Terms of Use

Mysan Yoga Pty Ltd ACN 611 291 019 (Mysan Yoga) owns and operates this Website. Access to and use of this Website, and the products and services available through this Website (collectively, Services), are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

(a)        As a user of this Website you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Website and the Services in accordance with these Terms of Use.

(b)        Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

(c)        Access to some of the Services available on this Website requires you to register. If you request registration, you agree to provide the Mysan Yoga with accurate and complete registration information. You agree to ensure your registration details are accurate at all times and undertake to update your registration details from time to time when they change.

(d)        Upon registration, you agree to pay for the Services in accordance with the prices set out on this Website.

(e)        You must keep confidential your account and password details. To the extent permitted by law, you agree to accept responsibility for all activities that occur under your account or password.

(f)         Each registration is for a single individual only. You must not permit anyone other than you to use your account and password to access the sections of this Website or Services requiring registration. 

(g)        As a registered user you may access the Services for your information and personal use during the period of your registration.

(a)        The Services are provided to adults over the age of 18 years. By proceeding to purchase through the Website, you acknowledge that you are over 18 years of age.

(b)        All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

(c)        Despite our best efforts, some product descriptions on this Website may contain errors. Mysan Yoga does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Mysan Yoga does not warrant or represent that the information available on or through this Website will be correct, accurate, timely or otherwise reliable. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

(d)        Additional terms and conditions may apply to purchases of goods or services and to specific Services of this Website, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is any conflict between these Terms of Use and the terms posted for or application to specific Services of this Website, the latter terms shall prevail to the extent of any inconsistency.

(a)        The Services are for your personal, lawful use only and not for commercial exploitation. You may not sell, lease, sublicence, create derivative works from or otherwise commercially exploit this Website or the Services.

(b)        You may not copy, modify, reproduce, republish, distribute, display (other than for personal use) or transmit all or any portion of the Website or Services. You are not permitted to download copies of the video content on this Website.

(c)        The licence to access and use the information on the Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta tag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our Website.

(d)        You must not misuse this Website. You will not:

(i)         commit or encourage a criminal offense;

(ii)        transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(iii)       hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(iv)       infringe upon the rights of any other person’s proprietary rights;

(v)        send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(vi)       attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and Mysan Yoga will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(e)        We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Mysan Yoga or its licensors and are protected by copyright and intellectual property laws. All such rights are reserved by Mysan Yoga and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Mysan Yoga and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Mysan Yoga.

(a)        This Website may contain links to other websites (Linked Sites), which are not operated by Mysan Yoga. Mysan Yoga has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

(b)        You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

(a)        This privacy policy applies to all personal information collected by Mysan Yoga.

(b)        The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

(i)         whether the information or opinion is true or not; and

(ii)        whether the information or opinion is recorded in a material form or not.

(c)        If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

(d)        The kind of personal information that we collect from you will depend on how you interact with us (including use of this Website). The personal information which we collect and hold about you may include:

(i)         identity particulars such as your name, address, date of birth, occupation, telephone numbers and email address;

(ii)        personal information we collect from you when assessing, processing and managing an application by you for registration on the Website;

(iii)       your bank, credit or debit account details when you make a purchase; 

(iv)       your records of communication with us;

(v)        if you visit our website, your website usage information such as your IP address. 

(e)        We will generally only collect and use your personal information for the primary purposes of:

(i)         providing you with the best service experience possible;

(ii)        our general business operations; and

(iii)       communicating with you.

(f)         We may disclose your personal information as follows:

(i)         as necessary to give effect to any transactions contemplated by any contract you have with us or other requests received from you;

(ii)        to our service providers who assist us in operating the website;

(iii)       from time to time to maintenance and support personnel acting in the normal course of their duties; and

(iv)       to relevant government entities.

(g)        By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

(h)        We will not sell or licence any personal information that we collect from you.

(i)         When interacting with us online we cannot guarantee that your information has not been intercepted by someone else before reaching us.

(j)         We take reasonable steps to ensure your personal information is accurate, up to date and not misleading. Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

(k)        If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by our privacy officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

(l)         Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction.

(m)       If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles. These reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient. In this instance the overseas recipient may not be accountable under the Privacy Act and you will not be able to seek redress for breaches under the Privacy Act.

(n)        If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us on:

Address:                4/11-13 Cochrone St, Kincumber, NSW 2251

Attention:               Mysan Sidbo

Email:                    info@mysanyogasanctuary.com

(o)        We reserve the right to amend this Privacy Policy from time to time. We will provide any amended Privacy Policy here.

(p)        By using this Website, you consent to the processing described in this privacy policy clause and warrant that all data provided by you is accurate.

(a)        As with any physical activity, it is important that before beginning any fitness regime you consult with your health care professional to ensure the intended fitness regime is appropriate for you.

(b)        No information contained on the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Mysan Yoga is not a medical organisation. Its teachers cannot provide medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instructions are just that. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for your purposes and obtain appropriate professional medical advice.

