TERMS and CONDITIONS
Updated January 2021
This agreement applies as between you, the User of this Website and Denise Payne Yoga, the owner(s) of this Website.
1. Age Restrictions
Denise Payne Yoga content is directed to persons eighteen (18) years and older. By accessing and using this Website you acknowledge and agree that you are representing to us that you are over the age of eighteen (18) and you are of legal age to form a legally binding contract. Persons under the age of eighteen (18) should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
1. Content & Intellectual Property
Denise Payne Yoga respects the intellectual property rights of others and we ask you do the same. The content available on the Website and the Services generally consists of content owned by Denise Payne Yoga.
You may not reproduce, copy, distribute, store, adapt, translate, prepare derivative works of, publicly reform and publicly display or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
2. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Denise Payne Yoga or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
3. Live Streaming
• Online, live-streamed yoga classes and workshops are held via Zoom Cloud Meeting App. You need a device with an internet connection to join the classes.
• Classes are LIVE and you may be seen or heard by other participants and teacher if you are not muted and if video is not off.
• Denise Payne Yoga does not guarantee connection.
• Denise Payne Yoga reserves the right to remove anyone entirely or mute without refund if deemed unsuitable, harmful to Denise Payne Yoga or to others..
4. Accounts
In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that: all information you submit is accurate and truthful; you have permission to submit Payment Information where permission may be required; and you will keep this information accurate and up-to-date.
5. Termination and Cancellation of Accounts
Denise Payne Yoga or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
6. Services, Pricing and Availability
Whilst every effort has been made to ensure that all general descriptions of Services available from Denise Payne Yoga correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
All prices on the Website include tax.
7. Orders and Provision of Services
No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between PT Yoga Barn and you.
If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
8. Cancellation of Orders and Services
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Denise Payne Yoga or by you.
9. How We Use Your Personal Information (Data Protection)
All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
We may use your personal information to:
Provide Our Services to you;
Process your payment for the Services; and
Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold your personal information accordingly.
We will not pass on your personal information to any other third parties without first obtaining your express permission.
10. Disclaimer of Warranties
You acknowledge and agree that the Websites and the Services are offered without warranties of any kind whatsoever by Denise Payne Yoga and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following:
Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis.
Denise Payne Yoga is not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Websites and/or the Services.
11. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
12. Availability of the Website
The Website is provided “as is” and on an “as available” basis. Denise Payne Yoga uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13. Limitation of Liability
To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
Health and Medical Concerns. The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.
You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.· After exercise do you frequently experience chest pains?
· Do you get dizzy when you exercise?
· Are you breathless after exercising?
· Do you take medication for high blood pressure?
· Do you have joint problems?
· Do you have a medical condition, which might need special attention when exercising, for example diabetes?
· Have you been physically active in the past?
· Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. Communications
All notices / communications shall be given to Us via email to denise@onesongyoga.com.
We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
15. International Use
Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from Indonesia or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.