terms of use

1           APPLICATION OF TERMS

1.1       These Terms apply to your access to and use of the Website and the Lessons.  By accessing and using the Website and/or the Lessons you agree to these Terms.

1.2       If you do not agree to these Terms, you are not authorised to access and use the Website or the Lessons, and you must immediately stop doing so. 

2           CHANGES

2.1       We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website and/or the Lessons, you agree to be bound by the changed Terms.

2.2       These Terms were last updated on 4th December 2015

3           DEFINITIONS

In these Terms:

including, e.g., and similar phrases do not imply any limit

Lessons includes the instructions accessed by or through the Website and any other online communication tool, in text, graphic and audio-visual form, including all graphics, content, information, forecasts, text, video, or visual images.  To avoid doubt, Lessons includes downloadable and streaming content

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Terms of Use as updated from time to time in accordance with these Terms

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means MYOGA Limited

Website means www.myogafreedom.com

You means you

4           YOUR OBLIGATIONS

4.1       You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information so that it remains true, current and complete.

4.2       If you are given a User ID, you must keep your User ID secure and:

a           not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b           immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to mail@myoga.co.nz

4.3       You must:

a           not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way may compromise, damage, or interfere with the Website, any Underlying System or the computers of other users; and

b           access the Website via standard web browsers only and not by any other method (e.g. scraping, deep-linking, harvesting, or any similar data gathering, extraction or monitoring method.

4.4       Before undertaking any Lesson, you must seek advice from a qualified healthcare professional to ensure that the Lessons are safe and appropriate for your level of fitness and health.  It is your sole responsibility to determine, on a continuing basis, whether it is safe for you to undertake or continue with any Lesson (whether in whole or in part).  If you have any reason to believe that it may be unsafe for you to undertake or continue with a Lesson, you must not undertake or continue with that Lesson.  If you are a female, you should:

a           avoid the Breath of Fire, Khapalabhati and Agni Sara breathing practices during menstruation; and

b           restrict your practice to the MYOGA Mamas series, and avoid the other MYOGA series, if you are pregnant or have recently been pregnant.

4.5       You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

5           FEES

5.1       You must pay any fee that applies to the use of the Website or access to, and use of, a Lesson, at the time and in the manner required by us.  You acknowledge and agree that our nominated payment agent may use your User ID or other personal information to advise us of the payment of any fee.

5.2       All fees payable under these Terms are, except as expressly stated otherwise, exclusive of all taxes (including goods and services tax or value added tax) levies or duties (together, tax).  You must pay any tax payable in respect of the purchase of Lessons or any other sale through the Website, in addition to the relevant fees.

5.3       We may increase the fees, and introduce new fees relating to the Website or Lessons, by notice in writing to you.  If you do not wish to pay the increased or new fees, you may terminate these Terms, provided the notice is received by us before the effective date of the fee increase.  If you do not terminate these Terms in accordance with this clause, you will be deemed to have accepted the increased and/or new fees.

6           INTELLECTUAL PROPERTY

6.1       We (and our licensors) own all proprietary and intellectual property rights in the Website and the Lessons (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6.2       Subject to you paying all applicable fees and complying with these Terms, we authorise you, on a non-exclusive and non-transferable basis, to use the Website and the Lessons:

a           for your own personal yoga practice; and

b           for lawful purposes and in a lawful manner.

6.3       Except to the extent permitted by these Terms, you must not:

a           use the Lessons for any purpose other than the purposes set out in clause 6.2;

b           remove any proprietary or other notice from the Website or the Lessons, including any of our branding;

c            sell, on-supply, rent, copy, sublicense, resell, display, distribute, publish, or broadcast (via the internet or otherwise), grant a security interest over, or otherwise transfer or make available a Lesson to any third party; or

d           modify, adapt, or create derivative works from the Lessons (or cause or permit any person to do so).

6.4       You acknowledge that the Website may link to, and the Lessons may include references to, third party resources, including websites or feeds that are connected or relevant to the Website or the Lessons.  Any link from the Website, or reference in a Lesson, to any third party resource does not imply any endorsement, approval or recommendation by us of that resource.  To the maximum extent permitted by law, we exclude all responsibility or liability for those third party resources.

6.5       If you believe any material available on or through the Website infringes your copyright or any other intellectual property rights, please contact us at the email address set out in clause 10.  Please include in that email your name, contact details and full details of the nature of your claim.

7           FORUMS, MESSAGE BOARDS AND FEEDBACK

7.1       The Website may include information or commentary provided by users or other third parties (together, third party content).  To the maximum extent permitted by law, we exclude all responsibility or liability for third party content. 

7.2       We are not responsible for monitoring, screening, reviewing or removing any third party content.  However, without prejudice to any right or remedy available to us, we may immediately and without notice remove any third party content (including any content provided by you) from the Website.

