Terms of Use
All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
1. General
Breaking Free Yoga (“Company”, “we”, “us”, or “our”) is the owner and operator of thiswebsite, https://www.breakingfreeyoga.com.au, (the “Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to services available through the Site or from the Company. Please read these Terms of Use carefully to understand our terms regarding your use of the site and services offered by Breaking Free Yoga. If you do not agree with our terms, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms of Use. It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.
These terms of use are effective as of 3rd March 2023.
2. Intellectual Property Rights
This Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Australia and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download one copy of a reasonable number of pages of the Website for your own personal, non- commercial use and not for further reproduction, publication or distribution.
● If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
3. User Contributions
The Website may contain testimonials, profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By submitting or posting any materials or content on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You represent and warrant that:
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
● All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
4. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Please note that we do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications orcontent provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this
Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail” in letter ”spam” or any other similar
solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any other
unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper working of the Website.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious
or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or database
connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
● Take any action with respect to any User Contribution that we deem necessary or appropriate
at our sole discretion, including if we believe that such User Contribution violates the Terms of
Use, including the Content Standards, infringes any intellectual property right or other right of
any person or entity, threatens the personal safety of users of the Website or the public or could
create liability for the Company.
● Disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights or their
right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have
the right to fully cooperate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone posting any materials on or
through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW
ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by
you or any other visitor to the Website, or by anyone who may be informed of any of its
contents.
This Website may include content provided by third parties, including materials provided by
other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.
All statements and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company, are solely the
opinions and the responsibility of the person or entity providing those materials. These materials
do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any third parties.
9. Copyright Infringement; Notice and Take Down Procedures
The Company specifically prohibits the posting of any content that violates or infringes the
copyright rights and/or other intellectual property rights (including rights of privacy and
publicity) of any person or entity. If you believe that any material contained on this Site infringes
your copyright or other intellectual property rights, you should notify us of your copyright
infringement claim in accordance with the following procedure. The Company will process
notices of alleged infringement that it receives and will take appropriate action as required by the
Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed
copyright infringement should be sent to the following email
address:michelle@breakingfreeyoga.com.au
To be effective, the notification must be in writing and contain the following information
(DMCA, 17 U.S.C. §512(c)(3)):
● Physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative list
of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time,
and we are under no obligation to update such material.
11. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, at our sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users, including registered
users.
12. Geographic Restrictions
The owner of the Website is based in New South Wales, Australia. We make no claims that the
Website or any of its content is accessible or appropriate outside of the Australia. Access to the
Website may not be legal by certain persons or in certain countries. If you access the Website
from outside Australia, you do so on your own initiative and are responsible for compliance with
local laws.
13. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." COMPANY DOES NOT
WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND
INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS
AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL,
OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT,
AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION
THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN
RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A
QUALIFIED PROFESSIONAL.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE
SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE,
CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE
FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR
OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES
OR HARM ATTRIBUTABLE TO SUCH FEATURES.
14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY
LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER
OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE; AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE
FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT
AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and
service providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising
out of or relating to your violation of these Terms of Use or your use of the Website, including,
but not limited to, your User Contributions, any use of the Website's content, services and
products other than as expressly authorized in these Terms of Use or your use of any information
obtained from the Website.
16. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these
Terms, for any failure or delay in our performance under these Terms when and to the extent
such failure or delay is caused by or results from acts or circumstances beyond our reasonable
control, including, without limitation, acts of God, flood, fire, earthquake, explosion,
governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist
threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic,
lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints
or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.
17. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of Australia without giving
effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding
arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in
the federal courts of Australia.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to
venue in such courts.
18. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon the User and their respective
heirs, legal personal representatives, successors and assigns.
19. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you
and Company with respect to the Website and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and oral, with respect
to the Website.
20. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
21. Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating
to the Website should be directed to michelle@breakingfreeyoga.com.au
WEBSITE PRIVACY POLICY
Your privacy is very important to us.
Our Privacy Policy spells out our commitment to respecting the privacy of visitors to our site.
We are very careful with what we do with your information.
This website, https://www.breakingfreeyoga.com.au, (“Website”) is owned and operated by
Breaking Free Yoga (“Company,” “we”, “our”). By accessing or using this Website, you agree to
this Privacy Policy.
