TERMS AND CONDITIONS
Welcome http://www.mindfulyogaproject.com (our Site). This Site gives you an opportunity to browse and purchase products and services for female entrepreneurs offered by Mindful Yoga Project®.
These Terms and Conditions (Terms) govern your use of this Site, as well as Mindful Yoga Project’s® services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact mindful yoga project at [email protected] if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. Mindful Yoga Project’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Mindful Yoga Project® Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at [email protected]and immediately discontinue your use of the products and/or services.
GENERAL DISCLAIMER
3. All Mindful Yoga products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. Mindful Yoga Project® provides support, guidance and tools for you to utilize mindfulness and yoga in your classroom, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. You acknowledge and agree that Mindful Yoga Project, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
REGISTERING YOUR DETAILS
7. Before you purchase our products and/or services, you must register an account with us.
8. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
10. We may at any time request a form of identification to verify your identity.
11. If you are a registered user or member to this Site, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
c. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
d. You will immediately notify us if your Password is lost or becomes known to any other person
12. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
Any information you provide to us for posting or inclusion in our Mindful Yoga Project Community, at any time, becomes our property. To the extent that you provide personal information, Mindful Yoga Project will treat such information strictly in accordance with its Privacy Policy
13. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.
14. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.YOUR OBLIGATIONS
15. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Mindful Yoga Project®) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Mindful Yoga Project® Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b.Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c.Information that includes personal or identifying information about another person without that person’s consent.
d.Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f.Any material, non-public information about companies without authorization to do so.
g.Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
16. By posting or otherwise publishing Your Content on our Site or Mindful Yoga Project Community, you:
a.Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licenses;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
17. We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.CODE OF CONDUCT
18. Our Site and Mindful Yoga Project® Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
19. Whilst using this Site and/or our Mindful Yoga Project® Community, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b.Collect personal data about other users for commercial or unlawful purposes.
c.Infringe other user’s privacy rights.
d.Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
g. Please see our Mindful Yoga Project® Community Guidelines in the appendix to these Terms for more information.CONFIDENTIALITY
20. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Mindful Yoga Project®’s product and/or services participants (Participants) and representatives of Mindful Yoga Project® That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
a.Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
b. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
c.That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
d.While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.COPYRIGHT AND TRADE MARK NOTICES
21. All material on this Site, in our Mindful Yoga Project® Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
22. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
23 The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Mindful Yoga Project. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Mindful Yoga Project®, in any manner that is likely to cause confusion with customers, or in any manner that disparages Mindful Yoga Project®.
24. Nothing contained on this Site or in our Mindful Yoga Project® Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
25. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Mindful Yoga Project® will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO SUSPEND, TERMINATE AND REFUND
26. We reserve the right to suspend or terminate your use of the Site, the Mindful Yoga Project® Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
27. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Mindful Yoga Project® Community, whether accessed by you or not, unless we are in breach of the American Consumer Law
LIABILITY IS LIMITED
28. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the American Consumer Law.
29. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Mindful Yoga Project® Community or Our Content.
30. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon this Site Mindful Yoga Project® Community or Our Content.
31. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.
c. Accessing websites or servers maintained by other organizations through links on our Site, Mindful Yoga Project® Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
YOUR INDEMNITY
32. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Mindful Yoga Project® Community or through use of our products or services.
AFFILIATE DISCLOSURE
33. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Mindful Yoga Project® Community.
NO ASSIGNMENT
34. You cannot transfer or assign your Mindful Yoga Project® membership without Mindful Yoga Project®’s prior written consent.
a. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
DISPUTE RESOLUTION
35. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
36. In the case of claims against us, all notices are to be provided to [email protected]
37. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
38. Once a mediator is appointed, the parties agree that:
a. The costs of the mediator shall be borne equally between the disputing parties.
b. The chosen mediator shall determine the procedures for mediation.
c. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
39. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
40. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
41. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
43. This clause survives termination of these Terms.
APPLICABLE LAW
44. These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.
YOUR FEEDBACK
45. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
46. If you have questions or comments regarding this Site, or Mindful Yoga Project® products or services, please email us at [email protected]Company Details
Trading Name: Mindful Yoga Project
Country: America
Telephone Number: 315-404-4098
Email: [email protected]
APPENDIX
COMMUNITY GUIDELINES
Business owners of all levels are welcome here. We have community members of all skill and experience levels.
