TERMS services (including live-streaming and pre-recorded content) and all

TERMS & CONDITIONSWelcome to the A LiveYogi website and Subscription service, which are owned by A Live Yogi Pty Ltd.

ALive Yogi Pty Ltd (A Live Yogi) and ourrelated companies (we, our, us)provide a subscription service that provides our subscribers with access tolive-streamed and pre-recorded yoga, meditation and general wellness content,directly to compatible phones, ipad’s/tablets, televisions, computers, andother devices (Devices).These Terms apply to your use of the A Live Yogi services, including but notlimited to:The websiteYour Subscription whichallows access to applications, media streaming services (includinglive-streaming and pre-recorded content) and all other content and services as deliveredby A Live Yogi An e-commerce site,allowing users to purchase productsOther websites or onlinecontent provided by or for A Live Yogi, including materials, classes,resources, products, tools, content, services and social networking features. All other servicesprovided by A Live Yogi (all of the aforementioned a-e, collectively beingreferred to as Services and Content). SUBSCRIPTIONNon-members arecurrently permitted to view a limited portion of the website prior to decidingwhether to subscribe. To access our full servicesyou will need to sign up as an A Live Yogi member. The term member is usedinterchangeably with subscriber and customer. Subscription gives youaccess to the A Live Yogi existing and live-streamed content.

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Subscription isonly available on a monthly basis and you will be charged a fee monthly foryour subscription (Subscription Fee).Your subscriptioncommences on the day you first pay your Subscription Fee and will expire onecalendar month thereafter. Your Subscription will automatically renew for thesame term upon expiry unless terminated in accordance with these Terms . By signing up for a Subscription, you authorise A Live Yogi tocharge your Subscription Fee to the card details you provide.The Subscription Fee iscurrently A$19 per month inclusive of any applicable Australian Goods andServices Taxes. The Subscription Fee is payable in Australian dollars or othercurrency as applicable. The Subscription is offered to you on the conditionthat you accept and agree to be bound by these Terms & Conditions in itsentirety without modification of any kind.You are responsible for notifying us of any changesto your credit card information and to update your information if your creditcard has expired.

If for any reason we are unable to process your automaticpayment via your payment method, we have the right to cancel your Subscriptionuntil payment of your Subscription Fee is received. You are required to notifyus of any billing problems or discrepancies within forty-five (45) days afterthe billing date by emailing [email protected] times, we may offer asubscription at a discount, with a promotional offer or under different termsto those disclosed in the Terms & Conditions (Promotional Offer).

If any PromotionalOffer applies to your subscription, these will be communicated to you at thetime you initially subscribe. Payment Method and BillingOn signing up forSubscription with A Live Yogi, you must provide us with a valid, acceptedmethod of paying the Subscription Fee (Payment Method). We currently onlyaccept Visa, MasterCard and AMEX. Your Payment Method can be changed through MyAccount > Subscriptions.By completing the Subscriptionform and providing us with a Payment Method you authorise us to automaticallycharge you the Subscription Fee via the Payment Method you provide.

The Subscription Fee ischarged in advance via direct debit monthly, on the date corresponding to thedate on which you initially commenced your Subscription (Billing Date). Your Next Billing Datecan be located via My Account > Subscriptions. Your Billing Date may bevaried without notice at times to account for: Where your Payment Method has not been charged successfully and we are re-attempting to charge you; Differences between months (e.g.

if your monthly Billing Date is the 31st, for 30 day months you will be charged on the 30th); Leap years; or Other circumstances which may ariseYou can find and downloada tax invoice for your payments via My Account > Payments.Please note, if you arenot based in Australia, the issuer of your Payment Method may charge you aforeign transaction fee or other charges for payment of the Subscription Fee.The Subscription Fee isinclusive of all other fees and taxes (if applicable).Termination by youIf you choose to terminateyour Subscription, this can be done at any time via My Account > Subscriptionsand select “Cancel”. You will still have fullaccess to the Services and be required to pay for your Subscription until thenext Billing Date.You need to terminateyour Subscription at least seven days before the next Billing Date to ensure yourSubscription does not automatically renew for the same term.For example, if youfirst paid for a monthly Subscription on the 12th of February, youneed to cancel your Subscription via My Account > Subscriptions, by the 5thof March to ensure your payment does not automatically renew.

