Terms and Conditions
1. ACCEPTANCE OF TERMS OF SERVICE
We (hereafter referred to as
"Provider", "we", "us" or "our") deliver
a yoga-focused service that includes poses, diets, and meditations. These
services are available as a browser-based application (“Services”).
By visiting
the website ("Sites") and/or registering for the Services, you accept
that you are entering into a binding contract with us governed by the Terms of
Service, Additional Terms if applicable, and Privacy Policy.
Please
take the time to read and understand the Terms of Service. If you do not agree
with the Terms of Service, Additional Terms as well as the Privacy Policy, please
don’t use the Sites or any of the Services.
The Terms
of Service, Additional Terms and Privacy Policy may be updated without prior
written notice to you at any time. These changes will form part of the Terms of
Service, even if you do not re-use the Sites. You are responsible for being
familiar with any amendments or modifications of the Terms of Service,
Additional Terms and Privacy Policy.
2. ACCESS AND AVAILABILITY
Full access to
the Service can be provided by paying either a one-off fee or a recurring
subscription fee depending on your plan.
We grant
our clients full access to the content for the duration specified at the time
of purchase of the one-off fee. The fee shall become due upon purchase of the
one-off access, irrespective of whether you actually use the Service; the
consideration for the fee shall solely be the provision of the right to
download, receive, and/or access the content.
You are
fully responsible for all activities that occur through your access. That
responsibility includes, but is not limited to, ensuring timely payment of any
fees, tariffs, or other charges for getting access to the Services or any
products and services made available through the Services. You agree to notify
us immediately in case you become aware of or suspect unauthorized use of your
access or any other breach of security.
To make
the most of our Service, you must have the necessary mobile communication means
with easy internet access. Some wireless applications are only available for a
select number of mobile devices. This is an issue with its manufacturers, hence
out of the control of the Provider. To prevent any disappointment, we ask you
to check the compatibility of your device before purchasing one-off access.
You are
responsible for ensuring that your equipment and/or software do not disturb or
interfere with the Provider’s operations. Any equipment or software causing
interference shall be immediately disconnected from the Service, and the
Provider shall have the right to immediately terminate or suspend the Service.
3. AGE RESTRICTION
In order to use the Service you (a) must at least have reached the
age as per the rules and regulations of your country of residence and have bill
payer's permission to sign-up for and use the Service on his behalf and (b)
agree on behalf of the bill payer and yourself to be bound by the Terms of
Service, Additional Terms and Privacy Policy.
4. FEES
For
getting full access to the Service, you will be charged a one-off fee or a
recurring subscription fee depending on your plan.
The
charges will be invoiced through the mobile bill you receive from the mobile
operator of your network, through any other selected payment method, or as a
one-off payment. Separate text message fees and/or network fees from your
mobile operator or payment processor can apply.
In the
free welcome message or email, you will find information about the total
one-off fee for access.
We ask
you to check and store this welcome message or email.
For getting
full access to a Service you will be charged the applicable fees.
The
charges will be invoiced through the mobile bill you receive from the mobile
operator of your network or through any other selected payment method. Separate
text message fees and/or network fees from your mobile operator or payment processor
can apply.
In the
free welcome message or email you will find information about the Service fee
and the frequency of the Service. We ask you to check and store this welcome
message or email.
All fees,
including fees for existing subscription contracts, are subject to change upon
notice from us. We will provide you with reasonable notice of such a change. If
you do not accept the new fees (which will be applicable only on a prospective
basis), you may cancel your subscription effective immediately upon
termination.
5.
SECURITY AND REGISTRATION OBLIGATION
To guarantee safe use of the Service, as well as payment of the applicable
fees, you must be registered. You guarantee that the personal information
("Registered Information") provided to us is correct and complete at
all times. If the Provider, in its sole discretion, has reason to believe that
the Registered Information is not accurate or complete, the Provider is
entitled to suspend or terminate your account and to withhold both current and
future use of the Service, or any component of it.
You are
responsible for maintaining the secrecy of any passwords and/or accounts issued
to you by the Provider, and you are fully liable for all actions carried out
involving the use of your password or account. You should contact the Provider
if you notice or suspect that unauthorized use has been made of your password
or account, or any other breach of security.
The Provider
may provide you with access to some Services without being registered, such as
sign-up via your mobile device for the Service. In each such case your
identification is based on means of identification that we deem appropriate,
such as your mobile telephone number.
