InYoga.Online Terms of Service

Effective Date: 10th March, 2022

These Terms of Service (“Terms”) are a legal agreement between you and InYoga Pty Ltd (“InYoga”, “us” or “we”) regarding your use of services as www.inyoga.online, including any downloadable software that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).

This Service is not directed to persons under eighteen (18) years of age.

Please read this agreement very carefully before using the Service.

1. Acceptance of Terms

This Agreement sets forth legally binding terms for your use of the Service. By using any portion of the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Service or use any of our Free Content), or you are a “Member” (which means that you pay a fee to use the Service). If you do not agree to the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. If you are using the Service on behalf of your employer, you represent that you are authorised to accept these Terms on your employer’s behalf.

We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification, or if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.

2. General Registration Requirement

In order to access the Service, you are required to register for an account through the Website (the “Account”). As part of the registration process, or as part of your continued use of the Service, you may be required to provide personal information about yourself, such as identification or contact details (First name, last name, preferred username, password and credit card details).

You warrant that any information you provide to InYoga Pty Ltd through the registration process will always be true, accurate, current and complete. You agree to maintain your personal information and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, InYoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agree to be bound by the Terms. You may not use the Service and may not accept the Terms if:

i) you are under the age of 18

ii) you are a person barred from receiving the Service under the laws of Australia or other countries including the country in which you are resident, or from which you use the Service.

3. Your obligations as a Member

As a Member, you agree to comply with the following:

InYoga’s Materials and InYoga’s Content on the Service (collectively, “InYoga Content”) is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited whatsoever. InYoga reserves all rights in and to the Service and the InYoga Content.

You may access the Website and Content as available for your information and personal use, as intended through the normal functionality of the InYoga Service; and for Streaming (“Streaming” or “Stream”) means a contemporaneous digital transmission of an audiovisual work via the Internet from the InYoga Service to a user’s device in such a manner that the date is intended for real-time viewing and not intended to be copied, stored, permanently downloaded or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited.

When you Stream InYoga Content, the resolution and quality of InYoga Content you receive will depend on a number of factors, including the type of device you are using and your internet bandwidth, which may fluctuate during the course of your viewing. We film all InYoga Content in a high-resolution format, and while we strive to provide a high quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming of InYoga Content you will receive.

In order to be able to Stream InYoga Content from the Service and to view InYoga Content on the Service, you will need to use a personal computer, portable media player or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

4. Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an InYoga Teacher, is a strenuous activity. Accordingly, you are advised to seek the advice of a registered physician before beginning any physical exercise regimen, routine, program, or using any suggested equipment, shown in any video content on the Service. InYoga is not a medical organisation and its staff and instructors are not able to give you medical advice or diagnosis, and nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that yoga and physical exercise may be deemed a strenuous activity, and such activity carries the risk of physical or mental injury. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to to ensure that by participating in classes, courses, programs and activities provided by InYoga on the Service, you will not exceed your limits while performing said activities, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions or limitations you may have. You understand that, from time to time, InYoga Teachers may suggest physical adjustments or the use of equipment, and it is your sole responsibility to determine if any such adjustment or equipment is appropriate for your level of ability and physical and mental condition.

You expressly waive and release any claim that you may have at any time for injury of any kind against InYoga, or any person or entity involved with InYoga, including without limitation its directors, principles, teachers, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

5. Certification and Disclaimer of Affiliation with Accreditation Body

InYoga Content offered by InYoga Online is for information purposes only, and does not make you eligible for certification by any governing or accreditation body to teach yoga, unless the InYoga Content you have purchased via the Website is expressly intended to be a Teacher Training Certification Program, and bears the registry marks of Yoga Australia or Yoga Alliance. Further to this, you may only claim yourself to be a certified yoga teacher if you complete all designated course material prescribed in the course, submit all assignment and assessment work, and are awarded a Certificate of Training by InYoga that bears the registry marks of Yoga Australia or Yoga Alliance. Further, you expressly waive InYoga and its directors, principals, instructors, teachers, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga, or a violation of the terms as provided herein.

6. Minors

InYoga Content is not directed towards persons under eighteen (18) years of age, and by providing information about yourself to InYoga, you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services on this Website. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into a binding contract or purchase agreement with InYoga and its partners, vendors, agents and service providers.

