effective 1st september 2020
please note that your use of and access to our services (defined below) are subject to the following terms which shall be legally binding upon agreement and/or use of our services. if you do not agree to all of the following, you will not use or access the services in any manner, so please review these terms carefully. please carefully read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (collectively, the “services”). if you have any questions, comments, or concerns regarding these terms or the services provided, please contact us at email@example.com.
notice : please read these terms carefully. they cover important information about services provided to you and any charges, taxes, and fees we bill you. these terms include information about your agreement on future changes to these terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
arbitration notice and class action waiver:
except for certain types of disputes described in the arbitration agreement section, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class-action lawsuit or class-wide arbitration.
1. terms of service
we are constantly trying to improve our services, so these terms may need to change along with the services. karma yoga reserves the right to change the terms at any time, but if we do, we will bring it to your attention by placing a notice on karma yoga.my website, by sending you an email, and/or by some other means. if you do not agree with the new terms, you are free to reject them. unfortunately, that means you will no longer be able to use the services. if you use the services in any way after a change to the terms is effective, that means you agree to all of the changes made.
except for changes made by us as described here, no other amendment or modification of these terms will be effective unless in writing and signed by both you and the company.
minors who are below 16 years old may not use the services unless a parent or guardian has registered for the services and accompanies such minor to all classes at all times. if you are 16 years old, you may be able to register for the services and attend classes without a parent or guardian. if you are 17 years old or older, you may register for the service and take any classes that karma yoga offers. we reserve the right to reject your entry for any classes if you are under 16 years old or to ask for identification to confirm age prior to your entry into any class.
we do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the services or send any personal information about yourself to us. if we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. if you believe that a child under 16 may have provided us personal information, please contact us at firstname.lastname@example.org.
3. basics of services
you will be required to sign up for an account with your email address and to select a password. after signing up for an account, you will complete your profile by providing your first name, last name, birthday, and other information to join karma yoga. if you want to buy class credits or products, you will need to provide your credit card information and billing address. you promise to provide us with accurate, complete, and updated registration information about yourself. you may not transfer your account to anyone else without our prior written permission.
you represent and warrant that you are an individual of legal age with the legal capacity to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the services and gotten your parent or guardian to agree to these terms on your behalf). if you’re agreeing to these terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these terms on that organization or entity’s behalf and bind them to these terms (in which case, the references to “you” and “your” in these terms, except for in this sentence, refer to that organization or entity).
you will only use the services for your own internal (except to the extent that you book a class for another user), personal, non-commercial use, and only in a manner that complies with all laws that apply to you. if your use of the services is prohibited by applicable laws, then you aren’t authorized to use the services. the company can’t and won’t be responsible for you using the services in a way that breaks the law and you shall be responsible for any damage, injury or unlawful act committed. you agree to indemnify and hold karma yoga harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your unlawful act or conduct.
you will not share your account or password with anyone, and you must protect the security of your account and your password. it is your responsibility for any activity associated with your account. we shall not be liable for your act of disclosing, sharing, leaking, or any other conduct that may jeopardize the security of your account or password.
4. messaging & communication
as part of the services, you may receive communications about our services, including messages that karma yoga sends you (for example, via email or text message). when signing up for the services, you will receive a welcome message and instructions on how to stop receiving messages. by signing up for the services and providing us with your email address, you confirm that you authorize karma yoga to send you information regarding your account or transactions with us and that we think may be of interest to you, and you agree to receive communications from karma yoga, and you represent and warrant that each person you register for the services or for whom you provide an email address has consented to receive communications from karma yoga. you agree to indemnify and hold karma yoga harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
5. restrictions of services
you represent, warrant, and agree that you will not contribute any content or user submission (each of those terms is defined below) or otherwise use the services or interact with the services in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including karma yoga);
violates any law or regulation, including, without limitation, any applicable export control laws;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your karma yoga account or anyone else’s (such as allowing someone else to log in to the services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs maillist, listserv, any form of auto-responder or “spam” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the services (including by placing an unreasonable load on the services infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the services or content (through use of manual or automated means);
copies or stores any significant portion of the content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the services.
a violation of any of the foregoing is grounds for termination of your right to use or access the services and we shall reserve our legal right to take legal action against you.