6. CHANGES OF THE SERVICES
We
reserve the right to upgrade, amend, suspend, or discontinue the Services
without prior notification at any time. You agree that we shall not be liable
to you or to any third party for any amendment, suspension, or discontinuance
of the Services.
7. CODE
OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
a. you
will not use the Services for any illegal, unauthorized, or commercial purpose.
b. you
will keep all information provided to you through the Service private and
confidential and will not give such information to anyone without the
permission of the Provider or the person who provided it to you.
c. you
will not use the Service to engage in any form of harassment or offensive behavior,
including but not limited to the posting of communications, pictures or
recordings which contain libelous, slanderous, abusive, or defamatory
statements, or racist, pornographic, obscene, or offensive language or images.
d. you
will not use the Service to infringe the privacy rights, property rights, or
any other rights of the Provider or any person.
e. you
will not use the Service in any way which violates, plagiarizes, or infringes
upon the rights of the Provider or any third party, including but not limited
to any copyright or privacy or other personal or proprietary rights, or is
fraudulent or otherwise unlawful or violates any law; and
f. you
will not reproduce, copy, sell, resell, or use the Service, in whole or in part.
8. BREACHING
TERMS
Without prejudice to our other rights under these Terms of Service and
Additional Terms, if you breach these Terms of Service and/or Additional Terms in
any way, or if we reasonably suspect that you have breached these Terms of
Service and/or Additional Terms in any way, we may:
a. send
you one or more formal warnings;
b. temporarily suspend your access to the Services;
c. permanently prohibit you from accessing the Services;
d. block computers using your IP address from accessing the Services;
e. contact any or all your internet service providers and request that they
block your access to the Services;
f. commence legal action against you, whether for breach of contract or
otherwise; and/or
g. suspend or delete your account on the Services.
You agree that you will not receive a refund of subscription fees already paid
to us.
Where we suspend or prohibit or block your access to the Services or a part of
the Services, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account).
9. PRIVACY POLICY
Our use of your personal information is governed by our Privacy Policy. Our
Privacy Policy forms an integral part of the Terms of Service, and by agreeing
to the Terms of Service, you also represent that you have read and understood
our Privacy Policy and give consent to the way we may handle your personal
information as detailed in our Privacy Policy.
10.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Provider, its parent
companies, subsidiaries, related entities, affiliates, subcontractors and their
respective directors, officers, agents, employees and their representatives
from and against any and all claims, damages, lawsuits, demands, actions, liabilities,
or other proceedings brought against it by any third party due to, arising out
of, or related to: (i) your access to and use of the Service, the content, the
downloads, Software and Sites, including without limitation, your downloads
from the Sites; (ii) your violation of the Terms of Service and/or Additional
Terms; (iii) any alleged breach by you of any express or implied
representation(s) or warranty(ies); or (iv) violation of any law, regulation or
third party rights by you, or any third party using your account. You shall pay
any and all costs, damages and expenses, including, without limitation,
reasonable attorneys' fees and costs awarded against or otherwise incurred by the
Provider in connection with or arising from any such claim, lawsuit, action,
liabilities, demand or other proceeding.
11.
CANCELLATION AND TERMINATION
Information related to the cancellation and termination of Services can be
found on the Sites that correspond with the Service. Also, in the free welcome
message or email from the Provider, you will find information on how to cancel
the Service. One-off access purchases are non-refundable and will terminate
automatically after the duration specified at the time of purchase.
When your country of residence is part of the
European Union and whether you have purchased a
subscription or a one-off access, you have the right to withdraw within 14 days
without giving any reason.
The
withdrawal period will expire after 14 days from the day of purchase of the
one-off access. To exercise the right of withdrawal, you must inform us of your
decision to withdraw from the purchase by an unequivocal statement. You may use
the enclosed European model withdrawal form, but this is not obligatory. To
meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before the
withdrawal period has expired. If you withdraw from the purchase, we shall
reimburse you all payments received without undue delay and in any event not
later than 14 days from the day on which we are informed about your decision to
withdraw from the purchase. You will not incur any fees as a result of such
reimbursement. If you use the Service during the withdrawal period, you shall
pay us an amount which is in proportion to what has been provided until you
have communicated to us your withdrawal from the one-off access in comparison
with the full coverage of the access period.
12. ADVERTISING
To the extent permitted by applicable law, we may use advertisements and promotions.
You agree that we may display advertisements and other promotions on our Sites
and deliver advertisements and promotions on your mobile device or otherwise in
connection with our Services.
