Section 1. OVERVIEW
These Terms of Service (“Terms”) apply to all site users, customers, and other visitors of our website. By using our website and/or Services, you hereby agree to have read and acknowledged this Terms of Service and the Privacy Policy set forth herein (collectively referred to as “Agreement”), without modification. “You” or here forward referred to as (“Client” and/or “Customer”) agree to be provided with Program created by Annie Au (“Owner”) in her capacity as Owner of Annie Au Yoga/Classes to Courses and here forward referred to as (the “Company” and/or “we”, “us”, “ours”) and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”)
The Privacy Policy (“Privacy Policy”) contained herein outlines how we may collect, use, and share information about you when using our website, together with products and services we offer from time to time on our website and social media pages, including, but not limited to, Instagram, Teachable, LinkedIn, Twitter, TikTok, YouTube, Facebook and Pinterest (collectively referred to as “Services”). This Policy describes both our and your legal rights and responsibilities with regards to information contained on and collected by our website, including information that identifies you, such as your name, location, contact information, e-mail address, search tendencies, and how you use our website (collectively referred to as “Personal Information”). We take seriously our responsibility to protect your personal information and privacy.
Section 2. TERM
This Agreement shall be effective immediately upon visiting, using or interacting with (collectively referred to as “using” or “visiting”) our website. By using our website, the user accepts to be bound by the terms included herein and shall remain effective so long as the user avails itself of the website’s Services.
We may change or amend this Agreement at any time. Any changes to this Agreement will be posted on our website and will be effective when published unless otherwise stated. If you use our website or Services after the effective date of any changes, then you agree to comply with the changes and the entire Agreement.
Section 3. APPLICABILITY
To use or access our website and Services, you must be eighteen years or older than the age of majority, and must have the ability to enter into this Agreement.
Section 4. USE FOR LAWFUL PURPOSES ONLY
All users and visitors must use this website and its Services for lawful purposes only. You hereby agree to use our website, content, products, and other Services for legitimate and non-commercial purposes only. You shall not transmit any material through our website which violates or infringes the rights of us or others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which encourages criminal or illegal conduct or that would give rise to civil liability or otherwise violate any law.
Section 5. DISCLAIMERS, WARRANTIES, AND LIABILITY
A. Website-
The owner of our website / websites and any party affiliated with said websites or other social media platforms will assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site or social media platform. Any information by or on this Site or inside the Program is provided for promotional, informational or educational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, you accept and agree that following any information or recommendations provided therein is at your own risk.
B. Warranties & Guarantees
We strive to provide the most accurate information possible. However, we cannot ensure that our content is completely free from error or that it is timeless. As such, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, lack of errors, or fitness for particular purposes of any of the content or materials contained within and placed on our website, products, or other publications.
Furthermore Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses, such as Program, or any of our free offers. The client understands that the Program has been designed for general educational and informational purposes only, with the goal of teaching new skills and providing awareness of traditional business practices. Through the Program, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using our services and purchasing this Program, The client accepts any and all risks in the foreseeable or unforeseeable, arising from such any transaction with us and agrees that we will not be held liable for any damages of any kind resulting from the use or misuse of our program or any information obtained from any social media platform or any free resource. The client agrees that use of this Product is at user’s own risk.
C. Earnings & Results
We make no guarantee of any kind regarding the potential income or results that can be generated through the use of our Services, products or website. The Client would understand that they are solely responsible for how much income is generated to their own business by the implementation of our program. Furthermore we cannot take into account factors that might vary from market to market and we shall not be held responsible for any complications or failures that might arise from this.
From time to time, we may publish testimonials from clients - however, please keep in mind that past results are not an indication or promise of your own personal results.
D. Scope of Services.
The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. The client should understand that the Program is created to help you learn new skills and assist you with finding their own path and application. The Program may offer guidance on business decisions and how to execute them, but it is the responsibility of the client to make the final decision and choose the best option for their respective company/business.
E. Communication with Third-Parties.
This program may include community building activities such as access to a Student-only Facebook group. Company shall not be held liable, either directly or indirectly, for the decisions made on the client’s communication with any other student or third-party that may or may not be part of the Program.
We will often ask our clients to broaden their scope of communication with other clients for a broader understanding of the industry. It is critical to understand that these are general suggestions and the clients will hold sole responsibility for the implementation of whatever knowledge they obtain from said third party groups.
We shall not be held responsible for any conflicts, or damages that occur through Client’s communication and/or collaboration with a third-party. However we will take reasonable measures in our capacity to ensure there are no harmful parties involved in said groups affiliated with the program.
F. Affiliate Programs
We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labeled and disclaimed conspicuously.
