PERTH YOGA FOR EVERYBODY© 2019

ACN: 608 571 740

TERMS OF USE

Updated 10 August 2019

Previous Terms of Use updated 28 March 2019, viewable here.

One Race Pty Ltd trading as Perth Yoga for Everybody (“Perth Yoga for Everybody”, "us" or "we") provides the

 

and various related services and pages inclusive of official Perth Yoga for Everybody Media accounts, groups, email correspondence, other event platforms where we list our content, forms and activities, and any Perth Yoga for Everybody App pages we have or may release (collectively referred to herein as the "Websites") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you, including:

Agreements listed at (i), (ii) and (iii) along with the Terms of Use are individually and collectively referred to hereinafter as the “Terms”.

 

In addition, when using particular services or materials on the Websites, or when attending events that we or our associates organise, users shall be subject to any posted rules applicable to such events, services or materials that may contain terms and conditions in addition to those contained in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Where a provision in these Terms of Use is inconsistent with any provision contained in other guidance and rules published by us that comprise all the Terms, then the guidance and rules outlined in the other guidance and rules, comprising the Terms shall prevail. Any terms in these Terms of Use are considered severable from the remainder of terms presented here if found to be inconsistent with other agreements that comprise the Terms, or if found to be void for any reason.

All content, information, views and/or opinions expressed on or within the Websites, event listings and social media pages of Perth Yoga for Everybody belong to the individual(s) authoring that content, and do not necessarily reflect the official policy or position of Perth Yoga for Everybody.

 

All rights reserved. All content including text, photos and logos are copyright @ 2017-2019 Perth Yoga for Everybody

 

 

1. Acknowledgment and Acceptance of Terms

BY USING THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE WEBSITES NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITES, IS TO STOP USING THE WEBSITES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITES.

 

We expressly reserve the right to change the Terms from time to time, without notice to you. You acknowledge and agree that it is your responsibility to review the Websites and the Terms from time to time and to familiarise yourself with any modifications. Your continued use of the Websites after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated organisations, officers, directors, suppliers, partners, associates, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Websites and/or its contents.

2. Description of Services

We make various services available on the Websites including, but not limited to, providing; Yoga classes and instruction services, a booking platform, payment platform, informative content, and searchable directory of our activities, teachers and those of our Affiliates. These services are available for participants in the Yoga, wellness, sporting or event organising industries. You are responsible for providing, at your own expense, all equipment necessary to use the services, including, but not limited to, a Yoga mat, block, strap and blanket, appropriate lose clothing and a computer, modem, and Internet access (including payment of all fees associated with such access) to access our Websites to book.

We reserve the sole right to either modify or discontinue the Websites, including any of the Websites’ features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Websites shall also be subject to the Terms of Use and all other agreements comprising the Terms.

3. Registration Data and Privacy

In order to access some of the services on the Websites, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"). In addition, you will need to submit a Liability Waiver and Registration form before the first occasion you attend, which also requests Registration Data. This is a requirement of reedeming your ticket. You agree to maintain and update your Registration Data as required. This data may include details including your name, date of birth, address, phone number, email, next of kin contact details and names of any minors that you want to book for on their behalf. You will also get the chance to apply for concession discounts by providing us with additional optional information, also comprising the Registration Data, such as a picture of your concession ID card and it's expiry date to prove eligibility for financial assistance.

We do not request or store medical data on you and the risks and liabilities stemming from practicing Yoga in our classes are outlined in our Liability Waiver and Registration Form. We may however ask you or give you a chance to submit optional information about your prior experience practicing Yoga, any personal circumstances or notable medical conditions (including pregnancy), illnesses or injuries that may effect your participation at our events. Providing us this information in such instances is encouraged to allow us to better serve you where possible and to keep that channel open for you in the management of your own health and well-being. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You grant us the right to disclose to trusted third parties, certain Registration Data about you so we can process our transactions and deliver our services to you. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Websites, conducting our business, or servicing you, so long as those parties agree to keep this information confidential in line with our Privacy Policy. One of these trusted third parties is Social Technology Limited trading as ‘Yoga Request’, who, as at the date of this policy, has a partner arrangement in place with us to promote our activities, facilitate transactions, booking and administration functions.

