TERMS services provided by A Live Yogi (all

TERMS & CONDITIONS

Welcome to the A Live
Yogi website and Subscription service, which are owned by A Live Yogi Pty Ltd.

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A
Live Yogi Pty Ltd (A Live Yogi) and our
related companies (we, our, us)
provide a subscription service that provides our subscribers with access to
live-streamed and pre-recorded yoga, meditation and general wellness content,
directly to compatible phones, ipad’s/tablets, televisions, computers, and
other devices (Devices).

These Terms &
Conditions apply to your use of the A Live Yogi services, including but not
limited to:

The websiteYour Subscription which
allows access to applications, media streaming services (including
live-streaming and pre-recorded content) and all other content and services as delivered
by A Live Yogi An e-commerce site,
allowing users to purchase productsOther websites or online
content provided by or for A Live Yogi, including materials, classes,
resources, products, tools, content, services and social networking features. All other services
provided by A Live Yogi (all of the aforementioned a-e, collectively being
referred to as Services and Content).

 

SUBSCRIPTION

Non-members are
currently permitted to view a limited portion of the website prior to deciding
whether to subscribe.

To access our full services
you will need to sign up as an A Live Yogi member. The term member is used
interchangeably with subscriber and customer.

Subscription gives you
access to the A Live Yogi existing and live-streamed content. Subscription is
only available on a monthly basis and you will be charged a fee monthly for
your subscription (Subscription Fee).

Your subscription
commences on the day you first pay your Subscription Fee and will expire one
calendar month thereafter. Your Subscription will automatically renew for the
same term upon expiry unless terminated in accordance with these Terms &
Conditions. By signing up for a Subscription, you authorise A Live Yogi to
charge your Subscription Fee to the card details you provide.

The Subscription Fee is
currently A$19 per month inclusive of any applicable Australian Goods and
Services Taxes. The Subscription Fee is payable in Australian dollars or other
currency as applicable.

The Subscription is offered to you on the condition
that you accept and agree to be bound by these Terms & Conditions in its
entirety without modification of any kind.

You are responsible for notifying us of any changes
to your credit card information and to update your information if your credit
card has expired. If for any reason we are unable to process your automatic
payment via your payment method, we have the right to cancel your Subscription
until payment of your Subscription Fee is received. You are required to notify
us of any billing problems or discrepancies within forty-five (45) days after
the billing date by emailing [email protected]

At times, we may offer a
subscription at a discount, with a promotional offer or under different terms
to those disclosed in the Terms & Conditions (Promotional Offer). If any Promotional
Offer applies to your subscription, these will be communicated to you at the
time you initially subscribe.

Payment Method and Billing

On signing up for
Subscription with A Live Yogi, you must provide us with a valid, accepted
method of paying the Subscription Fee (Payment Method). We currently only
accept Visa, MasterCard and AMEX. Your Payment Method can be changed through My
Account > Subscriptions.

By completing the Subscription
form and providing us with a Payment Method you authorise us to automatically
charge you the Subscription Fee via the Payment Method you provide.

The Subscription Fee is
charged in advance via direct debit monthly, on the date corresponding to the
date on which you initially commenced your Subscription (Billing Date). Your Next Billing Date
can be located via My Account > Subscriptions.

Your Billing Date may be
varied without notice at times to account for:

Where your Payment
Method has not been charged successfully and we are re-attempting to
charge you;
Differences between
months (e.g. if your monthly Billing Date is the 31st, for 30 day months
you will be charged on the 30th);
Leap years; or
Other circumstances
which may arise

You can find and download
a tax invoice for your payments via My Account > Payments.

Please note, if you are
not based in Australia, the issuer of your Payment Method may charge you a
foreign transaction fee or other charges for payment of the Subscription Fee.

The Subscription Fee is
inclusive of all other fees and taxes (if applicable).

Termination by you

If you choose to terminate
your Subscription, this can be done at any time via My Account > Subscriptions
and select “Cancel”.

You will still have full
access to the Services and be required to pay for your Subscription until the
next Billing Date.

You need to terminate
your Subscription at least seven days before the next Billing Date to ensure your
Subscription does not automatically renew for the same term.

