Miami Yoga Room Website - Terms of Use

By accessing and/or using the website www.MiamiYoga.com.au or any page contained therein (“this Website”), You (being the viewer and user of this Website), shall be deemed to have read and agreed to these Terms of Use (as amended and posted to this Website from time to time). If you do not agree to be bound by these Terms of Use, you must immediately stop accessing and using this Website and all services offered on this Website.

 

1.    Definitions and Interpretation

In this Agreement, the following terms shall have the following meanings:

 

“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;     

“Miami Yoga Room” means Precise Transactions Pty Ltd ACN 126 686 879 trading as Miami Yoga Room;

“Product” means any item available for sale on this Website;

“Service” means collectively any online facilities, tools, services or information that Miami Yoga Room makes available through this Website either now or in the future;

“System” means any online communications infrastructure that Miami Yoga Room makes available through this 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;

“this Website” means the website located at www.MiamiYoga.com.au, any individual page contained within this Website and any other domains owned by Miami Yoga Room, unless expressly excluded by their own terms and conditions;

“us” or “we” or “our” refers to Miami Yoga Room, the owner of this Website;

“User/Users/You” means any third party that accesses, views or uses this Website.

 

2. Consent to privacy policy and these Terms of Use

2.1 Prior to using this Website, signing up for an account or membership or purchasing any Products available for sale on this Website, You agree that You have read and accepted these Terms of Use and also our Privacy Policy located on this Website. This Website will always contain the latest versions of our Terms of Use and our Privacy Policy.

3. Intellectual Property

3.1 The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on this Website Content is owned by either Miami Yoga Room, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on this Website.

3.2 You must not modify, copy, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on this Website or expressly authorised in writing by Miami Yoga Room or the owner of the copyright subsisting in the Content. The use of materials from this Website on any other website or networked computer environment is similarly prohibited. You must not use this Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Miami Yoga Room or the owner of the copyright subsisting in the Content or which is prohibited by these Terms of Use.

3.3All rights not expressly granted in the Terms of Use are reserved.

3.4 Miami Yoga Room is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.

4.   Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Miami Yoga Room 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.

5.   Privacy

Use of your personal information is governed by our Privacy Policy which is incorporated into these Terms of Use by this reference. To view the Privacy Policy, please click on the link headed “Privacy Policy” on this Website. 

6.   Disclaimers

6.1   Miami Yoga Room makes no warranty or representation that:

  1. this 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 Products;

  2. the Content will not cause any damage;

  3. the functions contained in any Content, or your access to this Website, will be reliable, uninterrupted or error-free;

  4. any defects will be corrected, or that this Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors.

6.2   Miami Yoga Room does not warrant or make any representation regarding:

  1. your access to, or the results of your access to, this Website (including any related or linked websites) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or

  2. the nature of any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

6.3   Under no circumstances (including but not limited to any act or omission) will Miami

Yoga Room be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content. You expressly acknowledge and agree that Miami Yoga Room does not exert control over users of this Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.

6.4  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.

6.5  While we endeavour to keep the information and Content on this Website up to date, You should make your own inquiries before entering into any transaction on the basis of the Content and You should consider whether the information, Services or Product is right for You.

6.6  Content on this Website is subject to change and any change to Content will be updated on this Website. We are not obligated to notify You of such changes.

7.   Availability of this Website

7.1  The Service is provided “as is” and on an “as available” basis. Miami Yoga Room gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

7.2  Miami Yoga Room accepts no liability for any disruption or non-availability of this 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.     

8.   Limitation of Liability

8.1  The Competition and Consumer Act 2010 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Miami Yoga Room of goods or services on this Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Miami Yoga Room does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

8.2  To the fullest extent permitted by law, Miami Yoga Room’s liability for breach of any implied warranty or condition which cannot be excluded is limited to the supply of the services again.

9.  Purchasing Products on this Website

9.1  You must be 18 years or older to purchase Products on this Website and have a valid Visa or MasterCard card.

9.2  To purchase Products available for sale on this Website, You must first sign up for an account/membership. It is free to sign up. You will need to agree to these Terms of Use in order to continue. If You do not agree with these Terms of Use, then do not proceed to sign up.

9.3  You are responsible for keeping your account password private and confidential. You should notify Miami Yoga Room immediately of any unauthorised use of your account or password.

9.4  You must not use anyone else’s account or attempt to gain unauthorised entry to this Website or to anyone else’s account.

9.5  The price for each item is as set out on this Website (except in the clear case of error).

9.6  Payment is by Visa or MasterCard card and You agree that You are the valid cardholder of the Visa or MasterCard card. Payment is processed through the SecurePay Payment System. Your Visa or MasterCard card will be charged once you have placed your order and proceeded to complete payment through SecurePay.

9.7  Your Product will be dispatched to you within two (2) business days of your payment being authorised through SecurePay.

9.8  If You have any questions about your purchase, please contact us using the details in the “Contact Us” section of this Website.

10.       Refunds and returns  

We are not required to provide a refund or replacement if you change your mind.

But you can choose a refund or exchange if an item has a major problem. This is when the item:

■ has a problem that would have stopped someone from buying the item if they had known about it

■ is unsafe

■ is significantly different from the sample or description, or

■ doesn’t do what we said it would or what you asked for and can’t be easily fixed.

Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement.

Please keep your proof of purchase – for example, your receipt.

To obtain a refund or exchange for a faulty item, please contact us.

11.  Disputes about transactions

11.1 If you have a dispute about a transaction on this Website, please contact us using the details in the “Contact Us” section of this Website. We will endeavour to resolve your dispute as quickly and as fairly as possible.

12.  Cancelling an order

12.1  You may cancel an order at any time prior to the time your order is dispatched to You. If the order has been dispatched, You will not be able to cancel your order.

13.  Data security and privacy

13.1  Your Visa or MasterCard card details are not stored on our servers. Refer to our security policy available on this Website for further information.

13.2  Refer to our privacy policy, available on this Website, for details of how we deal with your personal information.

 

14.  No Waiver

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

15.  Previous Terms of Use

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise.

16.  Notices

All notices / communications shall be given to us either by post to our premises or by email to our email address as set out under the heading “Contact Us” on this Website. Such notice will be deemed received three (3) business days after posting if sent by ordinary post, or the day of sending if sent by email and it is received in full on a business day and on the next business day if the email or facsimile is sent on a weekend or public holiday.

17.  Severability

If any term or part of a term of these Terms of Use is illegal or unenforceable, it may be severed from these Terms of Use and the remaining terms or parts of the terms of these Terms of Use continue in force.

18.  Law and Jurisdiction 

These Terms of Use shall be governed by and construed in accordance with the Laws of the State of Queensland, Australia and the laws of the Commonwealth of Australia and the Federal Courts and you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.