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
a. People of all levels are welcome here.
We have members of all skill and experience levels
b. Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
c. No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
d. No gated content
Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
e. Respect confidentiality
Content gathered in our Mindful Yoga Project® Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
f. Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
g. Partnering with other members
Access to this group does not mean that I Mindful Yoga Project® endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
h. Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
i. Breaking the rules
If you are deemed to be breaking the rules of the group, Mindful Yoga Project® reserves the right to remove you from the Facebook group that the offending behavior has occurred within.DURATION OF SERVICES
47. Unless otherwise agreed between the parties in writing, our Program will commence on date of execution of this agreement and will run for a duration of 30 days after the submission of the final required questionnaire (Duration) provided that all the required information is provided to us in a prompt manner. Nothing in this clause prohibits the recovery of any outstanding fees payable by you to us.
GENERAL DISCLAIMER
48. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counselling tailored to any specific business or industry. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide
49.We are committed to providing all participants in the Program with a positive experience, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
50. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your business specifically. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary.
51. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
52. You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services.
53. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and services and privacy policy available on our website.
EARNINGS AND INCOME DISCLAIMER
54. We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any activity and agree there is no guarantee that you will earn any money or reach your goals as a result of your purchase of or participation in our Services.
55. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.
YOUR OBLIGATIONS
56. During the provision of the Services you must:
a. give your full attention to the Services during this time;
b. complete all activities required by us promptly
c. be respectful to our staff and other participants of the Program;
d. keep us informed of any medical health or personal circumstances that may interfere with the Services;
e.be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and honor the relationship between you and us, by being direct, truthful and open so we can work together.
g. You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.
IDENTIALITY
57. We respect your confidential and proprietary information, logins, database contact information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other participants in the Program (Participants) and the rights of Mindful Yoga Project® and its representatives.
58. ou agree:
a. that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
b.not to disclose such information to any other person or use it in any manner other than in discussion with Participants;
c. that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us;
d. that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
e. While you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
f. You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent
.COPYRIGHT AND TRADE MARK NOTICES
59. All material delivered by us to you in the Program including (but not limited to) content, documents, templates, text, videos, graphics and information architecture (Our Content), is subject to copyright.
60. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Otherwise, all materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorized by us.
61.The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.
62.Modification of Our Content for any other purpose is also a violation of our copyright, trade marks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.
63. You acknowledge that you do not acquire any ownership rights by using Our Content.
64. All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.
65. Our intellectual property may not be used in connection with any product or service that does not belong us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
66. Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
67. You agree that damages may be an inadequate remedy to a breach of this Agreement and acknowledge that we will be entitled to seek injunctive relief against you if such steps are necessary to prevent violations of our intellectual property rights.
68. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to Mindful Yoga Project® and extends to such use without restriction or limitation as to time or geographic boundary.
69. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Mindful Yoga Project® for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined by Mindful Yoga Project® You understand that Mindful Yoga Project® owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
NO REFUNDS OR CANCELLATIONS
70. To the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Services, including where you have been given access to Our Content whether accessed by you or not.
71. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.
LIABILITY IS LIMITED
72. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the American Consumer Law.
73. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon the Services, the Site, or Our Content.
74. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);
b. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
c. accessing websites or servers maintained by other organizations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and
d. the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
YOUR INDEMNITY
75. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through use of our Services. AFFILIATE DISCLOSURE
76. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from the Site.
DISPUTE RESOLUTION
77. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
78. In the case of claims against us, all notices are to be provided to us in writing.
79. If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
80.Once a mediator is appointed, the parties agree that:
a. the costs of the mediator shall be borne equally between the disputing parties;
b. the chosen mediator shall determine the procedures for mediation; and
c. the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
d. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
e. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
f. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
g. This clause survives termination of this Agreement. APPLICABLE LAW
81. This Agreement shall be construed in accordance with and governed by the laws of the State of South Australia. You consent to the non-exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.
YOUR FEEDBACK
82. We welcome enquiries or feedback on the Program. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments on our Services, please contact us. © Mindful Yoga Project (2020). All rights reserved.
