Welcome to beyogalates www.beyogalates.com.au
This Site is owned and operated by beyogalates. The site gives you the opportunity to purchase a membership for access to online yoga and pilates classes, both Live and pre recorded workouts including information on health and well being.
The term ‘Beyogalates’ or ‘us’ or ‘our’ or ‘we’ refers to Beyogalates, whose registered office is at 7a Birdrock Avenue, Mount Martha, Victoria.
BEYOGALATES CLASSES ARE HIGHLY PHYSICAL AND WILL PUT STRAIN ON YOUR BODY AND AS SUCH WE HIGHLY RECOMEND THAT YOU SEEK A FULL MEDICAL CHECK-UP FROM A MEDICAL PROFESSIONAL PRIOR TO COMPLETING ANY BEYOGALATES CLASSES. BEYOGALATES IS NOT LIABLE FOR ANY INJURY OR MEDICAL CONDITION THAT YOU MAY ENDURE DURING OR FOLLOWING ANY BEYOGALATES CLASS.
These Terms and Conditions (Terms) govern your use of this Site, as well as our products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact us at lisa@beyogalates.com.au if you have any questions before purchasing our products or engaging our services.
Certain content, products and Services available via our Site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our website will only be available at such times as we may decide, and we do not guarantee that our website, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our Site is not available for any reason, and we shall have no obligation to you to make sure that our Site is available to you at any time.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
These terms constitute the entire agreement between the parties in respect of this subject matter.
When you use our website or services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site 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.
By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchase tickets to our events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the site will constitute your acceptance of any changes. If you object to any changes to the Terms, you may contact us at lisa@beyogalates.com.au and immediately discontinue your use of the products and/or services.
GENERAL DISCLAIMER
All our consulting products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
We provide exercise instruction and support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation. We take nor accept any liability for the actions you take through the use of our guidance.
Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. Your future success cannot be guaranteed based on others past success.
You acknowledge and agree that Beyogalates its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your use of the website, trainings or programmes contained herein.
Every attempt is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We promise that we:
BEYOGALATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WIBSITE OR AMPLIFIER’S SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY THIRD PARTY AND MANUFACTURERABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BEYOGALATES DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OFFERED, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OUR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
If you breach these Terms and Beyogalates takes no action against you this does not mean that we have waived our rights and remedies with regard to your breach. We may still take action or exercise our rights and remedies for that action, or any other situation, where you breach your obligations under these Terms.
Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to us for the purpose of legal process) or by pre-paid post. Any notice we send to you will be to the address you supplied to us when you registered for your account. You can send any notice to us at the registered office address as set out above.
If any provision of these Terms should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
These Terms are governed and interpreted by the laws of Victoria, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Victoria.
We may have to cancel an order due to an event outside our reasonable control. We will promptly contact you if this happens.
No waiver by us of any breach of yours under these Terms shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms.
Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
All provisions of these Terms apply equally to and are for the benefit of Beyogalates, its subsidiaries, any holding companies of Beyogalates, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms is otherwise enforceable by any person who is not a party to it.
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms without affecting the rest of the Terms. Where capable, the validity and enforceability of the remaining provisions of these Terms shall not be affected.
We will do our best to resolve any disputes about these Terms. If you wish to bring a legal claim against us, these Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Victorian law and both parties hereby submit to the exclusive jurisdiction of the competent courts of Victoria.
In any event, the provisions of the above, shall survive termination of the agreement.
When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or The Beyogalates community any of the following:
We reserve the right (but have no obligation) to:
Review, modify, reformat, reject or remove you access to Beyogalates if, in our opinion, violates these Terms otherwise has the potential to harm, endanger or violate the rights of any person; and
Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
1. Our Site is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
2. Whilst using this Site and/or The Beyogalates group community, we request that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code; or
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
We reserve the right to suspend or terminate your use of the Site, ‘Beyogalates’ or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
Refunds are not provided for our online products and/or services, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth). Fees and charges for services are provided to you by Beyogalates. All purchases are final. We do not refund for change of mind.
Invoices for any program are automatically generated and can be requested at any time by emailing lisa@beyogalates.com.au
Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
b. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
From time to time, Beyogalates may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
Events beyond our reasonable control: We shall not be liable for any breach of our obligations where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your, if possible.
Beyogalates is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au
When we talk about the “Site”, we mean our platforms, which include our websites and our mobile applications, our communications that we send and services that we provide, social networking sites, and any other websites we offer that link to or reference this Privacy Statement.
Personal Information is information or an opinion that identifies an individual.
Personal Information is obtained in many ways including through social media channels, correspondence, by phone, by email, via our website www.beyogalates.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee nor take any liability for any website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Personal Data We Collect
We will collect the following personal data when you interact with the Site:
• Authentication and identification information (e.g. your name, email address, and password). This information is necessary to set up and log you into your account, If you don’t provide this, we may not be able to provide our full range of account services to you;
• Basic personal details (e.g. your name, date of birth, and nationality);
• Contact details (e.g. your postal address, telephone number, and email address). We may need some of this information to deliver products to you, such as your postal address to deliver physical products and your email address to send you vouchers, and won’t be able to carry out these Services if you don’t provide it;
• Payment details (e.g. your credit card details or payment tokens from third party payment providers like PayPal). We use these to process your order, and won’t be able to take payment from you or give refunds if you don’t provide it; and
• Information about your contacts with Beyogalates (e.g. call recordings, instant messages on our site, and user generated content).
Some information we collect is necessary for us to provide our services or meet our legal obligations. We will make this clear when we collect that information from you.
We will also automatically collect personal data when you interact with the Site through your computer, mobile device, or other device.
We will collect the personal data described above at various stages in your relationship with us when you:
• Register, subscribe, authorise the transfer of, or create an account with us. If you choose not to create a password for your account, we create an account and link your purchase details to your email address, which you can set a password for during each purchase;
• Open or respond to emails or messages from us;
• Provide information to enroll or participate in programs provided on behalf of, or together with Sellers and Business Partners, with your consent or as necessary to provide Services you have requested;
• Visit any page online that displays our ads or content;
• Purchase products or Services on or through the Site;
• Connect, log-in, or link to the Site using social networking tools; and
• Post comments to the online relevant sections of the Site.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us [in writing?? Can they just call you if yes, omit].
Beyogalates will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
We will retain your personal data for as long as your account is active or as needed to provide you services. If you close your account, we will retain your personal data for a period where it is necessary to continue operating our business effectively, to maintain a record of your transactions for financial reporting purposes or fraud prevention purposes until these purposes no longer exist, and to retain as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality, or features to the Site. If we make any material changes we will notify you, either by email (sent to the email address specified in your account), by means of notice on the Site or by using other methods. You can determine when this version of the Privacy Statement was adopted by us by referring to the “Effective Date” above.
You understand that your continued use of the Site after we send a notice about our changes to the Privacy Statement means that the collection, control, processing, and use of your personal data is subject to the updated Privacy Statement. If you object to any changes, you may modify your account settings or close your account as described below.
We are committed to working with you to obtain a fair resolution of any request, complaint, or concern about our use of your personal data. If, however, you believe that we have not been able to assist you, you can submit a complaint to lisa@beyogalates.com.au or contact the Office of the Australian Information Commissioner (OAIC) through their website, https://www.oaic.gov.au/.