This agreement applies as between you, the User of this Website and
The Free Yoga Teacher Co., dba HigherVibe Virtual Trainings, the owner(s) of this Website.
Online Content and Video Class DisclaimerThe Free Yoga Teacher Co. and Jessica Palmer provide information and content for your entertainment. Any content provided in association with The Free Yoga Teacher Co. and Jessica Palmer is not a substitute for a professional medical opinion. By accessing services and content provided by or in association with The Free Yoga Teacher Co., you agree to the following: 1.) You participate voluntarily and at your own risk. 2.) You, on behalf of yourself, members of your family, your heirs, executors, administrators, and assigns, unconditionally release The Free Yoga Teacher Co., its representatives, teachers, employees, and Jessica Palmer from any and all liability for any claims, demands, injuries, damages, actions, or causes of action whatsoever arising out of control or connected with the use of any services of The Free Yoga Teacher Co., its affiliates, or Jessica Palmer. 3.) You are in good health and/or have had medical approval to engage in the yoga, exercise, meditation. 4.) You assume all risks that are a part of and incidental to practicing yoga, exercise, meditation, and exercise programs. By participating in the classes and content provided by The Free Yoga Teacher Co., you have read, understand, and agree to abide by this disclaimer and desire to use the services provided.
Disclaimer
The information contained on www.EnterHigherVibe.com website (the “Service”) is for general information purposes only. The Free Yoga Teacher Co. assumes no responsibility for errors or omissions in the contents on the Service. In no event shall The Free Yoga Teacher Co. be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Free Yoga Teacher Co. reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. The Free Yoga Teacher Co. does not warrant that the Service is free of viruses or other harmful components.
Fitness disclaimer
The Service offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the Service is solely at your own risk.
Front page disclaimer
The Free Yoga Teacher Co. provides information for your entertainment and is not a substitute for a professional medical opinion. Please consult with a health care professional before using the information provided by The Free Yoga Teacher Co. By accessing The Free Yoga Teacher Co.’s services, you agree you participate voluntarily and at your own risk, you agree to assume all risk of injury to yourself, and you agree to release and discharge The Free Yoga Teacher Co. from all claims or causes of action, known or unknown, arising out of The Free Yoga Teacher Co.’s negligence.
Terms & Conditions Outlined
Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that The Free Yoga Teacher Co. makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of The Free Yoga Teacher Co.'s proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business;
"System": means any online communications infrastructure that The Free Yoga Teacher Co. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by The Free Yoga Teacher Co. and acting in the course of their employment;
"Website": means the website that you are currently using (enterhighervibe.com) and any sub-domains of this site (e.g. subdomain.enterhighervibe.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means The Free Yoga Teacher Co., a company incorporated in USA doing business as HigherVibe Virtual Trainings, and contact of support@enterhighervibe.com
Our site is intended for students ages 18 years and older. Persons under the age of 18 should use this Website only with the supervision of an Adult. If you are a parent or guardian and you learn that your Children have provided us with Personal Information without your supervision, please contact us. Any Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Free Yoga Teacher Co., our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable USA and International intellectual property and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website, including Our Company's digital or physical products purchased unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of www.EnterHigherVibe.com or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. Our website may contain links to external websites that are not provided or maintained by or in any way affiliated with The Free Yoga Teacher Co. Please note that the The Free Yoga Teacher Co. does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site enterhighervibe.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at support@enterhighervibe.com
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of The Free Yoga Teacher Co. or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as self promotion, "spam" or "junk mail".
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9.2 You acknowledge that The Free Yoga Teacher Co. reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that The Free Yoga Teacher Co. may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Either The Free Yoga Teacher Co. or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from www.EnterHigherVibe.com correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability or price until confirming your Order. Availability indications are not provided on the Website.
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12.4 We reserve the right to change prices and alter or remove any special offers from time to time and as necessary, including the removal of free programming offers.
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12.5 Our yoga teacher training program is not guaranteed to be free for all waitlisted participants. Nor will all waitlisted participants be admitted or accepted to participate. This and any offering from Our Company can be discontinued at anytime.
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13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between The Free Yoga Teacher Co. and you.
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13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the provision of the Services;
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13.2.4 User credentials and relevant information for accessing those services.
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13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
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13.5 We aim to fulfill your Order within 7-10 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
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13.6 The Free Yoga Teacher Co. shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order or beginning a training program and course.
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13.8 The Free Yoga Teacher Co. provides limited technical support via our online support forum. The Free Yoga Teacher Co. makes every effort possible to respond in a timely manner but we do not guarantee a particular response time or any response as resources allow.
We want you to be completely satisfied with the Products or Services you order from
www.EnterHigherVibe.com. If you need to speak to us about your Order, then please contact customer care by email at
support@enterhighervibe.com.
Please note we cannot provide refunds, due to the digital instant access nature of our offers. Please be certain when making a purchase. We are unable to apply discounts retroactively to any processed order.
Use of the Website is also governed by Our Privacy Policy (enterhighervibe.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. www.EnterHigherVibe.com uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
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20.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Free Yoga Teacher Co.
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24.1 All notices / communications shall be given to Us by email to support@enterhighervibe.com. Such notice will be deemed received by the follow week or longer if the email is sent on a weekend or public holiday.
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24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and The Free Yoga Teacher Co. shall be governed by and construed in accordance with the Law of Pennsylvania and The Free Yoga Teacher Co. and you agree to submit to the exclusive jurisdiction of USA.
