Welcome to the Yoga Anywhere community
The Yoga Anywhere programs will help you create a daily wellness practice for:
increased vitality
strength, conditioning and toning
improving circulation and movement
feeling and looking youthful
©Yoga Anywhere 2020
These Terms and Conditions (“Agreement”) govern your use and access of the Yoga Anywhere (ABN 84 991 919 366) programs (the “Programs”) via Momence.com (the “Site”) and legally bind you (the “Subscriber).
Please read this Agreement carefully and contact Paul Wrightson at hello@yogaanywhere.co if you have any questions before subscribing.
Terms and Conditions
1. Acceptance of terms
1.1 By subscribing to the Momence website portal at https://www.momence.com/ and accessing, downloading, or using the information, products, and services offered by Yoga Anywhere, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
1.2 We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on the Site.
1.3 Your continued use of the Site and the Programs will constitute your acceptance of any changes.
1.4 If you object to any changes to the Terms, your only remedy is to immediately discontinue your subscription to the Site and use of products and services offered by Yoga Anywhere.
2. Benefits of Subscription to Momence.com
Benefits of subscription include access to:
● Smaller and interpersonal classes
● Classes based on principles of traditional Yoga (Hatha Yoga)
● Classes focused on connecting the breath and body movement
● Classes designed to promote embracing aging gracefully
● Live online yoga classes and meditation
● Life Coaching
● Online retreat events
● Live or recorded webinars about personal development
● Online pre-recorded library – coming soon
● E-books
3. Registration
3.1 You can become part of the Yoga Anywhere community by registering your subscription to the Momence website portal: https://www.momence.com/
3.2 You must provide accurate, complete, and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
3.3 We may, at any time, request a form of identification to verify your identity.
Password security
3.4 By becoming a subscriber to the Site, you acknowledge and agree that:
a. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time.
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person.
c. You will immediately notify us if your Password is lost or becomes known to any other person.
d. You are solely responsible for access and use of this Site via your Password, whether such access or use is by you or any other person; and
3.5 The personal information you provide to Yoga Anywhere will be treated strictly under our Privacy policy at https://www.yogaanywhere.co/privacy-policy
4. Subscription fees and payment
Subscription levels and fees
Yoga Anywhere provides the following subscription levels:
4.1 Silver membership – 1 yoga class/week for 4 weeks
4.2 Gold membership – 2 yoga classes/week for 4 weeks
4.3 Platinum membership – unlimited yoga classes for 4 weeks plus discounts for events, access to the online video resource library, and class recording
4.4 The membership will automatically renew/roll over every 4 weeks.
4.5 Subscription fees are published as www.yogaanywhere.co/prelaunch_pricing
4.6 Yoga Anywhere reserves the right to change fees at any time without notice. Please check the website for updated fees.
Payment
4.7 Payment of subscription fees is online via the payment portal on the Site.
4.8 Subscription fees are in Australian Dollars ($AUD) and exclude GST.
5. Content and delivery
5.1 Content is updated every 12 months.
5.2 Content is available to the Subscriber for the duration of the subscription.
5.3 Upon cancellation of the subscription, access to content will cease to be available after the last day of the billing cycle of the month of cancellation.
Delivery
5.4 The primary method of delivery of content is through videos, emails, and social media.
5.5 Workbooks, templates, and checklists may be offered from time to time and will be available via PDF downloads.
5.6 All live coaching is conducted via phone or an online video-sharing platform.
5.7 Subscription announcements such as new program releases will be shared via email or SMS.
6. Member Obligations
Conduct
6.1 When using our Products and Services, you may be given access to Facebook groups, review services, or other forums (Online Community) in which you may post comments, photos, messages, or other material (Your Content).
6.2 When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Online Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory, or otherwise objectionable.
b. Content that harasses degrades intimidates or is hateful to an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. Information that is personal or identifying another person without consent.
d. Promotion or advertisement for products or services offered through competing internet platforms and businesses, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
6.3 By posting or otherwise publishing Your Content on our Site or Online Community, you:
a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit, and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licenses;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission would constitute an infringement of your moral rights in normal circumstances.
e. If you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
6.4 Yoga Anywhere reserves the right to:
a. Review, modify, reformat, reject, or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including to investigate compliance with the Terms or for any police investigation or governmental request.
6.5 While using this Site and our Online Community, you agree you will not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other users’ privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms, or any other harmful code.
f. Use manual or automated software, devices, script robots, or other means or processes to access our Site or any related data or information.
6.6 It is your responsibility to commit sufficient time and resources to learn and implementing the Program contents to achieve reasonable results for your purpose.
7. Health Disclaimer and waiver
Yoga Anywhere offers online yoga classes. You understand and agree:
7.1 It is your responsibility entirely to assess your readiness and suitability for the online yoga class you have selected to participate in.