Termination by A Live YogiIf you do not pay yourSubscription Fees or if we have reason to suspect that you or a third party areusing the Subscription improperly or inappropriately (for example sharing yourSubscription with multiple people or posting inappropriate comments on thecommunity Chat or social media), or illegally or if you otherwise do not complywith these Terms & Conditions, we reserve the right to immediatelyterminate or suspend your Subscription and access to the Services withoutnotice to you. We will not be liable to you for any loss or damage as a resultof termination or suspension and you will still be responsible for paying anyoutstanding Subscription Fees to us unless we advise you otherwise.We may terminate yourSubscription, due to any other reason that we determine satisfactory.

RefundsIf you terminate yourSubscription we will generally not provide any refunds unless required by law.If you wish to cancel your subscription, please ensure you do so via My Account> Subscription at least seven days prior to your Next Bill date.Subscription Terms of UseBy signing up for aSubscription and accessing the Services and Content, you accept and agree that: you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract; you have provided to us information in relation to your Subscription that is true, accurate, current, complete and to the best of your knowledge; you are obliged to maintain and promptly update your account information if your circumstances change; you will only access the services and content available for your own personal, non-commercial use. you understand that your Subscription grants you a limited, non-exclusive, personal and non-transferable license in order to stream the Content; you will only stream the Content on up to four Devices in total; you will use the Services and Content in accordance with all applicable laws and regulations. you have not previously had your Subscription cancelled or terminated by us; you must not download (other than through caching necessary for personal use), copy, reproduce, offer for sale, distribute, modify, mimic, display, publicly or privately screen, perform, publish, license, pose as a representative of, create plagiaristic works from, or use the services and content (except as expressly authorised in these Terms & Conditions), without our prior written permission; you will not attempt to do any of the following: manipulate, circumvent, remove, alter or effect any digital rights management, anti-piracy or other protective measures used in connection with the Services and Content; manipulate, impair or disable the content or services in any way; or decompile, reverse engineer or disassemble the Services or Content; attempt to bypass any technology which prevents access to the Services and Content in certain geographic locations; you grant a licence to us, to use and distribute your User Content. You understand that we may use or display any comments, information, testimonials, ideas, reviews, techniques or any other material contained in any communication you may send to us or post on the Services, website or advertising platforms (Commentary), without any payment to you, for any purpose whatsoever. Accordingly, by commenting, posting, displaying or otherwise making available any User Content on or through our website, services or content, you hereby grant us authority to use, copy, create derivate works, publicly display, store or otherwise use this User Content. This includes, but is not limited to, marketing and promotion, product development and improvement of the Services and content provided.

In addition, you agree not to enforce any moral rights in and to the Commentary, to the extent permitted by law; you are solely responsible for your Account management, commentary and must ensure your Account login and password remain unknown to other persons. Commentary includes but is not limited to discussions on Chat forums within and outside of the A Live Yogi website as well as social media accounts. we may remove your Account commentary without notice; your Account management and commentary must not be defamatory, offensive, misleading, derogatory to us or any other persons, harassing, illegal, false, obscene, or infringe on the rights of third parties; Services and content may update from time to time without notice and may vary in functionality across Devices.SERVICESAND CONTENTThe availability, qualityand speed of delivery of streamed Services and Content may vary from time totime due to a number of factors, including but not limited to: internet connection of service providers including yoga teachers and persons engaged to provide the Services and Content; your internet connection.

An internet connection is required to access the Services and Content. Bandwidth, coverage and data limits may vary depending on your provider. You are responsible for establishing your internet connection and for all charges associated with internet access; your device/s. It is your responsibility to ensure that your Device/s are compatible with the Services and Content provided. Note that device compatibility may change from time to time, particularly due to technology updates; changes to Services and Content.

