Terms and Conditions
These terms and conditions make up a legally binding agreement (the Agreement) between YogaSound ABN 46 465 467 671 (referred to in these terms as “Us” “We” and “Our”) AND you.
This Agreement may be accepted by joining one of our classes and programs and making payment online and is a binding agreement in the same way as if you had signed an agreement containing these terms and conditions.
If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at melissa@yogasound.me.
THE PARTIES AGREE as follows:
1. Delivery of Membership
1.1 All membership classes will be delivered online. Please refer to our class timetable for class availability as this may change.
1.2 Your membership also includes recorded videos of classes so that you can complete a class at your own pace and a time that suits you. Recorded videos are removed after the completion of each class cycle.
1.3 If we are unable to hold classes for a one week period or more, your membership will continue and you will be given access to class recordings unless a request for a pause is made for the allocated time.
2. Payment, Price and Refunds
Online Membership
2.1 Each online membership is paid for on a monthly basis.
2.2 You can cancel your subscription before your next monthly payment through your membership portal. Please note that if you cancel your subscription prior to your monthly payment date, you will not receive a refund of your membership.
2.3 All payments are made in Australian Dollars at the time of purchasing your membership.
2.4 Our introductory offer may only be purchased once.
2.5 Memberships cannot be placed on pause or suspended.
2.6 If your membership includes a 1:1 class (in person or online), you may contact us to reschedule by providing at least 48 hours notice.
In person classes
2.7 Payment for in person classes is to be made online prior to the class.
2.8 You acknowledge and agree that there are no refunds for change of mind or errors in purchasing, or unable to attend.
2.9 If you purchase a 1:1 in person class, you may contact us to reschedule by providing at least 48 hours notice.
3. Online Access
3.1 You acknowledge and agree that:
(a) we retain complete editorial control over access of the content on our website and through our membership and may alter, amend or cease the operation of the Online access at any time in our sole discretion; and
(b) access to your membership portal may be unavailable from time to time including for maintenance purposes.
3.2 Your membership portal may contain links to other websites as well as content added by people other than Us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
3.3 To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages as a result of use or access to your membership portal.
4. Medical Disclaimer and Limitation of Liability
4.1 You agree and understand that yoga includes physical movements as well as an opportunity for relaxation and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you agree to discontinue the activity and ask for support from the instructor.
4.2 You agree and understand that Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions.
4.3 To the maximum extent permitted by law, we assume no liability or responsibility for accidents or injury to person or property that may result from our services.
4.4 Our aggregate liability to you for any Loss arising out of or in connection with:
(a) Any act, error, negligence, misrepresentation or omission concerning or arising out of all of the Services provided under this Agreement (including any pre contractual statement, representation or warranty as to the quality or fitness of the Services or as to our ability to perform the Services);
(b) Any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the Services;
will be limited to and will not in any circumstances exceed the total Fees paid by you under this Agreement. In no event will we be liable for any indirect or consequential loss.
4.5 The limitation on liability in clause 4.3 does not apply to any liability which arises solely and directly from Our fraud or dishonesty.
4.6 Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.
5. Intellectual Property and Use of our IP
5.1 You acknowledge that We will own all Intellectual Property Rights created in our Services. To the extent that any Intellectual Property Rights vests in you, you assign all such Intellectual Property Rights to Us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in you.
5.2 Any pre-existing Intellectual Property Rights owned by Us before the commencement of this Agreement, will remain vested in Us.
5.3 We agree to grant you a non-exclusive, non-transferable, royalty free licence (“IP Licence”) to use and reproduce the Intellectual Property Rights for purpose of using our Services.
6. Force Majeure (things that are outside of a parties’ control)
6.1 We will not have any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond our reasonable control.
6.2 If we are affected by these circumstances we will promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
6.3 If such circumstances continue for a continuous period of more than 3 months, you may terminate this agreement by written notice to us.
7. Termination
7.1 We may terminate this Agreement by notice in writing to you, if you:
(a) fail to observe any term of this Agreement;
(b) fail to rectify a breach, to Our satisfaction, following the expiration of 7 days’ notice of the breach being given in writing by Us to you;
7.2 Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 7 days’ notice.
8. Applicable Law
8.1 The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of Victoria.
9. Your Warranties
9.1 The Client separately warrants that:
(a) They are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to them by or on behalf of Us whether in answer to an enquiry or otherwise;
(b) Prior to the Start Date, they have made their own independent enquiries and satisfied themselves as to the fitness for purpose of the services and, to the extent permitted by law, We makes no warranty, promise or representation in relation to the services, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the Services for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.
9.2 In entering into this Agreement, we rely upon the warranties provided above and upon any information supplied by the Client.
10. Definitions
In these terms and conditions, the following terms have the meanings indicated:
a) Agreement means the agreement made between you and Us as set out in these Terms and Conditions.
b) Fee means the fees for the Services.
c) Intellectual Property Rights means copyright, trademark, design, patent, and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement.
d) Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tort, contract or otherwise (including costs awarded or incurred) of any kind.
e) Services means the services to be provided by us.