myyodaa Limited (“myyodaa”, “We”, “Our” or “Us” and their connotations) operates a website (myyodaa.com) and a mobile based application called “myyodaa” (herein referred to as “Platform”) which is engaged in the service of facilitating users who wish to conduct/avail live interactive yoga and/or meditation classes.
The Services are exclusively for Users over 18 years of age.
If You do not agree to these Terms or are under 18 years of age, You are not authorised to access and use the Services, and You must immediately stop doing so.
DESCRIPTION AND LICENSE TO USE THE SERVICES
myyodaa facilitates live interactive yoga and meditation classes on the Platform. We have created a Platform wherein yoga and meditation teachers can enlist and provide their services and any adult individual who is interested in availing such services may utilise the Platform for the same.
By enlisting or registering, You acknowledge and agree that You are representing to Us that You are providing true, accurate, current and complete information about yourself. You are obliged to maintain and promptly update Your registration data to keep it true, accurate, current and complete.
You consent to receive communications from Us electronically, such as e-mails, texts, mobile push notices, or notices and messages on Our Platform, such as Our Message Centre, and You can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Subject to Your consent and compliance to these conditions, myyodaa hereby grants You, the limited right to use the Platform only for the purposes of availing its intended services, while reserving the right to suspend or deny Your access to all or any portion of the Platform. You accept that interactions between teachers and students will only take place via the Platform and solicitations outside of the Platform are not permitted.
You agree that in relation to Your use of the Services, You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call myyodaa or the Services into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of Your password and username and for all activities that occur under Your account.
Teachers may submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, photographs, text, audio-video recordings, pictures, data, or personally identifiable information on the Platform (“Content”), myyodaa. Teachers are responsible for procuring all licences, authorisations and consents required for the Teacher to access and use the Services, including to use, store and input Content into, and display Content using, the Services.
Students may choose to write and post ratings and reviews of teachers on the Platform.
Users shall only use the Platform for its intended purposes.
It is the responsibility of both Teachers and Students to ensure they are wearing appropriate and comfortable clothing for their classes and that they have chosen a safe location, without the presence of any hazards, for undertaking the class.
You must not:
Post/ display any content or behaviour which is misleading, defamatory, abusive, malicious, threatening, discriminatory, racist, sexist, pornographic, obscene or advocates violence or harassment of any form. Harassment and inappropriate behaviour, including nudity, is strictly not permitted on the platform. myyodaa reserves the right to report any such behaviour to the relevant authorities.
Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Services or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in Your jurisdiction);
Remove, disable, modify, add to or tamper with any program code, protections or data, copyright, trademark or other proprietary notices and legends contained on or in the Services;
Create software which mimics any data or functionality in the Services;
Use or deal in the Services except as permitted by these Terms;
Use Your access to the Services, or information gathered from it, for the sending of unsolicited bulk email;
Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Services without prior written permission of myyodaa;
Resell or make the Services or any part of it available to any third party, or otherwise commercially exploit the Services (please note this does not stop You from fairly and honestly providing links to the Platform, or showing either to other people);
Use or process the Services or any part of them unfairly or for any illegal or immoral purpose; or
Delete or obscure any copyright or other proprietary notice on the Services.
3. PAYMENT AND REFUNDS
The Platform is a paid service and the payments made by Students shall be according to the classes selected through the Platform. All prices listed on the Platform are set by the Teachers with a myyodaa platform fee added.
All payments by Students shall be through the payment mechanism put in place by Us on the Platform.
Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure provided by our third party payment service provider and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and the third party payment service provider. Our third party payment service providers include Stripe Inc. (https://stripe.com/nz/about) and PayPal.
The payment receipt for completion of a transaction shall be provided by the respective third party payment service provider and the transaction summary will be provided by myyodaa.
myyodaa collects payment on behalf of teachers, and pays out teachers on a monthly basis in accordance with the terms of the Teacher’s services agreement with Us. Teachers need to ensure that they provide accurate payment information when registering on the Platform so they are reimbursed appropriately. It is the responsibility of the Teacher to ensure they keep their account information updated.