The information we obtain through your use of the Websites, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Children under the age of 18 are not eligible to register for an account at the Websites but can attend certain Yoga classes if they are 7 years of age or older and a parent or legal guardian of the minor signs up as a user of the Websites and registers the minor on their waiver, on their behalf. If you are under the age of 18 but older than 7 years of age (a Minor), a parent or legal guardian must use our Websites to book and attend class with you or provide a consent letter for another adult to be responsible for you. We do not contact, promote to or deal with Minors directly. By registering to use our Services, you affirm that you are over the age of 18.

4. Conduct on Site

 

Your use of the Websites is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Websites. By posting information in or otherwise using any communications service, online chat, user generated comments, or other interactive service that may be available to you on or through the Websites, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;

 

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party; or

 

f. impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Websites. We can (and in some cases will) pre-screen, monitor, or edit the content posted by users of communications services, online chat, user generated comments, user generated recipes, or other interactive services that may be available on or through the Websites. We and our agents have the right at our/their sole discretion to remove any content that, in our/their judgment, does not comply with the Terms and any other rules of user conduct for our Websites, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Websites infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Not all areas of the Websites may be available to you or other authorised users of the Websites. You shall not interfere with anyone else's use and enjoyment of the Websites or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Websites without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Conduct in Class

Please ensure you arrive at least 10 minutes prior to the start of class for check-in. Late arrivals and users who have not signed the Liability Waiver and Registration Form, will not be permitted to redeem their ticket. In such an instance you must refer any queries to bookings@perthyoga.org and nominate another class to attend, subject to meeting the same conditions.

Some of our classes have children in attendance, so we ask that you make your commentary and language use appropriate for minors when relevant. We ask that you respect your own body and the private space of others by showing courteousy and respect for your teachers and fellow students. Not withstanding the disclaimers in these Terms, we may deal with complaints promptly and initiatite responses including following up with the parties involved, whe approriate to do so and requested, to do so by other users. The following behavoirs are not tolerated by users immediately prior to, during or immediately after class: Behavoir that

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or

c. is sexually advancing to another participant, constitutes romantic persuit, petting, courting, touching another participant with intimate intention, wooing or sexual solicitation of any kind.

We ask that you maintain the integrity of this code of conduct outlined in the above provisions when attending class, so that all participants can be assured of a safe place to practice Yoga and to uphold the integrity of the discipline of Yoga and the services we deliver to you.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Websites without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of conduct when attending class including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Third Party Sites and Information

The Websites may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Whilst it is never our intention, these sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Websites or party by us, or any warranty of any kind, either express or implied.

7. Intellectual Property Information

The Websites contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with this paragraph and any copyright notice, which forms part of these terms and conditions.

Submitted content becomes the property of Perth Yoga for Everybody to use as it sees fit, as controlled by Australian Copyright Law.

For the purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Websites. This includes all user generated content, chat, and other original content.

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Websites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Perth Yoga for Everybody and/or its Affiliates unless stated otherwise. You are only permitted to use the content as expressly authorised by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Websites in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Websites. Any unauthorised use of the materials appearing on the Websites may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Websites will not infringe the rights of third parties. See "Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Websites infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, images, icons, logos and service names are registered trademarks, trademarks or service marks of Perth Yoga for Everybody. All other trademarks or service marks are property of their respective owners. All trade marks reproduced in the Websites which are not the property of, or licensed to, Perth Yoga for Everybody are acknowledged on the Websites. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Perth Yoga for Everybody.

By posting user generated comments (collectively referred to as "User Generated Content"), you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your User Generated Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.

By posting your User Generated Content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Use. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorised to disclose. We caution you not to disclose personal information about yourself or your children, such as tax file numbers, credit card numbers, etc.

You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to User Generated Content, any content you supply, or your violation of the Terms or the rights of another.

8. Unauthorised Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to the Websites or to us, whether by electronic mail, post, user generated content or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing beforehand. We are also unable to accept your unsolicited ideas or proposals without prior consultation, so please do not submit them to us unless we have requested in writing that you do so.

We respect the intellectual property of others, and we ask you to do the same.

