AWAKEN HEALTH WELLNESS YOGA TERMS & CONDITIONS

1.       About this site

a) This Site is published by Awaken Health Wellness Yoga ABN 78 144 746 630, trading as Ashlynn Abrahams for the provision of Holistic Health Coaching and Yoga services.

b) Your use of http://www.awakenhwy.com.au and any other Site owned and operated by Awaken Health Wellness Yoga is subject to these Terms of Use. If you do not accept these Terms of Use, you must refrain from using this Site.

 

2. Your use of this site

a) You expressly agree that your use of this Site is at your sole risk.

b) You agree to use this Site only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.

c) You agree that you will not engage in any activity that interferes with or disrupts this Site or the servers and networks that host this Site. 

d) You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content or enforce limitation on the use of this Site or the content.

e) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

f) Awaken Health Wellness Yoga may in its sole discretion and without notice to you restrict or stop (temporarily or permanently) providing access to this Site to you or to guests generally.

g) As electronic Sites are subject to interruption or breakdown, access to this Site is offered on an “as is” and “as available” basis only.

h) Awaken Health Wellness Yoga may impose limits or restrictions on the use you make of this Site. Further for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use.

i) Awaken Health Wellness Yoga may withdraw this Site, or change or remove Site functionality at any time without notice to you.

j) To the full extent permissible by applicable law, Awaken Health Wellness Yoga disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose.  

k) Awaken Health Wellness Yoga does not warrant that this Site, its servers, or e-mail sent from Awaken Health Wellness Yoga are free of viruses or other harmful components.

l) Awaken Health Wellness Yoga will not be liable for any damages of any kind arising from the use of this Site, including but not limited to direct, indirect, incidental, punitive and consequential damages.

m) Certain state laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you may have additional rights.

n) You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

o) Awaken Health Wellness Yoga will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties or malfunctions in equipment or software. If you have difficulties accessing the Site please contact Awaken Health Wellness Yoga via the contact page.

p) You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

 

3. Relying on information

a) This Site is provided by Awaken Health Wellness Yoga as a general information source only. You accept that any information provided is not in the nature of advice.  

b) Awaken Health Wellness Yoga makes no statements, representations, or warranties about the timeliness, accuracy, completeness or reliability of any part of the Site and you should not rely on any information contained in the Site.

c) Content pertaining to chronic disease prevention or other health information is not a substitute for the advice of a General Practitioner/Doctor and should not be relied upon as the basis for any decision or action.

d) If you are experiencing any particular health problems, you should consult your general practitioner.

e) You should seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on this Site.

f) Awaken Health Wellness Yoga attempts to be as accurate as possible when providing descriptions of services, events and resources. However, Awaken Health Wellness Yoga does not warrant that content of this Site is accurate, complete, reliable, current, or error-free.

g) Awaken Health Wellness Yoga disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way or otherwise misleading.  

 

4. Security

a) Where appropriate, Awaken Health Wellness Yoga uses available technology to protect the security of communications made through the Site.

b) Awaken Health Wellness Yoga does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Site. Internet communications may be susceptible to interference or interception by third
parties.

c) Despite its best efforts, Awaken Health Wellness Yoga makes no warranties that the Site is free of infection by computer viruses or other unauthorised software nor warrant and cannot ensure the security of any information you transmit to Awaken Health Wellness Yoga.

d) Awaken Health Wellness Yoga will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software). Accordingly, any information which you transmit to us is transmitted at your own risk.

 

5. Electronic communications

a) By visiting the Site you are engaging in electronic communication.

b) Electronic communication includes but is not limited to the sending of e-mails.

c) You agree that all communication including but not limited to agreements, notices, disclosures provided electronically satisfy any legal requirements that such communication be in writing.

d) This Site contains communication facilities including but not limited to chat rooms which provide for feedback by users to Awaken Health Wellness Yoga, interaction between uses and notice services.

 

6. License

a) Awaken Health Wellness Yoga grants you a limited license to access and make personal use of this Site.

b) Your use is restricted and you are not permitted to download (other than page caching), modify it, or any portion of it, except with express written consent of Awaken Health Wellness Yoga.

c) This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

d) This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Awaken Health Wellness Yoga.

e) You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Awaken Health Wellness Yoga and our affiliates without express written consent.

f) You may not use any meta tags or any other "hidden text" utilising Awaken Health Wellness Yoga’s name or trademarks without the express written consent of Awaken Health Wellness Yoga.

g) Any unauthorised use terminates the permission or license granted by Awaken Health Wellness Yoga.

h) You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Awaken Health Wellness Yoga so long as the link does not portray Awaken Health Wellness Yoga, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

 

7. Liability

a) You agree to indemnify Awaken Health Wellness Yoga to the extent permissible by law, from any loss, damage, claim, cost and expense (including legal costs on a full indemnity basis) suffered or incurred by Awaken Health Wellness Yoga arising from a claim by a third party in connection with or arising from your use of a Communication Facility.