7.2 Yoga online classes are designed for people who enjoy overall good health. If you are pregnant, have a chronic illness, or physical injury, or have medical conditions, you are strongly advised to consult your doctor and obtain clearance before enrolling in any class, and it is your responsibility entirely to do.
7.3 In all cases in clause 7.2, you are required to inform Yoga Anywhere in writing to Paul Wrightson at hello@yogaanywhere.co as asanas may require modification.
7.4 The practice of YOGA poses/asanas requires you, as the YOGA PRACTITIONER and Subscriber, to determine and gauge the safety of yoga practice of yoga asanas within your personal physical limitations.
7.5 During the Yoga class, you will receive information about the benefit of asanas to physical and mental well-being and the effect of specific asanas on the relief or management of pain in different parts of the body. This information is provided for general education and is not a substitute for medical advice or treatment.
7.6 When participating in any exercise or exercise program including Yoga, there is a possibility of injury therefore at any time, you experience a personal health or pain issue, before, during, or after, any class, you are required to seek assistance, and advice of a qualified medical practitioner.
7.7 Yoga Anywhere is not liable for any injury, accident, or health impairment befalling a participant of any online or in-person yoga class, or any individual using the techniques suggested in any Yoga Anywhere online class, webinar, or coaching session.
7.8 Yoga Online is not a licensed medical care provider and represents that has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
7.9 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
7.10 You acknowledge and agree that Yoga Anywhere, its employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of a personal decision made by you at any time.
8. Refunds
8.1 Refunds are not provided for membership fees or products and services that have been provided by us where you have been given access to Our Content or our Online Community, whether accessed by you or not unless we are in breach of the Australian Competition and Consumer Act 2010.
9. Cancellation
9.1 You may cancel your membership at any time through the Momence subscription portal.
9.2 Upon canceling your membership, you will still have access to the Site until the end of the paid period.
10. Right to terminate
10.1 We reserve the right to terminate your use of the Site, Online Community, or our Products and Services generally if you breach these terms, including conduct, as determined by us in our sole discretion.
11. Intellectual property and copyright
11.1 All material on this Site and in any online community hosted by this Site, or otherwise delivered by the Yoga Anywhere Program including (but not limited to) videos, templates, PDF information downloads, Facebook live recordings (Our Content), is subject to copyright.
11.2 While you may browse or print our content for non-commercial, personal, or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it for any commercial purpose.
11.3 Modification of our Content for any other purpose other than personal use is a violation of our copyright and other proprietary rights and is strictly prohibited.
11.4 You acknowledge that you do not acquire any ownership rights by using the Site or our content.
11.5 The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Yoga Anywhere.
11.6 You may not use any registered or unregistered trademarks in connection with any product or service that does not belong to Yoga Anywhere in any manner that is likely to confuse customers or in disparage Yoga Anywhere.
11.7 Nothing contained on this Site or in our Online Community should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
11.8 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Yoga Anywhere will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
12. Links to third-party websites
12.1 This Site may include links to other websites maintained by third parties which are not under the control of Yoga Anywhere (“Linked Sites”).
12.2 Linked Sites are made available to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by Yoga Anywhere of the Linked Sites.
12.3 You access Linked Sites at your own risk, and by accessing them, you leave the Site.
13. Liability is limited
13.1 The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights from those under Australian Consumer Laws.
13.2 Yoga Anywhere is not responsible for and accepts no liability for, content uploaded, posted, transmitted, or otherwise made available on the Site by any person other than us.
13.3 Yoga Anywhere does not endorse any opinion, advice, or statement made by any person other than us.
13.4 You agree that Yoga Anywhere will not be liable for any loss or damage to you from the use of this Site. These include without limitation, damage caused by access delays, computer viruses, system failure, or malfunction which may occur in your use of the Site or Online Community including a hyperlink to or from third-party websites.
14. Indemnity
14.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
14.2 We are not responsible for and expressly disclaim all liability for damages of any kind arising out of the use, reference to, or reliance on any information contained within our Site, Online Community, or through the use of our products or services.
15. Assignment
15.1 We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
16. Dispute resolution
15.2 Should a dispute arise between us, we strongly encourage you to contact Paul Wrightson at hello@yogaanywhere.co to seek a resolution.
15.3 Any reasonable requests will be considered, and any refund agreed to is at the absolute discretion of Yoga Anywhere.
15.4 Yoga Anywhere will attempt to resolve any escalated dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
17. Applicable law
These Terms shall be construed under and governed by the laws of the State of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises between you and Yoga Anywhere.
If you have questions or comments regarding this Site, Yoga Anywhere products or services, or the Yoga Anywhere subscription, please email Paul Wrightson at hello@yogaanywhere.co
By proceeding with your subscription membership, you are confirming that you have read, understood, and accepted the terms of this Agreement.
In Love’s Strength,
Yoga Anywhere
©Yoga Anywhere 2020