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TERMS OF USE

AGREEMENT BETWEEN USER AND Lakes Yoga

The Lakes Yoga Website is comprised of various Web pages operated by Lakes Yoga.  The Lakes Yoga Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Lakes Yoga Website constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

Lakes Yoga reserves the right to change the terms, conditions, and notices under which the Lakes Yoga Website is offered, including but not limited to the charges associated with the use of the Lakes Yoga Website.

 

LINKS TO THIRD PARTY SITES

The Lakes Yoga Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Lakes Yoga and Lakes Yoga is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lakes Yoga is not responsible for webcasting or any other form of transmission received from any Linked Site. Lakes Yoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lakes Yoga of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Lakes Yoga Website, you warrant to Lakes Yoga that you will not use the Lakes Yoga Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Lakes Yoga Website in any manner which could damage, disable, overburden, or impair the Lakes Yoga Website or interfere with any other party's use and enjoyment of the Lakes Yoga Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for

through the Lakes Yoga Website.

USE OF COMMUNICATION SERVICES

The Lakes Yoga Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

Lakes Yoga has no obligation to monitor the Communication Services. However, Lakes Yoga reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lakes Yoga reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Lakes Yoga reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lakes Yoga's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lakes Yoga does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lakes Yoga specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Lakes Yoga spokespersons, and their views do not necessarily reflect those of Lakes Yoga.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Lakes Yoga OR POSTED AT ANY Lakes Yoga WEBSITE

Lakes Yoga does not claim ownership of the materials you provide to Lakes Yoga (including feedback and suggestions) or post, upload, input or submit to any Lakes Yoga Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lakes Yoga, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.  Lakes Yoga is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lakes Yoga's sole discretion.  By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Lakes Yoga WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Lakes Yoga AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Lakes Yoga WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Lakes Yoga WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Lakes Yoga AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Lakes Yoga WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Lakes Yoga AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Lakes Yoga AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Lakes Yoga WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Lakes Yoga WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Lakes Yoga WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Lakes Yoga WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Lakes Yoga OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES /JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Lakes Yoga WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Lakes Yoga WEBSITE.

 

SERVICE CONTACT : amy@lakesyoga.com.au

 

TERMINATION/ACCESS RESTRICTION

Lakes Yoga reserves the right, in its sole discretion, to terminate your access to the Lakes Yoga Website and the related services or any portion thereof at any time, without notice.

 

GENERAL

This Agreement is governed by, and is to be construed in accordance with, Australian law. The

Australian Courts will have non-exclusive jurisdiction to deal with any dispute which may arise out of, or in connection with, this Agreement, relating to the use of the Lakes Yoga Website. Use of the Lakes Yoga Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lakes Yoga as a result of this agreement or use of the Lakes Yoga Website. Lakes Yoga's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lakes Yoga's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Lakes Yoga Website or information provided to or gathered by Lakes Yoga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lakes Yoga with respect to the Lakes Yoga Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lakes Yoga with respect to the Lakes Yoga Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Lakes Yoga Website are: Copyright 2017 by Lakes Yoga A.B.N 81 930 241 465 and/or its suppliers. All rights reserved.

 

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.  Any rights not expressly granted herein are reserved.

 

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Most content on this website has been created by Lakes Yoga. Occasionally, content created by others may appear, reproduced with permission or consistent with fair use policies. Should a user consider that content infringes their copyright protections, they should contact Lakes Yoga using this email address – amy@lakesyoga.com.au – for this claim to be assessed and relevant content removed promptly when appropriate.

PRIVACY POLICY

This following document sets forth the Privacy Policy for the Lakes Yoga website, www.lakesyoga.com.au.

Lakes Yoga is committed to providing you with the best possible customer service experience. Lakes Yoga is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

 

COLLECTION OF YOUR PERSONAL INFORMATION

There are many aspects of the site which can be viewed without providing personal information, however, for access to future Lakes Yoga customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

SHARING YOUR PERSONAL INFORMATION

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Lakes Yoga takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

USE OF YOUR PERSONAL INFORMATION

For each visitor to reach the site, we expressly collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.  From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

 

CHANGES TO THIS PRIVACY POLICY

Lakes Yoga reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

ACCESSING YOUR PERSONAL INFORMATION

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Lakes Yoga reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

CONTACTING US

Lakes Yoga welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Call:  0409 405 699

Post:

Attn: Privacy Policy,

Lakes Yoga,

34 River Street,

Nagambie, VIC 3608,

AUSTRALIA

E-mail:  amy@lakesyoga.com.au

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