For example, if you
first paid for a monthly Subscription on the 12th of February, you
need to cancel your Subscription via My Account > Subscriptions, by the 5th
of March to ensure your payment does not automatically renew.

Termination by A Live Yogi

If you do not pay your
Subscription Fees or if we have reason to suspect that you or a third party are
using the Subscription improperly or inappropriately (for example sharing your
Subscription with multiple people or posting inappropriate comments on the
community Chat or social media), or illegally or if you otherwise do not comply
with these Terms & Conditions, we reserve the right to immediately
terminate or suspend your Subscription and access to the Services without
notice to you. We will not be liable to you for any loss or damage as a result
of termination or suspension and you will still be responsible for paying any
outstanding Subscription Fees to us unless we advise you otherwise.

We may terminate your
Subscription, due to any other reason that we determine satisfactory.

Refunds

If you terminate your
Subscription we will generally not provide any refunds unless required by law.
If you wish to cancel your subscription, please ensure you do so via My Account
> Subscription at least seven days prior to your Next Bill date.

Subscription Terms of Use

By signing up for a
Subscription and accessing the Services and Content, you accept and agree that:

you are
representing to us that you are over the age of 18 and you are of legal
age to form a legally binding contract;
you have provided to
us information in relation to your Subscription that is true, accurate,
current, complete and to the best of your knowledge;
you are obliged to
maintain and promptly update your account information if your
circumstances change;
you will only
access the services and content available for your own personal,
non-commercial use.
you understand that
your Subscription grants you a limited, non-exclusive, personal and
non-transferable license in order to stream the Content;
you will only stream
the Content on up to four Devices in total;
you will use the
Services and Content in accordance with all applicable laws and
regulations.
you have not previously
had your Subscription cancelled or terminated by us;
you must not
download (other than through caching necessary for personal use), copy, reproduce,
offer for sale, distribute, modify, mimic, display, publicly or privately screen,
perform, publish, license, pose as a representative of, create
plagiaristic works from, or use the services and content (except as
expressly authorised in these Terms & Conditions), without our prior
written permission;
you will not
attempt to do any of the following:

manipulate, circumvent,
remove, alter or effect any digital rights management, anti-piracy or
other protective measures used in connection with the Services and Content;
manipulate, impair
or disable the content or services in any way; or
decompile, reverse
engineer or disassemble the Services or Content;
attempt to bypass
any technology which prevents access to the Services and Content in
certain geographic locations;

you grant a licence
to us, to use and distribute your User Content. You understand that we may
use or display any comments, information, testimonials, ideas, reviews,
techniques or any other material contained in any communication you may
send to us or post on the Services, website or advertising platforms (Commentary),
without any payment to you, for any purpose whatsoever. Accordingly, by
commenting, posting, displaying or otherwise making available any User
Content on or through our website, services or content, you hereby grant
us authority to use, copy, create derivate works, publicly display, store
or otherwise use this User Content. This includes, but is not limited to,
marketing and promotion, product development and improvement of the
Services and content provided. In addition, you agree not to enforce any
moral rights in and to the Commentary, to the extent permitted by law;
you are solely
responsible for your Account management, commentary and must ensure your
Account login and password remain unknown to other persons. Commentary
includes but is not limited to discussions on Chat forums within and
outside of the A Live Yogi website as well as social media accounts.
we may remove your Account
commentary without notice;
your Account
management and commentary must not be defamatory, offensive, misleading,
derogatory to us or any other persons, harassing, illegal, false, obscene,
or infringe on the rights of third parties;
Services and
content may update from time to time without notice and may vary in
functionality across Devices.

SERVICES
AND CONTENT

The availability, quality
and speed of delivery of streamed Services and Content may vary from time to
time due to a number of factors, including but not limited to:

internet connection
of service providers including yoga teachers and persons engaged to
provide the Services and Content;
your internet
connection. An internet connection is required to access the Services and
Content. Bandwidth, coverage and data limits may vary depending on your
provider. You are responsible for establishing your internet connection
and for all charges associated with internet access;
your device/s. It
is your responsibility to ensure that your Device/s are compatible with
the Services and Content provided. Note that device compatibility may
change from time to time, particularly due to technology updates;
changes to Services
and Content. We are constantly improving our library content, live content
and services in order to provide you with a premium subscription
experience. As a result, the Services and Content may change from time to
time without notice;
other unforeseen
circumstances that may arise.

