YOGA ALLIANCE® - INTERNATIONAL

PRIVACY POLICY


WEBSITE TERMS OF USE

The terms “us” or “we” or “our” herein refers to Yoga Alliance®, Yoga Alliance Australia®, Yoga Alliance International®.


Last Modified: 4.4.2015

SECTION 1. Statement of Purpose

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

BY USING OR ACCESSING YOGA ALLIANCE WEBSITE OR DOWNLOADING MATERIALS FROM OUR WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.

These Terms of Use (Terms) govern your use of our website located at www.yogaalliance.com.au (Site) and form a binding contractual Terms and Conditions between you, the user of the Site and Yoga Alliance®, Yoga Alliance Australia® and Yoga Alliance International®  (collectively referred to herein as “Yoga Alliance®,” “we” or “us”) governing your use of this website (the “Website”).

These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. If you continue to browse and use this Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced in this Terms and Conditions. If you do not agree to the Terms, please do not use the Website and its services or products.

SECTION 2. Information

2.1 We reserve the rights to revise the information on the Website or otherwise change or update the Website, including these Terms and Conditions. If we make changes to these Terms and Conditions, we will post notice of the modifications to the Terms and Conditions on this page www.yogaalliance.com.au  A current version of this Terms and Conditions showing the effective date is always available at this location. We encourage you to periodically review this Terms and Conditions to see if there have been any changes to our policies that may affect you. Yoga Alliance® may also make improvements and/or changes to this Website, add new features, or terminate this Website at any time without notice. If you do not agree to the Terms and Conditions as modified, then you must discontinue your use of the Website. Your continued use of this Website will signify your continued Terms and Conditions to this Terms and Conditions as it may be revised.

2.2 The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

2.3 Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.

SECTION 3. License to use site

3.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.

3.2 You may access and use the Site in the normal manner. You must exercise caution, good sense and sound judgment in using this Website.

3.3 You may not, except with our express written permission, distribute or commercial exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.

3.4 You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You are prohibited from:

  1. Republish material from this website (including republication on another website);

  2. Sell, rent or sub-license material from the website;

  3. Show any material from the website in public;

  4. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  5. Edit or otherwise modify any material on the website; or

  6. Redistribute material from this website except for content specifically and expressly made available for redistribution.

SECTION 4. Website Security

4.1 You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

4.2 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4.3 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4.4 You must not use this website to collect personally identifiable information about users of the Website.

4.5 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Yoga Alliance® express written consent.

4.6 You must not use this website to transmit or send unsolicited commercial communications.

4.7 You must not use this website for any purposes related to marketing without Yoga Alliance® express written consent. 

SECTION 5. Unauthorised Use or Access

5.1 Unless otherwise expressly authorised in this Terms and Conditions or on the Website, you may not take any action to interfere with the Website or any other user's use of the Website. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section. You may not (and you expressly agree that you will not) do any of the following, which violate this Terms and Conditions:

5.2 Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising; or

5.3 Impersonate any person or entity, including without limitation any representative of Yoga Alliance®; or
5.4 Falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make; or
5.5 Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity; or
5.6 Interfere with or disrupt the operation of the Website or others’ use of the Website in any way (including without limitation by hacking or defacing any portion of the Website); or
5.7 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website; or
5.8 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website; or
5.9 Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website; or
5.10 Use the Website for any fraudulent or unlawful purpose; or
5.11 Violate any applicable laws or regulations; or
5.12 Assist or permit any persons in engaging in any of the activities described above.

SECTION 6. User Content

6.1 Yoga Alliance® does not want you to, and you should not, send any confidential or proprietary (“Content”) to us through this Website unless specifically requested. Please note that any unsolicited (“Content” sent to us will be deemed not to be confidential or proprietary.

6.2 You shall not upload, post or otherwise make available on or through this Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

6.3 You also agree that Yoga Alliance® is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THROUGH THIS WEBSITE THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

6.4 You are responsible for any material and information (“Content”) you transmit to us through the Website (or through email). You agree, represent and warrant that any (“Content”) you transmit to us through the Website (or through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such (‘Content”). Certain (“Content”) collected from you on the Website is subject to our Privacy Policy.

6.5 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit for use on this website, for whatever purpose.

