Yoga Terms and conditions

Website Terms of Use

Welcome to the Yoga ConceptsTM Website.

If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Yoga Concepts relationship with you in relation to this Website.

The use of any purchasable downloadable Subscription content is subject to separate Subscription Terms and Conditions which you will be required to agree to if you decide to purchase a Subscription to the content on this Website.

The term “Yoga Concepts” or “us” or “we” or “our” refers to the owner of the website whose registered office is 1/458 Bridge Road, Richmond, Victoria, Australia 3121. Our Victorian business registration number is VIC B1618129D and our Australian Business Number is 95 578 688 994. The term “you” refers to the user of viewer of our website.
Your use of this Website is subject to the following terms of use:-

The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these Terms of Use.
All trademarks reproduced in this Website, which are not the property of, or licensed to Yoga Concepts, are acknowledged on the Website.
Unauthorised use of this Website may give to a claim for damages and/or be a criminal offence.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may create a link to this website from another website or document without our prior written consent, provided that you do not substantially reproduce any of the content on this Website, suggest in any way that we are associated with or approve of your website or organisation or create in a link in a manner which is otherwise unlawful or breaches our legal rights.

Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of the State of Victoria, Australia and the Commonwealth of Australia.

Product Terms and Conditions

Welcome to Yoga Concepts.TM

These terms and conditions relate to the Yoga Concepts Product(s)(non-Subscription Service) which you are agreeing to purchase from us. Please read these terms and conditions, which together with our Privacy Policy govern your purchase of a Yoga Concepts Product (“conditions”).

1. Your Acceptance

1.1 By clicking on the “I have read and accept these Product Terms and Conditions” button you are entering into a legally binding contract with Yoga Concepts to purchase a Product. This contract is conditional on payment being authorised by your credit/debit card authoriser. If you do not accept these conditions you should not click on the button.

1.2 The term “Yoga Concepts” or “us” or “we” or “our” refers to the owner of this Website whose registered office is 1/458 Bridge Road, Richmond, Victoria, Australia 3121. Our business registration number is VIC B1618129D and our Australian Business Number is 95 578 688 994. The term “you” refers to the purchaser of the Product.

1.3 You must be 16 years or older to agree to purchase a Product. If you are under 16 years old you will need to provide the written consent of your parent or guardian. You will need to have them contact us to give this consent.

2. Changes to Conditions

2.2 If there is anything you do not understand in these conditions, please feel free to email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or phone us on (+0011 61) 03 9429 8697.

3. The Product

The “Product” is the item (but not Subscription Service) that you have decided to purchase as described on this Website and selected by you.

4. Price

Except in the clear case of error, the prices payable for the Product that you order are as set out on this Website at the time when you place your order. All our prices are inclusive of tax at the rates in force from time to time.

5. Payment

- We accept the following methods of payment for a Product:-

Visa and MasterCard credit card; and

Visa and MasterCard debit card.

5.2 Payment will be charged to your card upon placement of your Order.

5.3 Payment will be processed using the services of the Australia and New Zealand Banking Group Limited on a secure website linked to this Website.

5.4 You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.

5.5 Yoga Concepts reserves the right to refuse credit/debit card payments in our reasonable discretion. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

6. Delivery

6.1 Subject to your bank/card issuer validating and authorising your purchase we will post the Product that you have ordered to you within 3 working days of the placement of your order. Delivery costs are included in the final price you have agreed to pay.

6.2 The Product will be posted by ordinary post to the physical address that you provided to us in your order form.

7. Customer Service and Technical Support

7.1 You can contact us to discuss your Product purchase or for any other reason by emailing to Yoga Concepts as described below or going to the “Contact Us” section of this Website.

7.2 If you are experiencing technical problems you should contact our Website manager by emailing to [ email address ]. If our Website manager is unable to resolve your problem or does not respond promptly to you then you should contact Yoga Concepts directly.

8.3 In either case, please be ready to provide your order ID, e-mail, Product details which will be required in order to identify your purchase order.

9. Your Use of any Digital Product

9.1 The contents of any Product that comprises or contains a DVD or CD are subject to copyright of Yoga Concepts and the name and logo of Yoga ConceptsTM and The Knowing FlowTM are trade marks owned by us. You are only entitled to receive and use one copy of the DVD or CD and we do not grant you any other right to use the DVD or CD.