We are constantly improving our library content, live content and services in order to provide you with a premium subscription experience. As a result, the Services and Content may change from time to time without notice; other unforeseen circumstances that may arise.The Services and Content,may contain advice, opinions, promotional and marketing offers, website links andproduct in connection with or provided by third parties. Third party softwaremay be required to access the Services and/or Content (Third Party Content). Weare not responsible for any Third Party Content. Your use, provision ofinformation to, and reliance on Third Party Content may be subject to terms andconditions set by that third party.

We do not necessarily recommend, approve, endorse,control or sponsor any Third Party Content, especially product, teachers,poses, medical tests, advice or claims, practitioners, procedures ortreatments, and you use and rely on any Third Party Content at your own risk.Medical DisclaimerPriorto starting any yoga, meditation or exercise classes, workshops or tutorialsoffered by us, you should seek professional medical advice from your chosenphysician to determine whether the Services and Content provided are suitablefor your needs. A Live Yogi and its teachers, staff or representatives are nottrained to and cannot provide you with medical advice, injury advice ordiagnosis of symptoms.

The use of equipment, poses presented, moves, instruction,advice or information included in your Subscription are suggestions only andshould be used as a guide only. It is your responsibility to ensure you electto use poses, movements and use of the Services and Content that are suitableto you and your body. Use your own judgement in deciding on whether to rely oninformation contained within the Services and Content. No suggestions, comments,advice or information contained in the Service and Content should be construedas any form of medical advice, treatment or diagnosis. Always seek advice froma qualified medical practitioner for health issues. In the event of a medicalemergency, contact your doctor or emergency services.BySubscribing to A Live Yogi and by using the Services and Content provided, yourepresent that you understand that the Services and Content provided containsphysical exercise which carries the risk of injury, whether it be physical ormental.

It is your responsibility, and you should use your own judgement indeciding on your physical and mental capabilities for each exercise and class.Choose poses, movements, classes and exercises that are suitable to you andyour body, and do not participate in classes, exercises, poses or activities thatexceed your capabilities. Teachers, staff, representatives or third partiesdemonstrating physical exercises via the Services and Content may suggestphysical exercises, poses or adjustments and it is your responsibility todetermine whether this is suitable for you and your body. You expressly waiveand release any claim that you may have at any time for injury of any kindagainst A Live Yogi, it’s associated entities, any person or entity involvedwith A Live Yogi, including without limitation its directors, teachers, employees,independent contractors, agents, contractors, affiliates and representatives.Geographical limitationsSome Services andContent may not be available in your geographic location and as a result theseServices and Content cannot be viewed or accessed. The Services and Content isonly available in, and may vary between, the countries in which we offer theServices and Content. Member Account, Password andSecurityYou are solelyresponsible for your Account management, User Content and Commentary.

You aresolely responsible for maintaining the confidentiality of your accountinformation, login and security of your password. You are solely and fullyresponsible and liable for all access to and use of the website, services andcontent that occur in your account, whether it by accessed by yourself or aknown or unknown third party. All rights attaching to a Subscription youcreated are granted to you only.Access your Subscriptioninformation by going directly to My Account after you have logged in. We willnot request your Payment information via email or through a hyperlink in anemail.In the event yourdevice/s are lost or stolen, you should de-activate your Subscription, via MyAccount.

 You agree to immediately notifyus by emailing [email protected] of any unauthorised use of your account orpassword, or any other breach of security. You understand that we will not beliable for any loss or damage that arises from your failure to comply withthese items. Views RepresentedServices and Contentprovided and/or promoted by A Live Yogi does not necessarily represent theviews and opinions of our directors, sponsors, partners or affiliates.LiabilityThe Services and Contentprovided by A Live Yogi are provided ‘as is’ and ‘as available’ with all faultsand without warranty. Accordingly, to the maximum extent permitted by law, wedo not guarantee, represent or warrant to you that the Services and/or theContent: are or will remain compatible with any Device/s; are provided error-free or uninterrupted, particularly with reference to internet connection; provide accurate, reliable, suitable or complete advice, suggestions or information; are or will remain available in your location; or are monitored or protected from User Account Content and comments or Third Party Content that may be in breach of these Terms of Use or applicable laws; or that the Services are free of viruses or other spyware that could damage your Device/s.We disclaim allliability for any loss or damage (including, but not limited to, special,indirect, consequential loss or damage or loss of profits) rising directly orindirectly in connection with abovementioned items i – vi and the use of theServices and/or the Content by you or any third party.