Welcome http://www.mindfulyogaproject.com (our Site). This Site gives you an opportunity to browse and purchase products and services for female entrepreneurs offered by Mindful Yoga Project®.
These Terms and Conditions (Terms) govern your use of this Site, as well as Mindful Yoga Project’s® services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact mindful yoga project at [email protected] if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. Mindful Yoga Project’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Mindful Yoga Project® Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at [email protected]and immediately discontinue your use of the products and/or services.
GENERAL DISCLAIMER
3. All Mindful Yoga products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4. Mindful Yoga Project® provides support, guidance and tools for you to utilize mindfulness and yoga in your classroom, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
6. You acknowledge and agree that Mindful Yoga Project, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
REGISTERING YOUR DETAILS
7. Before you purchase our products and/or services, you must register an account with us.
8. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
10. We may at any time request a form of identification to verify your identity.
11. If you are a registered user or member to this Site, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
c. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
d. You will immediately notify us if your Password is lost or becomes known to any other person
12. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
Any information you provide to us for posting or inclusion in our Mindful Yoga Project Community, at any time, becomes our property. To the extent that you provide personal information, Mindful Yoga Project will treat such information strictly in accordance with its Privacy Policy
13. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.
14. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.YOUR OBLIGATIONS
15. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Mindful Yoga Project®) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Mindful Yoga Project® Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b.Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c.Information that includes personal or identifying information about another person without that person’s consent.
d.Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f.Any material, non-public information about companies without authorization to do so.
g.Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
16. By posting or otherwise publishing Your Content on our Site or Mindful Yoga Project Community, you:
a.Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licenses;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
17. We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.CODE OF CONDUCT
18. Our Site and Mindful Yoga Project® Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
19. Whilst using this Site and/or our Mindful Yoga Project® Community, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b.Collect personal data about other users for commercial or unlawful purposes.
c.Infringe other user’s privacy rights.
d.Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
g. Please see our Mindful Yoga Project® Community Guidelines in the appendix to these Terms for more information.CONFIDENTIALITY
20. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Mindful Yoga Project®’s product and/or services participants (Participants) and representatives of Mindful Yoga Project® That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
a.Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
b. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
c.That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
d.While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.COPYRIGHT AND TRADE MARK NOTICES
21. All material on this Site, in our Mindful Yoga Project® Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
22. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
23 The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Mindful Yoga Project. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Mindful Yoga Project®, in any manner that is likely to cause confusion with customers, or in any manner that disparages Mindful Yoga Project®.
24. Nothing contained on this Site or in our Mindful Yoga Project® Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
25. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Mindful Yoga Project® will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO SUSPEND, TERMINATE AND REFUND
26. We reserve the right to suspend or terminate your use of the Site, the Mindful Yoga Project® Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
27. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Mindful Yoga Project® Community, whether accessed by you or not, unless we are in breach of the American Consumer Law
LIABILITY IS LIMITED
28. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the American Consumer Law.
29. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Mindful Yoga Project® Community or Our Content.
30. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon this Site Mindful Yoga Project® Community or Our Content.
31. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.
c. Accessing websites or servers maintained by other organizations through links on our Site, Mindful Yoga Project® Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
YOUR INDEMNITY
32. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Mindful Yoga Project® Community or through use of our products or services.
AFFILIATE DISCLOSURE
33. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Mindful Yoga Project® Community.
NO ASSIGNMENT
34. You cannot transfer or assign your Mindful Yoga Project® membership without Mindful Yoga Project®’s prior written consent.
a. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
DISPUTE RESOLUTION
35. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
36. In the case of claims against us, all notices are to be provided to [email protected]
37. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
38. Once a mediator is appointed, the parties agree that:
a. The costs of the mediator shall be borne equally between the disputing parties.
b. The chosen mediator shall determine the procedures for mediation.
c. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
39. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
40. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
41. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
43. This clause survives termination of these Terms.
APPLICABLE LAW
44. These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.
YOUR FEEDBACK
45. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
46. If you have questions or comments regarding this Site, or Mindful Yoga Project® products or services, please email us at [email protected]Company Details
Trading Name: Mindful Yoga Project
Country: America
Telephone Number: 315-404-4098
Email: [email protected]
APPENDIX
COMMUNITY GUIDELINES
Business owners of all levels are welcome here. We have community members of all skill and experience levels.
