Terms and conditions of use
By accessing or using any websites, mobile applications or blogs (collectively, the "Sites") provided by Z-Yoga (collectively, "Z-Yoga," "we," "us" or "our") that reference these Terms, you agree to be bound by these Terms and any terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use any products available on the Sites (collectively, "Products").
These Terms do not alter the terms or conditions of any other agreement you may have with us for products, services or otherwise. If you are using the Sites on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Z-Yoga Group reserves the right to change or modify these Terms at any time in its sole discretion. If we make changes to these Terms, we will notify you by, for example, sending an email notice, providing notice through the Sites, or updating the "last updated" date at the beginning of these Terms. By continuing to access or use the Sites or to order, receive or use Products, you confirm your acceptance of the revised Terms and any terms incorporated by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
The Sites are not intended for use by persons under the age of 18. By using the Sites, you represent and warrant that (a) you are 18 years of age or older, (b) you are a legal resident of Madagascar, (c) you have never been suspended or removed from the Sites, nor have you engaged in any activity that would result in suspension or removal from the Sites, (d) you do not have more than one Z-Yoga account, and (e) you have full power and authority to enter into these Terms and, in doing so, you will not violate any other agreement to which you are a party.
3.REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Sites, you must create a Z-Yoga account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information from time to time, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and you agree to accept responsibility for all activities that occur under your account or password, and (d) notify us immediately if you discover or suspect a breach of security related to the Sites or your account.
When you create your Z-Yoga account, you may be asked for your home phone number and cell phone number so that we can contact you with important information about your service and account, and with special offers. By providing your home and cell phone numbers, you agree to receive automated or pre-recorded calls (or text messages if you provide your cell phone number) from or on behalf of Z-Yoga regarding important information about your service and account, and to provide special offers to our customers at the phone number(s) provided.
By creating a Z-Yoga account, you also agree to receive electronic communications from Z-Yoga (e.g., by email or by posting notices on the Sites). These communications may include notices regarding your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications we send to you electronically satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You must retain copies of our electronic communications by printing a hard copy or saving an electronic copy. We may also send you promotional communications via e-mail, including, but not limited to, newsletters, special offers, surveys and other news and information we think you may find interesting. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4.CONDITIONS OF SALE
4.1 Payment and billing information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the full amount of your subscription or other purchase (including applicable taxes and other fees) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is not valid or is not acceptable, your Order may be suspended or cancelled. You must resolve any problems encountered in order to proceed with your Order. If you wish to change or update the payment information associated with your Z-Yoga account, you may do so at any time by logging into your account and changing your payment information.
You acknowledge that the amount charged may vary due to promotional offers, changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to debit your payment method for the corresponding amount.
4.2 Price and Availability
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, reject all or part of an Order, discontinue offering certain Products and substitute Products (including, but not limited to, specific product items) without notice. We strive to provide you with high quality Products and, due to the perishable nature of some Products and market conditions beyond our control, we may need to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at [email protected].
You are responsible for inspecting all Products you receive from us for damage or other problems upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. To maintain the quality of the Products, we recommend that you immediately store all Products upon delivery in an appropriate container. From the time of delivery, the condition and consumption of the Products is solely at your own risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products after delivery.
Our delivery person will drop off the package for you at your door during our normal delivery hours (overnight delivery between 8:00 pm and 8:00 am).
In the event of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur before the scheduled delivery date. In the event that timely delivery of your Order is not possible, we will cancel your Order for the period so affected and issue a credit or refund of the purchase price for such delivery.
4.5 Product Description
Z-Yoga strives to be as accurate as possible. However, Z-Yoga does not warrant that product descriptions, photos or other content of any product are accurate, complete, reliable, current or error-free. If a product offered by Z-Yoga does not conform to the description, your sole remedy is a refund of the product.
4.6 Returns and refunds
If you are not satisfied with a product, please contact us at (____) within 48 hours of delivery and, depending on the circumstances, we will provide you with a credit or refund of all or part of the purchase price of that product. We may require the return or photographic documentation of any product with which you are dissatisfied before providing a replacement, credit or refund.
We currently do not accept returns, but please be assured that your suggestions are appreciated. If we are unable to ship your product for reasons beyond our control, we will issue a refund.
5.LICENSE TO ACCESS AND USE OUR SITES AND THEIR CONTENT
Unless otherwise specified in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Z-Yoga logo and all designs, text, graphics, images, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the exclusive property of Z-Yoga, its licensors, or its users, as the case may be, and are protected by international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and the Content. However, this license is subject to these terms and conditions and does not include any right to (a) sell, resell or commercially use the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or make any other derivative use of the Sites or Content, or any portion thereof (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Sites or the Content, except as expressly authorized by us, and (f) use the Sites or the Content for any purpose other than that for which they were designed. Any use of the Sites or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws, and applicable communications regulations and statutes. Except as expressly provided by us, nothing in these Terms shall be construed as conferring any right or license under any patent, trademark, copyright or other proprietary right of Z-Yoga or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Z-Yoga or a third party and subject to separate license terms, in which case those license terms shall govern such software components.