In Australia services withguarantees that cannot be excluded under The Australian Consumer Law, are listedin Schedule 2 of the Competition andConsumer Act 2010 (Cth). Where permitted by law we limit our maximumliability in relation to the Services and Content to be equal to a refund of theSubscription Fee paid for the affected period. In event of a major failure ofthe Services and Content, you may be entitled to a resupply or refund of yourSubscription fee for the affect period. IndemnityYou indemnify us fromand against any loss, damage, costs (including legal costs), expenses or otherliability arising out of any claim or demand in relation to your Subscription,User Account, or your use of the Services and/or Content. The indemnity givenby you is limited to the extent that any negligence or breach of these Terms &Conditions by us has contributed to the liability in question.MiscellaneousIf any provision orinclusion of these Terms & Conditions shall be found to be unenforceable, invalidor illegal, the remainder of the provisions shall continue to remain in fullforce and effect.Should a conflictbetween these Terms & Conditions and any information provided by our teachers,employees, support team, the Services or otherwise arise, these Terms &Conditions will prevail.

These Terms &Conditions are governed by the laws of Queensland, Australia.Copyright and PropertyThe Content and Servicesare the property of A Live Yogi, or, where applicable and agreed upon, theproperty of third parties. All intellectual property rights in the Services andContent are reserved accordingly, aside from the limited personal licence whichhas been granted to you in these Terms & Conditions. If you suspect any workshave been reproduced or distributed in a way that constitutes copyrightinfringement or if you are aware of any infringing material available throughour Services please contact us immediately.We do not endorse or acceptunsolicited resources or ideas for Services and Content. Should you send anycontent, resources or ideas, you do so with the knowledge that no payment willbe provided to you.

By sending this content, resources or ideas you waiver anyclaim against us regarding the use of same. ModificationsWe may make modificationsto these Terms & Conditions, the Services and Content provided.If changes are madewhich relate to your Subscription (specifically your Subscription Fees, BillingDates, Payment Methods or Cancellation of your Account), we will let you knowby email at least 14 days before the changes take place. You may cancel your Subscriptionin accordance with these Terms & Conditions is you are not satisfied withthe changes. Any other changes to theServices and Content, may be done without notice to you. You acknowledge andagree that it is your responsibility to review these Terms & Conditions ona regular basis to ensure you keep up to date with the latest modifications. Contact and CommunicationPlease get in contactwith us if you have any other questions.

Find our contact details here.If we need to contactyou, we will usually send an email to the address you provided when you signedup for your Subscription. Please ensure youprovide accurate contact details as this is how we will send importantinformation like Account access details, payment authorisations, cancellationconfirmation and password change requests. Any electronic communications givenby us should be treated as notice given in writing. You understand that bysigning up for your Subscription you authorise us to contact you by electronicmeans of communication.We will send youinformation such as e-newsletters, promotional offers, special deals, surveysand promotional announcements via email or other means of communication.

Ifyou’d prefer not to receive these emails you can opt out via the ‘Unsubscribe’section provided in the communication. If you are unable to locate the ‘Unsubscribe’section, please email [email protected] for assistance.Subscription SupportIf you require assistancewith your Subscription, please check the FAQ where we have answered some of themost common questions. You can also reach us via the contact options above. If you are not satisfiedwith the above Terms & Conditions, please do not proceed with yoursubscription or use of our services as your continued use means you agree to,and abide by these terms and conditions.

Our Privacy Policy,along with any other terms and conditions that appear in or are linked to ourWebsite, also form part of these Terms of Use. Last updated 22 January 2018.