9.2 You agree that you will:-

use the DVD or CD for your information and personal use only and use the DVD for non-commercial purposes only without making any gain and that you will not permit any other person to use the DVD or CD. (This includes, without limitation, that you must not charge for viewing the DVD or CD and that you cannot use the DVD or CD to attract others to buy goods or services from you or anyone else);

not copy, record or store all or any part of the DVD or CD (other than on a purely transitory basis to permit you to view it or divert, re-transmit or other distribute all or any part of the DVD or CD to any person, or authorise, enable or procure any other person to do any of the above;

not alter, disassemble, decompile or reverse engineer any part of the DVD or CD or remove any copyright or trade mark notice from any materials contained the DVD or CD; and

not view the DVD or CD in circumstances where members of the public can view it simultaneously or authorise, enable or procure any other person to do so.

10. Data Security and Privacy

10.1 Your credit/ debit card details will not be stored on our servers.

10.2 The information and data (“personal information”) which is provided by you in connection with ordering a Product will be held on Yoga Concepts servers and manual records and will be used by used by Yoga Concepts. These servers are operated by a third party IT contractor.

10.3 By placing an order with Yoga Concepts you understand that Yoga Concepts may use and disclose your personal information:-

for the purposes of enabling us to deliver the Product to you and to allow you to access this Website;

to enable us to offer and provide you with the products and services available on this Website or via Yoga Concepts business; and

for any of the purposes set out in Yoga Concepts Privacy Policy which is available by clicking the link on this Website.

10.4 Though we make every effort to preserve your online privacy and the security of data we remind you that submitting information over the internet is inherently risky. If you are not prepared to assume this risk, then we suggest that you contact us by telephone or post (refer to the “Contact Us” section).

11. Health Warning

You acknowledge and agree that, to the extent that the Product contains materials that demonstrate and explain a program of exercise, that not all exercises are suitable for every person. For this reason we recommend that you seek the advice of a qualified doctor before commencing any program of exercise. We also recommend that should stop any exercise and seek medical advice if at any time you are experiencing any unexpected, strain, pain or other discomfort.

12. Disclaimer and Refund

Disclaimer

12.1 We do not warrant or guarantee or make any representation that:-

this Website, or the server that makes the site available on the World Wide Web are free of software viruses;

the functions contained in any software contained in the Product or this Website will operate uninterrupted or are error-free; or

that any program of exercise contained in the Product is or will be suitable for your purposes, without appropriate modification.

12.2 To the fullest extent permitted by law, we are not liable to you for:-

errors or omissions in the Product or this Website;

delays to, interruptions of or cessation of services provided in this Website arising from causes beyond our reasonable control;

defamatory, offensive or illegal conduct of any user of this Website;

any special, indirect or consequential loss or damage which you may sustain howsoever arising; or

damage to person or property howsoever arising, whether in tort or contract, whether caused by us, our employees, agents or contractors, or through any other cause but excluding any act of gross or deliberate negligence and to the fullest extent permitted by law you release Yoga Concepts in relation to any cause of action, claim, demand, right, damage, loss expense or compensation of nature whatsoever that you may have or in the future might have in respect to the foregoing in relation to the Product, the use of the materials comprised in the Product or this Website.

12.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or using the Product.

Refund

12.4 If for a reason beyond our control your Product does not work properly then you should contact us with details and reasonable proof of the Product is not working and return the suspect Product to us, at your cost. If we are reasonably satisfied that the Product is defective we will replace the Product at no additional cost to you.

13. Limited Liability

13.1 Any conditions or warranties that may be implied into these terms and conditions by any law for your benefit that can lawfully be excluded are agreed to be excluded to the extent permitted by law.

13.2 In the event that we are found liable for breach of any implied warranty or condition that cannot be excluded by law, then our liability is limited, at our choice, to one of the following:-

the supply of the Product again; or

the payment of the cost of having the Product supplied again, and in no circumstances whatsoever will our liability exceed the actual amount that you have paid to us for the Product.

14. Waiver

No waiver by Yoga Concepts shall be construed as a waiver of any rights or remedies or any subsequent breach of these conditions.

15. Assignment

These conditions and any rights to use the Product may not be transmitted or assigned by you but may be assigned by Yoga Concepts without restriction.

16. Whole Agreement

16.1 These conditions, the current Product prices and our Privacy Policy set out the whole agreement between Yoga Concepts and you in relation to the Product. These conditions cannot be changed or terminated verbally and subject to the above conditions which permit some changes, no other changes or amendments to these conditions shall be binding on either of us until confirmed in writing by Yoga Concepts.

