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Liability Waiver - Terms & Conditions - Privacy Policy

LIABILITY WAIVER

By registering with Indaba On Demand, you are in agreement: 

That you are participating voluntarily in an On Demand service, course or workshop offered by Indaba Yoga Studio. You recognise that yoga requires physical exertion that may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved. You represent and warrant that you are physically fit and you have no medical condition that would prevent your full participation and you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the program.

You understand that you may receive verbal cues or see modifications on yoga poses to enhance or correct your body posture during class by either the teacher or an assistant in recorded class. 

You understand that Indaba reserves the right to make alterations to the terms and conditions on occasion with minimal notice.

You knowingly, voluntarily and expressly waive any claim you may have against Indaba Yoga Studio for injury or damages that you may sustain as a result of participating in the program.

You, your heirs or legal representatives forever release waive, discharge and covenant not to sue for any injury or accident caused by their negligence or other acts.

If you do not agree to this liability waiver, you must tell us in writing and not use the service.

TERMS & CONDITIONS

This Agreement sets forth legally binding terms for your use of the service. By using the service, you agree to be bound by this agreement, whether you are a “visitor“ (which means that you simply browse the service) or you are a “member“ (which means that you have registered on the website as a user). If you do not accept the terms of this agreement, you should leave the website and discontinue use of the service immediately. Your continued use of the service following our posting of any changes to this Agreement means that you accept those changes.

If you wish to become a member, you must read this agreement and indicate your acceptance during the member registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the website (the “registration data“) and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Indaba Yoga Studio reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time. 

Indaba On Demand’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Indaba Yoga Studio you are representing that you are eighteen (18) years of age or older.

Member Account

If you register on the service, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You should never use another member’s account.

Content

You agree not to use the service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials as individually and collectively.

You, and not Indaba Yoga Studio, are entirely responsible for all content that you post, email, transmit or otherwise make available via the service. Indaba Yoga Studio does not control the content posted by third parties via the service and, as such, we do not guarantee the accuracy, integrity or quality of such content. 

The service may not be used in connection with any commercial purposes, except as specifically approved by Indaba Yoga Studio. Unauthorized framing of or linking to any of the services is prohibited. 

Due to the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

Indaba Yoga Studio is not responsible for behavior or comments of teachers and/or students and/or music on the service. But Indaba Yoga Studio shall have the right to remove from the service any content that violates this agreement or is otherwise objectionable in the sole discretion of Indaba Yoga Studio.

We regularly make changes to the service. The availability of the content, as well as platforms and compatible devices through which devices are available, will change from time to time. Indaba Yoga Studio reserves the right to replace or remove any content and the platforms available to you through the service, including recorded classes and special edition productions. 

Payment

Indaba On Demand offers membership subscription-based access to its recorded classes and special edition productions. Indaba Yoga Studio reserves the right to cancel, interrupt, or reschedule any content. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Indaba Yoga Studio specifies for the service, Indaba Yoga Studio grants you a non-exclusive, non-transferable, limited right and license, so long as the content are available on the service, to access, view, use, and display for non-commercial, private use.

Memberships are billed on a monthly periodic basis as specified at the time of purchase Memberships do not include access to other services except On Demand classes. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Indaba Yoga Studio will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges.

When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Indaba Yoga Studio later increases the price of the subscription, Indaba On Demand will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

Termination

This Agreement shall remain in full force and effect for so long as it is posted on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.

Indaba Yoga Studio reserves the right to terminate your account or your access to the service immediately, with or without notice to you, and without liability to you, if Indaba Yoga Studio believes that you have breached any of the terms of this Agreement or interfered with use of the service by others.

This Agreement shall be governed by the laws of the United Kingdom, without respect to its conflict of laws principles.

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Indaba Yoga Studio reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes.

PRIVACY POLICY

Indaba Ltd. takes the security and privacy of our customers very seriously. This Privacy Policy is designed to provide you with important information about Indaba Yoga Studio’s use of personal data as required by the GDPR.

Your Personal Data

Indaba stores the following information about its members

Information that you provide during any voluntary or mandatory registration process (such as first and last name, email address, phone number, billing address or credit card information, geographic location), when you call or email us or when you use our services will be stored by Indaba via our online payment system and subscription software.

  • Information about your class attendance and membership status.
  • Payment information that you provide to us through Stripe.
  • Any personal data you may provide via our medical records form.
  • Your IP Address (will be recorded by our web server when you use our website).

How Personal Data May be Used

Indaba uses data to identify trends in popularity of our classes and membership levels.

We may use this data to offer you special offers via email if you have actively opted in to receive email notifications.

Your preferences and use of email updates, recorded by emails we send you.

Personal Data and Third Parties

Indaba does not and will not ever share or sell your data to any third party.

As an Indaba member you have the right to withdraw consent for Indaba to hold your membership data by cancelling your membership.

Indaba does not collect data on members or potential members from any third parties.

We will not disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

Security and Privacy of Your Personal Data

We employ reasonable technical, administrative and physical safeguards to protect the confidentiality and security of your personal information.

Indaba does not have access or visibility of any financial account information that you provide via our Stripe payment system.

Any payments made to Indaba via phone or in person are directly entered to our payment machine and are not recorded anywhere on our systems.

In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation outside the European Economic Area (EEA). Such information will not be transferred out of the EEA for any other purpose.

Becoming an Indaba Member

By signing the waiver when you become an Indaba member you are agreeing to Indaba holding personal data about you via our online system.

By entering into this agreement, you agree to receive email notifications confirming information including, but not limited on your purchases, reminders, and cancellations.

When you sign up to become a member at Indaba, you need to actively opt in to receive our newsletter and promotions. You may opt out at any time by unsubscribing to any of the emails you receive.

Indaba’s Website Use of Cookies

Recorded data which allows our website to recognise you and your preferred settings (cookies), preventing you from needing to provide information on subsequent visits to the site. Your browser can be programmed to warn you before downloading cookies, information regarding this may be found in your browser’s ‘help’ facility.

Any personal data we collect from our website will be used in accordance with GDPR and all other applicable laws.

Indaba’s Communications

If you have actively opted in, you will receive our newsletter with special offers, updates, event invitations and more in addition to occasional emails tailored to your interests/visit history. We do our utmost to ensure these updates are relevant and we are mindful to not spam your inbox.

Keeping your data safe

We keep all our active members’ data securely through our online system (Indaba On Demand), you may request to deactivate your account at any time by contacting us at ondemand@indabayoga.com.

Notification of Changes

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we decide to change this privacy statement in any material way, we will notify you here and by email so our members are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Contact

Please contact Indaba at any time if you have any concerns about the use of your data or would like more information regarding our Privacy Policy.

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