Terms and Conditions

Online Class Waiver of Liability

*We are not doctors. By participating in our yoga classes, this is done at your own discretion.*

When participating in Buddha Body Yoga online classes and Membership,  I hereby agree to the following:

That I am a participant in the yoga class created by Michael Hayes called Buddha Body Yoga. I recognize that yoga requires physical exertion and may cause physical injury. I am fully aware of the risks and hazards involved in the activity. 

I understand that it is my responsibility to consult with my physician prior to and regarding my participation in Buddha Body Yoga. I represent and warrant that I am physically fit and have no medical condition that would prevent my full participation. 

In consideration of my commitment to participate in the Buddha Body Yoga class, I agree to assume full responsibility for any risk, injuries, or damages, known and unknown, which I might incur as a result of participating in the Buddha Body Yoga class. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

 

1. Account terms

1. You must be 18 years or older or at least the age or older. 

2. To access and use the Buddha Body Yoga Membership, you must register for a an account by providing your name, current address, phone number, a valid email address, and any other information indicated as required. Buddha Body Yoga may cancel an existing Account, for any reason, in our sole discretion.

3. You acknowledge that Buddha Body Yoga will use the email address you provide as the primary method for communication.

4. You are responsible for keeping your password secure, which is your means of entering the Buddha Body Yoga Membership area. Buddha Body Yoga cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Buddha Body Yoga will result in an immediate termination of your services.

2. Account activation

1. Subject to section 2.2, the person signing up for the Membership will be the contracting party (“Account Owner”) for the purposes of our Terms of Membership and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Membership.

2. If you are signing up for the Membership on behalf of someone else, that person shall be the Account Owner. If you are signing up for the Membership on behalf of someone else, then you represent and warrant that you have the authority to bind that person to our Terms of Service.

3. Upon completion of sign up for the Membership, Buddha Body Yoga will collect your credit card and store it on a secure server on Stripe.

4. If you do not wish to continue using the Membership, it is your responsibility to cancel your membership.

3. General conditions

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and the Privacy Policy before you may become a member of Buddha Body Yoga.

1. Technical support is only provided to paying account holders and is only available via email.

2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New York with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3. You acknowledge and agree that Buddha Body Yoga may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Buddha Body Yoga website, available at http://buddhabodyyoganyc.com/terms-and-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Membership after the amended Terms of Service are posted to the Buddha Body Yoga website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue your Buddha Body Yoga Membership.

4. You may not use the Membership for any illegal or unauthorized purpose nor may you, in the use of the Membership, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of New York.

5. The Membership in some cases provides “API Credentials” (the secret key and access token that allow you to make authenticated requests to the Membership API). You are solely responsible for the activity that occurs using your API Credentials and for keeping your API Credentials secure.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Membership content, use of the Membership, or access to the Membership area without the express written permission by Buddha Body Yoga.

7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Buddha Body Yoga, or Buddha Body Yoga trademarks and/or variations and misspellings thereof.

8. Questions about the Terms of Service should be sent to [email protected]

9. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

10. You acknowledge and agree that your use of the Buddha Body Yoga Membership, including information transmitted to or stored by Buddha Body Yoga, is governed by its privacy policy at https://buddhabodyyoganyc.com/privacy-policy

4. Buddha Body Yoga rights

1. We reserve the right to modify or terminate the Memberhsip for any reason, without notice at any time.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Materials and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Buddha Body Yoga student, Buddha Body Yoga employee, member, or officer will result in immediate account termination.

5. Buddha Body Yoga does not pre-screen Materials and it is in their sole discretion to refuse or remove any Materials that is available via the Membership.

6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Buddha Body Yoga employees and contractors may also be Buddha Body Yoga customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

8. Buddha Body Yoga retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Buddha Body Yoga reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

5. Limitation of liability

1. You expressly understand and agree that Buddha Body Yoga shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2. In no event shall Buddha Body Yoga or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Buddha Body Yoga partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

3. Your use of the Membership is at your sole risk. The Membership is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.

4. Buddha Body Yoga does not warrant that the Membership will be uninterrupted, timely, secure, or error-free.

5. Buddha Body Yoga does not warrant that the results that may be obtained from the use of the Membership will be accurate or reliable.

6. Buddha Body Yoga does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Membership will meet your expectations, or that any errors in the Membership will be corrected.

Which means

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Buddha Body Yoga Membership is as is so it may have errors or interruptions and we provide no warranties.

6. Waiver and complete agreement

The failure of Buddha Body Yoga to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Buddha Body Yoga and govern your use of the Membership, superseding any prior agreements between you and Buddha Body Yoga (including, but not limited to, any prior versions of the Terms of Service).

Which means

If Buddha Body Yoga chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Buddha Body Yoga don’t apply if they conflict with these terms.

7. Cancellation and termination

1. You may cancel your account at anytime.

2. Upon termination of the Memberships by either party for any reason:

  1. Buddha Body Yoga will cease providing you with Membership services and you will no longer be able to access your Account;
  2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

3. If you cancel the Membership in the middle of your monthly billing cycle, your account will remain active until the end of that billing cycle. You will not be charged any additional months membership fees. 

4. We reserve the right to modify or terminate the Buddha Body Yoga Membership for any reason, without notice at any time.

8. Modifications to the service and prices

1. Prices for using Buddha Body Yoga are subject to change at any time and without notice from Buddha Body Yoga.

2. Buddha Body Yoga reserves the right at any time to modify or discontinue, the Membership (or any part thereof) with or without notice.

3. Buddha Body Yoga shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

9. Security

Buddha Body Yoga’’s Payments does not handle “Card Data” (defined as a cardholder’s account number, expiration date and CVV2) as we do NOT receive or store card holder data. We provide a checkout page which sends “Card Data” to your merchant processor directly at time of checkout processing. We then receive a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.

10. Optional tools

1. Buddha Body Yoga may provide you with access to third party tools over which Buddha Body Yoga neither monitors nor has any control or input.

2. You acknowledge and agree thatBuddha Body Yoga provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. Buddha Body Yoga shall have no liability whatsoever arising from or relating to your use of optional third party tools.

3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

4. Buddha Body Yoga strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.

11. Legal responsibility

Buddha Body Yoga assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.

12. Privacy & Data Protection

Buddha Body Yoga is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Membership, you acknowledge and agree that Buddha Body Yoga’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Buddha Body Yoga’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum

 

Contacting Buddha Body Yoga.
Please feel free to contact us if you have questions about our Terms and Conditions. [email protected]

Update : 1 May 202