Terms of Use

Last updated on November 14th 2016.

Welcome to The Yoga School website (the “Site”). This Terms of Use govern your use of the Site. Your use of the Site will be treated as your acceptance and agreement to be bound by this Terms of Use.

1. General

1.1 By accessing and using this Site, you agree to be bound by this Terms of Use. You also agree to be bound by any additional terms and conditions that are referenced herein or that may otherwise apply to this Site.

1.2 The Yoga School reserves the right to change or modify this Terms of Use at any time, and the revised Terms of Use will be posted on this Site. By continuing to use this Site following the latest revision, you will be bound by the revised Terms of Use.

2. Licence and Restrictions

2.1 The Yoga School hereby grants you a personal, revocable, non-exclusive, non-transferable, limited right and license to use this Site, subject to your compliance with the terms and conditions of this Terms of Use.

2.2 The Yoga School reserves the right to change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of this Site at any time with or without notice. You agree that The Yoga School will not be liable to you or any third-party for any modification, suspension or discontinuance of this Site or any portion thereof.

2.3 You shall not:

(a) reproduce, republish, appropriate, upload, post, transmit, distribute, exploit or use for any commercial purposes any portion of this Site without our prior written permission;

(b) modify, edit, copy, reproduce, create, attempt to derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon this Site;

(c) launch an automated program or script or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of this Site;

(d) delete, alter or obscure the copyright and other proprietary rights notices on this Site;

(e) use this Site for any purpose for which it was not designed or intended;

(f) violate any applicable laws, rules or regulations in connection with your access or use of this Site;

(g) upload to, or transmit from this Site any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component; or

(h) authorize or encourage any third party to do any of the foregoing.

3. Services and Facilities

User Account

3.1 This Site allows users to create an account with The Yoga School (“Account”) and book the services and/or facilities of The Yoga School. By creating an Account, you represent and warrant that you are over the age of 16 years; capable of entering into and performing legally binding contracts under applicable law; and the information you provide to The Yoga School is accurate, up-to-date and complete. This Terms of Use shall govern the operation and use of your Account.

3.2 You must not transfer or share your Account with others, or create more than one Account. You acknowledge and agree that you are solely responsible for maintaining confidentiality of your password and for any activity that occurs through your Account.

Bookings

3.3 This Terms of Use shall govern all bookings made through this Site. You shall observe and comply with all terms and conditions relating to the bookings made through your Account. The cancellation of any booking is subject to the prevailing cancellation policy of The Yoga School.

3.4 If any fraudulent or wrongful use of your Account is suspected or detected, The Yoga School reserves the right at its sole discretion and without liability, to immediately cancel any booking made through your Account, and/or suspend or terminate your Account.

Release of Liability

3.5 By using the services and facilities of The Yoga School, you agree on behalf of yourself, your successors and assigns, to the following terms and conditions:

(a) Indemnity. You will indemnify and hold harmless the owner and operator of The Yoga School, and their respective shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses (i) resulting from your participation in any aerobic and/or exercise program or use of any equipment or facility of The Yoga School; or (ii) brought by your minor children, spouse, partner or friend whom you have permitted to participate in any of our yoga classes, exercise or activity or use any of the equipment or facility of The Yoga School.

(b) Personal Belongings. The Yoga School shall not be responsible for safekeeping any of your personal property while you are on its premises and therefore shall not be liable for any theft, loss or damage to your personal property. You acknowledge that you have been duly notified not to leave any valuables in the locker or any areas within The Yoga School.

(c) Fitness and Health. You understand and acknowledge that yoga requires physical exertion which may be physically strenuous and may cause physical injury. Your participation in any of the yoga classes, exercise or activity organised by The Yoga School is purely voluntary and done with full knowledge that there is risk of injury involved. You further understand and acknowledge that it is your personal responsibility to determine your physical fitness for any exercise or yoga activity based on your physical condition and personal knowledge on the use of the equipment. You represent and warrant that you are physically fit and have no medical condition which would prevent you from participating in our yoga classes, exercise or activity.