16.2 Yoga Concepts employees, agents and contractors including its IT support staff are not authorised to make any representations concerning the Product or this Website unless confirmed in writing by Yoga Concepts. You confirm that you do not rely on, and waive any claims for breach of any such representations that are not so confirmed.

17. Governing Law

The sale and supply of the Product, use of this Website and these conditions are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the Courts in those jurisdictions.

Booking Terms and Conditions

Welcome to Yoga Concepts.TM

These terms and conditions relate to the Yoga Concepts Booking which you are agreeing to make with us us. Please read these terms and conditions, which together with our Privacy Policy govern your Yoga Concepts Booking (“conditions”).

1. Your Acceptance

1.1 By clicking on the “I have read and accept these Booking Terms and Conditions” button you are entering into a legally binding contract with Yoga Concepts to make a Booking. This contract is conditional on payment being authorised by your credit/debit card authoriser. If you do not accept these conditions you should not click on the button.
1.2 The term “Yoga Concepts” or “us” or “we” or “our” refers to the owner of this Website whose registered office is 1/458 Bridge Road, Richmond, Victoria, Australia 3121. Our business registration number is VIC B1618129D and our Australian Business Number is 95 578 688 994. The term “you” refers to the purchaser of the Product.
1.3 You must be 16 years or older to agree to make a Booking. If you are under 16 years old you will need to provide the written consent of your parent or guardian. You will need to have them contact us to give this consent.

2. Changes to Conditions

3. The Booking

The “Booking” is the Yoga Concepts exercise class, studio program, workshop or retreat that you have decided to purchase as described on this Website and selected by you.

4. Price

Except in the clear case of error, the prices payable for the Booking that you order are as set out on this Website at the time when you place your order. All our prices are inclusive of tax at the rates in force from time to time.

5. Payment

- We accept the following methods of payment for a Booking:-

Visa and MasterCard credit card; and

Visa and MasterCard debit card.

5.2 Payment will be charged to your card upon making of your Booking.

5.3 Payment will be processed using the services of the Australia and New Zealand Banking Group Limited on a secure website linked to this Website.

5.4 You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.

6. Delivery

6.1 Subject to your bank/card issuer validating and authorising your purchase we will make the Booking that you have ordered to you within 3 working days of the placement of your order. Delivery costs are included in the final price you have agreed to pay.

6.2 We will send you an email confirming your Booking to the email address that you have provided.

7. Customer Service and Technical Support

7.1 You can contact us to discuss your Booking or for any other reason by emailing to Yoga Concepts as described below or going to the “Contact Us” section of this Website.

8.3 In either case, please be ready to provide your order ID, e-mail, Booking details which will be required in order to identify your purchase order.

9. Terms of Booking

9.1 Your Booking is personal to you and cannot be transferred to any other person without our prior agreement.

9.2 Subject to our Refund Policy as set out below and any applicable consumer rights that you may have, the Price you have paid us for a Booking is non-refundable.

9.3 You can check that the time for your Booking on this Website.

10. Data Security and Privacy

10.1 Your credit/ debit card details will not be stored on our servers.

10.2 The information and data (“personal information”) which is provided by you in connection with making a Booking will be held on Yoga Concepts servers and manual records and will be used by used by Yoga Concepts. These servers are operated by a third party IT contractor.

10.3 By making a Booking with Yoga Concepts you understand that Yoga Concepts may use and disclose your personal information:-

for the purposes of enabling us to deliver the service to which the Booking relates to you and to allow you to access this Website;

to enable us to offer and provide you with the products and services available on this Website or via Yoga Concepts business; and

for any of the purposes set out in Yoga Concepts Privacy Policy which is available by clicking the link on this Website.

11. Health Warning

You acknowledge and agree that, to the extent that the Booking contains comprises services or contains materials that demonstrate and explain a program of exercise, that not all exercises are suitable for every person. For this reason we recommend that you seek the advice of a qualified doctor before commencing any program of exercise. We also recommend that should stop any exercise and seek medical advice if at any time you are experiencing any unexpected, strain, pain or other discomfort.

12. Disclaimer and Refund

Disclaimer

12.1 We do not warrant or guarantee or make any representation that:-

this Website, or the server that makes the site available on the World Wide Web are free of software viruses;

the functions contained in any software contained this Website will operate uninterrupted or are error-free; or

that any program of exercise to which the Booking relates is or will be suitable for your purposes, without appropriate modification.

