This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that “Eat Live Yoga Online” will provide to you (“the User”).
By accessing https://eatliveyoga.online (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorised to do so) the User should not use the Site.
If you do not accept the terms of this Agreement, you should leave the Site and discontinue its use immediately. We will post a notification on the Site in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Your continued use of the Site following our posting of any changes to this Agreement means that you accept those changes.
If the User has any questions they should contact Eat Live Yoga Online at firstname.lastname@example.org
Health Disclaimer & Waiver
Eat Live Yoga Online is not a medical organization or have medical qualifications and its instructors or staff cannot give you medical advice or diagnosis.
Nothing contained on the Site should be construed as any form of such medical advice or diagnosis.
The User agrees and accepts that they are wholly responsible for ensuring that in preparation of any of the recipes included on the Site, that they or those eating the food prepared using these recipes are not allergic to any of the ingredients used. Any adverse reactions to the recipes is the sole responsibility of the User.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an Eat Live Yoga Online instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Site.
All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Eat Live Yoga Online videos.
By using the Site, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Eat Live Yoga Online, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
You the User expressly waive and releases any claim that you may have at any time for injury or illness of any kind against Eat Live Yoga Online, or any person or entity involved with Eat Live Yoga Online, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, contributors and representatives.
It is always strongly recommended that you consult with a personal health care professional prior to applying any of the education provided on the Site. The educational and informational content provided by Eat Live Yoga Online is, in no way, shape, or form, to take the place of personalized care and advice provided by a personal health care professional, and rather to be used in conjunction with such professional advice.
The content provided by Eat Live Yoga Online is purely educational in nature about Ayurveda and various wellness topics, and is not meant to diagnose, treat, or prevent any disease. We make no claims or warranties to cure, treat, or prevent any disease or condition.
By agreeing to the terms of the Agreement, you acknowledge that there is a possibility of misunderstanding or misinterpreting the information, physical injury, emotional distress, and/or death when using any diet, fitness, or lifestyle protocol. You assume the risks and take personal responsibility for your health and well-being and release Eat Live Yoga Online from any such liability, including, but not limited to, any of the above.
If you experience any pain, discomfort, or anything outside of your norm, please seek professional advice immediately. Never neglect the advice of your personal health care professional.
This disclaimer applies to all of the content on the Site, including content posted by members and 3rd party contributors. By agreeing the terms of the Agreement the User agrees and acknowledges the warnings and disclaimers provided here.
Services, Fees & Cancellation
Eat Live Yoga Online shall provide Free and Paid-for Content. This includes a monthly subscription for Paid-for Content. Eat Live Yoga Online reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred.
The User must provide Eat Live Yoga Online with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to Eat Live Yoga Online the User warrants that they are entitled to purchase the Paid-for Content using those payment details.
In the event of an unauthorised payment Eat Live Yoga Online reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content.
If no payment authorisation is received or payment authorisation is subsequently cancelled, Eat Live Yoga Online may immediately terminate or suspend access to any Paid-for Content and/or the Site.
Eat Live Yoga Online will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time.
For Introduction to Ayurveda and Conscious Living Online Course, no refunds are available otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Products and no refunds will be provided to you at any time. By using and/or purchasing any of our Products, you understand and agree that all sales are final and no refunds will be provided.
For Annual subscriptions the User having paid the Fee for a subscription for the supply of Paid-for Content and access to the Site can cancel their subscription, but will receive no refund for the remaining period of the contract and subject to the other terms of this Agreement will still be able to access the Site until their contract period expires.
For Monthly subscribers the User can cancel their subscription at any time via their account page, but due to the nature of the subscription no refunds will be made for any membership fees already paid.
Lifetime Access is for the lifetime of the Site. If for any reason, Eat Live Yoga Online should dissolve or cease to exist, then your access to the Site terminates. If this event occurs then Lifetime Access subscribers will be able to download or will be sent all content provided on the Site at the time the Site closes.
This does not affect the User’s statutory rights.
Registration, Passwords and Privacy
If the User wishes to access the Paid-for Content the User will be asked to provide Eat Live Yoga Online with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information.
Eat Live Yoga Online is entitled to rely on this information to provide Paid-for Content.
The User will also be requested to create a Password in a format specified by Eat Live Yoga Online (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify Eat Live Yoga Online immediately by contacting Eat Live Yoga Online at email@example.com
If Eat Live Yoga Online has reasonable grounds for believing that the User has misused or is misusing the Password, Eat Live Yoga Online may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as Eat Live Yoga Online is satisfied that the security of the Site is no longer compromised by the User’s activities.
Limitations on Use of the Site
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site is subject to change. Eat Live Yoga Online makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.
Eat Live Yoga Online disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Eat Live Yoga Online own all the intellectual property rights of content provided on the Site.
The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement.
The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services.
The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by Eat Live Yoga Online or otherwise relating to the Site.
The User agrees they will not:
Engage in any activity that interferes with or disrupts the Site or the servers and networks which are connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Use the Site for any fraudulent or illegal purpose, or to gather personally identifiable information without prior consent;
Post any content or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, during registration or otherwise.
Refusal of Service
Access to the Site is offered subject to our acceptance of your order or requests. Eat Live Yoga Online reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Material You Submit To the Site
The User and not Eat Live Yoga Online, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Site. Eat Live Yoga Online does not control the Content posted by third parties via the Site and, as such, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that you deem offensive, indecent or objectionable. Under no circumstances will Eat Live Yoga Online be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred at any time as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.
The User shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. The User shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by the User to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Site, Eat Live Yoga Online may provide access to a community or social media platforms in conjunction with the Site. Eat Live Yoga Online is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Site.
The User agrees that your use of these community and social media platforms is a privilege and Eat Live Yoga Online may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Eat Live Yoga Online will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Eat Live Yoga Online is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Eat Live Yoga Onlines brand and image integrity.
Limitation of Liability and Indemnity
The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither Eat Live Yoga Online nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Eat Live Yoga Online has been advised of the possibility of such damages.
The User expressly agrees that the downloading of any material form the Site is at the User’s own risk. Neither Eat Live Yoga Online nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Eat Live Yoga Online has been advised of the possibility of such damages.
Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While Eat Live Yoga Online will use reasonable efforts to include accurate and up to date information on the Site, Eat Live Yoga Online makes no warranties or representations as to its accuracy or completeness. Eat Live Yoga Online is not responsible for any errors or omissions or for the results obtained from the use of such information.
The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by Eat Live Yoga Online or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information.
The User must make their own decisions on whether or not to rely on any information posted on the Site. Eat Live Yoga Online reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site.
From time to time Eat Live Yoga Online will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by Eat Live Yoga Online and the User agrees that Eat Live Yoga Online shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators.
Any arrangements made between the User and any third party named on Eat Live Yoga Online’s Site are at the User’s sole risk and responsibility and Eat Live Yoga Online expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User agrees to indemnify, keep indemnified, defend and hold Eat Live Yoga Online and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms.
Eat Live Yoga Online reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defence of such claim.
Consequences of Breach of these Terms
In the event that Eat Live Yoga Online considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to:
(a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct;
(b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content;
and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.
If Eat Live Yoga Online terminates your account or suspends or discontinues your access to the Site due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
Eat Live Yoga Online may terminate the Agreement at any time, in its sole discretion if the Site is no longer commercially viable.
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of Eat Live Yoga Online.
Proper Law and Jurisdiction
This Agreement and all matters arising from it shall be governed by and construed according to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Updated: June 2019