TERMS AND CONDITIONS OF YOGA LIVE AND YOGA LIVE PREGNANCY:
- These terms and conditions are for the use of Yoga LIVE Facebook page, and the use of the live-streamed or pre-recorded yoga sessions of Yoga LIVE and Yoga LIVE Pregnancy.
- All references to “Yoga LIVE”, “We”, or “Us” or “Our” are references to or include Helen Sian India and any staff, contractors or other persons providing live-streamed yoga and exercise workouts or other authorized live-streamed services for or on behalf of Yoga LIVE and Yoga LIVE Pregnancy.
- By selecting “I accept” or accessing and participating in the sessions, you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate in Yoga LIVE or Yoga LIVE Pregnancy and you agree to be personally bound by these Terms and Conditions, including any changes or modifications made to these Terms and Conditions from time to time, according to the laws of New Zealand.
- Users of Yoga LIVE and Yoga LIVE Pregnancy are referred to below as “members”, “clients”, “customers” or “you” or “I”.
1. YOUR MEMBERSHIP TO YOGA LIVE OR YOGA LIVE PREGNANCY ENTITLES YOU THE FOLLOWING:
a. Helen Sian India, head teacher and owner or Yoga LIVE and Yoga LIVE Pregnancy, will (subject to the variations set out below) offer participants with three live-streamed yoga sessions, each week, based on the schedule posted online. Additional yoga and exercise sessions may be provided at any time at the sole discretion of Yoga LIVE and Yoga LIVE Pregnancy.
b. Upon paying the appropriate membership fee and accepting our terms and conditions of participation, the member shall be given access to the private Yoga LIVE or Yoga LIVE Pregnancy Facebook group along with live yoga sessions for the period covered by the membership fee, which shall be for one, three, six or twelve months starting from the date of the chosen subscription. The membership will continue to be repeated, along with payment, until the member cancels the membership.
2. POSSIBLE VARIATIONS TO SCHEDULED LIVE-STREAMED YOGA SESSIONS:
a. Helen Sian India and Yoga LIVE and Yoga LIVE Pregnancy reserves the right to amend the scheduled days and times of the live-streamed yoga sessions. In the event of a public holiday, Helen Sian India reserves the right to miss a live session.
b. In the event of injury or illness, Helen Sian India will aim to arrange for an experienced teacher to provide a live-streamed yoga session as a substitute for Helen Sian India.
c. If for any reason the three yoga sessions cannot be provided within the week, Helen Sian India and Yoga LIVE and Yoga LIVE Pregnancy reserves the right to substitute a live yoga session with a pre-recorded yoga session.
d. Internet connection or technical difficulties issues may mean that yoga sessions start later than the scheduled time, although Helen Sian India endeavours to ensure all live yoga sessions start at the pre-scheduled time.
3. CONDITIONS OF PARTICIPATION IN YOGA LIVE AND YOGA LIVE PREGNANCY SESSIONS:
By participating in Yoga LIVE and Yoga LIVE Pregnancy yoga sessions or in conversations between us and you, or generally among Yoga LIVE and Yoga LIVE Pregnancy members, you acknowledge and accept that:
a. The yoga sessions provided by Yoga LIVE and Yoga LIVE Pregnancy are a mix of Hatha and Vinyasa yoga styles. You are solely responsible for ensuring you have a sufficient degree of fitness and physical capability to participate in this exercise format, and/or to seek professional advice from a medical professional if you are unsure.
b. If experiencing any unusual pain or discomfort during any Yoga LIVE or Yoga LIVE Pregnancy yoga sessions members should cease the program and gain advice from a medical professional or physiotherapist before continuing with Yoga LIVE and Yoga LIVE Pregnancy sessions.
d. Yoga LIVE and Yoga LIVE Pregnancy shall not be legally responsible for or bear any legal liability for any harm or injury suffered by any participant as a result of their participation in Yoga LIVE or Yoga LIVE Pregnancy yoga sessions, and shall not accept any claim for compensation or reimbursement of medical costs associated with this.
e. To the extent any other legal claim is otherwise permitted by law and is established against us, our total liability in respect of all claims in connection with any services provided by Yoga LIVE and Yoga LIVE Pregnancy shall be limited to the total sum of any membership fees paid by you that relate to the cause of action established.
f. You shall be bound by and observe the conditions and restrictions of use or sharing of Yoga LIVE and Yoga LIVE Pregnancy yoga sessions and associated intellectual property as set out in Clause 4.