(c)        You acknowledge that:

(i)         physical exercise including yoga involves strenuous physical movement;

(ii)        such activity carries the risk of injury;

(iii)       all actions that you carry out as a result of using the information contained in the Website and Services, including the use of any equipment, are undertaken at your own election and risk;

(iv)       it is your responsibility to judge your physical and mental capabilities and ensure that when participating in any content on the Website you do not exceed your limits;

(v)        you will select the appropriate level of classes for your standard of health and skill level;

(vi)       you understand that from time to time the teachers may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if this is appropriate for your level of ability and physical and mental condition;

(vii)      you should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time; and

(viii)     you must consult a qualified medical professional if you have any questions concerning your health or medical condition.

(d)        You expressly release Mysan Yoga, its employees, contractors and agents from any claim that you have at any time for any injury (of whatsoever nature) arising from your use of the Website and Services.

(a)        If you are a “consumer” for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, our liability to you is limited at our option to:

(i)         In the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and

(ii)        In the case of services, resupply of the services or payment of the cost of resupplying the services. In this clause, Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(b)        SUBJECT TO CLAUSE 9(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND, UNLESS EXPRESSLY STATED TO THE CONTRARY IN THESE TERMS OF USE, THE MYSAN GROUP EXCLUDES ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, BY STATUTE, TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THAT THE SERVICES ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO US TO ENABLE US TO KEEP THE SERVICES UP-TO-DATE.

(c)        SUBJECT TO CLAUSE 9(A) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MYSAN GROUP EXCLUDES THE APPLICATION OF ALL OF THE PROVISIONS OF SUBDIVISION B OF DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW AND THE EXERCISE OF ANY RIGHT CONFERRED BY ANY SUCH PROVISION IN RELATION TO LIABILITY FOR:

(i)         DEATH; OR

(ii)        PHYSICAL OR MENTAL INJURY (INCLUDING THE AGGRAVATION, ACCELERATION OR RECURRENCE OF SUCH AN INJURY OF THE INDIVIDUAL); OR

(iii)       THE CONTRACTION, AGGRAVATION OR ACCELERATION OF A DISEASE OF AN INDIVIDUAL; OR

(iv)       THE COMING INTO EXISTENCE, THE AGGRAVATION, ACCELERATION OR RECURRENCE OF ANY OTHER CONDITION, CIRCUMSTANCE, OCCURRENCE, ACTIVITY, FORM OF BEHAVIOUR, COURSE OF CONDUCT OR STATE OF AFFAIRS IN RELATION TO AN INDIVIDUAL THAT IS HARMFUL TO THE INDIVIDUAL OR COMMUNITY.

(d)        Any waiver by us of any of these Terms of Use shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.

(a)        SUBJECT TO CLAUSE 9(A) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW THE MYSAN GROUP (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM:

(i)         YOUR USE OF THE WEBSITE AND SERVICES;

(ii)        ANY ERRORS IN OR OMISSIONS FROM THE SERVICES OR WEBSITE;

(iii)       THE UNAVAILABILITY OR INTERRUPTION TO THE SUPPLY OF THE SERVICES OR THE WEBSITE;

(iv)       YOUR OR OTHER CUSTOMER’S USE OR MISUSE OF THE SERVICES OR WEBSITE (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM THE MYSAN GROUP IN USING OR MISUSING THE SERVICES);

(v)        YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICES OR WEBSITE;

(vi)       THE CONTENT OF THE SERVICES OR WEBSITE;

(vii)      ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF THE MYSAN GROUP; OR

(viii)     ANY NEGLIGENCE OF THE MYSAN GROUP OR ITS EMPLOYEES, CONTRACTORS OR AGENTS IN CONNECTION WITH THE PROVISION OF THE SERVICES OR PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE.

(b)        “Mysan Group” means any and all of Mysan Yoga and any officer, director, employee, subcontractor, agent, successor, or assignee of Mysan Yoga.

(c)        SUBJECT TO CLAUSE 9(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MYSAN GROUP WHETHER FOR BREACH OF THESE TERMS OF USE OR IN TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE SERVICES IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AROSE.

(d)        SUBJECT TO CLAUSE 9(a), THE MYSAN GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS INFORMATION OR DATA) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES, OR THE FAILURE OF THE MYSAN GROUP TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF THE MYSAN GROUP.

(e)        Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.

(f)         No communication of any kind between you and Mysan Yoga or a representative of Mysan Yoga shall constitute a waiver of any limitations of liability in these Terms of Use or create any additional warranty not expressly stated in these Terms of Use.

(g)        You specifically acknowledge that Mysan Yoga Pty Ltd shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

(h)        Mysan Yoga is not liable if for any reason this Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

(a)        Mysan Yoga may terminate your registration and access to the Website and services if:

(i)         you breach these Terms of Use;

(ii)        in Mysan Yoga’s reasonable opinion there are excessive viewings or logins via multiple IP addresses by you indicating fraudulent use of the Website; or

(iii)       in Mysan Yoga’s reasonable opinion your registration has been compromised or is being used fraudulently.

(b)        In addition to the powers of termination in clause 11(a), Mysan Yoga may terminate or restrict or suspend your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

You agree to indemnify, defend and hold harmless Mysan Yoga, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees on a full solicitor/client basis) arising from your use of this Website or Services or your breach of the Terms of Use.

(a)        Mysan Yoga reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website. Mysan Yoga may make improvements and/or changes to its features, functionality or Services at any time.

(b)        Mysan Yoga reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

These Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia. Any claim made by either party against the other which in any way arises out of these Terms of Use must be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.