7. Member Account, Password and Security

If you register your information on this Service, you will be required to choose a password to protect your account, and you may be asked for additional information regarding your account, such as your full name and email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. Each registration is for a single user only, unless otherwise expressly provided for on the registration page. You agree to ensure that you log out of your account at the end of each session. You agree to immediately notify InYoga of any unauthorized use of your account or password, or any other breach of security. You may never use another Member’s account without prior authorisation from InYoga. InYoga will not be liable for any loss or damage arising from your failure to comply with this Agreement.

8. Prohibited Conduct

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content“) that:

interferes with or disrupts the Service;
is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,“ “chain letters,“ or unsolicited mass mailing, instant messaging, or “spamming“;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Members;
involves commercial activities and/or sales without InYoga’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component

Moreover, you may not:

(a) use any “deep link,“ “page scrape,“ “robot,“ “spider,“ or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service;

(b) attempt to gain unauthorised access to any portion or feature of the Service or any other systems or networks connected to the Service or to any InYoga server or to any of the services offered on or through the Service, by hacking, password “mining,“ or any other illegitimate or prohibited means;

(c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service;

(d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or InYoga’s systems or networks or any systems or networks connected to the Service;

(f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service;

(g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to InYoga on or through the Service; or

(h) use the Service in an unlawful manner.

9. Responsibility for Content

You, and not InYoga, are entirely responsible for all Content that you post (on discussion boards), email, transmit or otherwise make available via the Service. InYoga does not control the Content posted by third parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will InYoga be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

10. Rejection or Removal of Content

You acknowledge that InYoga may not pre-screen Content posted on the Service, particularly on community discussion boards, and that InYoga is not responsible for behaviour or comments of any individual teacher and/or student and/or music on the Service. InYoga shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, InYoga shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of InYoga. If you become aware of misuse of the Service by any person, please contact InYoga directly.

11. Community Guidelines

By joining and participating in InYoga’s online community, you are agreeing to the following guidelines in addition to the Terms of Service and Privacy Policy. It’s vital to the health of our community that you do review them.

A. Privacy:

Do not publish your personal information in a public community or on any group discussion or community noticeboard. Please use direct messaging when you are sharing your personal information.
Do not take screenshots from InYoga’s community notice boards and post them anywhere without explicit consent from the publisher of the original content or image.
Do not share private conversations between users that were entered into with the expectation of remaining private.

B. Respect:

InYoga will not tolerate threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist comments; or hate speech.
InYoga will not tolerate discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other personal characteristic.
InYoga is a welcoming community where diversity is encouraged and allowed to thrive.

C. Copyright Infringement:

Please be respectful of the intellectual property of others and always give credit to authors and creators when applicable. If you believe your own copyrighted material is being infringed upon, please contact us at online@inyoga.com.au.

D. Inappropriate Content:

InYoga will not tolerate any inappropriate content including, but not limited to, the following:

Obscene content, defined generally by being offensive and/or overtly sexual and lacking serious literary, artistic, political, or scientific value will be removed at our discretion.
Illegal content. InYoga will remove the content and comply with the steps required by law enforcement if needed.
Content that incites violence, or promotes harm to others including animals.
Content that promotes self-harm, eating disorders, or contains false or misleading information.
Spam, defined as repeated, unwanted and/or unsolicited actions, whether automated or manual, that negatively affect users, communities, or InYoga.Online.
Advertisements or solicitations of any financial, commercial, or not-for-profit organisation, website, contest, promotion, or fundraiser.
We may remove any content at our discretion if we deem it unsuitable for the InYoga.Online community. If you see something inappropriate, please use the report feature to bring the issue to our attention. Every report received will be investigated, and appropriate action taken.

If you have any questions or concerns, please contact us at: online@inyoga.com.au.

12. User Content

In connection with registration for a InYoga.Online account, users may upload photos or other materials or information to the Service (“User Content”) via community discussion boards. You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.

Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors:

a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and InYoga business, including without limitation for promoting the Service; and

(b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to InYoga in these Terms. You may modify or remove your User Content via your InYoga.Online Account or by terminating your InYoga.Online Account, but InYoga may, in accordance with InYoga’s Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.

You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that:

(i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory;

(ii) encourages conduct that would be considered a criminal offence or gives rise to civil liability;

(iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy;

(iv) contains corrupted data or any other harmful, disruptive, or destructive files;

(v) advertises products or services competitive with InYoga or its partners’ products and services, as determined by InYoga in its sole discretion; or

(vi) in InYoga’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose InYoga, its affiliates, or users to harm or liability of any nature.

Although InYoga has no obligation to screen, edit, or monitor any User Content, InYoga reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

13. Proprietary Rights

Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by InYoga or by third parties that have licensed or otherwise provided their material to InYoga.