You have
the right to ask us at any time not to contact you by way of direct marketing.
The
inclusion of any advertising or promotion on our Sites or in our Services does
not constitute any endorsement by the Provider of such content, product, service,
or company. The Provider shall not be a party to, or in any way responsible
for, any transaction concerning products or services made available from such
third parties or for any content or information presented in connection with
any products or services of third parties. You agree that the Provider is not
liable for any damage of any nature whatever that may be the result of such
transactions.
13. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that software used in connection with the Service (“Software”),
the Sites as well as the Services contain information and marks that is
protected by valid and applicable copyright law, trade secret law, trademark
law and any other intellectual property rights and laws. Except as otherwise
set forth herein, all now known and hereafter rights of every nature worldwide
pertaining to the Sites, Services and Software in or as part of any version, belong
to us at all times (“Intellectual Property Right”).
You agree
to make no claim of interest in, or ownership of any Intellectual Property
Rights and you acknowledge that no title to the Intellectual Property Rights is
transferred to you, and that you do not obtain any rights, express or implied,
other than the rights expressly granted in the Terms of Service and/or
Additional Terms.
You
guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan,
sell, distribute, create, or generate content or products partially or entirely
derived from the Service or the Software except in the event that the Provider
has given you explicit written permission to do so.
The Provider
hereby grants you, and you hereby accept, a personal, limited,
non-transferable, non-exclusive, revocable and non-assignable license and
permission to install the Software and download the content to use the Service
on a designated compatible mobile device solely for your own personal
non-commercial use and to use the Software and the Sites solely in accordance
with the Terms of Service and Additional Terms, as long as you do not copy,
alter or amend any Software, source codes or content, or reproduce, modify,
perform, transfer, distribute, sell, resell, create a derived product or
content from it, or carry out reverse engineer or reverse assembly those, or
otherwise attempt to find a source code, and you agree not to sell any rights
related to the content, the Software and the Intellectual Property Rights, code
those, issue sub-licenses for those, encumber those with security rights or
otherwise transfer those. You guarantee that you will not amend the content,
the Software and Intellectual Property Rights in any way or use amended
versions of the Software and Intellectual Property Rights, including (but not
limited to) in order to gain unauthorized access to the Service. You guarantee
that you will only use the interface provided by the Provider in order to
access the Service. The Provider herewith grants permission to make only one
copy of the information on the equipment you use for gaining access to the Service
and to use and display the copy of the Registered Information made on that
equipment for private purposes.
We
respect the intellectual property rights of others and expect you to do the
same. We enforce third party’s intellectual property rights and can, in
appropriate circumstances, suspend or terminate the accounts of subscribers or
users who are infringers. We will respond expeditiously to claims of copyright
infringement committed using our Services and/or Sites, if such claims are reported
to our Designated Copyright Agent identified in the sample notice below.
If you
are a copyright owner, authorized to act on behalf of one, or authorized to act
under any exclusive right under copyright, please report alleged copyright
infringements taking place on or through our website by completing the
following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our
Designated Copyright Agent. Upon receipt of the notice as described below, we
will take whatever action, in our own sole discretion, it deems appropriate,
including removal of the challenged content from the Services and/or Sites.
To file a
DMCA Notice of Alleged Infringement, please:
1) Identify
the copyrighted work that you claim has been infringed, or – if multiple
copyrighted works are covered by this Notice – you may provide a representative
list of copyrighted works that you claim have been infringed.
2) Identify
the material or link you claim is infringing (or the subject of infringing
activity) and to which access is to be disabled, including at a minimum, if
applicable, the URL of the link shown on the Services and/or Sites or the exact
location where such material may be found. Provide your company affiliation (if
applicable), mailing address, telephone number, and, if available, email
address.
3) Provide
your full legal name and your electronic or physical signature.
4) Include
both of the following statements in the body of the notice: “I hereby state
that I have good faith belief that the disputed use of the copyrighted material
is not authorized by the copyright owner, its agent, or the law (e.g., as a
fair use)” and “I hereby state that the information in this notice is accurate
and, under penalty of perjury, that I am the owner, or authorized to act on
behalf of the owner, of the copyright or of an exclusive right under the
copyright that is allegedly infringed”.
Finally,
deliver this notice, along with all items completed to our Designated Copyright
Agent:
Salore Limited, 24 Walnut Tree Place, Simon Theobald Close, Sudbury, England, CO10 1AN.