G. Zero Tolerance.
Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other students inside the Program. “Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more. If Client or any other student harasess a Company member or other student inside the Program, Company will give one (1) warning to the client or the student to modify their behavior. Thereafter, upon a second incident of Harassment, the company will immediately remove the client or student from the Program and block-list them (ie. ban them from future Company offerings) with no money back. Whether or not a student is considered to harass another is at the sole interpretation of the company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.)
H. Limitation of Liability
By using our site and/or Program or free resources, the client hereby indemnifies the company and anyone affiliated with the company from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Program or free free resources. In no event shall Company or its agents 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 view or use the materials or content on the Site and/or Program, even if Company has been notified orally or in writing of the possibility of such damage.
I. Disputes & Customer Support.
The client hereby acknowledges they will raise that issue through private channels and not flood the community platform, the client shall email their inquiry / question / problem to “hello@annieauyoga.com”
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.
The company offers different payment options at the time of purchase for online product purchases,
If the client opts for a payment plan, Client will be responsible for paying the remaining invoices
A. The client hereby authorizes the company to automatically charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, the client does not require separate authorization for each payment.
B. Payment Default. If any payments fail, there will be an additional 3 more attempts to recover the due amount in the days following the due date. Additionally an email will be sent to the client notifying them in regards to the failed payment. Should all 3 attempts fail the client will automatically be unenrolled from the program.
C. The company reserves the right to send the client collections for any outstanding monies due and owed under this Agreement. The client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.
D. Chargebacks. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the company’s prior written consent. The company reserves the right to collect any and all monies owed by the client to the company for the Program, by any means necessary within the parameters of the law. The client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the company reserves the right to report the incident to credit reporting agencies as a delinquent account.
E. Blocklist + Disputed Payments. The company retains the right to ‘Blocklist’ you from accessing all materials, courses, or other products or services that the company offers in the event that the client does not pay their outstanding balance, disputed client’s payments, or if the client misappropriated any of Company’s Intellectual Property.
A. In order for the confirmation of your spot for the in-person teacher training program a down payment / deposit will be charged.
B. The above mentioned down payment / deposit is non-refundable under any conditions. Unless the training is canceled due to unavoidable circumstances by the company.
C. The remaining payment for the training should be made a minimum of 60 days before the commencement of the program. Failure to submit full payment upon deadline will result in forfeiting your reservation.
D. Failure of make this payment will result in the loss of both the reserved spot as well as the non-refundable deposit mentioned in section A.
E. Should a cancellation be made after the full payment has been done. A full refund minus the non-refundable deposit will be made if the cancellation is done 30 days prior to the commencement of the in-person program.
Section 8. SECURITY & INDEMNIFICATION
In order to maintain the security of your Personal Information, we have taken reasonable methods to prevent unauthorized access and maintain accuracy of all Personal Information collected by our website. Physical and technical methods of protection include limited numbers of internal personnel accessing your Personal Information, and password protecting documents or logs that contain Personal Information.
Transmission of information over the internet is not fully secure. As such, we cannot guarantee that any information you submit to us will be accessible to only us as the intended recipients. Any transmission is at your own risk. However, we do our best to protect your data and any information you provide. Nevertheless, if there is a security breach on behalf of an unauthorized party, you agree to indemnify us and hold us harmless for any and all claims against the unauthorized party.
We strive to prevent the introduction of malware, malicious code, and viruses to our website and our users (collectively referred to as “viruses”). However, due to the inherent nature of the internet, we are unable to guarantee or warrant that our websites, products, content or other Services are completely free from viruses. As such, we will not be liable for any damages or harm that is attributable to viruses that may arise after use of our website or Services. It is your responsibility to take reasonable measures to prevent the intrusion of viruses onto your hardware and software, and take appropriate steps to ensure your computer and web browser are not exposed to the risk of interference or damage from viruses.
Your use of our website, products and Services is completely voluntary. As such, you shall indemnify us and hold us and our agents and affiliates harmless for any damages or injury that may arise from your use of our website, products and Services, which include, but are not limited to, issues regarding the confidentiality and security of your Personal Information.
Section 9. ACCEPTANCE & SCOPE OF PRIVACY POLICY
This Privacy Policy is part of our Terms of Services, which address your access, exchange of information, and use of our Services. The Privacy Policy is incorporated herein. By using our website and Services, you hereby agree to all of the terms set forth in our Terms of Service and Privacy Policy. If you do not agree with our Terms of Service or Privacy Policy, then please do not use our website or Services.
This Privacy Policy applies to your Personal Information that is collected by us on our website through when you elect to use our Services. For more information about how we collect and use your information, see Sections 8 and 9 below.