9. Disclaimer of Warranties

ALL MATERIALS, PRODUCTS AND SERVICES ON THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE WEBSITES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE WEBSITES, INCLUDING THE AVAILABILITY AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE WEBSITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Content available through the Websites, in some cases, might represent the opinions and judgments of an information provider, user of our Websites, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statements made by anyone other than an authorised Perth Yoga for Everybody spokesperson speaking in his/her official capacity.

 

You understand and agree that temporary interruptions of the services available through the Websites may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Websites, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on the Websites are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings.

10. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITES.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account and to chose a password that does not contain personally identifying words or numbers, such as your name or date of birth. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

You must: (a) log off from your account at the end of each session on our Websites; and (b) notify us immediately of any unauthorised use of your username and password or any other breach of security.

13. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Websites, either directly or through a third-party provider. We make available separate supplemental agreements characterising the relationship between you and us that, except where expressly noted or contradictory, includes these Terms of Use and the Terms.

We have the ability to inspect private online Communications and remove users if violations of the Terms occur. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communication. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

We no longer respond to or send confidential communications using Facebook, Messenger, WhatsApp, Google+ or any such affiliated services. This is to allow us to be able to protect the contents of our communications in line with our Privacy Policy. Users that message us using these services will receive an auto-response directing them to forward their query to us by email.

Mailboxes that we may provide on the Websites may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

14. International Use

Although the Websites may be accessible worldwide, we make no representation that materials on the Websites are appropriate or available for use in locations outside of Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Websites is void where prohibited.

15. Termination of Use

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Websites with or without notice and for any reason, including, without limitation, breach of the Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and may be referred to the appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Websites immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar you from any further access to such files or the Websites. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. In the rare instance that your account is terminated, you will no longer be permitted to attend our Yoga events.

16. Governing Law

The Websites (excluding any linked sites) is controlled by us from our offices within Western Australia. They can be accessed from all Australian states, as well as from other countries around the world. As each of these places has laws that may differ from those of Western Australia, by accessing the Websites both of us agree that the statutes and laws of Western Australia, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Websites and the download of products and services available through the Websites. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Western Australia with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Perth Yoga for Everybody Website at info@perthyoga.org. In addition, we may broadcast notices or messages through the Websites or by email to inform you of changes to the Websites or other matters of importance.

18. Entire Agreement

The Terms of Use are to be read in conjunction with the Liability Waiver and Registration Form, Refund and Cancellation Policy, Cookies Policy and Privacy Policy (“the Terms”) which collectively constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to by a written agreement signed by you and us. To the extent that anything in the Liability Waiver and Registration Form, is in conflict or inconsistent with these Terms of Use, the Liability Waiver and Registration Form shall take precedence. To the extent that anything else in or associated with the Websites is in conflict or inconsistent with these Terms of Use, the Terms of Use shall take precedence. If you are not able to access the hyperlinks in this document, please visit www.perthyoga.org/legal to view a current version of each agreement referred to herein.

19. Interaction on our Site and at our events

Perth Yoga for Everybody is not responsible for other users and their actions. If you get damaged or harmed in any way from the interaction with other users such as (but not limited to) through the use of words that you consider obscene, lascivious, filthy, violent, harassing or otherwise objectionable or any other dispute, or from coming into physical contact with another user at an event and experiencing the same, you release us (and our office, members, employees etc.) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Perth Yoga for Everybody reserves the right to safegaurd its assets and reputation, by investigating interactions and complaints received, where necessary. Any action taken by Perthy Yoga for Everybody to investigate and resolve matters arising between members is in no way, to be deemed as a waiver of the above provision or paragraph 15.

20. Miscellaneous

In any action to enforce the Terms, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Websites, or use of or access to the Websites. You may not create a link to the Websites from another website or document without Perth Yoga for Everybody's prior written consent.

You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under the Terms.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Websites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision.

21. Contact Information

Except as explicitly noted on the Websites, the services available through the Websites are offered by Perth Yoga for Everybody. If you notice that any user is violating these Terms of Use, please contact us at info@perthyoga.org.

 


[Copying or using any part of this document without written permission from Perth Yoga for Everybody is strictly prohibited]