14. NO WARRANTY
WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES,
AGENTS, AND LICENSORS (THE "PROVIDER PARTIES") DISCLAIM ANY
RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE
CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. THE
PROVIDER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO
THE SERVICE, THE CONTENT, SOFTWARE AND SITES, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS;
b. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE
AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT,
SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SERVICE, THE CONTENT, THE SOFTWARE AND SITES WILL REMAIN AVAILABLE, BE
UNINTERRUPTED AND ERROR FREE;
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE;
d. YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT,
SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR
LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE
AND SITES;
e. IMAGES OF PERSONS SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR
ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE
SERVICES TO YOU;
f. WE ARE
NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS
OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES; AND
g. THE
SERVICE IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF
SEEKING, AND THE PROVIDER IS NOT PROVIDING MEDICAL TREATMENT OR ADVICE.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE
LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR
CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR
USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES,
EVEN IF THE PROVIDER'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS
SECTION, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY
COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY PROVISION OF THIS SECTION
IS INVALID OR UNEFORCABLE, THEN THE INVALIDITY OR UNENFORCABILITY OF THAT
PROVISION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER
POVISION. FURTHERMORE, SUCH A COURT SHALL HAVE THE AUTHOIRTY TO REFORMULATE
SUCH INVALID OR UNENFORCEABLE PROVISION TO PRESERVE THE INTENT OF THE PARTIES
HERETO. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF
DISSATISFACTION WITH THE SERVICES, THIRD PARTY SERVICES MADE AVAILABLE THROUGH
THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND
DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES. IN NO EVENT SHALL THE
PROVIDER PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE
AND SITES.
16.
GENERAL INFORMATION
These Terms of Service, Additional Terms and our Privacy Policy form the entire
legal agreement and understanding between you and the Provider and supersede
all previous agreements, understandings and representations between you and the
Provider relating to the Sites or the Services. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
us as a result of the Terms of Service, Additional Terms or the use of the Sites
or the Services.
You may
not transfer any of your rights or delegate any of your obligations under this agreement
without our prior written consent. Nothing in this agreement affects your
statutory rights as a consumer.
17.
GOVERNING LAW,
JURISDICTION AND SEVERABILITY
National
laws from your country of residence are applicable to the relationship between
you and Provider, regardless of provisions of applicable international law. You
and Provider hereby waive any right to jury trial with respect to any action
brought in connection with the Terms of Service and/or Additional Terms. The
application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
Disputes
will be submitted to final and binding arbitration under the rules of the
arbitration association in your country. Any failure by Provider to exercise or
invoke certain rights or stipulations laid down in the Terms of Service and/or
Additional Terms, in no way constitutes a waiver or renunciation of those
rights or stipulations.
In the
event any provision of the Terms of Service and/or Additional Terms, is
determined to be invalid or unenforceable by a court of competent jurisdiction
or appointed arbitrator, such determination shall in no way affect the validity
or enforceability of any other provision herein.
When your country of residence is part of the
United States of America, notwithstanding anything to the contrary in
these Terms of Service and Additional Terms, the applicable federal laws of the
United States of America and the laws of the State of Texas, without reference
to conflict of law principle, will govern the relationship between you and the
Provider under these Terms of Service and Additional Terms. You and the
Provider hereby waive any right with respect to any action brought in
connection with the Terms of Service and Additional Terms (i) to a jury trial,
and (ii) to join any claim with the claim of any other person or entity in a
lawsuit, arbitration or other proceeding, or to otherwise file a class action
or seek relief on a class basis. Except as provided herein, disputes will be submitted
to final and binding arbitration before a single arbitrator through telephone
hearing or by in-person hearing in the county where you reside, in Dallas
Texas, or in any other location that you and we mutually agree to. The
arbitration will be administered by JAMS pursuant to its Streamlined
Arbitration Rules and Procedures and judgment on the award may be entered in
any court having jurisdiction. This clause shall not preclude you or us from
(i) seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction, or (ii) filling claims on an individual basis, if
they qualify under applicable rules, in an appropriate small claims court.
ANNEX A
When your country of residence is part of the
European Union, you can use the European
model withdrawal form (complete and return this form only if you wish to
withdraw from the purchase).
I/We (*)
hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of
the following goods (*)/for the provision of the following service (*),
Ordered
on (*)/received on (*),
Name of
consumer(s),
Address
of consumer(s),
Signature
of consumer(s) (only if this form is notified on paper),
Date
(*) delete as appropriate.