Refunds and Cancellation - Students
myyodaa is committed to ensuring Students have a good experience of its Services. However, if for any reason a Student is not satisfied, please write to Us at firstname.lastname@example.org within 72 hours of Your class. The amount of refund payable shall be limited to the maximum amount paid by the Student for Services which were not rendered to the Student by Us.
A full refund will be provided for any classes cancelled by the Student up to three hours prior to the class. Any classes cancelled with less notice period will be charged the full price of the anticipated class.
myyodaa will not be liable for any unauthorised use, fraud, lost amount, etc. in the transaction or for any payment failures as a result of the payment gateway partner or the bank/financial institution.
4. TEACHER CONTENT
If you are a Teacher:
Title to, and all intellectual property rights in, the Content (as between the parties) remains Your property. You grant Us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of Our rights and performance of Our obligations in accordance with these Terms.
Without limiting the preceding paragraph, You acknowledge that We may use Content for Our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for Our internal reporting requirements (and these rights will survive termination and expiration of these Terms).
You must ensure You have obtained all necessary consents for Us to access, collect, hold, process and distribute the Content as described in these Terms.
While We will use reasonable endeavours to back up all Content stored using the Platform, You must keep separate and regular back-up copies of all Content You upload onto the Platform.
5. OUR INTELLECTUAL PROPERTY RIGHTS
Other than Your Content, myyodaa retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform (including but not limited to all texts, graphics, photos, illustrations, apps and logos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing). You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of myyodaa.
If You provide us with ideas, comments or suggestions relating to the Platform and/or the Services (together “Feedback”), all intellectual property rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by Us and We may use or disclose the Feedback for any purpose.
6. MEDICAL DISCLAIMER
Before starting any yoga and/or meditation session or class through the Platform, You are advised to consult Your physician to determine if such program is right for Your needs. We also encourage you to ensure that you are performing the activities in a safe space and out of Your own volition. myyodaa merely provides a platform for availing health and wellness services and is not a medical organisation and it cannot give You medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses and instructions are not required to be performed by You and are carried out at Your election while using the Platform. Nothing contained in the Services and/or the Platform should be construed as any form of such medical advice or diagnosis.
By providing/using the Services You represent that You understand that exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is Your responsibility to ensure that by participating in classes and activities via usage of the Platform, You will not exceed Your limits while performing such activity, and You will select the appropriate level of classes for Your skills and abilities, as well as for any mental or physical conditions and/or limitations You may have.
Students understand that, from time to time Teachers may suggest physical adjustments or the use of equipment and it is Your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for Your level of ability and physical and mental condition. You expressly waive and release any claim that You may have at any time for injury of any kind against myyodaa, or any person or entity involved with myyodaa, including without limitation its directors, principals, Teachers, independent contractors, employees, agents, contractors, affiliates and representatives.
If You know or suspect that You may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that You seek the advice of Your doctor prior to using the Platform.
7. LIMITED LIABILITY
You are held personally liable for any violation of a third party's rights by You. You agree to reimburse myyodaa for all damages resulting from the culpable non-observance of the obligations of these Terms. You release myyodaa from all eligible claims that other Users or third parties may file against myyodaa due to a violation of their rights due to a violation of other obligations. You shall assume the costs of myyodaa’s legal defense, including all court and legal fees if You are responsible for the infringement.
myyodaa ensures, to the best of its efforts, that the information and the training facilitated by the yoga and meditation teachers listed on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and instructions given by the teachers listed on the Platform.
