Terms of Use
These terms and conditions (the "Terms and Conditions") govern the use of https://www.alwaysyoga.studio and https://always-yoga.heymarvelous.com (the "Site"). These Sites is owned and operated by Always Yoga. This Site is an online yoga studio.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Always Yoga and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
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Harass or mistreat other users of our Site;
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Violate the rights of other users of our Site;
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Violate the intellectual property rights of the Site owners or any third party to the Site;
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Hack into the account of another user of the Site;
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Act in any way that could be considered fraudulent; or
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Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following services are available on our Site:
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Online yoga classes.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps:
1. After logging in, click on your name on the top right corner then select "My settings".
2. Scroll down and click on Cancel next the subscription you'd like to cancel.
3. Confirm the cancellation by clicking "Cancel subscription" in the pop-up window.
Payments are non-refundable. Users will have access to the platform for the duration that they have paid for.
Payments
All pricing listed on Always Yoga website and online studio is in Australian dollars (AUD).
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We accept the following payment methods on our Site:
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Credit Card; and
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Debit Card.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
All services sold on our Site are non-refundable.
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Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Always Yoga and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Always Yoga and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Western Australia.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
helloalwaysyoga@gmail.com
You can also contact us through the contact form available on our Site.
Effective Date: 1st day of July, 2023
Waiver
The below waiver is mandatory for all members to agree to before participating in classes with Always Yoga. It will pop up at the time of sign up, and again before you play your first class (if not agreed to the first time).
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I, the undersigned, understand that yoga is not a substitute for medical attention, examination, diagnosis, or treatment. I should consult a physician prior to beginning any activity program, including yoga. I have the permission from a healthcare provider to commence practice with Always Yoga and its instructors Emilie Fincher and Julie Beaumont. My healthcare provider has deemed that I am physically fit, and I have no medical condition which would prevent my full participation in a yoga class, workshop or online practice.
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If at any time during the class, you feel discomfort or strain, gently come out of the posture. You may rest at any time during the class. It is important in yoga that you listen to your body, and respect its limits on any given day. I will not perform any postures to the extent of strain or pain.
I understand that I am participating in a yoga class/classes, workshop/s, training/s, or online practice offered by Always Yoga and its instructors, during which I will receive information and instruction about yoga, meditation, pranayama. I recognise that yoga may require some physical exertion, which may be strenuous and may cause physical injury. I am fully aware of the risks and/or hazards involved.
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I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in any yoga program with Always Yoga.
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I knowingly, voluntarily and expressly waive any claim that I may have against Always Yoga, its instructors and staff, and its owners, for any injury, death or damages that I may sustain as a result of participating in a yoga class, workshop, training, or online practice. I, my heirs or legal representatives, forever release, waive, discharge and covenant negligence or other acts. I accept all liability for the consequences of my own actions when choosing to follow an Always Yoga class.
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I am 18 years of age or older, and I have carefully read and fully understand and agree to the above terms of this Liability Waiver Agreement. I am accepting this agreement voluntarily and recognise that clicking of accept serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed.