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Terms of Service

Last updated 25/03/2019

Thankyou for using Yogawarrior.online (“The Service”).

Yogawarrior.online is owned, operated by and the product of Yoga Warrior Ltd (“The Company”). With a registered address at 30 Miller Road, Ayr, Scotland, United Kingdom, KA7 2AY under company number SC596029.

The Service is a wellbeing platform that is designed to provide you with high quality meditation, relaxation and yoga videos and information on wellbeing. The Service should not be used by those under the age of 18 years old.

By subscribing to The Service, you are agreeing to be legally bound by the Terms of Use Agreement for The Service and your use of The Service is subject to the terms and conditions contained herein. Please familiarise yourself with the terms and conditions of using The Service. If you do not accept the Terms Of Use Agreement you must discontinue your use of The Service immediately. Please be aware that the Terms of Use Agreement may be updated, and you agree to be legally bound by any amendment to the Terms of Use Agreement and you agree to review the Terms of Use Agreement on a regular basis.

Prior to using the Service, you have confirmed with a qualified medical professional that you are physically fit to use The Service, you have great self-awareness, know your limitations in your level of fitness and take full responsibility for your participation in The Service. By agreeing to the Terms of Use Agreement you are waiving your right to make a claim at any time for injury of any kind against The Company or any person or organisation associated with the Company including without limitation The Company Directors, employees, affiliates, yoga teachers, contractors and representatives. By Agreeing to the Terms of Use Agreement you are assuming all risk of physical and mental injury by using the The Service.

The Company and The Service do not offer medical advice. Under no circumstances does the content or information provided through The Service or The Company offer any medical advice. If you have any health concerns at any time you should always contact and speak with a fully qualified Health Care Practitioner such as your Doctor

The Company and The Service do not provide any warranty, undertaking, representation or guarantee that your overall wellbeing or health will improve as a direct result of using The Service or that you will not become injured as a result of using The Service.

The Company does not accept any liability for any error or omission and excludes all liability for any action you may take against The Company including without limitation The Company Directors, employees, affiliates, yoga teachers, contractors and representatives for loss or injury you may suffer, direct and indirect through The Service or The Company. This includes but is not limited to loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising as a result of relying on any information contained within The Service or provided by The Company or by a third party.

Individual Subscriber

By agreeing to the Terms of Use Agreement you may use the Service for personal and lawful use in accordance with these terms. It is strictly prohibited for you to copy, distribute or use any material from The Service for commercial or personal gains.

Commercial Client

By agreeing to the Terms of Use Agreement you may use the Service for personal and lawful use under the group subscription of your employer in accordance with these terms. It is strictly prohibited for you to copy, distribute or use any material from The Service for commercial or personal gains.

All intellectual property rights for the content on The Service and other websites owned by The Company that are supplied as part of your subscription not limited to logos, trademarks, video content are owned by the company or its contractors.

Subscribing to The Service does not give you intellectual property rights or ownership of any content contained within The Service. By accepting the Terms of Use Agreement you agree that all content contained on The Service and emails sent to you by The Company are for non-commercial and limited personal use only. Under no circumstances may any material contained on The Service or other websites associated with The Company be downloaded, recorded or reproduced, distributed, copied, sold, posted, shared or used in any way or purpose by anyone or entity without The Company’s prior written permission. Under no circumstance will you modify any information contained within The Service or emails or written publications prepared by The Company. Under no circumstances will you sell or transfer your account to a third party or provide a third party with your log in details to your account. Under no circumstances attempt to by pass the security features contained within The Service. It is strictly prohibited that you upload any material to The Service that will cause offense, upset or damage to the infrastructure of The Service.

The Company accepts no responsibility to supervise the use of The Service. The Company does reserve the right to do so and to disclose any information as required by law. The Company has the right at any time to remove, refuse to upload or to edit any information or materials deemed to be unfit for The Service. The Company reserves the right to block or suspend your access to The Service and remove you permanently from The Service and may take other actions necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. The Company will fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

All usage of your personal information is governed by the Company’s Privacy & Cookies Policy, which forms part of these Terms and Conditions. By agreeing to the Terms of Use Agreement, you agree that any personal information the Company holds about you in the event of an acquisition or trade sale to a Third Party your data may be transferred to the third party and used in accordance with the Privacy & Cookies Policy.

Use of the Service requires a password. It is your responsibility to remember your password and keep your password secure and confidential. We recommend using a strong password that uses a combination of lowercase letters, uppercase letters, numbers, and symbols.

Please note that, although we have implemented measures to safeguard the security of your account, such measures cannot ensure your account’s security with 100% effectiveness. It is your responsibility to notify us immediately upon your awareness of any breach of security or unauthorised use of your account. You are solely responsible for any and all activity that occurs under your account.

By agreeing to the Terms and Conditions you accept that we cannot guarantee that the Services will work without any glitches and the Service may be interrupted for necessary maintenance without warning.

The Service includes links to external sites, e-mails and co-branded pages. The Company is not responsible for the content of these sites and pages or for anything provided by them.

The Company is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

The Company may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due.

The Services are offered on a subscription basis. Subscription to such Services may be available for varying commitment periods (e.g. 1 month, one year or corporate rate which is bespoke to the company subscribing) and you may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Site. Additionally, we may offer promotional subscription Services. Payment for the Services will be made via the Site in accordance with the procedure and pricing explained within The Service.

If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription in your own personal portal.

If you choose a subscription with a fixed commitment period (e.g. yearly) then, at the end of that period your subscription will automatically renew until you cancel.

The Company will collect all monthly fees due from the debit/credit card you provide upon registration. We may suspend or cancel any Services, including your subscription, in the event of problems with the debit/credit card.

Subject to your statutory consumer rights, which remain unaffected by any of these terms, subscription fees are non-refundable. Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in the Company deducting the balance of payments due immediately.

If your subscription begins with a promotional period, you will be automatically charged for the subscription rates to which you agreed on expiry of that promotional period unless you cancel your account.

Corporate or group membership rates are only available to employees/members of the specified organisation or group. Any attempt to subscribe to such a plan without entitlement to do so may result in the Company deducting the balance of payments due immediately.

The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.

The Company may update these terms and conditions and will endeavour to notify you of any major changes. By browsing The Service you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit The Service. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. The Company may delay enforcing its rights under these terms and conditions without losing them. You agree that the Company may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

Articles on The Service and co-branded websites may be submitted by third parties and the Company is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, The Service does not provide medical advice.

These terms and conditions shall be governed and interpreted in accordance with Scottish law, and you consent to the non-exclusive jurisdiction of the Scottish courts.

The Service and the Company are based in Scotland and in case of any International orders, subscriptions or contracts, this Agreement shall be construed as being performed in Scotland.

If you have any enquiries or complaints please post to Yoga Warrior Ltd, 30 Miller Road, Ayr, Scotland, United Kingdom, KA7 2AY

Disclaimer

Your usage of the website at https://www.yogawarrior.online (“The Service”), owned, operated by and the product of Yoga Warrior Ltd. With a registered address at 30 Miller Road, Ayr, Scotland, United Kingdom, KA7 2AY under company number SC596029 is in agreement with this Disclaimer and Privacy Statement and the policies contained therein. You may signal your disagreement to these terms by failing to visit the website.

By using The Service you are participating at your own risk. Key to your own development is for you to listen to your body and select the appropriate video for your ability and the stage that you are at in your own yoga journey. You may press pause at any time or choose to miss a particularly challenging sequence out completely. Do not do any yoga that you feel is not right for your body.

It is important to remember that each time you step onto your mat you will feel different. Each day is different and sometimes your body will feel more tired so you should alter your yoga practice accordingly and what you were able to achieve yesterday might not be possible today. Please move within your comfortable limits and if you’re in any doubt whatsoever, please seek medical advice Please work to your health and fitness levels. If you feel unwell or experience discomfort during a video, please stop the video and consult your healthcare practitioner immediately.

The Company and all affiliates of the company do not offer medical advice and are not medical professionals. Prior to using The Service please consult with your healthcare practitioner before starting any new exercise. This is particularly important if you have any limiting condition at all or overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. The Service may not be tailored to your current physical and mental health. The Company does not accept any liability whatsoever for any injury or damage arising from the use of The Service.

Do not attempt any of the videos for the first time without suitable experience or supervision.

The Service is not intended to replace a real life, qualified yoga teacher. The Company recommends that you attend a regular class with a qualified teacher to check your postures and alignment.

Prior to doing the videos it is recommended that you watch them first to familiarise yourself with the content.

Please ensure you have enough space where you can practice your yoga safely without any obstructions.

It is better to listen to the videos if you can’t see them rather than twisting your body to view the screen.

Ensure you are fully warmed up prior to attempting any form of exercise.

Please refrain from using The Service if you are under the influence of drugs or alcohol.

In yoga we also work our internal organs, and this is best done on an empty stomach. Prior to a yoga practice it is best to refrain from eating for two hours.

We try to ensure that content contained within The Service is accurate and up-to-date but The Service may contain mistakes, inaccuracies or typographical errors. We cannot be held responsible for any mistakes or omissions contained within The Service.

Yoga Warrior Ltd are not liable for any loss or damages arising out of or in connection with your use of The Service. Yoga Warrior Ltd is not liable for any damages resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent, intentional or inadvertent.

Neither Yoga Warrior Ltd nor any of its employees or agents makes any warranty, express or implied, including the warranties of merchantability and fitness for purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

These Terms of Use are governed by and construed in accordance with the laws of Scotland and you hereby submit to the exclusive jurisdiction of the Courts of Scotland.

This will not prevent Yoga Warrior Ltd from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.

Privacy

Yoga Warrior Ltd respect your right to privacy and comply with our obligations under the European data protection acts.

This Privacy Statement outlines how we deal with any personal data you provide to us while using The Service. By visiting The Service, you are accepting the terms of this Privacy Statement. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

We retain personal data necessary for billing for your use of The Service. This is data that identifies you or can be used to identify or contact you and may include your name, company name, address, email address and some parts of your card details. Such information is only collected from you if you voluntarily submit it to us.

The Service uses operational cookies which are not for tracking.

The Company will process any Personal Data you provide to us to provide you with the access to The Service you have requested; to contact you if required in connection with your request or to respond to any communications you might send to us; to send you newsletter, event alerts, information about product releases, service notifications and to communicate with you about relevant industry information and activities. This is only relevant if you voluntarily sign up for this service.

We do not disclose any of your Personal Data to Third Parties unless where required by law, with the exception of our payment partner, Stripe.com. The sharing of Personal Data between Yoga Warrior Ltd and Stripe.com is solely to ensure PCI-compliant card processing and prevent fraud. We do not sell, trade or rent your personal information to others. All information is used solely for our own internal marketing.

We will disclose your personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

In the event that Yoga Warrior Ltd and a third party enter into a sale, merger, liquidation, receivership or transfer all or substantially all of the assets of Yoga Warrior Ltd to a third party we reserve the right to transfer information including your personal data provided that the third party agrees to adhere to the terms of this Privacy Statement and provided that the third party only uses your personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

Your personal data is held by Yoga Warrior Ltd in accordance with industry best practices. To ensure optimal security, we use a third party namely Stripe.com for all credit card billing. Stripe uses a PCI-DSS compliant SSL platform, secured by encryption and authentication. We take all reasonable steps to protect your personal data.

The Service is not suitable for users who are less than 18 years old. When you provide information about yourself as a user of The Service, you are thus representing yourself as 18 years of age or older. Our policy is that we do not knowingly collect, use, or disclose personal information about visitors under 18 years of age. However, if we do become aware of having collected personally identifiable information from a user under 18 without consent of a parent or legal guardian, we will remove such information from our servers.

You also have a right to have your personal data corrected, if inaccurate, or, in certain circumstances, erased. Please forward any such requests in writing by email to support@yogawarrior.co.uk

To find out what personal data we hold on you or to have your personal data updated, amended or removed from our database, please contact support@yogawarrior.co.uk

Any changes to this Privacy Statement will be posted on The Service so you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use personal data in a manner significantly different from that stated in this Privacy Statement, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

This Privacy Statement is governed by the laws of Scotland and is subject to the exclusive jurisdiction of the courts of Scotland.

If you have any queries about this Privacy Statement or our processing of your personal data, please send an email to support@yogawarrior.co.uk

We hope you enjoy being part of the Yoga Warrior Online community!