ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE APP KNOWN AS “ONLINE YOGA TEACHING” (“App”) OR THE SITE AT www.onlineyogateaching.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE APP OR THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED — USER AGREEMENT (“Agreement”).
1. Contracting parties. The App and the Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Yoga Stuff LLC, a company incorporated in Hawaii and trading from [CAT TO CONFIRM NON-RESIDENTIAL ADDRESS TO BE ENTERED HERE] Hawaii 96779 USA. Yoga Stuff LLC is referred to in these terms and conditions as “we”, “us”, “our” or “OnlineYogaTeaching”. When you register with (or otherwise access) the App or the Site, you are contracting with OnlineYogaTeaching. You must be 18 years of age or older to register or use the services available via the Site. By continuing to use such services, you are warranting that you are at least 18 years old and you have the authority to enter into this Agreement.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the App, the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the App or the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the App, the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via [email protected] and we will close your account as quickly as possible. Please note that you will be responsible to OnlineYogaTeaching and to others for all activity that occurs under your registration account.
4. Use of the Services. Use of the App and the Site is limited to personal, non-commercial purposes only. Payments for such purchases are non-refundable. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the App and/or the Site. Excessive use or abuse of our network resources by one User may have a negative impact on other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the App and/or the Site, or limit the amount of storage space, bandwidth, or other resources you may use. We further reserve the right to terminate any User account with no prior notice to you, including the deletion of any content associated therewith, if the account has been inactive for a twelve (12) month period.
5. Not Medical Care. OnlineYogaTeaching is not a substitute for medical care or medical advice from your doctor or health care provider and we offer no health warranties or guarantees of any kind. You should consult with your doctor or health care provider in relation to any and all questions or concerns you may have regarding any health condition that you may have before starting any program or exercise offered via the Site.
6. Health Disclaimer. If you have any concerns about your physical health, you should seek advice from your doctor or health care provider before beginning any program or routine suggested or available via the Site. OnlineYogaTeaching is not a medical organization and its instructors or staff cannot provide medical advice or diagnosis. You acknowledge and agree that all programs and regimens are carried out at your election and at your own risk. Nothing within the Site is intended, or should be construed, as any form of such medical advice or diagnosis. By using the Site, you agree, warrant and represent that you understand that physical exercise involves strenuous physical activity and that such activity may carry a risk of injury, and that it is your responsibility to assess your physical and mental capability for such activities. It is your responsibility to ensure that by participating in activities made available via this Site, you will not exceed your limits while performing such activity and that you will select an appropriate level of difficulty for your own personal skill and ability and condition. You hereby expressly waive and release any claim that you may have at any time for injury of any kind against OnlineYogaTeaching, or any person or entity involved with OnlineYogaTeaching, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
7. Content. The App, the Site and the Content are intended only for the purposes specified or implied therein, and your use of the App, the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. OnlineYogaTeaching, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the App, the Site and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the App, the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out within the App, the Site and the Content (or under UK or local law). The App, the Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
8. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the App or the Site, please immediately report such material (and the specific page on which it is found) to [email protected]. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
9. Prices and Payment. Price and availability of any Products are subject to change without notice, and our current prices can be found on the App and/or the Site. All prices are in US dollars. Prices do not include any import duties that may be added by authorities in the destination country. Prices (and any delivery costs) are as set out on the relevant pages of the App and/or the Site. We may change the prices at any time by posting new prices on the App and/or the Site. All prices are inclusive of sales tax and/or VAT unless otherwise stated. Please note that downloadable Products may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.
10. Credit Cards. Payments hereunder must be by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard, Maestro and American Express. All orders placed are charged for immediately at the time of ordering. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If your card issuer refuses to authorize payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. Customer credit notes issued by us can only be used for purchasing items on the App and/or the Site. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
11. Acceptance. By placing any order for products or services via the App and/or the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement.
12. Refunds. Due to the nature of downloadable products and online services, any refunds made are at the sole discretion of OnlineYogaTeaching. Nothing herein affects your statutory rights.
13. Liability. You agree that the liability of OnlineYogaTeaching to you hereunder shall be limited to the amount you have actually paid to OnlineYogaTeaching for its products or services hereunder of, if greater, US$100. Except as set out herein, OnlineYogaTeaching shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the App, the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of OnlineYogaTeaching.
14. Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL OnlineYogaTeaching PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OnlineYogaTeaching, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE — USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE APP OR THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE — USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
15. Indemnity. You agree to indemnify OnlineYogaTeaching for any loss or damage that may be incurred by OnlineYogaTeaching, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the App, the Site and/or the Content. You further undertake to indemnify OnlineYogaTeaching for all loss or damage incurred by OnlineYogaTeaching in relation to any third party claim against OnlineYogaTeaching for infringement of intellectual property rights arising in relation to your provision of materials to the App, the Site and/or the Content.
16. Termination of this Agreement. OnlineYogaTeaching may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
17. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the App or the Site, or if you have any other complaint about the App, the Site or any Content or other posted materials, please contact us via [email protected]. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via [email protected] (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).
18. Trade Marks. The brands, products and service names used in the App, the Site and/or the Content (including without limitation, ” YogaStuff” and “OnlineYogaTeaching”) are trademarks or trade names of OnlineYogaTeaching or its trading partners unless otherwise stated.
19. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the App, the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. OnlineYogaTeaching will cooperate with the authorities in prosecuting any User who Interferes with the App, the Site or the Content or otherwise attempts to defraud or any other parties through your use of the App, the Site or the Content or any services provided hereunder. OnlineYogaTeaching reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site and/or the App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
20. No Partnership. Your use of the App, the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
21. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
22. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
23. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
24. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
25. Variation. This Agreement may be varied from time to time by our posting new terms on the the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
26. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
27. Contacting Us. If you have any questions, please contact us at the following address: Online YogaTeaching, Sprecks, Paia, Hawaii 96779 USA, or email us via [email protected].