6. your rights in the services
the materials displayed or performed or available on or through the services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “content”) are protected by copyright and/or other intellectual property laws and shall be properties of karma yoga at all time. you promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including karma yoga) rights.
subject to these terms, we grant each user of the services a non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the services. use, reproduction, modification, distribution, or storage of any content for other than purposes of using the services is expressly prohibited without prior written permission from us. you understand that karma yoga owns the services. you shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the services.
the services may allow you to copy or download certain content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
7. permission/ user submission to karma yoga
anything you post, upload, share, store, or otherwise provide through the services, including your profile photo, is your “user submission” by your free will. you are responsible for your user submissions, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. in order to display your user submissions on the services, you hereby grant karma yoga a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to use, host, reproduce, modify (for technical purposes, for example making sure your photo is viewable on a mobile phone as well as a computer), adapt, publish, translate, create derivative works from, distribute, perform, and display your user submissions, in each case to enable us to operate the services. when you delete your account, however, we will stop displaying your user submissions, but you understand and agree that it may not be possible to completely delete that content from karma yoga’s records.
you agree that you will not post, upload, share, store, or otherwise provide through the services any user submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (mlm) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) violate any law.
a violation of any of the foregoing is grounds for termination of your right to use or access the services and we shall reserve our legal right to take legal action against you.
8. copyright infringement
we reserve the right to (1) block access to or remove material that we believe is in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.
procedure for reporting copyright infringements: if you believe that any material or any content residing on or accessible through the services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to karma yoga’s designated agent to receive notification of claimed infringement (our “designated agent,” whose contact details are listed below):
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
identification of works or materials being infringed;
identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that karma yoga is capable of finding and verifying its existence;
contact information about the notifier including address, telephone number and, if available, an email address;
a statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
proper bona fide infringement notification is received by the designated agent –
upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider’s access to the services if he or she is a repeat offender.
please contact karma yoga’s designated agent at the following address: email@example.com
the company would not be able to control and thus have no duty to take any action regarding how you may interpret and use any content or what actions you may take as a result of having been exposed to the content, and you hereby agree to release us from all liability for you having acquired or not acquired content through the services.
karma yoga has no control over, and thus assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the services. in addition, karma yoga will not and would not be able to monitor, verify, censor, or edit the content of any third-party site or service. by using the services, you agree to release and hold us harmless from any and all liability arising from your use of any third-party website or service.
if there is a dispute between any users, or between users and any third party, you agree that karma yoga is under no obligation to become involved. in the event that you have a dispute with one or more other users, you agree to release karma yoga, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our services.
10. change of services
we are always trying to improve our services, so they may change over time. the company may suspend or discontinue any part of the services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the services. we will try to give you notice when we make a material change to the services that would adversely affect you, but this isn’t always practical. we reserve the right to remove any content from the services at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these terms), in our sole discretion, and without notice.
in the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information. we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice
certain features of the services may be free (for example, viewing content). other features (such as booking a class) will require payment (“the paid services”). karma yoga may limit or cancel quantities of class packages purchased and reserves the right to refuse any order. in the event karma yoga needs to make a change to an order, it will attempt to notify you by contacting the email address or billing address provided at the time the order was made.
the prices displayed are quoted in malaysian ringgit and are valid only in malaysia. prices are subject to change at any time. sales tax will be determined by the shipping address of the order and will automatically be added to the order.
classes and cancellations. please note that classes purchased will expire after the expiry date is fixed. the expiration dates for classes are posted in the terms of the class or series of classes on the website, and it will also be listed on your receipt. future class prices are subject to change, but karma yoga will honor your class credits until the expiration date, regardless of whether there is a price increase in the interim. we will charge your billing account (defined in the section below) when you purchase class packages. you have the right to cancel your booking of classes and cancellation is made 12 hours before the booked class, failing which a penalty fee will be applied for late cancellation and no show fees will also apply.
we use a third-party payment processor called stripe (the “payment processor”) to bill you through a payment account linked to your account on the services (your “billing account”) for use of the paid services. the processing of payments will be subjected to the terms, conditions, and privacy policies of the payment processor in addition to these terms. we are not responsible for errors by the payment processor. by choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your chosen payment provider (your “payment method”). you agree to make payment using that selected payment method. we reserve the right to correct any errors or mistakes that the payment processor makes even if it has already requested or received payment.
payment method. the terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen payment method. if we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
current information required. you must provide current, complete, and accurate information for your billing account. you must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. changes to such information can be made in your account settings. if you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
change in the amount authorized. if the amount to be charged to your billing account varies from the amount you preauthorized, you have the right to receive, and we shall provide, a notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. any agreement you have with your payment provider will govern your use of your payment method. you agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
free classes and other promotions. any free classes or other promotions that provide access to a paid service must be used within the time specified by karma yoga. karma yoga reserves the right to cancel any free classes at any given time, and karma yoga may change promotions at any time.
