Updated 1 September 2020This agreement
applies as between you, the User of this Website and PT Yoga Barn Ltd, the
owner(s) of this Website. Your agreement to comply with and be bound by Clauses
1, 2, 4 – 11 and 15 – 28 of these Terms and Conditions is deemed to occur upon
your first use of the Website
and Third Parties i.e. Yoga Barn Zoom (YB Zoom) channel as an integration
platform for PT Yoga Barn content. Clauses 3 and 12 – 14 apply only to
the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop
using the Website and associated Third Parties immediately.
No part of this
Website is intended to constitute a contractual offer capable of acceptance.
Your order constitutes a contractual offer and Our acceptance of that offer is
deemed to occur upon Our sending a confirmation email to you indicating that
your order has been accepted.
In this Agreement
the following terms shall have the following meanings:
Account: means collectively
the personal information, Payment Information and credentials used by Users to
access Paid Content and / or any communications System on the Website;
Content: means any text,
graphics, images, audio, video, software, data compilations and any other form
of information capable of being stored in a computer that appears on or forms
part of this Website;
Facilities: means collectively
any online facilities, tools, services or information that PT Yoga Barn makes
available through the Website either now or in the future;
Services: means the services
available to you through this Website, specifically use of the PT Yoga Barn
proprietary e-learning platform such as yoga classes, live session workshops, courses and yoga teacher
trainings;
Payment
Information: means
any details required for the purchase of Services from this Website. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;
Premises: Means Our place(s)
of business located at address;
System: means any online
communications infrastructure that PT Yoga Barn Ltd makes available through the
Website either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
User
/ Users: means
any third party that accesses the Website and is not employed by PT Yoga Barn
and acting in the course of their employment;
Website: means
the website that you are currently using (www.yogabarnonline.com) and PT Yoga
Barn - Yoga Barn Online integrated Zoom
and Third party software accounts used within the course content provided on
the website.
We/Us/Our: means PT Yoga Barn, with
Company Registration No. 8120013100294., a company
registered in Indonesia having its registered address at Lingk.
Padangtegal Kelod, Ubud, Gianyar, Bali. and business address at Jln. Raya
Pengosekan, Ubud, Gianyar, Bali (“YB”).
PT Yoga Barn (Yoga Barn Online) 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. Registration, subscription,
access to and use of the Websites and the Services are not available to users
under the age of eighteen (18) and are void where prohibited by applicable law.
By accepting this Agreement during the sign-up process, you represent and
certify that you are legally able to enter into any and all purchase agreements
with PT Yoga Barn - Yoga Barn Online and
its partners, vendors, agents and service providers.
Payment Information must be provided by or with the
permission of an Adult.
If you wish
to report an account created for a person under the age of eighteen (18),
please contact us at support@yogabarnonline.com
These Terms and Conditions also apply to customers procuring
Services in the course of business.
PT Yoga Barn 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 (a) content owned by PT Yoga Barn , including
but not limited to the trademarks, trade dress and “look and feel” of the
Website and content created and owned by PT Yoga Barn (“YBO Content”), (b) content owned by
third parties and licensed to PT Yoga Barn for specified uses on the Websites and the
Services (“Third-Party Content”), and (c) content that may be posted
and/or otherwise uploaded to the Websites and/or the Services by you (“User
Content”). As between you and other Registered Users, however, the content
posted by other Registered Users is considered to be “Third-Party Content.” All
of the foregoing are collectively referred to as “Site Content.”
- 4.1 Subject
to the exceptions in Clause 5 of these Terms and Conditions, all YBO Content included
on the Website unless uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data compilations,
page layout, underlying code and software is the property of PT Yoga Barn, Our
affiliates or other relevant Third-Party Content. By continuing to use the
Website you acknowledge that such material is protected by applicable
International intellectual property and other laws.
- 4.2 Subject
to Clause 6 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.
- 5.1 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product
images and descriptions belong to the manufacturers or distributors of such products as may be
applicable.
- 5.2 Subject
to Clause 6 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 such material unless otherwise indicated on the Website, YB Zoom and other integrated Third Parties
and affiliates, or unless given express written permission to do so by
the relevant manufacturer or supplier.
Subject
to the terms and conditions of these Terms, PT Yoga Barn grants you a personal,
non-exclusive, non-assignable, non-transferable, revocable license to access
and use material from the Website, including a reasonable number of copies of
any content, material or software made available by PT Yoga Barn, for non-
commercial and personal use only. It may be re-used without written permission
where any of the exceptions detailed in Chapter III of the Copyright Designs
and Patents Act 1988 apply.
This Website may
contain links to other sites. Unless expressly stated, these sites are not
under the control of PT Yoga Barn 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.
Those
wishing to place a link to this Website on other sites may do so only to the
home page of the site www.yogabarnonline.com without Our prior permission. Deep
linking (i.e. links to specific pages within the site) requires Our express
written permission. To find out more please contact Us by email at support@yogabarnonline.com
The Websites and the Services may include
features that permit you to post User Content, which includes and applies to
(but is not limited to) content of your own, comments on the User Content
posted by other Registered Users, and communications with other Registered
Users. Such User Content includes but is not limited to information, data,
text, software, music, sound, photographs, graphics, video, messages, tags, or
other materials. You acknowledge and agree that you shall not use the Websites
and/or the Service to post or other transmit User Content that:
-
10.1 Is patently offensive and/or promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
- 10.2 Harasses or advocates harassment of another
person;
- 10.3 Exploits people in a sexual or violent manner;
- 10.4 Contains nudity, violence, or offensive subject
matter;
- 10.5 Solicits personal information from anyone under
the age of eighteen (18);
- 10.6 Provides any telephone numbers, street
addresses, last names or email addresses of anyone other than your own;
- 10.7 Promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- 10.8 Violates any intellectual property or other
proprietary right of any third party, including User Content that promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
- 10.9 Involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
- 10.10 Contains restricted or password only access
pages or hidden pages or images (those not linked to or from another accessible
page);
- 10.11 Furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- 10.12 Solicits passwords or personal identifying
information for commercial or unlawful purposes from other Members;
- 10.13 Involves commercial activities and/or sales
without our prior written consent, such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
- 10.14 Includes a photograph of another person that you
have posted without that person's consent or, in the case of children under the
age of eighteen (18), parental consent, or otherwise constitutes an invasion of
an individual's privacy or infringement of publicity rights; or
- 10.15 Contains a virus or other harmful component.
- 13.1 Either
PT Yoga Barn 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.
- 13.2 If
We terminate your Account, any current or pending orders or payments on your
Account will be cancelled and provision of Services will not commence.
- 14.1 Whilst
every effort has been made to ensure that all general descriptions of Services
available from PT Yoga Barn 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. Please refer to sub-Clause
15.8 for incorrect Services.
- 14.2 Where
appropriate, you may be required to select the required Plan of Services.
- 14.3 We
neither represent nor warrant that such Services will be available at all times
and cannot necessarily confirm availability until confirming your Order.
Availability indications are not provided on the Website.
- 14.4 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.
- 14.5 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.
- 14.6 All prices on the Website include tax.
-
15.1 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.
-
15.2 Order confirmations under sub-Clause 15.1 will be sent to you before the Services begin
and shall contain the following information:
-
15.2.1 Confirmation of the Services ordered including full details of the main
characteristics of those Services;
-
15.2.2 Fully itemised pricing for the Services ordered including, where appropriate,
taxes, delivery and other additional charges;
-
15.2.3 Relevant times and dates for the provision of the Services;
-
15.2.4 User credentials and relevant information for accessing those services.
- 15.3 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.
- 15.4 Payment for the Services shall be taken via
your chosen payment method, immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during
the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 15.5 PT Yoga
Barn shall use all Our reasonable endeavours to provide the Services with
reasonable skill and care, commensurate with best trade practice.
- 15.7 In
the event that Services are provided that are not in conformity with your order
and thus incorrect, you should contact Us immediately to inform Us of the
mistake. We will ensure that any necessary corrections are made within five (5)
working days.
Additional
terms and conditions may apply to the provision of certain Services. You will
be asked to read and confirm your acceptance of any such terms and conditions
when completing your Order.
- 15.8 PT Yoga Barn provides technical support
via our online support@theyogabarn.com
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 PT Yoga Barn or by you.