12.2 To the fullest extent permitted by law, we are not liable to you for:-

errors or omissions in the service to which the Booking relates or this Website;

delays to, interruptions of or cessation of services provided in this Website arising from causes beyond our reasonable control;

defamatory, offensive or illegal conduct of any user of this Website;

any special, indirect or consequential loss or damage which you may sustain howsoever arising; or

damage to person or property howsoever arising, whether in tort or contract, whether caused by us, our employees, agents or contractors, or through any other cause but excluding any act of gross or deliberate negligence and to the fullest extent permitted by law you release Yoga Concepts in relation to any cause of action, claim, demand, right, damage, loss expense or compensation of nature whatsoever that you may have or in the future might have in respect to the foregoing in relation to the services to which the Booking relates, the use of any materials associated with the Booking or this Website.

Refund

- If for a reason beyond either our or your control we are not able to provide you with the service to which the Booking relates, we will allow you a credit for the Booking and allow you to receive the service at any time within 3 months from when the service would have otherwise provided.

13. Limited Liability

13.2 In the event that we are found liable for breach of any implied warranty or condition that cannot be excluded by law, then our liability is limited, at our choice, to one of the following:-

the supply of the service again; or

the payment of the cost of having the Product service again, and in no circumstances whatsoever will our liability exceed the actual amount that you have paid to us for the service.

14. Waiver

No waiver by Yoga Concepts shall be construed as a waiver of any rights or remedies or any subsequent breach of these conditions.

15. Assignment

These conditions and any rights to a service to which the Booking relates may not be transmitted or assigned by you but may be assigned by Yoga Concepts without restriction.

16. Whole Agreement

16.1 These conditions, the current Booking prices and our Privacy Policy set out the whole agreement between Yoga Concepts and you in relation to the Booking. These conditions cannot be changed or terminated verbally and subject to the above conditions which permit some changes, no other changes or amendments to these conditions shall be binding on either of us until confirmed in writing by Yoga Concepts.

16.2 Yoga Concepts employees, agents and contractors including its IT support staff are not authorised to make any representations concerning the Booking or this Website unless confirmed in writing by Yoga Concepts. You confirm that you do not rely on, and waive any claims for breach of any such representations that are not so confirmed.

17. Governing Law

The sale and supply of the services to which the Booking relates, use of this Website and these conditions are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the Courts in those jurisdictions.

Subscription Terms and Conditions

Welcome to Yoga Concepts.TM

These terms and conditions relate to the Yoga Concepts Subscription service which you are agreeing to purchase from us. Please read these terms and conditions, which together with our Privacy Policy govern your use of the Yoga Concepts Subscription service (“conditions”).

1. Your Acceptance

1.1 By clicking on the “I have read and accept these Subscription Terms and Conditions” button you are entering into a legally binding contract with Yoga Concepts to purchase the Subscription. This contract is conditional on payment being authorised by your credit/debit card authoriser and is at all times subject to these conditions now and every time you use the Subscription. If you do not accept these conditions you should not click on the button.
1.2 The term “Yoga Concepts” or “us” or “we” or “our” refers to the owner of this Website whose registered office is 1/458 Bridge Road, Richmond, Victoria, Australia 3121. Our Victorian business registration number is VIC B1618129D and our Australian Business Number is 95 578 688 994. The term “you” refers to the subscriber to our Website.
1.3 You must be 16 years or older to agree to purchase a Subscription. If you are under 16 years old you will need to provide the written consent of your parent or guardian. You will need to have them contact us to give this consent.

2. Changes to Conditions

2.1 Yoga Concepts may change these conditions at any time. Any changes will take effect on the date they are posted onto this Website and we are not under any obligation to notify you of such changes, except where those changes vary the price of the Subscription, in which case the change will come into effect if you renew your Subscription. By continuing to use the Subscription you accept any revised version of these conditions.

3. The Subscription

3.1 The “Subscription” shall be the provision to you of access to services and content on this Website (www.yogaconcepts.com.au) including streaming audio-video and downloadable audio-video and other features as made available to subscribers from time to time.

3.2 Yoga Concepts reserves the right amend the nature and extent of the Services available at any time.

4. Subscription Availability

4.1 You will need download and install [ Software Program ] software versions [ Versions ], which you will need to obtain and install to use the Subscription.

4.2 Yoga Concepts will use its reasonable endeavours to ensure that the Subscription is made available to you at all times. However, this Website is provided on an “as is” basis.

4.3 Specifically, the image and sound quality of streaming audio-video may vary, whether due to congestion on the internet or telephone lines or otherwise. Your use of the Subscription and this Website may not be uninterrupted, timely, secure or error free.