6.6 You grant to Yoga Alliance® a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Yoga Alliance® the right to sub-license these rights, and the right to bring an action for infringement of these rights.

6.7 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or  Yoga Alliance® or a third party (in each case under any applicable law). 

6.8 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

6.9 Yoga Alliance® reserves the right to edit or remove any material submitted to this website, or stored on Yoga Alliance® servers, or hosted or published upon this website.

6.10 Notwithstanding Yoga Alliance® rights under these terms and conditions in relation to user content, Yoga Alliance® does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6.11 By submitting (“Content’), other than personally identifiable information, through this Website, you grant to Yoga Alliance® (or warrant that the owner of such information and material has expressly granted to Yoga Alliance®) a royalty-free, perpetual, irrevocable, and unrestricted right and license to:

  1. Use reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed; or

  2. (To exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such (“Content”); and

  3. To use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and/or communications, whether or not in connection with your (“Content’).

6.12 You also hereby grant each user of the Website a non-exclusive license to access your (“Content”) through the Website as permitted through the functionality of the Website and under this Terms and Conditions.

6.13 You also agree that Yoga Alliance ®I s free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THROUGH THIS WEBSITE THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

6.14 You shall not upload, post or otherwise make available on or through this Website any (“Content”) protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

6.15 You also hereby that  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

6.16 Under no circumstance will Yoga Alliance® be liable for or in connection with any loss or damage caused by your reliance on any Content.

SECTION 7. Our Intellectual Property Rights
Copyright

7.1Content made available on this Website is protected by copyright, and, except as set forth below, the use of any Content available on this Website is strictly prohibited.

7.2 No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use Content purposely made available by us for downloading from this Website, provided that you:

  1. Keep intact all copyright and other proprietary notices;

  2. Use such information pursuant to any licenses associated with such Content;

  3. Do not copy or post such information on any networked computer or broadcast it in any media;

  4. Make no modifications to any such information; and

  5. Do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any Content.

7.3 Any unauthorised use or modification of any of the Content available on this Website is a violation of the copyrights and other proprietary rights of Yoga Alliance®, or other copyright owners where so indicated. Permission for all other uses of Content contained herein, including reproducing and distributing multiple copies or using Content on any other website or networked computer or linking to any page at this Website except the “home page” www.yogaalliance.com.au  must be obtained from us or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorisation from us should be submitted via an email using the online form: contact us

SECTION 8. Third-Party Content

8.1 Our website contains links to websites owned and operated by third parties. If you use these links, you leave our Website. These links are provided for your information and convenience only and are not an endorsement by Yoga Alliance® of the content of such linked websites or third parties, Yoga Alliance® therefore makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of any of their products or services

8.2 Any information, statements, opinions or other information provided by third parties and made available on this Website are those of the respective author(s) and not Yoga Alliance®.

8.3 We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other Content on the Website other than those from an authorised Yoga Alliance® representative acting in his/her official capacity.

8.4.Subject to paragraph below, if you decide to access any third party websites and make use of the information contained on them, and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk. Yoga Alliance® accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

8.5 This disclaimer also applies to links to retailers or other sellers of Yoga Alliance ® products and if you wish to purchase our products from such retailers, we are of course delighted, but Yoga Alliance ® is not a party to any such contract for the purchase between you and any seller. This does not affect your statutory or other legal rights that exist between you and us as the provider of our products and services.

SECTION 9. Restricted Access

9.1 Access to certain areas of this website may be restricted. Yoga Alliance® reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Yoga Alliance® sole discretion.

9.2 If Yoga Alliance® provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

9.3 Yoga Alliance may disable your user ID and password in Yoga Alliance® sole discretion without notice or explanation.

SECTION 10. Social Networking Pages

10.1 A social network service is defined as an online service, platform, or site that focuses on building and reflecting of social networks or social relations among people, e.g., who share interests and/or activities. A social network service essentially consists of a representation of each user (often a profile), his/her social links, and a variety of additional services. Social networking sites allow users to share ideas, activities, events, and interests within their individual networks.