(d) Personal Responsibility for Health and Property. You shall assume full responsibility for risk of injury that you might incur as a result of participating in any of our yoga classes, exercise or activity. In consideration of being accepted to participate in our yoga classes, exercise or activity, you hereby waive and release The Yoga School, its shareholders, officers, employees, independent contractors and agents from and against all claims, demands, proceedings, damages, losses or injuries suffered or incurred as a result of or related to your participation in any of our yoga classes, exercise or activity or your use of any equipment or facility of The Yoga School.

(e) No Minors. You declare that you are over the age of 16 years. Minors are not permitted in The Yoga School unless accompanied by a parent or legal guardian who has agreed to this Terms of Use on behalf of the minor.

(f) Application. You agree that these terms will apply to all your future participation in any of the yoga classes, exercise or activity organised by The Yoga School.

4. Payments

The Yoga School uses a third party payment processor to facilitate payments on this Site. If you choose to make payment on this Site, you acknowledge and agree that your use of the payment service is governed by and require your acceptance of the terms of service and privacy policy of the third party payment processor. Furthermore, you acknowledge and agree that such terms of service and privacy policy are subject to change by the third party payment processor at its sole discretion and without any notice. You assume all risks arising out of or resulting from your use of the payment service, and you agree that The Yoga School will not be responsible or liable for any loss resulting from the same.

5. Intellectual Property

5.1 The Yoga School owns all right title and interest in and to this Site, including, without limitation, all intellectual property rights therein. Subject to the limited rights granted to you under this Terms of Use, all rights, title and interest in and to this Site are reserved to The Yoga School.

5.2 The trade marks, logos, and product and service names displayed on this Site (collectively the “Trade Marks”) are the property of The Yoga School or its licensors, and all rights to the Trade Marks are expressly reserved to The Yoga School or its licensors. You are not authorised to display or use the Trade Marks in any manner without our prior written consent.

6. Privacy

The Yoga School recognises the importance of keeping your personal data private and confidential. All personal data will be handled in accordance with our Privacy Policy (http://yogaschool.asia/privacy-policy), which is incorporated by reference into this Terms of Use.

7. Disclaimer and Indemnity

7.1 While all effort will be made to ensure that the content displayed on this Site (the “Content”) is accurate and complete, The Yoga School makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Content. The Content and this Site are provided on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

7.2 The Yoga School does not represent or warrant that: (a) the use of the Content or this Site will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Content or this Site will meet your requirements or expectations; (c) errors or defects in the Content or this Site will be corrected; or (d) this Site and servers are free of viruses or other harmful components.

7.3 This Site may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). The Yoga School is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

7.4 You will indemnify and hold harmless The Yoga School, its shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of this Site; (b) any use of your Account; (c) your breach of this Terms of Use; (d) your breach of any statutory requirement, duty or law; or (e) your violation of any rights of another person or entity.

8. Miscellaneous

8.1 The Yoga School shall not be liable for any failure to perform its obligations under this Terms of Use if the failure results from an event beyond its reasonable control which delays, interrupts or prevents the performance of its obligations under this Term of Use.

8.2 If any provision of this Terms of Use shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such event shall not affect the legality, validity and enforceability of the remaining provisions.

8.3 Except as provided herein, any failure by us to exercise a right or require performance of an obligation in this Terms of Use shall not affect our ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Terms of Use constitute a waiver of any subsequent breach.

8.4 You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

8.5 This Terms of Use constitute the entire agreement between you and The Yoga School and supersedes all prior or contemporaneous understandings and/or agreements between you and The Yoga School.

9. Governing Law and Jurisdiction

You hereby agree that the laws of Singapore shall govern this Terms of Use and that the courts of Singapore shall have exclusive jurisdiction over any dispute arising out of or in connection with this Terms of Use.