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Terms

BOTH YOGA – TERMS & CONDITIONS

 

  1. INTRODUCTION

 

    1. Welcome to the Both Yoga website located at www.bothyoga.com (“Both Yoga”) which is owned and operated by Breath Of The Heart Pty Ltd (ACN 646 137 279) (“Company”, “Us”, “We”, “Our”).

 

    1. Please read these Terms & Conditions carefully. By accessing and using Both Yoga, you become user of Both Yoga (“User”, “you”, “your) and you agree to be bound by these Terms & Conditions and our Privacy Policy located at https://www.bothyoga.com/pages/privacy-policy . These Terms & Conditions constitute a legally binding agreement between you and the Company (“Agreement”).

 

    1. The Company reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via Both Yoga, without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use Both Yoga.

 

  1. DEFINITIONS

 

    1. For the purpose of these Terms & Conditions the following definitions apply:

 

“Account” means an account registered with Both Yoga in accordance with Clause 3.3;

“Agreement” has the meaning set out in Clause 1.2;

“Checkout” means the process set out in Clause 4.1;

“Company”, “Us”, “We”, “Our” has the meaning set out in Clause 1.1;

“Company Materials” has the meaning set out in Clause 10.1;

“Data” means any data or information inputted by a User into Both Yoga;

“Fee” means the fees payable by a User to the Company in order to purchase a Subscription / Course Package (as defined herein);

“Member” means a User that has purchased a Subscription / Course Package (as defined herein) and created an Account as set out in Clause 3.2;

“Services” mean the services, materials and resources offered by the Company via Both Yoga as set out in Clause 4.1;

“Subscription / Course Package” means a subscription package that determines the particular Services made available to a Member via Both Yoga as set out in Clause 3.4; and

“User”, “you”, “your” has the meaning set out in Clause 1.2.

 

  1. ACCOUNT, SUBSCRIPTION PACKAGE & CHECKOUT

 

    1. Both Yoga is an online platform based in Australia that offers its Members online yoga and breathing related Services (as described in Clause 4.1 below).

 

    1. In order to become a “Member” and access our Services, you must purchase a Subscription / Course Package and create an Account via Both Yoga.

 

    1. You may create an Account at any time while using Both Yoga or during Checkout. You are solely responsible for maintaining the confidentiality of your Account and Account password.

 

    1. A “Subscription / Course Package” listed on Both Yoga will specify the number and type of Services available, the Fee payable (where applicable) and any other relevant information in connection with that particular Subscription / Course Package.

 

    1. In order to purchase a Subscription / Course Package, you must complete the “Checkout” process whereby you must:
  1. enrol by entering your details or logging into your Account;
  2. select your payment terms for the Fee and submit the Fees listed payable via Stripe or PayPal (where applicable); and
  3. read and agree to the Contra Indications provided to you (where applicable).

 

    1. Once Checkout is complete and the full Fees have been received by the Company, the Services shall be made available via your Account in accordance with your purchased Subscription / Course Package.

 

    1. The Company reserves the right to change or cancel any of the Subscription / Course Packages offered, including but not limited to the applicable Fee and Services offered.

 

    1. Both Yoga and our Services are delivered by Kajabi. By using Both Yoga, the User is also bound by Kajabi’s Terms of Service which can be read here: https://kajabi.com/policies/terms.

 

  1. SERVICES & MEMBER CONDUCT

 

    1. The “Services” offered shall include:
  1. scheduled live online classes;
  2. on-demand video tutorials;
  3. teacher training courses;
  4. a private community for Members to connect together in; and/or
  5. other relevant materials and resources.

 

    1. While using the Services, a Member must not:
  1. unreasonably prolong any of the Services;
  2. act in a manner that disrupts, disrespects, insults or hinders the enjoyment of any other Members or instructors of any of the Services;
  3. allow or enable any other person to join or participate in any of the Services; and/or
  4. live stream, record, broadcast, photograph, video/audio record or otherwise distribute any of the Services, except where permitted by the Company.

 

    1. The Company reserves the right to change or cancel (in whole or in part) the Services, including but not limited to its instructors or scheduling of online classes. In the event of such changes or cancellations under this Clause, the Company shall give reasonable notice to its Members and endeavour to deliver replacement Services of a similar type and quality.

 

    1. For the avoidance of doubt, the Company shall not be liable for any loss or damage resulting from any changes to or cancellations of the Services.

 

  1. FEES & PAYMENT

 

    1. The Fees may be paid via PayPal or Stripe. The Company is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.

 

    1. If the Fees are paid via PayPal, such payment is subject to PayPal’s User Agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU.

 

    1. If the Fees are paid via Stripe, such payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal.

 

    1. In the event that the Company does not receive the applicable Fee in full and on time, the Company may cancel a Member’s Subscription / Course Package and makes no guarantee that such Subscription / Course Package will be available to that Member at a later date. 

 

  1. CANCELLATIONS

 

    1. You may, in accordance with the Company’s cancellation policy [insert link to cancellation policy], cancel your Subscription / Course Package via your Account or by contacting the Company in writing at [email protected].