You are granted a limited, non-exclusive, non-transferable right to create a hyperlink to the Sites for non-commercial purposes, provided that such link does not portray Z-Yoga or any of its products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that such site does not contain any adult or illegal material or any material that is offensive, harassing or objectionable. This limited right may be revoked at any time. You may not use the Z-Yoga logo or any other Z-Yoga proprietary graphic to link to the Sites without our express written permission. In addition, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of Z-Yoga, including images found on the Sites or products, the content of any text or the layout or design of any page, or any form contained on a page, on the Sites without our express written permission.
Z-Yoga makes no representations about, and accepts no responsibility for, the quality, content, nature or reliability of any third party websites hyperlinked from the Sites or websites linked to the Sites. These sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any site to which you link from the Sites.
7.THIRD PARTY CONTENT
We may display third-party content, advertisements and promotions through the Sites or in Product mailings (collectively, "Third-Party Content"). We do not control, endorse or adopt Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, but not limited to, its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Z-Yoga is in no way responsible for such interactions or Third Party Content.
8. USER CONDUCT
You agree not to violate any law, contract, intellectual property or other third party right, or commit a tort, and you are solely responsible for your conduct, when accessing or using the Sites. You agree to abide by these Terms and not to:
- Engage in harassing, threatening, intimidating, predatory or stalking behavior;
- Use or attempt to use another user's account without that user's and Z-yoga's permission;
- Use the Sites in a manner that could interfere with, disrupt, negatively affect or inhibit any other user from taking full advantage of the Sites or that could damage, disable, overburden or impair the operation of the Sites in any way;
- reverse engineer any aspect of the Sites or do anything that would uncover the source code or circumvent the measures employed to prevent or restrict access to any content, area or code of the Sites;
- Attempt to circumvent any content filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scripting device, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, retrieve data or interfere with or alter the rendering of pages or features of the Sites; or
- use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To the extent permitted by law, you agree to indemnify, defend and hold harmless Z-Yoga, and our respective past, present and future employees, officers, directors, contractors, consultants, shareholders, suppliers, vendors, service providers, parents, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, (individually and collectively, the "Z-Yoga Parties"), from and against any and all claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, costs, expenses (including, but not limited to, attorneys' fees) and costs (including, but not limited to, court costs, settlement costs, and indemnification and insurance costs) asserted or alleged to be asserted by the Z-Yoga Parties or third parties of every kind and nature, whether known or unknown, anticipated or unanticipated, accrued or unaccrued, or suspected or unsuspected, at law or in equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, which are caused by, arise out of or relate to (a) your use or misuse of the Sites (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of others, and (f) any third party's use or misuse of the Sites or products provided to you. You agree to promptly notify Z-YOGA of any third party claims and to cooperate with Z-YOGA in the defense of such claims. You also agree that the Z-YOGA Parties shall have control over the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnity provided in a written agreement between you and Z-YOGA
You are solely responsible for the proper handling, preparation, storage, cooking, use and consumption of the products you receive from us. You are also solely responsible for knowing your food allergies, if any, and for checking the products and their contents before handling, preparing, using or consuming them.
You also agree that the products and other materials you receive in your order may vary from the products and materials displayed on the Sites due to a number of factors, including, but not limited to, your computer's system capabilities and limitations, manufacturing process or supply issues, and product availability and variability. The Sites may contain information about products that are not available in all locations.
except as provided in a product manufacturer's warranty, all products, sites and content are provided "as is" without warranty of any kind, express or implied. z-yoga disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the sites, content and products, any warranty arising out of trade usage or custom, and any warranty that the sites or products will be free and clear of any adverse liens or encumbrances.
We reserve the right to change any or all of the Content and to modify, suspend or discontinue providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, recommendation or any affiliation with them by us. Some jurisdictions do not allow the exclusion of implied terms in consumer contracts, so some or all of the exclusions in this section may not apply to you.
11. LIMITATION DE RESPONSABILITÉ, DÉCHARGE
Dans toute la mesure permise par la loi applicable, en aucun cas z-yoga ou les autres parties de z-yoga ne pourront être tenus responsables de dommages indirects, spéciaux, incidents, conséquents, exemplaire ou punitif de quelque nature que ce soit (y compris, mais sans s'y limiter, la perte de revenus, de revenus ou de bénéfices, la perte d'utilisation ou de données, la perte ou la diminution de la valeur des actifs ou des titres, ou des dommages pour interruption d'activité) découlant de ou liés de quelque manière que ce soit à l'accès ou à l'utilisation des sites ou du contenu ou à la commande, la réception ou l'utilisation de tout produit ou autrement liés aux présentes conditions (y compris, mais sans s'y limiter, tout dommage causé par ou résultant de la confiance accordée par tout utilisateur à toute information obtenue auprès de z-yoga, ou d'erreurs, d'omissions, d'interruptions, de suppressions de fichiers ou de courriels, d'erreurs, de défauts, de bogues, de virus, de chevaux de troie, de retards de fonctionnement ou de transmission ou de tout défaut d'exécution, Qu'ils résultent ou non d'un cas de force majeure, d'une panne de communication, d'un vol, d'une destruction ou d'un accès non autorisé aux enregistrements, programmes ou systèmes de Z-Yoga,) quelle que soit la forme d'action, qu'elle soit fondée sur un contrat, un délit (y compris, mais sans s'y limiter, la simple négligence, qu'elle soit active, passive ou imputée), la responsabilité stricte du produit ou toute autre théorie légale ou équitable (même si la partie a été informée de la possibilité de tels dommages et indépendamment du fait que ces dommages étaient prévisibles).