The Services and Content,
may contain advice, opinions, promotional and marketing offers, website links and
product in connection with or provided by third parties. Third party software
may be required to access the Services and/or Content (Third Party Content). We
are not responsible for any Third Party Content. Your use, provision of
information to, and reliance on Third Party Content may be subject to terms and
conditions set by that third party. We do not necessarily recommend, approve, endorse,
control or sponsor any Third Party Content, especially product, teachers,
poses, medical tests, advice or claims, practitioners, procedures or
treatments, and you use and rely on any Third Party Content at your own risk.

Medical Disclaimer

Prior
to starting any yoga, meditation or exercise classes, workshops or tutorials
offered by us, you should seek professional medical advice from your chosen
physician to determine whether the Services and Content provided are suitable
for your needs. A Live Yogi and its teachers, staff or representatives are not
trained to and cannot provide you with medical advice, injury advice or
diagnosis of symptoms. The use of equipment, poses presented, moves, instruction,
advice or information included in your Subscription are suggestions only and
should be used as a guide only. It is your responsibility to ensure you elect
to use poses, movements and use of the Services and Content that are suitable
to you and your body. Use your own judgement in deciding on whether to rely on
information contained within the Services and Content. No suggestions, comments,
advice or information contained in the Service and Content should be construed
as any form of medical advice, treatment or diagnosis. Always seek advice from
a qualified medical practitioner for health issues. In the event of a medical
emergency, contact your doctor or emergency services.

By
Subscribing to A Live Yogi and by using the Services and Content provided, you
represent that you understand that the Services and Content provided contains
physical exercise which carries the risk of injury, whether it be physical or
mental. It is your responsibility, and you should use your own judgement in
deciding on your physical and mental capabilities for each exercise and class.
Choose poses, movements, classes and exercises that are suitable to you and
your body, and do not participate in classes, exercises, poses or activities that
exceed your capabilities. Teachers, staff, representatives or third parties
demonstrating physical exercises via the Services and Content may suggest
physical exercises, poses or adjustments and it is your responsibility to
determine whether this is suitable for you and your body. You expressly waive
and release any claim that you may have at any time for injury of any kind
against A Live Yogi, it’s associated entities, any person or entity involved
with A Live Yogi, including without limitation its directors, teachers, employees,
independent contractors, agents, contractors, affiliates and representatives.

Geographical limitations

Some Services and
Content may not be available in your geographic location and as a result these
Services and Content cannot be viewed or accessed. The Services and Content is
only available in, and may vary between, the countries in which we offer the
Services and Content.

Member Account, Password and
Security

You are solely
responsible for your Account management, User Content and Commentary. You are
solely responsible for maintaining the confidentiality of your account
information, login and security of your password. You are solely and fully
responsible and liable for all access to and use of the website, services and
content that occur in your account, whether it by accessed by yourself or a
known or unknown third party. All rights attaching to a Subscription you
created are granted to you only.

Access your Subscription
information by going directly to My Account after you have logged in. We will
not request your Payment information via email or through a hyperlink in an
email.

In the event your
device/s are lost or stolen, you should de-activate your Subscription, via My
Account.  You agree to immediately notify
us by emailing [email protected] of any unauthorised use of your account or
password, or any other breach of security. You understand that we will not be
liable for any loss or damage that arises from your failure to comply with
these items.

Views Represented

Services and Content
provided and/or promoted by A Live Yogi does not necessarily represent the
views and opinions of our directors, sponsors, partners or affiliates.

Liability

The Services and Content
provided by A Live Yogi are provided ‘as is’ and ‘as available’ with all faults
and without warranty. Accordingly, to the maximum extent permitted by law, we
do not guarantee, represent or warrant to you that the Services and/or the
Content:

are or will remain
compatible with any Device/s;
are provided
error-free or uninterrupted, particularly with reference to internet
connection;
provide accurate,
reliable, suitable or complete advice, suggestions or information;
are or will remain
available in your location; or
are monitored or
protected from User Account Content and comments or Third Party Content
that may be in breach of these Terms of Use or applicable laws; or
that the Services
are free of viruses or other spyware that could damage your Device/s.

