HAPI Yoga Terms of Use 

Effective date: 21 March 2023

 

Your access to and use of this website, as well as all related websites operated by HAPI Yoga (which includes www.hapiyoga.com.au, among others) (collectively the "Site") is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.  If you do not agree to the Terms of Use, please do not access the Site or continue with your purchase. 

 

Health and Liability Disclaimer

 

PLEASE CONSULT YOUR HEALTH CARE PRACTITIONER BEFORE STARTING OUR PROGRAMS. THIS IS PARTICULARLY TRUE IF YOU HAVE ANY MEDICAL CONDITIONS OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.

In consideration of being permitted to participate in HAPI Yoga's online classes and programs, you hereby agree to the following:

You understand that yoga includes physical exercises as well as opportunities for stretching, strengthening and deep relaxation. As is the case with any physical activity, you accept that the risk of injury (even serious injury) is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you will listen to my body, modify or come out of the posture in question, and seek assistance from the instructor.

It is your responsibility to inform your instructor at the start of each LIVE class if you are experiencing any general health concerns. If you choose to continue a LIVE class when unwell, you will do so at your own risk. 

You understand HAPI Yoga will not be held responsible for any injuries or grievances that may occur as a result of withholding or providing false information.  

Yoga and Ayurveda is not a substitute for medical attention and it is not intended to examine, diagnose or immediately treat any condition. You acknowledge and affirm that you are competent to decide whether or not to participate in any program and will make an informed choice before doing so. 

You agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of your participation.

HAPI Yoga will not be responsible for any liability resulting from the use of our services.

 

RESULTS DISCLAIMER:

When addressing health matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure we accurately represent our program and its ability to help your health and improve your life.
By making any purchases through HAPI Yoga, you accept and agree that you are fully responsible for your progress and results from your participation. We offer no representations, warranties or guarantees verbally or in writing regarding your results.
You understand the results experienced by each person may significantly vary.

Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.

This Waiver is governed by and construed in accordance with the laws of the State of Victoria and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. 

 

Membership/Coaching Policy: 

 

Upon purchase of any of the HAPI Yoga programs or courses, you agree to the following company policies. We reserve the right to make changes to any of our policies at any time. As a user of the website, you are agreeing to these policies and any future revisions during your membership or coaching term. As a company, we will do our best to inform our users to any adjustments made, however it is ultimately the responsibility of the purchaser to be aware and comprehend the following policies.

We reserve the right to vary or withdraw any of the Services described on the Website without notice.

LIVE Classes:

Weekly LIVE classes are subject to change at any time. This may be due to high or low demand for a session. We will make every effort to inform our members when this occurs.

Attendance to LIVE classes is currently unlimited, however this may be subject to change and capped to a certain number when demand increases.

LIVE classes may also be cancelled due to instructor availability upon which a replay or pre-recorded video will be available from previous sessions. Members will be notified of these changes in the Community Page.

LIVE classes may also be temporarily paused due to instructor travelling or taking time off. You will have access to the library of videos to practice during this time.

There are no LIVE classes on Public Holidays (including public holidays in Victoria, Australia).  

Limited timetable will run during the holiday periods and members will be notified in the Community Page. 

Community Policy:

As part of the community features in the HAPI Yoga membership, you must comply with the following rules:

1. Please refrain from posting adverts or business promotions. This group is a place to share our progress, to ask questions about the practice and to meet other like-minded yogis.
2. Be kind and courteous. We're all in this together to create a welcoming environment. Let's treat everyone with respect. Healthy debates are natural, but kindness is required.
3. No hate speech or bullying.
4. Make sure everyone feels safe. Bullying of any kind isn't allowed, and degrading comments about things like race, religion, culture, sexual orientation, gender or identity will not be tolerated.
5. Respect everyone's privacy.
6. Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but they may also be sensitive and private. What's shared in the community should stay in the community.

HAPI Yoga may remove members that are not abiding by the community etiquette. Memberships may also be cancelled at any time.

 

Cancellation/Refund Policy: 

 

HAPI Yoga has a no refund policy for all products and/or programs due to the nature of how it is delivered.

Monthly membership subscriptions are renewed automatically until cancelled. You can cancel any time and you will receive access for the duration of time you have paid for.

All subscription fees and online courses are non-refundable. We do not provide refunds for previous months on the membership, even if the member has not logged in or accessed their courses.

To cancel your membership, log in to your account, click on the image in the right hand corner, go to settings, then click on billing info to cancel.

HAPI Yoga reserves the right cancel a member’s use of HAPI Yoga’s membership or program in the event that the member is found misusing the Site or not complying to the terms of use. No refund will be offered.

 

Pausing Policy: 

You have the option to pause your membership subscription for up to 2 billing cycles per calendar year. Please send an email to [email protected] to request pausing your membership.

There is no option to pause or freeze the Ayurveda Coaching Program.

 

Billing Policy:

If you are a member with a failed payment, the system will retry the charge 7 days later. If your payment fails on the 7th day, your plan will be cancelled 14 days from the payment due date. 

You may update your billing info in your members dashboard under settings. 

We do not have the ability to reinstate cancelled plans and the member will be responsible for purchasing the plan again. 

 

Discount Code Policy:

HAPI Yoga reserves the right to cancel or refuse any discount code at any time without notice. If a customer forgets to use a discount code at purchase, HAPI Yoga reserves the right to retroactively apply any discount code for a refund. 

 

Content Privacy Policy:

 All purchases of HAPI Yoga content, including workshops, courses, videos and memberships, are meant to only be viewed by the purchaser and cannot be shared with others. Sharing of login credentials is strictly prohibited. All purchased content including written, video, & audio is only available to view by logging in with your registered account credentials and cannot be copied or downloaded to a personal device for viewing or listening offline. Violations of this policy are considered unlawful and HAPI Yoga reserves the right to take legal action in cases of misconduct.

 

Limitations

In no event shall HAPI Yoga be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Links

HAPI Yoga has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HAPI Yoga of the site. Use of any such linked website is at the user's own risk.

 

Site Terms of Use Modifications

HAPI Yoga may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

 

Governing Law

Any claim relating to HAPI Yoga’s website shall be governed by the laws of the site’s home jurisdiction without regard to its conflict of law provisions.

 

Privacy Policy:

 

HAPI Yoga (the “Company”) respects the privacy concerns of the users of its website, www.hapiyoga.com.au (and other sites pointing to this one verified by the owner) and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.

Your use of the Company’s services and this site are also governed by those of Kajabi, LLC, a California limited liability company. Please also review the Kajabi® website Terms of Use at https://newkajabi.com/policies/terms/ and Privacy Policy www.hapiyoga.com.au which also govern use of this Site.

Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.

The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.

The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.

The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Please also note that third-parties who provide and/or publish content via the Company’s Kajabi® Service shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to the Company’s Kajabi® Service (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third Party Content.

Children Age 16 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under. AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 16 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.

Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. 

Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:

Via email: [email protected] 

Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk.

Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the Site. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.