Terms of Use

LAST UPDATED 26 AUGUST 2017

Welcome to YOGOJI™. These Terms and Conditions of Use (the “Terms”) govern your use of YOGOJI™ (“YOGOJI™” refers to and includes the “App”, the “Website” and the “Store”), which is owned and operated by Ireland Digital Pty Ltd (ACN 615 140 844). Should you continue to use YOGOJI™, you are agreeing to comply with and be bound by the following Terms, which together with our Privacy Policy govern Ireland Digital’s relationship with you in connection with YOGOJI™. If you do not agree with any of these Terms, please do not use YOGOJI™.

The term ‘Ireland Digital’ or ‘us’ or ‘our’ or ‘we’ refers to Ireland Digital, the owner of YOGOJI™, whose registered business address is PO BOX 330, Potts Point, New South Wales 1335. The term ‘you’ or ‘your’ refers to the YOGOJI™ user.

PHYSICAL ACTIVITY NOTICE

YOGOJI™ may include products and services that promote physical activity. Before using YOGOJI™ you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury, and you do so at your own risk. If you have any questions or concerns regarding your health you must consult your medical professional before engaging in physical activity. Ireland Digital is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the products and services of YOGOJI™.

Your use of YOGOJI™ is subject to the following terms and conditions:

  1. The content of YOGOJI™ is for your general information and use only. It is subject to change without prior notice.
  2. Prices of YOGOJI™ products and services are subject to change without notice. We reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of YOGOJI™ products and services.
  3. Payments are non-refundable and no refunds or credits will be given for partial or incomplete use.  Ireland Digital reserves the right and sole discretion to provide refunds, discounts or credits to on one or more instances without obligation to do so in the future.  If any or all of the features of YOGOJI™ are temporarily unavailable you will not receive a refund.
  4. YOGOJI™ may use cookies to monitor browsing preferences. If you allow cookies to be used, we may store personal information in accordance with our Privacy Policy, which is located on YOGOJI™.
  5. Neither we, nor any third parties, including related entities of Ireland Digital, provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on YOGOJI™ for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
  6. To the fullest extent allowable under the applicable law, in no event shall Ireland Digital be liable to you with respect to: a) the use of YOGOJI™, including content and services; b) direct damages as a result of using any information, material or any third party links on YOGOJI™;
  7. In no event will Ireland Digital be liable to you for any indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in any way relating to these Terms or the use or inability to use YOGOJI™, including without limitation damages for loss of profits, loss or corruption of data, breach of privacy or security, transmission of personal information or failure or malfunction of your device. 
  8. Your use of any information or materials on YOGOJI™ is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through YOGOJI™ meet your specific requirements.
  9. YOGOJI™ may contain material, which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Website and the App. Any reproduction of the Website or the App’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All YOGOJI™ digital products, ebooks, PDF downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. You are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, YOGOJI™ may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
  10. Except as expressly set for in these Terms, Ireland Digital does not make, and hereby expressly disclaims all warranties and representations with respect to YOGOJI™, content and services provided hereunder regarding the Terms, but not limited to any implied warranties of merchantability, fitness for purpose, accuracy, title, non-infringement, freedom from computer viruses or malware and warranties arising from the course of dealing, performance or use of trade.
  11. Ireland Digital is not responsible for the actions or information of third parties and you release Ireland Digital from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against such third parties.
  12. You agree to defend, indemnify and hold harmless Ireland Digital, including all employees, sub-contractors and related entities from all claims, actions, damages, costs, liabilities, expenses or penalties, which arise from the use or misuse of YOGOJI™.
  13. All trademarks reproduced in YOGOJI™, which are not the property of, or licensed to us, are acknowledged on YOGOJI™.
  14. Unauthorised use of YOGOJI™ may be a criminal offence and/or give rise to a claim for damages.
  15. YOGOJI™ may also, on occasion, include links to other websites, which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  16. Your use of YOGOJI™ and any dispute arising out of your use of YOGOJI™ is subject to the laws of Australia.
  17. You may only use of YOGOJI™ for lawful purposes and in a manner consistent with the nature and purpose of YOGOJI™.
  18. These Terms may be amended from time to time. Your continued use of YOGOJI™ following any such amendments will be deemed to be confirmation that you accept those amendments.
  19. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of YOGOJI™.
  20.  In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of YOGOJI™.
  21. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website or the App being temporarily unavailable due to technical issues beyond our control.
  22. Should you wish to contact Ireland Digital with questions, complaints or claims with respect to the Website or the App, email Ireland Digital at hello@yogoji.com
  23. The failure of Ireland Digital to exercise or enforce any right provision of these Terms does not constitute a waiver of that right.  If any provision of these Terms is deemed unenforceable or invalid, then these Terms will be construed as if such provision were not contained within these Terms.
  24. In the event of any dispute, claim or controversy arising out of or related to these Terms or the use of YOGOJI™, you agree in the first instance to submit the dispute for mediation in the State of New South Wales before commencing or initiating formal legal proceedings.

Our Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.