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ADDITIONAL TERMS OF SERVICE FOR OUR SUBSCRIPTIONS

These Additional Terms of Service (“Terms”) apply to all purchasers of packages from Yes2Yoga  [ABN 89676003685 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.

ONLINE SUBSCRIPTION WE WILL PROVIDE

By purchasing our Packages you are entitled to a 12 months subscription which includes access to particular videos in our video library (depending on which package you purchase), and updates via email from Yes2Yoga. You will also receive access to various worksheets and documents. We also offer group classes from time to time.

BEFORE PURCHASE

Things you must do before purchasing a subscription

You must:

  • be authorised by your school to purchase a subscription;
  • provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
  • ensure you have adequate technology set up and internet access make use of the Subscription Services.

Acknowledgements you make when purchasing on our website

Whilst there are many benefits to yoga, like all physical activities yoga involves some risk of injury that are inherent to it “inherent risks”. The inherent risks include:

  • attempting actions or manoeuvres that are beyond a participant’s capacity;
  • falls, collisions with other participants or with stationary objects;
  • erratic or careless behaviour of other participants, supervisory or judgment error by staff.

We endeavour to maintain the safety of our classes by providing instruction and emphasizing safe skill progression.  However, we require your co-operation in maintaining safety by you agreeing to follow all our recommendations.  

In case of an emergency, you are required to administer appropriate emergency first aid, and secure medical care or transportation by qualified and licensed personnel.

You acknowledge and agree that the Subscription Services are voluntary and you and your class and all participants join at your sole risk. You are responsible at all times for the safety and wellbeing of your class and all participants. You understand that there are inherent risks, and appreciate the types of injuries that may occur. You knowingly assume all inherent risks. You warrant that the participants possess a sufficient level of skill and physical fitness for safe participation; have no health problems that would make participation unwise;  will ensure any participants stop immediately if they feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation or feel it is unsafe.

You, and all class participants release us from all Claims, and indemnify us from and against any and all Loss and damage arising out of or in connection with your subscription.  

You acknowledge and agree that:

  • we cannot take into account your particular school goals or objectives when providing our Services; and
  • the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as “health” advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.

You further acknowledge and agree that there may be:

  • occasional errors or omissions in the Subscription Services descriptions, prices, availability and promotions;
  • some Subscription Services are limited to certain regions or groups of people;
  • technical problems downloading or accessing Materials, and there are inherent risks associated with downloading digital products and using online software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Subscription Services.

You also acknowledge that we may make recommendations of suppliers for various products or services during your subscription. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

Payments

The Fee is automatically deducted from your nominated payment method unless you or we cancel your subscription in accordance with the cancellation or termination terms below.
You authorise us to:

  • deduct the  Fee and all other accrued and owing fees from your debit or credit card; and
  • deduct any applicable currency conversion fees or financial service provider fees where relevant.

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.

If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

AFTER PURCHASE

Things you must do after purchasing our Subscription Services

You must:

  • maintain the confidentiality of your login and password for your account;
  • not allow other people to use the Materials or your account;
  • contact us by email at if you have any difficulty accessing or downloading any Materials;
  • not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
  • contact us by email at if you have any issues with the Subscription Services and require a refund;
  • seek our prior written consent before any publication of information about us; and
  • in the case of a dispute keep all communications confidential.

Posting rules

You must not post any of the following, which is determined at our discretion:

  • any inappropriate or offensive, threatening or abusive content;
  • any immoral content, including but not limited to, anything pornographic or obscene;
  • any illegal content, including any content which is defamatory;
  • anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
  • any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.

Acknowledgement you make in relation to live yoga classes

We conduct various live yoga classes as part of your Subscription. We reserve the right to exclude you or any participant from any event if you become disruptive or disrespectful. You acknowledge and agree that we may make recordings of classes. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the classes is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.

You warrant that you have the consent from all participants for us to record and use these recordings.

Things we’d love you to do after purchasing your

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@yes2yoga.com.au.

If you need to cancel your Subscription

If you need to cancel your  please email us at info@yes2yoga.com.au. All our Subscription Services are for the Minimum Period of 12 months and thereafter rollover for a further Period of 12 months. We do not provide any pro rata refunds of Fees.

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our website

Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including availability and promotions;
  • change prices or descriptions of our Subscription Services;
  • discontinue any Subscription Services.

We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Subscription Services are delivered with due care and skill and in a reasonable time.

Except as required by law we do not warrant the quality of the Subscription Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Subscription Services or where you fail to comply with our instructions.

If we need to cancel the Subscription Services we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Subscription Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance we will provide you with a refund.  We will notify you as soon as possible of any changes to the Subscription Services. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and provide Subscription Services at any time

We may refuse to provide our Subscription Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase a subscription. We can also change, suspend or stop providing Subscription Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Subscription Services.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Subscription Services is for the duration of your  only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at info@yes2yoga.com.au to seek consent.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Subscription Services, including, but not limited to, any errors or omissions, price changes or discontinued Subscription Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • the replacement of the Subscription Services or the supply of an equivalent services; or
  • the payment of acquiring an equivalent subscription.

In any case, our liability to you will not exceed the amount of $100.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement or any , including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

 

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement
means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim
means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials
 means any of our materials, and includes all videos, worksheets and documents, and anything provided to you during your subscription.
Fee
means the subscription fee as advertised on our website from time to time.
Period
means 12 months.
Subscription Services
means the package you purchase which is an online subscription to access yoga videos and other Materials, and various live classes.
Minimum Term
means the minimum term of your subscription before you can cancel which is a period of 12 months.
We, us, or o
ur means Jacklyn Mahony t/as Yes2Yoga [ABN 89676003685 ] and includes any of our employees, agents, partners, contractors.
Website and services
means yes2yoga.com.au, and everything available on this website including, but not limited to, all Subscription Services.