You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without InYoga’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

14. Copyright Infringement

InYoga respects the intellectual property rights of others, and asks you to do the same. It is InYoga’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please InYoga via support@inyoga.com.au and provide the following information:

(a) an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) a description of the copyright-protected work that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a statement by you regarding your good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that InYoga or its agents may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

15. Ownership and Trademarks

InYoga, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

InYoga.Online is a trademark of InYoga Pty Ltd. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of the owner of the mark, as appropriate, is strictly prohibited.

16. Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by InYoga. Unauthorised framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

17. Termination or Suspension of Account

If InYoga determines in its sole discretion that you are violating any of the terms of this Agreement, InYoga may:

(1) notify you; and

(2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

If InYoga terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.

18. Other Sites

The Service may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website.

InYoga does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in or on the Service does not imply InYoga’s endorsement of such a third party website. If you decide to access any such linked website, you do so at your own risk.

19. International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

20. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

As a Member of the Website, you may from time to time receive electronic communications from us relating to promotions and special offers. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, and you may unsubscribe from these electronic mailings at any time.

21. Feedback

If you provide feedback to InYoga regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize InYoga to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to InYoga a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicencable right to use the Feedback in any manner and for any purpose.

22. Privacy Policy

InYoga respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in InYoga’s Privacy Policy.

A complete statement of the current privacy policy can be found in InYoga’s Privacy Policy.

The Privacy Policy is expressly incorporated into this Agreement by this reference.

23. Member Disputes

You are solely responsible for your interactions with other Members on the Website. InYoga reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.

24. Modification, Suspension or Discontinuation of Content

We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. InYoga reserves the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service.

Additionally, you agree that for various reasons, certain Content may be available through one platform and may not be available on another. We reserve the right to change, suspend or discontinue – temporarily or permanently – some or all of the Service, including the Content and compatible devices through which the Service is accessed, with respect to any or all users, at any time without notice. In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that InYoga may do so at InYoga's sole discretion at any time without notice.

25. Membership Subscription Fees and One-Time Purchase Fees for Online Courses

InYoga offers membership subscription-based access to its classes (“Classes“), as well as one-time purchases of courses intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“).

InYoga reserves the right to cancel, interrupt, or reschedule any InYoga Content, Class, or Online Course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms InYoga specifies for the Service, InYoga grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.

A. Online Courses:

Online Course Fees and Viewing. You will be able to view Online Courses for a period of 12 months from the purchase date, unless otherwise specified at the time of purchase. After this date, you will no longer have access to the Online Courses. The rental fee of the Online Course ("Online Course Fee") is billed prior to commencing the course. Members are not entitled to a partial refund in the event the Online Courses are not completed. If a Member is terminated due to a violation of this Agreement, InYoga will not reimburse the Member for the remainder of any Online Courses, nor will reimbursements be made for cancellations prior the completion of any Online Courses. Course Materials for Online Courses. As part of the Online Courses, instructors may provide course materials that you may download from the Service (“Course Materials“). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.

B. Membership Subscription to Classes:

Billing for Membership to Classes. You can become an InYoga.Online Member by signing up to pay fortnightly, monthly, or annual fees for unlimited access to our on-demand online video programming that we offer as part of InYoga.Online Membership.
Paid Memberships, which provide you with unlimited access to Classes on the Service, are billed on a periodic basis as specified at the time of purchase (e.g., fortnightly, monthly, or yearly).
Memberships do not include free access to Online Courses unless otherwise specified. Currently, Online Plus Memberships will include access to selected Online Courses. Please contact support@inyoga.com.au for confirmation of accessible courses.
Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement.
If Membership is cancelled or terminated before the end of the applicable billing cycle, access to the Service will be available until the end of the billing cycle you have paid for. InYoga will not reimburse the Member for any remaining or unused portion of the paid billing cycle.
Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.

Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If InYoga later increases the price of the subscription, InYoga will notify you via email. and the increase will apply to the next payment due to be charged after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

Upgrading your Membership Subscription. You may upgrade your Membership at any time, via the Manage Membership tab on your Account page. When upgrading from a Free Membership to the paid Online Membership, or Online Plus Membership, you will be immediately charged the full subscription amount for that billing cycle (whether fortnightly, monthly or annual). You will be able to immediately access Content available for that type of Membership. If you upgrade from Online Membership to Online Plus Membership, you will be immediately charged a prorated amount of the difference between the Online Plus Membership and the Online Membership until the next billing date, and you will be immediately able to access Content that relates to the upgraded Membership. Then at the next billing date, you will be charged the applicable amount for the Membership you upgraded to. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement.