You may terminate your status as a Registered User and
cancel your account at any time and for any reason, by notifying us by email at
support@theyogabarn.com, but any such termination and cancellation will be
effective only after PT Yoga Barn has processed the request. If you cancel your
account prior to the expiration of your pre-paid subscription period, you will
forfeit the Fees paid for any unused portion of your subscription, which are
non-refundable. However, you will be able to continue viewing premium content
until the expiration of your current pre-paid subscription period. You also
acknowledge and agree that the cancellation of your account is your sole right
and remedy with respect to any dispute with PT Yoga Barn.
PT Yoga Barn reserves the right to suspend or terminate
your status as a Registered User, cancel your account, and disable your access
to the Websites and Services at any time, with or without notice to you, with
or without cause, and without liability to you. PT Yoga Barn shall have no
liability to you or any third party because of such suspension or termination
or related action for any reason except as follows: (a) If PT Yoga Barn elects
do so with cause, then no refund of any unused portion of a pre-paid
subscription is owing, and (b) if PT Yoga Barn elects to do so without cause,
then PT Yoga Barn will refund any unused portion of a pre-paid subscription.
Upon suspension or termination, PT Yoga Barn shall
have no obligation to save any User Content that you may have posted or
otherwise provided, and we reserve the right to permanently delete and destroy
any of your personal information and/or User Content.
Use
of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by
this reference. To view the Privacy Policy, please click on the link above.
- 18.1 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.
- 18.2 We may use your personal information to:
-
18.2.1 Provide Our Services to you;
-
18.2.2 Process your payment for the Services; and
-
18.2.3 Inform you of new products and services available from Us. You may request
that We stop sending you this information at any time.
- 18.3 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.
- 18.4 We will not pass on your personal information
to any other third parties without first obtaining your express permission.
You acknowledge and agree that the Websites and the
Services are offered without warranties of any kind whatsoever by PT Yoga Barn
and/or the providers of Site Content. The disclaimer of warranties includes,
but is not limited to, the following:
- 19.1 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. PT Yoga Barn and its parent, subsidiaries, affiliates,
successors and assigns, and their respective shareholders, officers, directors,
employees, agents, partners, licensors, vendors and contractors (collectively,
the “PT Yoga Barn-Related Parties”) expressly disclaim all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement, with respect to the service, the websites, and any third-party
websites with which they are linked.
- 19.2 The PT Yoga Barn Parties are 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. By way of
example only, if you engage in any exercise or diet program that you receive or
learn about through the Websites and/or the Services, and/or if you use any
product or service that you receive or learn about through the Websites and/or
the Services, you agree that you do so voluntarily, after consulting an
appropriate health professional of your choice, and at your own risk, and you
agree to release and discharge the PT Yoga Barn-Related Parties from any and
all claims or causes of action, known or unknown, arising out of the foregoing.
- 19.3 The PT Yoga Barn-Related Parties make no
warranty that the Websites or the Services, the Site Content, and/or the
information, products and services available through the Websites or the
Service will meet your expectations or requirements, or that you will achieve
any particular results from the use of any of the foregoing, or that the
Websites or the Services will be uninterrupted, timely, secure, error-free, or
free of any harmless components (including viruses, malware, spyware, or
comparable components..
- 19.4 You expressly assume the risk, by way of
example, of deletion, non-delivery or failure to store postings of User
Content, communications, personalized settings, or data, and you acknowledge
that the PT Yoga Barn-Related Parties make no warranties regarding the
foregoing.
- 19.5 Any material downloaded or otherwise obtained
through the use of our Websites or the Services is accessed at your own
discretion and risk, and you will be solely responsible for any loss or damage
to your computer system or loss of data that results from the download of any
such material.
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.
- 21.1 The Website is provided “as is” and on an “as
available” basis. PT Yoga Barn 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.
- 21.2 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.
- 22.1 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.
- 22.2 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.
- 22.3 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.
In the event that any party to these Terms and Conditions fails
to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right
or remedy.
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement created by these Terms and Conditions is between you and PT Yoga Barn.
- 24.1 All notices / communications shall be given
to Us via email to support@yogabarnonline.com.
- 24.2 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.
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..