We disclaim all
liability for any loss or damage (including, but not limited to, special,
indirect, consequential loss or damage or loss of profits) rising directly or
indirectly in connection with abovementioned items i – vi and the use of the
Services and/or the Content by you or any third party.

In Australia services with
guarantees that cannot be excluded under The Australian Consumer Law, are listed
in Schedule 2 of the Competition and
Consumer Act 2010 (Cth). Where permitted by law we limit our maximum
liability in relation to the Services and Content to be equal to a refund of the
Subscription Fee paid for the affected period. In event of a major failure of
the Services and Content, you may be entitled to a resupply or refund of your
Subscription fee for the affect period.

Indemnity

You indemnify us from
and against any loss, damage, costs (including legal costs), expenses or other
liability arising out of any claim or demand in relation to your Subscription,
User Account, or your use of the Services and/or Content. The indemnity given
by you is limited to the extent that any negligence or breach of these Terms &
Conditions by us has contributed to the liability in question.

Miscellaneous

If any provision or
inclusion of these Terms & Conditions shall be found to be unenforceable, invalid
or illegal, the remainder of the provisions shall continue to remain in full
force and effect.

Should a conflict
between these Terms & Conditions and any information provided by our teachers,
employees, support team, the Services or otherwise arise, these Terms &
Conditions will prevail.

These Terms &
Conditions are governed by the laws of Queensland, Australia.

Copyright and Property

The Content and Services
are the property of A Live Yogi, or, where applicable and agreed upon, the
property of third parties. All intellectual property rights in the Services and
Content are reserved accordingly, aside from the limited personal licence which
has been granted to you in these Terms & Conditions.

If you suspect any works
have been reproduced or distributed in a way that constitutes copyright
infringement or if you are aware of any infringing material available through
our Services please contact us immediately.

We do not endorse or accept
unsolicited resources or ideas for Services and Content. Should you send any
content, resources or ideas, you do so with the knowledge that no payment will
be provided to you. By sending this content, resources or ideas you waiver any
claim against us regarding the use of same.

Changes and Updates

We might make changes
and updates to these Terms & Conditions, the Services and Content provided.

If changes are made
which relate to your Subscription (specifically your Subscription Fees, Billing
Dates, Payment Methods or Cancellation of your Account), we will let you know
by email at least 14 days before the changes take place. You may cancel your Subscription
in accordance with these Terms & Conditions is you are not satisfied with
the changes.

Any other changes to the
Services and Content, may be done without notice to you. These Terms &
Conditions should be regularly reviewed to ensure you keep up to date with the
latest changes and updates.

Contact and Communication

Please get in contact
with us if you have any other questions. Find our contact details here.

If we need to contact
you, we will usually send an email to the address you provided when you signed
up for your Subscription.

Please ensure you
provide accurate contact details as this is how we will send important
information like Account access details, payment authorisations, cancellation
confirmation and password change requests. Any electronic communications given
by us should be treated as notice given in writing. You understand that by
signing up for your Subscription you authorise us to contact you by electronic
means of communication.

We will also send you
information such as newsletters, promotional offers, special deals, surveys and
promotional announcements via email or other means of communication. If you’d prefer
not to receive these sources of information you can opt out via the ‘Unsubscribe’
section provide in the communication. If you are unable to locate the ‘Unsubscribe’
section, please email [email protected] for assistance.

Subscription Support

If you require assistance
with your Subscription, please check the FAQ where we have answered some of the
most common questions. You can also reach out to us via the contact options
above.

 

If you are not satisfied
with the above Terms & Conditions, please do not proceed with your
subscription or use of our services as your continued use means you agree to,
and abide by these terms and conditions.

Our Privacy Policy,
along with any other terms and conditions that appear in or are linked to our
Website, also form part of these Terms of Use.

Last updated 12 January 2018.