Terms of Use

LAST UPDATED 9 OCTOBER 2016

Welcome to YOGOJI.  These Terms and Conditions of Use (the “Terms”) govern your use of www.yogoji.club (the “Website”) and the digital App known as YOGOJI (the “App”), which is owned and operated by Ireland Digital Pty Ltd (ACN 615 140 844).

Should you continue to use this Website, 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 the Website and the App.

 If you do not agree with any of these Terms, please do not use the Website or the App.

The term ‘Ireland Digital’ or ‘us’ or ‘our’ or ‘we’ refers to Ireland Digital, the owner of the Website and the App, whose registered business address is PO Box 5310, Middle Park, Victoria 3206. The term ‘you’ or ‘your’ refers to the Website and/or the App user.

PHYSICAL ACTIVITY NOTICE

The Website and App may include content and features that promote physical activity. Before using the Website and App 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 content and features of the Website and App.

Your use of this Website and the App is subject to the following terms and conditions:

  1. The content of the Website and the App is for your general information and use only. It is subject to change without prior notice.
  2. 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 on the Website or the App are temporarily unavailable you will not receive a refund.
  3. This Website and the App 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 the Website and the App.
  4. 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 the Website or the App 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.
  5.  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 the Website or the App, including content and services; b) direct damages as a result of using any information, material or any third party links on the Website or the App;
  6. 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 the Website or the App, 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. 
  7. Your use of any information or materials on the Website or the App 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 the Website or the App meet your specific requirements.
  8. The Website and the App 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.
  9. Except as expressly set for in these Terms, Ireland Digital does not make, and hereby expressly disclaims all warranties and representations with respect to the Website and the App, 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.
  10. 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.
  11. 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 the Website or the App.
  12. All trademarks reproduced in the Website or the App, which are not the property of, or licensed to us, are acknowledged on the Website and the App.
  13. Unauthorised use of the Website and the App may be a criminal offence and/or give rise to a claim for damages.
  14. The Website and the App 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.
  15. Your use of the Website and the App and any dispute arising out of your use of the Website or the App is subject to the laws of Australia.
  16. You may only use the Website or the App for lawful purposes and in a manner consistent with the nature and purpose of the Site or the App.
  17. These Terms may be amended from time to time. Your continued use of the Website and the App following any such amendments will be deemed to be confirmation that you accept those amendments.
  18. 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 the Website and the App.
  19. 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 the Website or the App.
  20. 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.
  21. 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
  22. 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.
  23. In the event of any dispute, claim or controversy arising out of or related to these Terms or the use of the Website or the App, you agree in the first instance to submit the dispute for mediation in the State of Victoria before commencing or initiating formal legal proceedings. 

 © 2016 Ireland Digital Pty Ltd. All rights reserved.