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Phoenix Yoga Studios General Website Terms of Use

Notice to users

This Website and the concept behind it is unique to Phoenix Yoga Studios. We take pride in our work and believe in protecting our individuality.

By using the Phoenix Yoga Studios website located at www.phoenixyogastudios.com.au (Website), you agree to comply with these terms (Terms of Use). Phoenix Yoga Studios Pty Ltd (ACN 600 311 920) (we, our, us or Phoenix Yoga Studios) may change these Terms of Use at our discretion and without notice. By continuing to use this Website you accept, and agree to abide by, those amended Terms of Use.

Last Update: 4 May 2023

General

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Material

The purpose of this Website is to provide you with the opportunity to view our work and services and the work and services of those we collaborate with (Suppliers).

Reliance

The Website has been created to provide general information to users. Whilst we will make every effort to provide you with up-to-date information, we do not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.

It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website 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 this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You must be over 18 years of age to use this website and to purchase or use any of our Services. ‘Services’ includes any online materials, consulting, coaching, programs, sessions, cleanses, products and all goods and services that may be accessed on or through our website from time to time.

Prohibited Acts

You must not access or use the Website (i) in a way that violates these terms; (ii) for unlawful activities or purposes; (iii) in a way that is fraudulent, inaccurate, false, misleading or deceptive; (iv) in a way that violates any applicable law (including, without limitation, applicable privacy laws); or (v) in a way that infringes the rights (including the Intellectual Property Rights, as defined below) of any other person.

Intellectual Property Rights

Unless otherwise indicated, we own the copyright and other intellectual property rights contained in the Website, in the structure of the Website as well as its look and feel. All components of the Website including text, graphics, photographs, font, logos, videos, domain names, service marks, trade marks, information, designs (including all intellectual property displayed within photographs) and data (Content) have been specifically created by and/or for Phoenix Yoga Studios and as such are the property of Phoenix Yoga Studios. We believe in protecting our intellectual property rights contained in the Website, the materials displayed throughout and reserve our rights to take necessary action against the misuse of the Content on the Website.

While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose. All trade marks appearing on this Website belong to their respective owners. All reports and other services provided by Suppliers through this Website belong to the respective Supplier.

Ownership Of Information

As between you and us, all rights, title and interest (including Intellectual Property Rights) in the Website are owned by us (and, as applicable, our third party Suppliers).

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Third Party Links

We may, from time to time provide on the website, links to other websites, advertisements, recipes, wellness, diet and general information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ourselves and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.phoenixyogastudios.com.au. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such non-permitted and improper use.

We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.

Liability

Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.

Indemnity

You indemnify us against any loss or damage we suffer (including any claim made by a third party) arising from or in connection with your breach of these terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.

Privacy Policy

At www.phoenixyogastudios.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclose Your Information

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Student Terms and Conditions

The Terms and Conditions that govern the booking and attendance of Phoenix Yoga Studios classes, including membership terms can be found on our website.

Go to Student Terms & Conditions

Governing Law

These Terms of Use are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. If any term of these Terms of Use conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Exclusion Of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

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03 8838 2586 hello@phoenixyogastudios.com.au Address: 1 Ringwood Street Ringwood VIC