Terms of Sale

Key Details

Your Responsibilities

What you must do. We require you to:

• Confirm that you are physically and mentally fit to participate in yoga activities
• Ensure you have a safe, clear, and suitable space to practice in
• Stay hydrated and keep water accessible during practice
• Listen to your body at all times and modify or stop exercises as needed
• Not push beyond your limits or attempt poses before you are ready
• Remove obstacles, use appropriate flooring (e.g., yoga mat), and minimise distractions
• Follow all guidance, cues, and safety instructions provided in the course
• Consult a medical professional before beginning the course if you have any injuries, medical conditions, or concerns
• Inform yourself of any personal limitations and practice within them at all times
• Comply with all applicable laws and these Terms

Where you are based overseas. Where you are based outside of Australia, it is your responsibility to ensure that the Products and Services ordered by you can be ordered, downloaded and used in the territory where you are based. We will not be responsible for any orders being confiscated or otherwise not permitted as a result of local laws in your area.

Refusal of service. We are committed to providing our products and/or services in a professional and ethical manner, however we reserve the right to refuse or discontinue service if:

• You do not comply with these Ts&Cs
• Providing the product or service would be unlawful, unethical or pose a risk to health or safety
• We reasonably believe that continuing the service would be inappropriate, unsafe, or contrary to our professional obligations

Where practicable and reasonable, we may at our discretion provide you with written notice of the reason for refusal or discontinuation.

Fees & Payment Terms

Orders subject to availability. All orders placed are subject to our acceptance and product availability. A contract for sale is only formed once we confirm acceptance of your order in writing or by fulfilling the order. If a product or service is unavailable after an order is placed, we will notify you as soon as practicable and provide you with the option to receive a refund, select an alternate product or service, or wait for availability.

Fees. The fees for our Products and Services are as set out on the Website or otherwise provided by us in writing from time to time. All fees are quoted in Australian dollars. Where GST is payable, it will be added to the applicable fee. We reserve the right to change our fees at any time upon notice to you. If you are based outside of Australia, you are responsible for all customs and import taxes and duties imposed on your orders.

Payment. Our payment terms vary depending on the Products or Services that you buy. You agree to pay for the Products and Services in accordance with the relevant payment terms notified to you from time to time.

Warranties

No limitation on your statutory rights. Subject to the Consumer Guarantees clause below, we make no express warranties or representations other than as set out in this clause and we exclude all liability to you. Nothing in the Terms excludes, restricts or modifies any terms, conditions or warranties imposed or implied by law.

Consumer guarantees. Our Products and Services come with guarantees that cannot be excluded under the ACL. For major failures, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with Products. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time — if this is not done, you are entitled to a refund and to cancel the contract for the Service.

Refunds. Subject to consumer guarantees, we will only refund an order if we can't fill it, if we think it's reasonable to do so, or otherwise as agreed in writing. Please choose carefully, as refunds are not available if you simply change your mind.

Warranty. We warrant that the Services will be free from defects in materials and workmanship under normal use and, in the case of Products, up to the expiry or best before date indicated on such goods (if any) (the "Warranty Period").

Limitation of liability. If our Products and Services fail to comply with the warranties set out in this clause and a warranty claim is made within the Warranty Period, our liability is limited to (at our sole discretion): (a) in the case of goods, replacing the goods or supplying equivalent goods; (b) in the case of services, supplying the services again or paying the cost of supplying the services again.

Digital Product descriptions are not warranties. Digital Product descriptions are for the sole purpose of identifying products. They do not constitute a warranty.

No guarantee of outcomes. Health and wellness results vary depending on your personal health situation, environment and other factors. We do not make any representations or warranties as to results or outcomes as a result of using our Products and Services and/or following our advice or recommendations.

Consequential Loss. We are not liable for any Consequential Loss suffered by any person.

Your liability. You agree that if you breach these Terms, you will be responsible for the costs and expenses that we and our Associates incur as a result, including reasonable legal fees. We are not liable for any information being inaccurate or incomplete; any breach by you of these Terms; any misuse of the Products or Services; or any breach of other laws by you.

Intellectual Property Rights

Unless otherwise indicated, as between you and us, we own all right, title and interest (including Intellectual Property Rights) in any information provided to you in the delivery of our Products and Services. Your use of our Products and Services, and your submission of personal information to us, does not grant or transfer to you any rights in our Products or Services.

Confidentiality

Your use of the Products and Services is for personal purposes only. You agree not to distribute, publish, duplicate, copy, create, sell or share portions of the Products or Services, or use the Products or Services for any commercial purposes or for your own financial gain.

You also understand that certain Products and Services (for example e-books or other educational materials written by us) may contain information deemed confidential by us, and you agree not to disclose this information without our prior written consent. This limitation does not include sharing details of our Products and Services or recommendations with your primary care physician or other relevant healthcare providers — which we recommend you do.

General

Disclaimer. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. Any information or guidance provided by us is given within the scope of our expertise and is not intended to be a substitute for the consultation, diagnosis, and/or medical treatment of your doctor. You are strongly advised not to delay seeking medical advice, disregard medical advice or discontinue medical treatment because of the information or guidance we provide. Ultimately you are responsible for any decisions you make regarding your health.

Privacy. We collect, hold and store your personal information in accordance with our Privacy Policy, a copy of which can be found on our Website.

Force majeure. Neither Party will be liable to the other for any failure to perform its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including epidemics, pandemic, quarantine, biological contamination, entry and exit restrictions, industrial disputes, strikes, lockouts, lockdowns, acts of god, or acts or threats of terrorism or war ("Force Majeure"), provided such failure could not have been prevented by reasonable precautions. If an event of Force Majeure occurs, we may suspend or terminate an order or booking by written notice to you.

Exclusion of the Vienna Sales Convention. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) does not apply to the Terms or to any individual contract of sale concluded within the framework of the Terms.

Entire agreement. The Terms contain the entire understanding between the Parties concerning its subject matter and supersede all prior communications.

Governing law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The Parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Definitions

Products (Digital)

The following terms apply to your purchase of our Digital Products:

Services — Packages & Programs

The following terms apply when you order any online yoga class, package or program from us: