with or without the use of any equipment that may be suggested by a YOGAHOLICS teacher, is a strenuous physical activity. Accordingly, you should always seek the advice of your physician or other qualified health provider with any questions you may have before you start any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the website.
22. YOGAHOLICS is not a medical organisation and its teachers cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are exactly that, suggestions, you are not obliged to do anything and the actions that you carry out are undertaken at your election while viewing YOGAHOLICS videos. Nothing contained in this website should be construed as any form of such medical advice or diagnosis.
23. As a member of YOGAHOLICS you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities, and to ensure that when participating in any content from YOGAHOLICS, that you will not exceed your limits. You acknowledge that you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time the teachers may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if this is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against YOGAHOLICS, or any person or entity involved with YOGAHOLICS.
DISCLAIMER OF WARRANTIES
24. You agree that your use of the Website shall be at your sole risk. The Website and the Materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Power Living Australia, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
25. YOGAHOLICS makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility for any:
a) errors, mistakes, or inaccuracies of content;
b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
c) any unauthorised access to or use of Power Living Australia secure servers and/or any and all personal information and/or financial information stored therein;
d) any interruption or cessation of transmission to or from the Website;
e) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; and
f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
26. YOGAHOLICS does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising and YOGAHOLICS will not be a party to or in any way be responsible for monitoring any transaction between You and any third party providers of products or services.
27. As with the purchase of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
28. To the fullest extent permitted by law including, but not limited to, the Australian Consumer Law, in no event shall YOGAHOLICS, its officers, directors, employees or agent, be liable to you for any direct, indirect, incidental or consequential damages and YOGAHOLICS, to the fullest extent permitted, excludes and restricts the application of all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and the exercise of any right conferred by any such provision.
29. You specifically acknowledge that YOGAHOLICS shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
33. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
34. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
35. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
36. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
40. Members of YOGAHOLICS may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins via multiple IP addresses by any Member may be construed by YOGAHOLICS as fraudulent use of the Website, which may result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
41. Fraudulent Use – YOGAHOLICS reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
42. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
43. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.