4.4 From time to time we will need to close the Website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the above constraints, Yoga Concepts will supply the Subscription with reasonable care and skill. Apart from this commitment and subject to condition 12.4 (“Refund”) below and any other statutory rights you may have as a consumer, we make no representation or warranty and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law.

5. Prices

5.1 Our prices only cover access to the Subscription. Telephone line and other communications or access costs may be charged to you separately by your Internet Service Provider or relevant service provider. All our prices are inclusive of tax at the rates in force from time to time. Except in the clear case of error, the prices payable for the Subscription that you order are as set out on this Website at the time when you place your order.

5.2 Our prices are subject to change by us giving you 30 days written notice of the change at any time prior to your Subscription being renewed. Notice may be given to you by post or by email to the most recent email and/or postal address we hold for you.

6. Payment

6.1 We accept the following methods of payment for a Subscription:-

Visa and MasterCard credit card; and

Visa and MasterCard debit card.

6.2 Payment will be charged monthly, annually or otherwise to your card upon placement of your Subscription, depending on the duration of the Subscription you purchase.

6.3 Payment will be processed using the services of the Australia and New Zealand Banking Group Limited on a secure website linked to this Website.

6.4 You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the bank/card issuer.

6.5 Yoga Concepts reserves the right to refuse credit/debit card payments in our reasonable discretion. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

7. Duration and Termination

Your Right to Terminate

7.1 You may cancel your Subscription by logging into the Website and going to the“My Subscription” page of this Website and clicking on the “Cancel Subscription” button. Your Subscription is renewed monthly or annually (as selected by you) and continues until it is cancelled by you or is otherwise terminated in accordance with these conditions.

7.2 Cancellation must be made no less than 5 working days prior to the end of the month or year (depending on whether you are paying monthly, annually or otherwise).

7.3 If you cancel prior to this 5 working day period access to the Subscription will be cancelled at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following month, year or relevant period and access to the Subscription will be cancelled on expiry of that following month.

7.4 If you cancel your Subscription after your renewal date you will be charged for the following month, year or relevant access period and access to the Subscription will terminate on expiry of that following month, year or relevant period.

Our Right to Terminate

7.5 Yoga Concepts may terminate this contract with immediate effect by written notice on 30 days notice at any time if you commit a material breach of these conditions, including without limitation if your payment for the Subscription is declined or you fail to comply with condition 9.

7.6 Yoga Concepts may also terminate this contract on 30 days written notice to you for no reason. If we terminate this contract other than as a result of your breach you will receive a refund of the amount you pre-paid for the Subscription less an amount proportionate to the number of days for which you have had access to the Subscription.

8. Customer Service, Technical Support and Notices

8.1 You can contact us to discuss your Subscription or for any other reason by emailing to Yoga Concepts as described below or going to the “Contact Us” section of this Website.

8.2 If you are experiencing technical or service problems you should contact our Website manager by emailing to [ email address ]. If our Website manager is unable to resolve your problem or does not respond promptly to you then you should contact Yoga Concepts directly.

8.3 In either case, please be ready to provide your subscriber ID, e-mail, Subscription product details and details of your last transaction which will be required in order to identify your Subscription.

8.4 Any notice given by Yoga Concepts can be given by post or by email to the most recent email and/or postal address we hold for you.

8.5 You should notice us by email immediately if any of your details change.

9. Your Use of the Subscription

9.1 The audio-visual material, footage, images, design, text and other streaming that you receive (and any selection or arrangement of the foregoing) are subject to copyright of Yoga Concepts and the name and logo of Yoga ConceptsTM and The Knowing FlowTM are trade marks owned by us.

9.2 You agree that you will:-

access the Subscription for your information and personal use only and use the Subscription for non-commercial purposes only without making any gain and that you will not permit any other person to use the Subscription. (This includes, without limitation, that you must not charge for viewing the Subscription and that you cannot use the Subscription to attract others to buy goods or services from you or anyone else);

access the Subscription only as intended through the normal functionality of the Subscription as provided on this Website;

not permit any other person to view the Subscription and keep your password secure and never share your passwords or other access codes with anyone or in anyway make them accessible to others;

only download one copy of any materials comprised in the Subscription to a personal local hard disk or personal media device (eg. an ipod® or MP3 player) and not otherwise copy, record or store all or any part of the Subscription (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or other distribute all or any part of the Subscription to any person, or authorise, enable or procure any other person to do any of the above;

not alter, disassemble, decompile or reverse engineer any part of the Subscription or remove any copyright or trade mark notice from any materials comprising the Subscription;

not view the Subscription in circumstances where members of the public can view it simultaneously or authorise, enable or procure any other person to do so; and

not misuse this Website or the Subscription or use either of them for any unlawful purpose (which includes transmitting any computer viruses or malicious code via the Website) or using the Website in a manner which violates or infringes the rights of anyone else.

