New Harmony Yoga NZ Limited
TERMS OF TRADE
1. Interpretation
1.1 These Terms of Trade are entered into on behalf of and are intended to bind you and be for the benefit of New Harmony Yoga NZ Limited.
1.2 In these conditions:
"us" or “our’ means New Harmony Yoga NZ Limited.
"you" or “your” means the person buying the Services from the Supplier.
"Agreement" means the Agreement between us and you.
"Price" means the price of the Services as listed on our website.
"person" includes a corporation, association, firm, supplier, partnership or individual.
"Services" means the services performed by us which shall include but not be limited to yoga classes, wellbeing classes and other exercise material.
Headings are used as a matter of convenience only and shall not affect the interpretation of these conditions.
2. Our Agreement
2.1 These terms of trade ("Terms of Trade") set out the Agreement for your access to and use of our Services and website (the "Agreement").
2.2 You should read this Agreement carefully, along with our privacy policy ("Privacy Policy") which can be found on our website, before using any of our Services.
2.3 Your use of our Services means that you accept and agree to the termsof this Agreement. If you do not agree to the terms of this Agreement, please do not use any New Harmony Yoga NZ Limited Services on the website.
3. Agreement and Price
3.1 The price contained on our website is based upon rates and costs at the time of publication. The price may be increased by us at any time.
4. Taxes and Duties
4.1 Unless expressly excluded, any Price given by us, goods and services and other taxes, duties assessed or levied in connection with the supply of the Services to you are included in the price.
5. Payment
5.1 The Price is payable immediately upon booking of the Service. You will not be able to access the service without making payment.
5.2 Payment will be made in accordance with the instructions on our website from time to time.
5.3 Any additional payments due by you pursuant to these terms of Trade or any other Agreement between you and us must be paid within 7 days of the date of our invoice to you (time being of the essence).
5.4 You are not entitled to withhold payment or to make any deductions from the price without our prior written consent.
6. Disposal of Products
6.1 We may dispose of any products provided to you and not viewed after three months from posting said products.
7. Exclusion of Warranty & Liability
7.1 Except as expressly set out in this document, all representations, conditions and warranties (express or implied) applying between us and you, whether statutory or otherwise are excluded as far as the law allows.
7.2 The entire liability of us to you, or any other person, whether statutory, contractual, tortious or otherwise, is limited to the Price.
8. Default
8.1 If you default in the due payment of any moneys payable to us under to these terms of trade or if you commit any act of bankruptcy, enter into any composition or arrangement with creditors or (in the case of a company) do any act which would render you liable to be wound up or have a receiver appointed over its property, we, without prejudice to any other right it has at law or in equity, may, at our option, suspend or terminate the Agreement, and payment for the Services delivered and work performed up to the date of such suspension or termination and any other moneys payable hereunder will immediately become due and payable.
9. Intellectual Property
9.1 Copyright in all classes, designs, insights, customer lists, data, price lists, sales and all other technical information supplied by us to you is vested in us and is confidential and must not be copied, lent or used without our written consent.
9.2 We reserve all rights to use the Services for any promotional or advertorial purposes.
10. Law and Jurisdiction
10.1 The Agreement in all respects is deemed to be an Agreement made in New Zealand and is governed exclusively by New Zealand law.
11. Content Restriction
11.1 You may only use the Services for your own personal non-commercial use.
11.2 You must not use the Services in any way that infringes any of our intellectual property rights, including, for example, amending or broadcasting the Services.
12. Disclaimer
12.1 Our staff are yoga professionals and are not medically trained. Should you have any health condition that may affect your ability to partake in physical activity, please consult a medical practitioner before signing up for any classes. Should you seek the opinion on an injury, illness, tightness or any other ailment from one of our instructors, it is with the knowledge that any opinion given is an opinion of non-health professional only.
12.2 You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of our Services, except where injury to your person has been caused by our negligence.
13. Changes to this Agreement
13.1 We may change the terms of this Agreement from time to time. The circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about our Services, where we need to make changes to our Services in order to improve them and for safety or security reasons.
13.2 If you continue to use our Services following any change to the terms of this Agreement, you agree that this constitutes your acceptance of the amended terms of this Agreement. The most up to date terms of this Agreement will always be available on our website from the effective date of those updated terms of this Agreement.
14. Ending your right to use our Services
14.1 We may end your right to use all or any part of our Services if we have a reasonable belief that you have breached this Agreement or if you are using the Services in any manner other than for its intended purpose, fraudulently or illegally.
14.2 If we discontinue the Services, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for our Services but not yet received.
15. Your Obligations
15.1 You must not, and must not allow third parties, to:
a. attempt to copy, reproduce, publish, transmit, broadcast, archive, distribute, modify, display, perform, transfer, create derivative works from, offer for sale, or use (except as explicitly authorised in this Agreement) content and information contained on or obtained from or through our Services without express written permission from us;
b. use our Services for public performances including, without limitation, performance in or for any fitness facility;
c. use the Content to teach or instruct any yoga class;
d. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our Services;
e. use any robot, spider, scraper or other automated means to access our Services;
f. decompile, reverse engineer or disassemble any software or other Services or processes accessible through our Services (except as permitted by applicable law);
g. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Services. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else.