Terms and Conditions
AGREEMENT BETWEEN USER AND SOUL HARMONY YOGA
WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Soul Harmony Yoga. These terms govern your use of the website located at www.soulharmonyyoga.org & www.soulharmonyyoga.com.au.
The soulharmonyyoga.org web site is comprised of various web pages operated by Soul Harmony Yoga. The soulharmonyyoga.org web site (herein referred to as ‘this website’ or ‘this site’) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices.
Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website for our paid membership options.
4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
5. Testimonials published by us are independent and genuine, however they do not represent a guarantee or warranty of similar results.
Our Website Services
6. All prices are in US Dollars (US$) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
7. When you visit our website, we give you a limited licence to access and use our information for personal use.
8. You are permitted to download a copy of the information (and access our video links) on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
9. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
10. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
11. We may terminate your license to use the Website without notice if you breach these Terms.
Links to third party sites
This site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Soul Harmony Yoga and therefore it can not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Further more, Soul Harmony Yoga is not responsible for webcasting or any other form of transmission received from any Linked Site. Soul Harmony Yoga is providing these links to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement by Soul Harmony Yoga of the external site nor any association with its operators.
13. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
14. Unless otherwise indicated, all materials on the Website, including text, graphics, design, names, logos, and underlying software are protected by copyright owned or licensed by us, and you acknowledge and agree that this is the case.
15. Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these Terms unless authorised in writing.
16. We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:
(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);
(b) it is for your personal, non-commercial use;
(c) it is used for a lawful purpose; and
(d) the material is appropriately attributed to us or the source.
Copyright and trademark notices
17. Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission from us or the third-party owner.
18. All contents of this web site are copyright of Soul Harmony Yoga and/or its suppliers. All rights reserved. List of copyright holders reserved.
19. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
20. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
No unlawful or prohibited use
21. As a condition of your use of the this site, you warrant to Soul Harmony Yoga that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this site in any manner which could damage, disable, overburden, or impair the Soul Harmony Yoga web site or interfere with any other party’s use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.
Use of communication services
22. The soulharmonyyoga.org web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
23. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, nor staff nor officers of Soul Harmony Yoga.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
24. Upload files that contain malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
25. Conduct or forward surveys, contests, pyramid schemes or chain letters.
26. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
27. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
28. Restrict or inhibit any other user from using and enjoying the Communication Services.
29. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
30. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
31. Violate any applicable laws or regulations.
32. Soul Harmony Yoga has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Soul Harmony Yoga reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
33. Soul Harmony Yoga reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Soul Harmony Yoga’s sole discretion.
34. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Soul Harmony Yoga does not control or endorse the content, messages or information found in any Communication Service and, therefore, Soul Harmony Yoga specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Soul Harmony Yoga spokespersons, and their views do not necessarily reflect those of Soul Harmony Yoga.
35. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Soul Harmony Yoga
36. Soul Harmony Yoga does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to any Soul Harmony Yoga web site including its Facebook page(s) or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Soul Harmony Yoga, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
37. No compensation will be paid with respect to the use of your Submission, as provided herein. Soul Harmony Yoga is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Soul Harmony Yoga’s sole discretion.
38. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
39. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE soulharmonyyoga.org WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOUL HARMONY YOGA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ADVICE RECEIVED VIA THE soulharmonyyoga.org WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
40. SOUL HARMONY YOGA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOUL HARMONY YOGA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : firstname.lastname@example.org
42. Soul Harmony Yoga reserves the right, in its sole discretion, to terminate your access to the soulharmonyyoga.org web site and related services or any portion thereof at any time, without notice.
43. To the maximum extent permitted by law, this agreement is governed by Australian law and you hereby consent to the exclusive jurisdiction and venue of courts in England in all disputes arising out of or relating to the use of the soulharmonyyoga.org web site. Use of the soulharmonyyoga.org web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Soul Harmony Yoga as a result of this agreement or use of the this site. Soul Harmony Yoga’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Soul Harmony Yoga’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Soul Harmony Yoga with respect to such use.
44. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Soul Harmony Yoga with respect to the soulharmonyyoga.org web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Soul Harmony Yoga with respect to the soulharmonyyoga.org web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
45. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
46. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
47. All our books in the ‘Shop’ and ‘Courses’ are DIGITAL PRODUCTS that can be DOWNLOADED as a PDF and video links from our website. In order to make these materials as accessible and easily affordable as possible, I must make this a non-refundable purchase except where required by Australian Competition and Consumer Commission Law for ‘Shopping Online’ so when you invest in yourself and these products your purchase is final.
Limitation on Liability
48. When you acquire services from us, the Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website;
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.
49. For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
50. These Terms are governed by and to be construed in accordance with the laws of Western Australia, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia. If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.