Downgrading your Membership Subscription. You may downgrade your Membership at any time, via the Manage Membership tab on your Account page. When you downgrade your Membership, you will still receive access to the Content available for your current Membership, until the end date of the current billing period. Once that date has passed, you will only be able to access Content available for the newly selected Membership. In the instance that you downgrade your Membership, you will not be refunded the difference between the higher priced Membership and the lower priced Membership. Your newly selected Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement.

Free Membership Subscription. This Membership type is intended for you to “trial” a sample of the Service, so that you can decide if a paid Membership is the right option for you. If you opt for the Free Membership, you will only be able to view a small, predetermined selection of our Content. InYoga reserves the right to cancel, remove, or reschedule any InYoga Content or Class that is part of the Free Membership. With a Free Membership, you may make one-off purchases of Online Courses, as per the above information on Online Course Fees. While the Free Membership Subscription may be accessed for as long as the Service is available, individual Courses may have specific expiry dates. Please note the expiry date of any one-off purchases and courses. You are not required to provide a credit or debit card at the time you register for Free Membership.

No Sharing of Membership Subscriptions. Members of InYoga.Online may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by InYoga as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. InYoga reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

No Refunds. All payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your InYoga.Online Membership through to the end of your current billing period.

26. Third-party Payment Processing

InYoga.Online uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms.

InYoga is not responsible for any errors by the Payment Processor. In connection with your use of the Service, InYoga will obtain certain transaction details, which InYoga will use solely in accordance with its Privacy Policy. In full disclosure, we are currently using Stripe as our third-party Payment Processor.

27. Term and Termination

This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website under your Account Page or by contacting InYoga Customer Support at support@inyoga.com.au.

InYoga reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if InYoga believes that you have breached any of the terms of this Agreement, furnished InYoga with false or misleading information, or interfered with use of the Service by others.

When you close or deactivate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

28. Disclaimer of Warranties

You agree that your use of the Service shall be at your sole risk. The Service and the Material are provided “AS IS“ and without warranties of any kind, either express or implied. To the fullest extent permitted by law, InYoga, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. InYoga makes no warranties or representations about the accuracy or completeness of InYoga Content or the content of any sites linked to the Service and assumes no liability or responsibility or any:

(i) errors, mistakes, or inaccuracies of content;

(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

(iii) any unauthorised access to or use of InYoga’s secure servers and/or any and all personal information and/or financial information stored therein;

(iv) any interruption or cessation of transmission to or from the Service;

(v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; and/or

(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

InYoga does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and InYoga will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

29. Limitation on Liability

In no event shall InYoga, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

(i) errors, mistakes, or inaccuracies of content;

iiI) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

(iii) any unauthorised access to or use of InYoga’s secure servers and/or any and all personal information and/or financial information stored therein;

(iv) any interruption or cessation of transmission to or from the Service;

(v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party; and/or

(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not InYoga is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that InYoga shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by InYoga or any of its employees. InYoga is not responsible for any third party Content on the Service or third party web page accessed from the Service, nor does InYoga warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.

No communication of any kind between you and InYoga or a representative of InYoga shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. InYoga reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.

30. Exclusions and Limitations

Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

31. Indemnity

You agree to defend, indemnify and hold harmless InYoga, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:

(i) your use of and access to the Service;

(ii) your violation of any term of this Agreement;

(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service.

32. Additional Terms

We may request you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Service, to obtain certain premium Content through the Service, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

33. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.

34. Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InYoga without restriction.

35. Integration Clause

This Agreement together with the Privacy Policy and any other legal notices published by InYoga on the Service, shall constitute the entire agreement between you and InYoga concerning the Service and governs your use of the Service, superseding any prior agreements between you and InYoga with respect to the Service.

36. Waiver and Severability of Terms

The failure of InYoga to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

37. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

38. Governing Law and Venue

This Agreement shall be governed by the laws of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and InYoga that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction within Australia.

39. Ability to Accept Terms of Service

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

40. General

InYoga reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

41. Contact

If you have any questions or comments regarding this Agreement or the Service, feel free to contact us via the following means:

By Post:

Level 2, 137-139 Devonshire Street

Surry Hills NSW 2010

Australia

Phone: +61 (02) 9319 1999

Email: online@inyoga.com.au

Last updated 10th March, 2022