By visiting yogaseven.ca (the “Site”), you are consenting to our terms of services and all related policies that are referenced herein.
By using the Site all visitors, referred to as “user”, “you” and “your”, are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to 2402014 Ontario Ltd. (“Yoga Seven”). Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
- By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. Yoga Seven reserves the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
- To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
- In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Yoga Seven will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
- You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, 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.
- You acknowledge that the instruction offered by Yoga Seven is limited to that of instruction in basic yoga and fitness (the “Services”). You understand that there are risks associated with participation in any or all the Services offered by Yoga Seven and you freely accept these risks. You are not aware of any medical condition that would affect your ability to participate in any of the Services offered by Yoga Seven, and accept that it is your responsibility to consult with a physician regarding your participation prior to beginning the Services.
- You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any Yoga Seven classes, workshops, or events by you, whether in person or online, is strictly prohibited without the prior written consent of an authorized officer of Yoga Seven, namely Joanne Heaney or Ginty Burns. Yoga Seven instructors are not authorized to provide consent. This restriction extends to even a temporary recording/transmission of a Yoga Seven online class, workshop, or event via any online platforms, including without limitation, anu social media platforms, including but not limited to SnapChat, Facebook, Instagram, TikTok, and/or Zoom. Any violation of this policy is grounds for exclusion from future participation in any of Yoga Seven’s Services. You further agree to indemnify, defend, and hold harmless Yoga Seven, its members, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss.
- The Site may contain links to third-party websites and resources. You acknowledge and agree that Yoga Seven is not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Yoga Seven. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Yoga Seven has no responsibility or liability for the independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
- You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Limitation of Liability/Waiver
- You assume all risks and accept sole responsibility for any injury to yourself including, but not limited to, personal injury, disability, death, illness, infectious diseases, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at Yoga Seven or the Services, whether online or in person.
- You acknowledge that Yoga Seven and/or its affiliates takes infectious diseases such as COVID-19 very seriously and has put in place preventative measures to reduce the spread; however, Yoga Seven and/or its affiliates cannot guarantee that you will not become infected. Furthermore, you recognize that attending in-person classes, workshops, or events at Yoga Seven could increase your risk, as well as your friends’ and family members’ risk of contracting infectious diseases such as COVID-19.
- You hereby release, covenant not to sue, discharge, and hold harmless Yoga Seven and/or its affiliates, its employees, agents, and representatives, from liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to participation in the Services in any medium. You understand and agree that this release includes any claims based on the actions, omissions, or negligence of Yoga Seven and/or its affiliates, its employees, agents, and representatives.
- You agree that under no circumstances shall Yoga Seven be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Services. Additionally, Yoga Seven is not liable for damages in connection with (i) the performance of the Services, (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Yoga Seven has been advised of the possibility of or could have foreseen the damages.
- You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
- By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with the Services by Yoga Seven unless a separate Terms of Purchase Agreement is provided at purchase.
- Listed prices do not include HST, which will be added in addition to the class price at point of sale if applicable.
- Passes are non-refundable.
- Discounts cannot be combined with any other offer or promotion.
- Yoga Seven’s class passes (except complimentary passes) are valid for one year from date of purchase, after which any unused classes will expire.
- Yoga Seven’s class pass packages, if available, may be shared with a friend or family member. This must be arranged with Yoga Seven so the people sharing the pass are clearly designated.
- Unlimited memberships may not be shared with another person.
The Services purchased by you from Yoga Seven can be cancelled. However, there may be a financial penalty for cancellation as set out below.
- Registration for in-person classes must be cancelled more than 2 hours before the class begins.
- Registration for livestreamed classes must be cancelled more than 30 minutes before the class begins.
- Failure to cancel a registration within the specified timeframes will invoke the following charges:
(i) For drop-in passes or multi-class passes, you will be charged the price of attendance for that class, i.e. one class pass.
(ii) For unlimited monthly memberships, if you register for and fail to show up for more than two classes in a week, you will be charged a $10 “no show” fee to your credit card on file.
The Site contains intellectual property owned by Yoga Seven including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Yoga Seven name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent obtained from an officer of Yoga Seven. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, regardless of the conflict of laws principles thereof.
You have read this document carefully and acknowledge that you have complete knowledge and understanding of its contents.