12. cancellation of services
karma yoga shall reserve the right to terminate (or suspend access to) your use of the services or your account, for any reason in our discretion, including your breach of these terms. karma yoga has the sole right to decide whether you are in violation of any of the restrictions set forth in these terms.
provisions that, by their nature, should survive termination of these terms shall survive termination. by way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights and confidentiality obligations, and terms regarding disputes between us, including without limitation the arbitration agreement.
from time to time, karma yoga may offer special offers for referring other users to the services. in order to participate in such special offers, a referring user (“referrer”) must log in to their account and receive a custom link for the special offer. referrer may forward the custom link to any number of individuals who are not presently registered users of the services (“referee”).
a registered user is someone who already has an existing account with karma yoga. there is no limit to the number of referrals that a referrer can make, nor the cumulative credits that the referrer may receive through such a special offer unless otherwise indicated. for each referee that follows the custom link sent by the referrer and registers for the services, and then makes a qualifying purchase using that newly created account, karma yoga will automatically credit the referrer’s account with the specific amount listed in the particular special offer. all referees must be first-time recipients of the offer to join the services, and multiple referrals to the same individual will be disregarded.
karma yoga reserves the right to revoke from the referrer and referee the special offer at karma yoga’s discretion for any reason or for no reason whatsoever. unless specified otherwise on the services, all credits issued pursuant to such special offers, for both referrer and referee, shall automatically expire after 12 months if not used. in order to be eligible to receive special offers, karma yoga may require the referrer or referee to have a valid credit card on file in that referrer or referee account. if karma yoga determines that the referrer or referee is attempting to obtain an unfair advantage or otherwise violate the terms or spirit of such special offer, karma yoga reserves the right to (a) revoke any credits issued to either referrer or referee and/or (b) charge the referrer’s or referee’s credit card for any credits used by referrer or referee prior to such revocation and for any credits issued by karma yoga to any ineligible referrer or referee. karma yoga reserves the right to modify or terminate any special offers at any time. all special offers are subject to any other terms, conditions, and restrictions set forth on the services or presented in connection with the special offer.
except as explicitly set forth in these terms, karma yoga and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, director, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns make no representations or warranties concerning the services, including without limitation regarding any content contained in or accessed through the services or any products, and karma yoga will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or in any way related to your participation in or use of the services.
karma yoga studio makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the services, including, without limitation, any products. products and services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “as-is” and without any warranty of any kind from karma yoga or other vendors (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). the services and content are provided by karma yoga (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
limitation of liability. to the fullest extent allowed by applicable law, under [kl2], no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall karma yoga be liable to you or to any other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, the accuracy of results, or computer failure or malfunction arisen from your reckless conduct, or careless use of our services or facilities, (b) any reckless or careless use of substitute goods, services or technology, (c) any amount, in the aggregate, in excess of rm100 or (d) any matter attributed from your own reckless conduct, or (e) any matter beyond our reasonable control.
indemnity. you agree to indemnify and hold karma yoga harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the services (including any actions taken by a third party using your account) and any products, and (b) your violation of these terms. in the event of such a claim, suit, or action (“claim”), we will attempt to provide notice of the claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
assignment. you may not assign, delegate or transfer these terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without karma yoga’s prior written consent. we may transfer, assign, or delegate these terms and our rights and obligations without consent.
choice of law. these terms are governed by and will be construed under the law of malaysia only.
arbitration agreement. please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with karma yoga and limits the manner in which you can seek relief from karma yoga. both you and karma yoga acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these terms, karma yoga’s officers, director, employees, and independent contractors (“personnel”) are third-party beneficiaries of these terms and that upon your acceptance of these terms, personnel will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof.
arbitration rules; applicability of arbitration agreement. the parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these terms directly through good-faith negotiations, which shall be a precondition to either party initiating the arbitration. if such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in kuala lumpur, malaysia. judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. the arbitral proceeding shall be conducted in english. the award shall be final and binding upon both parties.
miscellaneous. you will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that the karma yoga may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. the failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. if any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, and that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties so that these terms shall otherwise remain in full force and effect and enforceable. you and karma yoga agree that these terms are the complete and exclusive statement of the mutual understanding between you and karma yoga, and that these terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these terms. you hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of karma yoga.
except as expressly set forth in the sections above regarding the arbitration agreement, you and karma yoga agree there are no third-party beneficiaries intended under these terms.
15. consent to the usage of personal data
you hereby agree that we may collect, obtain, store, and process your personal data that you provide to us and you hereby give your consent us to:
store and process your personal data; and
disclose your personal data to the relevant governmental authorities or third parties where required by law or for legal purposes.
for the avoidance of doubt, personal data includes all data defined within the personal data protection act 2010 (which may be amended) including all data you had disclosed to us in this form.
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