 

    1. In the event that you cancel one of our “Teacher Training” Subscription / Course Packages (in whole or in part), you will be liable to pay a cancellation fee of AUD$100, and where such cancellation is made:
  1. With more than 35 days prior to the start of the applicable Teacher Training, you will no longer be liable to pay the Fee;
  2. Within 21-35 days prior to the start of the applicable Teacher Training, you will be liable to pay 50% of the Fee;
  3. Within 15-20 days prior to the start of the applicable Teacher Training, you will be liable to pay 75% of the Fee; or
  4. Within 1-14 days prior to the start of the applicable Teacher Training or where such Teacher Training has commenced, you will be liable to pay 100% of the Fee in acknowledgement that the Company will not be in the position to replace you. 

 

    1. You agree that for cancellations made under Clause 6.2:
  1. You are liable to pay any monies owing to the Company regardless of your original payment terms selected;
  2. The Company shall return any monies payable to you (where applicable) only after deduction of the cancellation fee; and
  3. To the fullest extent permitted by law, any monies retained by or paid to the Company thereafter is non-refundable and non-transferable.

 

  1. TERMINATION & SUSPENSION

 

    1. If the Company determines that an Account holder is in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate the Account and refuse any and all current or future use of the Account and the Services. Such termination shall not release an Account holder of any obligations existing at the time their Account is terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

 

    1. An Account holder has the right to terminate or suspend their Account via their Account’s page or by contacting the Company.

 

    1. If an Account is terminated, suspended or otherwise limited, all Services associated with that Account will no longer be available to that Member.   

 

    1. The following sections of these Terms & Conditions will survive termination: Fees & Payment; Termination & Suspension; Waiver; User Warranties; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

 

  1. WAIVER

 

    1. A User acknowledges that by using the Services, they are undertaking breathwork which may be physically demanding. The User agrees that their uses of the Services is at their own risk and they assume full responsibility of any risks, loss, injury or death that occurs or may occur from using the Services.

 

    1. For the avoidance of doubt, the Company and any of its directors, agents, employees, contractors, or representatives are not liable (directly or indirectly) for any emotional or physical loss, damage, injury, death, distress and/or physical harm that may occur in connection with the Services. 

 

    1. By using the Services, a User warrants to the Company that they do not have any medical ailments, physical limitations (including pregnancy) or mental disabilities or impairments that may cause them any detriment in using the Services. It is the User’s responsibility to determine whether their use of the Services is appropriate in accordance with the Contra Indications provided during Checkout and to seek proper medical advice prior to using the Services if they are in any doubt as whether they are safely able or suitable to use the Services.

 

  1. USER WARRANTIES

 

    1. As a User, you must not (and must not allow any third party to):
  1. use Both Yoga in any manner that could damage, disable, overburden or impair Both Yoga;
  2. attempt to gain unauthorised access to any parts of Both Yoga;
  3. interfere or attempt to interfere with the proper working of Both Yoga’s software;
  4. use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Company;
  5. analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of Both Yoga;
  6. transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of Both Yoga; and/or
  7. use Both Yoga or agree to these Terms & Conditions on behalf of another person or entity including but not limited to a company or other organisation, unless you have the power and authority to bind such person or entity to the terms of this Agreement.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

    1. Except for third party data (including Kajabi’s data) or otherwise stated, all other aspects of Both Yoga including the Services are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of Both Yoga and the Services (“Company Materials”).

 

    1. All rights are reserved. No Company Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of the Company.

 

    1. In uploading Data, the User grants the Company the irrevocable, non-exclusive right to store, use, display, promote and/or provide access to the Data (including any intellectual property rights) on Both Yoga.

 

  1. INDEMNITY

 

    1. A User hereby indemnifies the Company and its instructors, officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any Data imported into Both Yoga, the access and use of Both Yoga, and/or any breach or alleged breach of this Agreement by the User.

 

    1. Should the Company, in its sole discretion, determine that the User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

 

  1. NO WARRANTIES AND LIMITATION OF LIABILITY

 

    1. The Company makes no warranty that any use of Services will improve, change or impact a Member’s mental or physical health.

 

    1. Both Yoga is provided on an "as is" basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of Both Yoga for a particular use, accessibility or warranties that access to or use of Both Yoga will be uninterrupted or error-free. The Company does not represent that Both Yoga will be secure or free of viruses or other harmful material or elements, or that any Company Materials (or other information contained on Both Yoga) will be correct, accurate, timely or complete.

 

    1. The Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with Both Yoga, including but not limited to any loss or damage arising from the lack of access to any Service, Account and/or other Data provided to the Company, the termination or suspension of the Account, any errors made in Checkout and/or any information provided to any User by one of Both Yoga’s teachers or instructors.

 

  1. ASSIGNMENT

 

    1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.

 

  1. GOVERNING LAW AND JURISDICTION

 

    1. These Terms & Conditions and the access and use of Both Yoga shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using Both Yoga, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of Both Yoga shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using Both Yoga, the User hereby submit to the jurisdiction of such courts for such purposes.

 

    1. Users are solely responsible for compliance with any applicable laws of the country from which they access Both Yoga.

 

  1. GST

 

    1. All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated.

 

  1. ENTIRE AGREEMENT

 

    1. This Agreement shall constitute the entire agreement and understanding between the User and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of User and the Company with respect thereto.

 

    1. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.