10.2 Yoga Alliance® maintains a presence on several social networking websites, including but not limited to; facebook.com, linkedin.com, pinterest.com and twitter.com, (collectively, “Social Networking Pages”) to provide a place for people to learn more about Yoga Alliance®  and to share experiences with the general public.  All comments, visuals and other materials posted by visitors to our Social Networking Pages do not necessarily reflect the opinions or ideas of Yoga Alliance®.  All visitors to our Social Networking Pages must comply with the respective social networking website’s Terms of Use.  We review some but not all postings to our Social Networking Sites, and we will remove any postings that we have determined are inappropriate or offensive.

SECTION 11. No Warranties

11.1 This website is provided “as is” without any representations or warranties, express or implied. Yoga Alliance® makes no representations or warranties in relation to this website or the information and materials provided on this website. 

11.2 Without prejudice to the generality of the foregoing paragraph, Yoga Alliance® does not warrant that:

  1. This website will be constantly available, or available at all; or

  2. The information on this website is complete, true, accurate or non-misleading.

11.3 Nothing on this website constitutes, or is meant to constitute, advice of any kind.  (If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

11.4 YOGA ALLIANCE® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, YOGA ALLIANCE® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

SECTION 12. Limitations of Liability

12.1 Yoga Alliance® will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  1. To the extent that the website is provided free-of-charge, for any direct loss;

  2. For any indirect, special or consequential loss; or

  3. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

12.2 These limitations of liability apply even if Yoga Alliance ® has been expressly advised of the potential loss.

12.3 YOGA ALLIANCE® AND EACH OF ITS AFFILIATES, DIVISIONS, AND RELATED ENTITIES (COLLECTIVELY, THE "RELEASEES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY

SECTION 13. Exceptions

13.1 Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Yoga Alliance®’s liability in respect of any:

  1. Death or personal injury caused by  Yoga Alliance®’s negligence;

  2. Fraud or fraudulent misrepresentation on the part of Yoga Alliance®; or

  3. Matter which it would be illegal or unlawful for Yoga Alliance® to exclude or limit, or to attempt or purport to exclude or limit, its liability.

SECTION 14. Reasonableness

14.1 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

14.2 If you do not think they are reasonable, you must not use this website.

SECTION 15. Other Parties

15.1 You accept that, as a limited liability entity, Yoga Alliance® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Yoga Alliance®’s officers or employees in respect of any losses you suffer in connection with the website.

15.2 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Yoga Alliance®’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Yoga Alliance®.

SECTION 16. Unenforceable Provisions

16.1 If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

SECTION 17. Indemnity

17.1 You hereby indemnify Yoga Alliance® and undertake to keep Yoga Alliance® indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by Yoga Alliance® to a third party in settlement of a claim or dispute on the advice of Yoga Alliance®’s legal advisers incurred or suffered by Yoga Alliance® arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

17.2 By accessing this Website and using the information therein available and/or by purchasing any products or services made available through this Website, you agree with the Website operators, their service providers, affiliates, and any content provider of goods and services on this Website or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise

SECTION 18. Breaches of These Terms and Conditions

18.1 Without prejudice to Yoga Alliance’s  other rights under these terms and conditions, if you breach these terms and conditions in any way, Yoga Alliance® may take such action as Yoga Alliance® deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

SECTION 19. Variation

19.1 Yoga Alliance may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

SECTION 20. Assignment

20.1 Yoga Alliance® may transfer, sub-contract or otherwise deal with Yoga Alliance®’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

20.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

SECTION 21. Severability

21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

SECTION 22. Termination

22.1 We may terminate your use of this Website or any of its features at any time and for any reason without notice for conduct violating this Terms and Conditions.. Upon any such termination, you must destroy all Content obtained from this Website and all copies thereof. The provisions of this Terms and Conditions concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms and Conditions, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

SECTION 23. Entire Terms and Conditions

23.1 These terms and conditions constitute the entire Terms and Conditions between you and Yoga Alliance® in relation to your use of this website, and supersede all previous Terms and Conditions in respect of your use of this website.

SECTION 24. Law and Jurisdiction

24.1 You agree that any dispute in connection with the Website, these Terms and Conditions or the Privacy Policy  will be governed by and construed in accordance with  Australia Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of NSW.

Contact
If you have questions about this Terms and Conditions, or if you have technical questions about the operation of the Website, please contact us

For further information please visit the web-pages listed below:

Our Policies

Trademark Usage


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