4. CONDITIONS OF, AND RESTRICTIONS AGAINST, USE OR SHARING OF YOGA LIVE AND YOGA LIVE PREGNANCY YOGA SESSIONS AND ASSOCIATED INTELLECTUAL PROPERTY
a. The name “Yoga LIVE and Yoga LIVE Pregnancy” and all live-streamed or uploaded recordings of yoga sessions produced by Yoga LIVE and Yoga LIVE Pregnancy are the intellectual property of Helen Sian India and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by Helen Sian India and Yoga LIVE and Yoga LIVE Pregnancy.
b. All Yoga LIVE and Yoga LIVE Pregnancy, live or pre-recorded yoga sessions are for your personal use. Yoga LIVE and Yoga LIVE Pregnancy authorises within the meaning of personal use, sharing and participating in Yoga LIVE and Yoga LIVE Pregnancy sessions with other members of your immediate family or, within reasonable limits, sharing and participating in Yoga LIVE and Yoga LIVE Pregnancy yoga sessions with friends who are present with you at a private residential dwelling, for the purposes of participating in a live yoga session with you. Personal use does not include broadcasting or sharing the yoga session among large groups or public audiences, or in any online group or forum whether public or private, unless you have the express prior written consent of Helen Sian India.
c. You must not use, share, or re-post Yoga LIVE and Yoga LIVE Pregnancy material in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of Helen Sian India.
5. MARKETING AND PRIVACY
a. You accept that Yoga LIVE and Yoga LIVE Pregnancy may re-post yoga sessions online in order to promote and encourage others to join the group, and that this shall not constitute a breach of your privacy by Yoga LIVE and Yoga LIVE Pregnancy.
b. Yoga LIVE and Yoga LIVE Pregnancy are online platforms and discussions, with sessions being live-streamed on Facebook, and members are able to share photos and post comments within the group. By participating in Yoga LIVE or Yoga LIVE Pregnancy, you accept that any posts or comments you make can be seen by all members of the group. Because of the way in which Facebook posts are published, you also accept that your comments may be visible to other Facebook users outside of the Yoga LIVE and Yoga LIVE Pregnancy groups.
c. Members and third parties are not permitted to advertise or market their products or services on Yoga LIVE and Yoga LIVE Pregnancy platforms without the express written consent of Helen Sian India.
d. Yoga LIVE and Yoga LIVE Pregnancy will use all reasonable endeavours outside of the circumstances in 5.a and 5.b to respect your individual privacy. Should we wish to use any specific information about you, including photos about your personal experience in Yoga LIVE or Yoga LIVE Pregnancy, or posts you publish in Yoga LIVE or Yoga LIVE Pregnancy as part of any wider online promotional or marketing activities, we will seek your permission.
5. CANCELLATION AND REFUNDS:
If you decide to cancel your membership early, you expressly acknowledge and accept that:
a. You are required to email [email protected] to express your interest of cancellation before the end of your current membership.
b. Members who wish to cancel their membership before the end of their membership may, at the sole discretion of Helen Sian India be offered a partial refund, or be permitted to transfer the membership to another individual. The member accepts that there shall be no entitlement to or expectation of a minimum level of refund and the participant should contact Helen Sian India to discuss their circumstances.
We may cancel your membership with immediate effect, if:
d. You breach any part of clause 4; or
e. You otherwise breach the terms and conditions of membership or commit an act that brings, or could bring the reputation of Yoga LIVE or Yoga LIVE Pregnancy into disrepute.
In the event we cancel your membership in accordance with these terms and conditions, refunds will be at the sole discretion of Helen Sian India.
6. EXTRA SERVICES AND PRODUCTS OF YOGA LIVE AND YOGA LIVE PREGNANCY:
a. The information provided is based on Helen Sian India’s personal experience, guidance from a registered dietician when applicable and Helen Sian India’s experience as a Personal Trainer REPs, Yoga Teacher RYT200 and through Prenatal and Antenatal Pregnancy Yoga training. Any recommendations made about nutrition or lifestyle, or information provided to you on this website or during the Yoga LIVE and Yoga LIVE Pregnancy extra services and products (i.e. challenges) should be discussed between you and your doctor. The information you receive in Yoga LIVE and Yoga LIVE Pregnancy emails, programs, services and products do not take the place of professional medical advice.
b. We expressly disclaim responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any material provided to you as the client.
c. Individual results are not guaranteed and may vary.
d. We cannot and do not guarantee that you will attain a specific or particular result, and you accept the risk that results differ for each individual. The health, fitness, and nutrition success depends on each individual’s background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.