12. CHANGES TO THE SITES AND PRODUCTS
We reserve the right, in our sole discretion, to modify, suspend or discontinue, temporarily or permanently, the Sites (or any feature or part thereof) or the provision of the Products at any time without liability.
13. DISPUTE RESOLUTION; ARBITRATION
Please read the following section carefully, as it requires you to arbitrate certain disputes and claims with Z-yoga.
13.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising out of or relating to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in court or to obtain injunctive or other equitable relief for the alleged unlawful use of Intellectual Property including, but not limited to, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Z-Yoga agree to (a) waive your and Z-Yoga's respective rights to have any dispute arising out of or relating to these Terms, or the Sites, Content or Products resolved by a court, and (b) waive your and Z-Yoga's rights to a jury trial. Instead, you and Z-Yoga agree to arbitrate disputes through binding arbitration (which involves submitting a dispute to one or more persons to review and make a final and binding decision to resolve the dispute, rather than having the dispute decided by a judge or jury in a court of law). You agree to bring actions against Z-Yoga only through such binding arbitration and not to file any action in court. Jurisdiction shall be given to CAMM (Centre d'Arbitrage et de Médiation de Madagascar).
13.2 No Class Arbitration, Class Actions or Representative Actions
You and Z-yoga agree that any dispute arising out of or relating to these Terms or the Sites, Content or Products is personal and will be resolved solely by individual arbitration and will not be subject to class arbitration, class action or any other type of representative proceeding. You and Z-yoga agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Z-yoga agree that a dispute may not be subject to class or other representative action, either in or out of arbitration, or on behalf of any other person or group of persons.
13.3 Notice, Information and Dispute Resolution
You and Z-yoga agree that each party will notify the other party in writing of any arbitrable dispute or litigation within thirty (30) days of its occurrence, so that the parties can attempt in good faith to resolve the dispute informally. Notice to Z-yoga shall be sent by certified mail or courier to Z-yoga.
Your notice must include (a) your name, mailing address, telephone number, the email address you use or have used for your Z-yoga account and, if different, an email address at which you can be contacted, (b) a reasonably detailed description of the nature or basis of the dispute, and (c) the specific relief you seek. Our notice to you will be sent electronically in accordance with Section 3 and will include our name, mailing address, telephone number and an email address at which we may be contacted regarding the dispute, (y) a reasonably detailed description of the nature or basis of the dispute, and (z) the specific relief we seek. If you and Z-yoga are unable to agree on how to resolve the dispute within thirty (30) days of the date of receipt of the notice by the relevant party, you or Z-yoga may, as appropriate and in accordance with this Section 13, initiate arbitration proceedings or, to the extent specifically provided in Section 13.1, file a complaint with a court.
Except for Disputes arising out of or relating to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for alleged unlawful use of intellectual property, including, but not limited to, copyrights, trademarks, trade names, you and Z-yoga agree that any such litigation must be commenced or filed by you or Z-yoga within one (1) year from the date of the dispute's occurrence or the underlying claim is permanently barred (meaning that you and Z-yoga will no longer have the right to assert any such claim with respect to the dispute). You and Z-yoga agree that any arbitration shall take place in Kollam, Kerala.
14. APPLICABLE LAW AND JURISDICTION
These Terms, your access to and use of the Sites, and your order, receipt and use of the Products shall be governed by, construed and enforced in accordance with the laws of Madagascar, without regard to conflict of laws rules or principles that would cause the application of the laws of any other jurisdiction.
Without prejudice to any provision contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in any such event and that you shall not be entitled to a refund of any amounts previously paid by you to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held to be invalid or unenforceable, then such term, clause or provision shall be severable from these Terms and shall not affect the validity or enforceability of any remaining portion of such term, clause or provision, or any other term, clause or provision of these Terms.
The following sections shall survive the expiration or termination of these Terms and the termination of your Z-Yoga account: all defined terms and sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8 (second paragraph only), 9 through 18.
These Terms constitute the entire agreement between you and Z-yoga with respect to your access to and use of the Sites and your ordering, receipt and use of Products. These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Z-yoga. No waiver of any provision of these Terms shall constitute a waiver of such provision in any prior, contemporaneous or subsequent instance, and Z-yoga's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer any third party beneficiary rights on any other person or entity.
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What personal data do we collect and why do we collect it?
When visitors leave comments on the site, we collect the data specified in the comment form, as well as the visitor's IP address and browser user agent string to help detect spam.
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If you have an account on this site, or if you have left comments, you can request to receive an exported file of the personal data we hold about you, including the data you have provided to us. You may also request that we delete any personal data we hold about you. This does not include data that we are required to retain for administrative, legal or security purposes.