Terms & Conditions

Updated 9.03.2021

Terms of use

These Terms of Use (“Terms”) govern the use of Bradley James Yoga/Lions Breath Wellness (“Service”) and govern the relationship between you (“You” or “User”) and Bradley James Yoga, (“Bradley James Yoga” or “We”) regarding your use of the Service. By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service.

Medical Disclaimer. Before starting any yoga or other exercise program through the Service, consult your physician to determine if such program is right for your needs. Bradley James Yoga is not a medical organization and its teachers or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. By using the Service you represent that you understand that physical 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 from Bradley James Yoga, 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 have. You 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 Bradley James Yoga and Lions Breath Wellness, or any person or entity involved with Bradley James Yoga/Lions Breath Wellness, including without limitation its directors, principals, teachers, independent contractors, employees, agents, contractors, affiliates and representatives. You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.

Seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. 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 Websites and/or the Services.

You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

– After exercise do you frequently experience chest pains?

– Do you get dizzy when you exercise?

– Are you breathless after exercising?

– Do you take medication for high blood pressure?

– Do you have joint problems?

– Do you have a medical condition, which might need special attention when exercising, for example diabetes?

– Have you been physically active in the past?

– Do you have a heart condition that requires supervised physical activity?

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

Your Rights and Obligations

The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account.

When attending live interactive yoga classes or mentorship program, through the Service You shall always wear proper exercise clothing and use appropriate language when contacting the instructor and not behave in a manner that makes the instructor feel uncomfortable or intimidated. Bradley James Yoga has a zero-tolerance policy on any harassment. Bradley James Yoga has the right to suspend You from using the service if you do not follow these guidelines.

Bradley James Yoga grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service application for your private use. The Service comprises the relevant application that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.

If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time.

Without limiting any other remedies, Bradley James Yoga may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Bradley James Yoga/Lions Breath Wellness,suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Bradley James Yoga services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and Bradley James Yoga is under no obligation whatsoever to compensate You for any such losses or results.

You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.

Intellectual Property Rights

The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Bradley James YogaProperty”) are owned by or licensed to Bradley James Yoga/Lions Breath Wellness, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Except as expressly provided in these Terms, Bradley James Yoga does not grant any express or implied rights to use Bradley James Yoga Property.

Bradley James Yoga may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”)

You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Bradley James Yoga Property and Additional Content only in connection with the usage of the Service. Any use of the Service, Bradley James Yoga Property or Additional Content other than as specifically authorised in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.

User Content and Copyright Policy

You may interact with our yoga instructors through the Service and submit messages and/or other content to the Service (“User Content”). Bradley James Yoga/Lions Breath Wellness does not have any duty to monitor any User Content. However, Bradley James Yoga shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.

You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.

Bradley James Yoga does not claim ownership to any User Content but You grant to Bradley James Yoga, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.

Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

Bradley James Yoga, respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site.

Third-Party Services and Material

The Service may contain links to websites operated by third parties or feature content that is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Bradley James Yoga, assumes no responsibility for such third-party services and/or content in third-party services.

Payment Policy

Bradley James Yoga is a premium Service and any Additional Content are purchased via the course platform or Thinkific’s Website. When you purchase the membership/courses, you are also subject to the Thinkific Terms of service.

Paid membership and mentorship program

To access the premium features of Bradley James Yoga, including (but not limited to) a live option to allow the instructor to see you via the web camera and provide personalised instruction (live classes/mentorship,) and full video library, you will have to pay via an auto-renewing membership plan from Bradley James Yoga website.

Renewals and cancellations

Your subscription is automatically renewed at the end of the subscription period . You can modify or cancel your subscription at any time from within the application .If you cancel the subscription you can access the service normally until the end of the billing period, we will not refund the remaining time.

Refunds

Any purchases made are final and non-refundable, but if you feel that the service provided has not been as described please contact our Customer Service team at support@bradleyjamesyoga.com

Pricing changes

We reserve the right to change our pricing plans at our own discretion. In this case, we will try to inform you before any changes so you can modify or cancel your membership before the changes are made. We accept no responsibility for any losses you may incur by failing to change your membership plan after we have informed you of any changes to the pricing plan.

Please note that we may offer limited time promotional prices at our discretion. Those may be also personal offers and not available to everyone. Furthermore, promotional prices usually represent a one-time discount which is only valid for one purchase, not for any recurring payments. When your Yogaia subscription renews itself after your chosen period has ended, the original price will therefore be charged to your account.

Personal Information and Security

You shall give Bradley James Yoga correct personal and other information necessary for the use the Service. You shall inform Bradley James Yoga of any changes to such information.

Use of your personal and other information is governed by Bradley James Yoga Privacy Policy, which is incorporated herein by reference. You consent to processing your personal and other information in accordance with the Bradley James Yoga Privacy Policy, including (without limitation) transfer of such data to countries outside Australia and New Zealand, in accordance with applicable legislation and the Bradley James Yoga Privacy Policy.

Bradley James Yoga shall take appropriate online and physical measures to prevent unauthorised access to, improper use of and the reasonable accuracy of your personal data submitted to Bradley James Yoga, via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Bradley James Yoga servers is not generally available to the public. However, the use of internet services always includes security risks.

You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Bradley James Yoga/or third parties. You agree to not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.

Support and Modifications

Bradley James Yoga shall have no obligation to provide support or maintenance for the Service under this agreement. Bradley James Yoga, at its sole discretion, may provide limited technical support for the Service.

Service Disclaimer / No Warranty

To the maximum extent permitted by applicable law, except as provided above, BRADLEY JAMES YOGA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.

Indemnification

You agree to defend, indemnify and hold harmless Bradley James Yaoga, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). Bradley James Yoga reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.

Limitation of Liability

You understand and acknowledge that Bradley James Yoga will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BRADLEY JAMES YOGA SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.

BRADLEY JAMES YOGA SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BRADLEY JAMES YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BRADLEY JAMES YOGA SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE RESTS ENTIRELY WITH YOU.

Provisioning of the Service and Termination

Bradley James Yoga shall have the right to, at its sole discretion, decide upon the provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time.

These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases, You will not be entitled to any refund.

Privacy Policy

We may share your personal information with our affiliates or with select third parties who offer goods or services we think may be of interest to you.

We may provide your personal information to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Bradley James Yoga assets.

From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor(s) and partners.

We may provide your personal information to service providers or contractors to perform functions on our behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver Bradley James Yoga promotional materials via e-mail and direct mail, promote Bradley James social media presence and activities, to develop, enhance, market or provide any of Bradley James Yoga LTD’s products, to process credit cards and other payments and to assist Bradley James Yoga with sending communications and performing other marketing and support functions.

We may disclose your personal information to a person who in the reasonable judgment of Bradley James Yoga is seeking the information as your agent.

We may disclose your personal information in situations where sharing or disclosing your information is required in order to offer you the products or services you desire.

We may disclose your personal information to a third party or parties, where disclosure is required or permitted by law. Bradley James Yoga may be required to use or disclose your information in connection with a legal action or other proceedings, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

We may disclose your personal information if, in the reasonable judgment of Bradley James Yoga, it is necessary to enforce compliance with our internal policies or the Site Terms of Use or to protect our Site, customers, or others.

Finally, we may use third-party social media platforms, including third-party social media websites, to communicate with you.

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. In addition to the above, we may share with third parties aggregated demographic and statistical information that is not personally identifiable. Also, through the Site, Bradley James Yoga may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.