This Privacy Policy does not cover the collection and/or use of your personal information by third-party programs or websites, such as search engines (i.e. Google), commerce platforms and plugins (i.e. WooCommerce, Square, Stripe, PayPal, Shopify, Venmo, and Zelle), website hosts (i.e Siteground, Google, Bluehost, Go Daddy, Kajabi or WordPress), e-mail marketing programs, video or messenger applications (i.e. Zoom, Slack, or Voxer), teaching or webinar platforms (i.e. Kajabi, Podia, Thinkific, Teachable), or social media platforms. The collection and use of data and information by third-party platforms and programs, such as those described above, are governed by each third-party’s respective privacy policy. However, you should not assume that third-parties have a privacy policy that is equivalent or similar to ours. As such, we are not liable or responsible under any circumstances for the collection and use of your personal information by third-parties or the third-parties’ compliance with their respective privacy policies.
By accepting our Privacy Policy, you hereby acknowledge that you are above the age of consent and majority in your jurisdiction. Minors should not use this platform and, as such, we do not knowingly or intentionally collect, share, or use Personal Information from minors.
Section 10. INFORMATION COLLECTED
A. “Personal Information” that is subject to these Terms and Privacy policy include, but are not limited to:
B. Information may be collected in one or more of the following ways:
Section 11. INFORMATION USED
A. By using our website, you hereby agree that any and all information collected in Section 8 hereto may be used for the following purposes:
B. The Personal Information collected and used may be shared with certain third-parties. Personal Information may be shared in the following ways:
C. The Personal Information that is collected will be stored in a commercially reasonable manner for as long as is necessary to protect our legitimate business interests, and to comply with applicable law. We reserve the right to collect and store your Personal Information to the extent that it is not prohibited by law.
D. We do not sell or license your Personal Information to third-parties for their own marketing or commercial purposes without your consent.
Section 12. CONFIDENTIALITY
A. All materials belong to the Owner and/or Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by the Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Program that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use.
Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Program is for their single individual use. Clients shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
This is the grant of a license, not a transfer of title, and under this license Client shall not:
If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
C. Infringement of Intellectual Property This license shall automatically and immediately terminate if Client violates any of the restrictions regarding Company’s Intellectual Property. Upon Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access may be terminated by Company at any time.
Suspicion includes, but is not limited to:
Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.
In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:
If Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
Section 13. CHOICE AND OPT-OUT
A. Cookies & Behavioral Based Advertising - We may work with third-parties, such as Google and Facebook, for marketing, advertising and other legitimate business purposes. For information as to how you can opt-out of some of these advertising services, be sure to change your internet browser’s settings to block cookies or ask permission before collecting cookies.
B. E-mail Marketing - We may, from time to time, require your e-mail address and other Personal Information to use our Services. If you do not want us to contact you via e-mail for promotional purposes, account management, updates, or product information, then you can elect not to share your e-mail address with us (although it may nevertheless be necessary to utilize a certain Service). At any time, you may manage your e-mail subscription preferences by contacting us at hello@annieauyoga.com at the link on the bottom of each e-mail sent by us.
C. Google Analytics - In order to opt out of Google Analytics, you may visit: https://tools.google.com/dlpage/gaoptout.
D. European Union - Residents of the European Union may have the following rights with respect to the collection and use of their Personal Information: i) right to review, verify, correct, and request erasure of your Personal Information that we collect and store; ii) limit, restrict, or object to the use of your Personal Information under certain circumstances; iii) the right to request the transfer of your Personal Information to another party under certain circumstances. For more information regarding your rights to your Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
E. California - Residents of California who are users of our site may request certain information regarding the disclosure of their Personal Information to third-parties for marketing purposes. All requests of this nature should be specific and addressed via e-mail to hello@annieauyoga.com. Users may also utilize a preference on their internet browser called Do Not Track. However, we may not respond to Do Not Track settings. For more information about California Do Not Track and your rights as a California resident with respect to your Personal Information, please visit: www.allaboutdnt.org.
Section 14. GOVERNING LAW & VENUE
Annie Au Yoga is located in Sri Lanka and is subject to the applicable laws governing Sri Lanka. The governing law for this agreement is the law of Sri Lanka.
Section 15. INTELLECTUAL PROPERTY & STOCK PHOTOGRAPHY
A. Stock Photography - This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
B. Intellectual Property - This website, content and products contain intellectual property owned by us. and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent.
Section 16. MISCELLANEOUS
A. Amendments - We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our website. We will take reasonable efforts to notify you of any changes that are made.
B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
Section 17. SPECIFIC PRODUCT TERMS OF USE
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Section 18. GENERAL TERMS OF USE
A. Refund Policy - Due to the nature of the products and Services provided, and the electronic transmission of same, you hereby agree and acknowledge that all sales are final. You agree and acknowledge that your purchase of any product or Service is non-refundable, under any circumstances.
B. Limited License - You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use.
Section 19. UPDATES
[RESERVED]
Section 20. CONTACT
You may contact us at any time with questions or concerns regarding our Terms of Use and Privacy Policy. To do so, please e-mail us at hello@annieauyoga.com.