You agree and understand that myyodaa does not state or claim any warranty for the quality of classes delivered by the Teachers listed on Our Platform.
myyodaa requires the Teachers listed on the Platform hold the necessary qualifications to provide their services on the Platform, however myyodaa does not verify those qualifications or guarantee the quality of classes delivered to You. At any instance of live interactive classes, if the teacher or student uses any sexual or abusive language or depicts any sexual acts, or pornographic images, then in such cases, please immediately inform myyodaa within 48 hours of the occurrence of such an event at email@example.com. myyodaa will make all efforts to take any and all necessary actions as per the applicable law. However, myyodaa explicitly disclaims any liability or responsibility in the event of such a circumstance.
To the maximum extent permitted by law, in no event shall myyodaa be liable for any direct, indirect, incidental, special or consequential damages of any kind, or loss of profits, revenue, savings, business, goodwill, data (including Content) and/or data use, incurred by You or any third-party, whether in an action in contract or tort, arising from Your access to, or use of, the Services, the Platform or any content provided on or through the Platform.
To the maximum extent permitted by law, myyodaa's liability for any and all claims in the aggregate, arising out of or related to a Student’s use of the Platform, shall not under any circumstances exceed the amounts actually paid by the Student to myyodaa for the Services in the month preceding the first event giving rise to liability.
To the maximum extent permitted by law, myyodaa will have no liability to any Teacher arising out of or related to a Teacher’s use of the Platform, other than to pay the Teacher for the services properly provided by the Teacher through the Platform.
External Sites have not been verified or reviewed by myyodaa and all use and access of External Sites is made at Your own risk. "External Sites" means third party websites and online services to which the Services may link.
myyodaa does not warrant that the operation of the Services will be uninterrupted or error-free. myyodaa will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of myyodaa including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
Except to the extent otherwise required by applicable law, myyodaa is not liable for any payments authorised through the Platform using Your payment details. Particularly, myyodaa is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the payment details provided; (2) You have not provided myyodaa with correct payment details; (3) Your payment card has expired; or (4) circumstances beyond myyodaa’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.
If You are a Teacher, You agree and represent that You are using the Platform, and accepting these Terms, for the purpose of trade. You also agree that, to the maximum extent permitted by law, neither the New Zealand Consumer Guarantees Act 1993 nor any other applicable consumer protection legislation applies to the supply of the Platform or these Terms, and that it is fair and reasonable that the parties are bound by this clause.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law or liability that cannot be excluded or limited by law. To the extent Our liability cannot be excluded but can be limited, Our liability will be limited to (in the case of a Student) the amount paid by the Student to myyodaa for the Services in the month preceding the first event giving rise to liability or (in the case of a Teacher) NZD50.
8. THIRD- PARTY SERVICE PROVIDERS
myyodaa has subscribed to various third-party service providers in order to provide You with the Services. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation. In the event of any dispute between the third-party and You, myyodaa shall not be held liable in any manner whatsoever. Our third party service providers include Amazon Web Services, Stripe, Firebase by Google and Agora Video Platform.
Amendments to Terms
myyodaa retains the right to modify these Terms. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing. By continuing to access and use the Services, You agree to be bound by the modified Terms.
We may remove, restrict, cancel or suspend access to and/or use of the Platform and any part of it, if We consider (in Our sole discretion) that You have breached any of these Terms. You may also terminate Your agreement with myyodaa by ceasing to access the Platform, deleting all copies of the Services or part thereof within Your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination. To cancel your account please contact myyodaa at firstname.lastname@example.org
You agree to indemnify and hold Us harmless, Our contractors, and Our licensors, and respective directors, officers, employees and agents from and against any all claims and expenses, including attorneys’ fees, arising out of their use of the Services and/or the Platform, including but not limited to the violation of these Terms by the Users.
Severability and Waiver
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. Delay in exercising or non-exercise of any right is not (and shall not be construed as) a waiver of that right.
Any rights and licenses granted hereunder shall not be transferred or assigned by You but may be assigned or transferred by myyodaa. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
Government Laws and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand. Such shall be subjected to the exclusive jurisdiction of the competent courts of New Zealand.
If You have any questions about these Terms, please contact Us at email@example.com