b) You agree that you will not post or transmit messages via any Communication facility that: i) is unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, constitute (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or are otherwise objectionable;

ii) infringes any copyright, trademark, patent, design, confidentiality or other intellectual property rights of any other person;
iii) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity

iv) is for purposes of spamming or obstructing the normal operation of the Awaken Health Wellness Yoga Site or another user of the Site's computer facilities;

v) contains any virus or other harmful component;

vi) is an invasion of privacy or any other third party rights;

vii) is otherwise, within Awaken Health Wellness Yoga's reasonable opinion, not within the spirit of the Communication Facility;

viii) is unsolicited advertising or promotional material;

ix) is material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party

 

8. Intellectual Property Rights

a) You acknowledge that any intellectual property rights including but not limited to trademarks, logos, button icons, images, audio clips, digital downloads, data compilations, and software graphics is the property of Awaken Health Wellness Yoga or in some cases a related body corporate of them, or third party and that these remain the property of their respective owners and must not be used without written prior consent of the owner.

b) These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.

c) Nothing contained on this Site is to be interpreted as a recommendation to use any information of this Site in a manner which infringes the intellectual property rights of any person.

d) You may view this Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1988 and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transit, publish or display within another Site or create derivative works from any part of this Site or commercialise any information obtained from any part of this Site without prior written consent of Awaken Health Wellness Yoga or, in the case of third party material, from the owner of the copyright in that material.
e) You may not modify or copy the layout or appearance of this Site nor any computer software or code contained in this Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Site

 

9. Making a transaction

a) Transactions are made by completing an on-line payment form.

b) You warrant that information provided by you in your registration form is complete, current, and accurate and is not misleading, and that you will not misrepresent your identity.

c) You agree that Awaken Health Wellness Yoga may rely on that information in order to complete your transaction, and Awaken Health Wellness Yoga disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way or otherwise misleading.

 

10. Security

Awaken Health Wellness Yoga uses McAfee Livesafe  software, which is the industry standard for secure online commerce transactions. It encrypts all of your personal information, including name and address, so that it cannot be read as the information travels over the Internet.

 

11. Specific warnings

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you. Awaken Health Wellness Yoga does not warrant that the details on this Site concerning the services provided by Awaken Health Wellness Yoga will satisfy the laws of any other country.

 

12. Indemnification

You hereby agree to indemnify, defend and hold Awaken Health Wellness Yoga, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax including GST, liability and/or expense that may be incurred by Awaken Health Wellness Yoga, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms of Use (except as caused by its gross negligence or wilful misconduct) including without limitation the legal costs, fees and expenses of defending itself against any Claim by any parties arising out of the use of this Site by you.

 

13. Applicable laws

Use of Awaken Health Wellness Yoga’s Site and these Terms of Use are governed by the laws of the State of New South Wales, Australia. Any claim relating to use of the Site shall be heard by New South Wales Courts. If you choose to access this Site from a location outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

 

14. Termination

a) Awaken Health Wellness Yoga may in its sole discretion terminate these Terms of Use and use of the Site (or any part) at any time with or without notice and for any reason including circumstances where the organisation suspects that you have provided false or misleading registration information, interfered with other users or the administration of this Site, or violated these Terms and Conditions.

 

15. Notices

a) Notices to you may be made via either e-mail or post to the address(es) contained in your registration or as otherwise updated by you.

b) You agree that where Awaken Health Wellness Yoga sends you an e-mail in connection with this Site, the message is deemed received by you when the organisation sends the message addressed to an e-mail address nominated in your registration or as otherwise updated by you using this Site.

 

16. General provisions

a) If any of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of the remaining provisions.

b) If there is any inconsistency between these Terms and Conditions and any other documentation included in the Site, these Terms and Conditions prevail.

c) These Terms and Conditions, as they may be varied from time to time, constitute the entire agreement between Awaken Health Wellness Yoga and you with respect to your use of the Site.

d) In these Terms of Use, a reference to Awaken Health Wellness Yoga includes their employees, officers, agents and contractors from time to time.

e) You agree to hold harmless Awaken Health Wellness Yoga and its Directors and employees from all claims arising out of, or related to, your access or use of, or your inability to access or use, this Site or the information contained in this Site or other Sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Site or another Site to which it is linked to be obscene, offensive, defamatory, or infringing up your intellectual property rights.

f) In no event will Awaken Health Wellness Yoga or the contributors of information to this Site be liable to you or anyone else for any decision made, or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

g) Awaken Health Wellness Yoga reserves the right to change these terms and conditions at any time.

 

17. Privacy

Awaken Health Wellness Yoga respects your right to privacy. Please read Awaken Health Wellness Yoga Privacy Policy for full details.

 

18. Acceptance of these Terms of Use

Your continued use of this site is considered to be acceptance of all terms and conditions contained in this Terms of Use.