9.3 You acknowledge and agree that in addition to our right to terminate this contract for breaches by you we may suspend the Subscription or your access to it or any part of it if your use of them is not in accordance with these conditions, abusive, excessive or against the interests of other subscribers. If we decide to do this we will give you a written notice.

10. Data Security and Privacy

10.1 Your credit/ debit card details will not be stored on our servers.

10.2 The information and data (“personal information”) which is provided by you in connection with the Subscription will be held on Yoga Concepts servers and manual records and will be used by used by Yoga Concepts. These servers are operated by a third party IT contractor.

10.3 By subscribing to Yoga Concepts you understand that Yoga Concepts may use and disclose your personal information:-

for the purposes of enabling you to access the Subscription and this Website;

to enable us to offer and provide you with the products and services available on this Website or via Yoga Concepts business; and

for any of the purposes set out in Yoga Concepts Privacy Policy which is available by clicking the link on this Website.

11. Health Warning

You acknowledge and agree that, to the extent that the Subscription contains materials that demonstrate and explain a program of exercise, that not all exercises are suitable for every person. For this reason we recommend that you seek the advice of a qualified doctor before commencing any program of exercise. We also recommend that should stop any exercise and seek medical advice if at any time you are experiencing any unexpected, strain, pain or other discomfort.

12. Disclaimer and Refund

Disclaimer

12.1 We do not warrant or guarantee or make any representation that:-

this Website, or the server that makes the site available on the World Wide Web are free of software viruses;

the functions contained in any software contained in the Subscription or this Website will operate uninterrupted or are error-free; or

that any program of exercise comprised in the Subscription is or will be suitable for your purposes, without appropriate modification.

12.2 To the fullest extent permitted by law, we are not liable to you for:-

errors or omissions in this Website or the Subscription;;

delays to, interruptions of or cessation of services provided in this Website arising from causes beyond our reasonable control;

defamatory, offensive or illegal conduct of any user of this Website;

any special, indirect or consequential loss or damage which you may sustain howsoever arising; or

damage to person or property howsoever arising, whether in tort or contract, whether caused by us, our employees, agents or contractors, or through any other cause but excluding any act of gross or deliberate negligence and to the fullest extent permitted by law you release Yoga Concepts in relation to any cause of action, claim, demand, right, damage, loss expense or compensation of nature whatsoever that you may have or in the future might have in respect to the foregoing in relation to the Subscription, the use of the materials comprised in the Subscription or this Website.

Refund Credit

12.4 If for a reason beyond our control you fail to receive a substantial element of the Subscription we will give you credit (by for example, increasing the length of your Subscription) for such proportion of the sum you pre-paid in respect of the Subscription that we decide, acting reasonably, is fair in the circumstances.

13. Limited Liability

13.2 In the event that we are found liable for breach of any implied warranty or condition that cannot be excluded by law, then our liability is limited, at our choice, to one of the following:-

the supply of the services again; or

the payment of the cost of having the services supplied again, and in no circumstances whatsoever will our liability exceed the actual amount that you have paid to us for the Subscription.

14. Waiver

No waiver by Yoga Concepts shall be construed as a waiver of any rights or remedies or any subsequent breach of these conditions.

15. Assignment

These conditions and any rights to use the Subscription may not be transmitted or assigned by you but may be assigned by Yoga Concepts without restriction.

16. Whole Agreement

16.1 These conditions, the current Subscription prices and our Privacy Policy set out the whole agreement between Yoga Concepts and you in relation to the Subscription. These conditions cannot be changed or terminated verbally and subject to the above conditions which permit some changes, no other changes or amendments to these conditions shall be binding on either of us until confirmed in writing by Yoga Concepts.

16.2 Yoga Concepts employees, agents and contractors including its IT support staff are not authorised to make any representations concerning the Subscription or this Website .unless confirmed in writing by Yoga Concepts. You confirm that you do not rely on, and waive any claims for breach of any such representations that are not so confirmed.

17. Governing Law

The Subscription, use of this Website and these conditions are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the Courts in those jurisdictions.

Copyright Notice

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