7.3       You must only use any forum, message board or comment function made available by or through the Website (together, forum) to send and receive information that properly relates to the Lessons.  In addition to your other obligations under these Terms, when accessing any forum, you must not:

a           advertise or offer to sell any goods or services, or distribute promotions, surveys, competitions or chain letters; or

b           use the forum or message board in a manner, nor transmit, input or store any data, that breaches any third party right (including intellectual property rights and privacy rights) or is objectionable, incorrect or misleading,

In this clause, objectionable includes being objectionable, defamatory, obscene, harassing, threatening or unlawful in any way.  We reserve the right to determine whether third party content is objectionable at our sole discretion.

7.4       If you provide us with ideas, comments or suggestions relating to the Lessons or the Website (together feedback):

a           all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us, and you waive all moral rights in the feedback that may be available to you in any part of the world; and

b           you agree that we may, subject to clause 7.5, use or disclose that feedback for any purpose. 

7.5       We may from time to time disclose your feedback in the form of testimonials, provided that we will not disclose your personal information unless we first obtain your consent to do so. You may request we remove or edit any testimonial that uses your personal information by contacting us using the details set out in our privacy policy (in clause 10).

8           DISCLAIMERS

8.1       We give no warranty in respect of the Website or the Lessons, which are provided as is.  Without limiting the previous sentence, we do not warrant that following a Lesson will achieve any particular result, or that the Website or Lessons are suitable for any particular purpose.  To the maximum extent permitted by applicable law, all implied conditions or warranties are excluded, including warranties of merchantability, fitness for purpose, title and non-infringement.

8.2       You acknowledge and agree that the Lessons are merely one resource which can be used by you to assist in your individual yoga practice, in conjunction with the advice of your qualified healthcare provider(s).  Nothing on the Website or in the Lessons is, or is intended to be, advice to be used in substitution for the advice of a qualified healthcare professional.

8.3       We make no representation or warranty that the Website or the Lessons are appropriate or available for use in all countries or that the content of the Website or the Lessons satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website and/or the Lessons is not illegal or prohibited, and for your own compliance with applicable local laws.  

9           LIABILITY

9.1       To the maximum extent permitted by law:

a           you access and use the Website and the Lessons at your own risk; and

b           we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Lessons or your access and use of (or inability to access or use) the Website or the Lessons.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

9.2       Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to the lesser of the fees paid by you for the Lessons the subject of the claim, or NZD100.

9.3       Despite any other provision of these Terms, we will not be liable to you in respect of any claim under or in connection with these Terms, the Website, or the Lessons unless you have notified us of that claim within 6 months of the event giving rise to that claim being reasonably discoverable.

9.4       We will not be liable to you for any failure to comply with these Terms or delay in complying with these Terms to the extent caused by:

a           events beyond our reasonable control; or

b           your actions or omissions. 

9.5       To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website or the Lessons, or your access and use of (or inability to access or use) the Website or the Lessons (including all claims for damage to property, personal injury or death), must not exceed the lesser of the fees paid by you for the Lessons the subject of the claim, or NZD100.  

10       PRIVACY POLICY 

10.1    You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make Lessons and/or certain sections of the Website available to you.  For example, we may need to have your contact information in order to send Lessons to you, and to provide you with updates from our Website. 

10.2    When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

10.3    The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

10.4    We may also collect technical information whenever you log on to, or visit the public version of, our Website.  This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer's hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

10.5    Generally, we do not disclose personal information to third parties for them to use for their own purposes.  However, some of the circumstances in which we may do this are:

a           to service providers and other persons working with us to make the Website and Lessons available or improve or develop functionality (e.g. we may use a third party supplier to host the Website or provide credit card payment processing services); or

b           where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

10.6    Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand.  This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

10.7    You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at mail@myoga.co.nz

11       SUSPENSION AND TERMINATION

11.1    Either party may terminate these Terms on no less than 30 days' prior notice to the other party.  If we terminate these Terms under this clause 11.1, we will refund to you any fess paid by you for Lessons that have not been made available to you.

11.2    Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website and/or the Lessons.  No refund is available where we exercise our right under this clause.

11.3    On suspension or termination, you must immediately cease using the Website and Lessons, and must not attempt to gain further access to the Website or the Lessons.

11.4    Termination of these Terms is without prejudice to any right or obligation of the parties accrued up to and including the date of termination.

12       GENERAL

12.1    If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.

12.2    No person other than you and us has any right to a benefit under these Terms or will have any right to enforce these Terms.

12.3    No provision of these Terms is to be construed against a party because the provision was proposed or drafted by that party.

12.4    In the event of any conflict or inconsistency between these Terms and the content of any Lesson, these Terms prevail.

12.5    You may not resell, assign, sublicense, or otherwise transfer or delegate your rights or obligations under these Terms without our prior written consent.

12.6    These Terms, and any dispute relating to these Terms, the Website, or the Lessons, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Website, or the Lessons. 

12.7    For us to waive a right under these Terms, the waiver must be in writing.

12.8    Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 7.4, 7.5, 8, 9, and 12.1, continue in force.

12.9    If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

12.10 These Terms set out everything agreed by the parties relating to your use of the Website and the Lessons and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.