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
a. People of all levels are welcome here.
We have members of all skill and experience levels
b. Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
c. No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
d. No gated content
Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
e. Respect confidentiality
Content gathered in our Mindful Yoga Project® Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
f. Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
g. Partnering with other members
Access to this group does not mean that I Mindful Yoga Project® endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
h. Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
i. Breaking the rules
If you are deemed to be breaking the rules of the group, Mindful Yoga Project® reserves the right to remove you from the Facebook group that the offending behavior has occurred within.DURATION OF SERVICES
47. Unless otherwise agreed between the parties in writing, our Program will commence on date of execution of this agreement and will run for a duration of 30 days after the submission of the final required questionnaire (Duration) provided that all the required information is provided to us in a prompt manner. Nothing in this clause prohibits the recovery of any outstanding fees payable by you to us.
GENERAL DISCLAIMER
48. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counselling tailored to any specific business or industry. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide
49.We are committed to providing all participants in the Program with a positive experience, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
50. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your business specifically. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary.
51. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
52. You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services.
53. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and services and privacy policy available on our website.
EARNINGS AND INCOME DISCLAIMER
54. We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any activity and agree there is no guarantee that you will earn any money or reach your goals as a result of your purchase of or participation in our Services.
55. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.
YOUR OBLIGATIONS
56. During the provision of the Services you must:
a. give your full attention to the Services during this time;
b. complete all activities required by us promptly
c. be respectful to our staff and other participants of the Program;
d. keep us informed of any medical health or personal circumstances that may interfere with the Services;
e.be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and honor the relationship between you and us, by being direct, truthful and open so we can work together.
g. You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.
IDENTIALITY
57. We respect your confidential and proprietary information, logins, database contact information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other participants in the Program (Participants) and the rights of Mindful Yoga Project® and its representatives.
58. ou agree:
a. that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
b.not to disclose such information to any other person or use it in any manner other than in discussion with Participants;
c. that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us;
d. that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
e. While you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
f. You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent
.COPYRIGHT AND TRADE MARK NOTICES
59. All material delivered by us to you in the Program including (but not limited to) content, documents, templates, text, videos, graphics and information architecture (Our Content), is subject to copyright.
60. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Otherwise, all materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorized by us.
61.The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.
62.Modification of Our Content for any other purpose is also a violation of our copyright, trade marks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.
63. You acknowledge that you do not acquire any ownership rights by using Our Content.
64. All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.
65. Our intellectual property may not be used in connection with any product or service that does not belong us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
66. Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
67. You agree that damages may be an inadequate remedy to a breach of this Agreement and acknowledge that we will be entitled to seek injunctive relief against you if such steps are necessary to prevent violations of our intellectual property rights.
68. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to Mindful Yoga Project® and extends to such use without restriction or limitation as to time or geographic boundary.
69. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Mindful Yoga Project® for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined by Mindful Yoga Project® You understand that Mindful Yoga Project® owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
NO REFUNDS OR CANCELLATIONS
70. To the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Services, including where you have been given access to Our Content whether accessed by you or not.
71. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.
LIABILITY IS LIMITED
72. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the American Consumer Law.
73. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon the Services, the Site, or Our Content.
74. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);
b. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
c. accessing websites or servers maintained by other organizations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and
d. the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
YOUR INDEMNITY
75. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through use of our Services. AFFILIATE DISCLOSURE
76. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from the Site.
DISPUTE RESOLUTION
77. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
78. In the case of claims against us, all notices are to be provided to us in writing.
79. If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
80.Once a mediator is appointed, the parties agree that:
a. the costs of the mediator shall be borne equally between the disputing parties;
b. the chosen mediator shall determine the procedures for mediation; and
c. the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
d. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
e. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
f. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
g. This clause survives termination of this Agreement. APPLICABLE LAW
81. This Agreement shall be construed in accordance with and governed by the laws of the State of South Australia. You consent to the non-exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.
YOUR FEEDBACK
82. We welcome enquiries or feedback on the Program. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments on our Services, please contact us. © Mindful Yoga Project (2020). All rights reserved.