If you do not agree with our policies and practices, your choice is not to use our Website.
This Privacy Policy describes how we collect and use the personal information you provide to us
on our Website. It also applies to information we collect on this Website, as well as in email,
text, and other electronic messages between you and this Website. It does not apply to
information collected by us offline or through any other means, including on any other
website operated by Company or any third party.
We may update this Privacy Policy to reflect changes to our information practices. If we make
any material changes, we will notify you by email or by means of a notice on this Website prior
to the change becoming effective. We encourage you to periodically review this policy for the
latest information on our privacy practices.
1. Collection and Use of Personal Information
We collect personal information from you to provide a customized experience on our website.
To opt out of data collection, contact us at michelle@breakingfreeyoga.com.au
Browsing
To ensure proper use of the Website, we automatically gather information about your computer
such as your IP address, time and date of visit, browser type, referring/exit pages and operating
system.
To ensure proper use of the Website, we collect the following personal information from you:
· IP address
· Time and date of visit
· Browser and operating system information
· Referring/exit pages
We may log this information for system administration, order verification, internal marketing,
and system troubleshooting purposes.
We may also use this information:
• To present our Website and its contents to you
• To provide you with information, products, or services
• To fulfill any other purpose for which you provide it
• To carry out our obligations and enforce our rights arising from any contracts entered into
between you and us, including for billing and collection
• To notify you about changes to our Website
The data collected will be stored in the database until the expiration of the limitation period for
claims under the Terms of Use.
Orders
To process your orders, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
· Billing Information such as credit card number and billing address
· Preferences Information such as order history and email marketing preferences
The data provided in the order form will be stored in the database until the expiration of the
limitation period for claims under the concluded contract. Each order is recorded in the database
as a separate item.
Payment for the order is made via PinPayment. The data collection for payment is done entirely
via a third-party service.
Servers
To provide use of the Website via the server on which the Website is hosted, we collect the
following personal information from you:
· IP address
· Server date and time
· Browser and operating system information
This data is stored on the server until the expiration of the limitation period for claims under the
concluded contract. This data is not used by the Company to identify anyone.
User Accounts
To provide a user account, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
The data provided in the account form will be stored in the database until the expiration of the
limitation period for claims under the concluded contract. You can modify data included in your
account at any time using the options available after logging in to your account. You can delete
your account at any time, which will also result in the removal of your personal data from the
database.
Contact Forms
To fulfill your contact form requests, we collect the personal information contained in the
contact form. The data provided in the account form will be stored in the database until the
expiration of the limitation period for claims under the concluded contract.
2. Mobile Services
We may also collect non-personal information from your mobile device if you access the
Website from your phone. Examples of information that may be collected and used include your
geographic location, how you use the mobile site, and type of device. The data collected will be
stored in the database until the expiration of the limitation period for claims under the Terms of
Use.
3. Email Communications
We may use your email to deliver our daily newsletter, as well as for other promotional
purposes.
Email messages we send you may contain code that enables our database to track your usage of
the emails, including whether the email was opened and what links (if any) were clicked. The
data collected will be stored in the database until the expiration of the limitation period for
claims under the Terms of Use.
You may indicate your preference to opt out of receiving promotional communications by
following the unsubscribe instructions provided in the promotional email you receive or by
contacting us directly at michelle@breakingfreeyoga.com.au,
You acknowledge that it may take up to 10 days for us to process an opt-out request.
Please note that you cannot opt out of receiving transactional emails related to your account with
us.
4. Cookies and Other Tracking Technologies
We use cookies to ensure proper functionality of the website and for the following purposes:
● Keeping track of your preferences
● Operation of the cart and the ordering process
● Providing a user account
● Recording the acceptance of the Terms of Use
● Providing support
● Tracking website statistics, such as number of visitors, type of operating system and web
browser used, time spent on the website, visited subpages, etc.
The data collected will be stored in the database until the expiration of the limitation period for
claims under the Terms of Use.
For this purpose, we may use a third-party website. The use of third-party services involves the
implementation of the tracking code provided by the third-party service into our website’s code.
This code is based on cookies but may also use other tracking technologies. In this regard,
collected information is completely anonymous and does not allow your identification.
You may refuse to accept browser cookies by activating the appropriate setting on your browser.
However, if you select this setting you may be unable to access certain parts of our Website.
5. Information Sharing
We will share your personal information with third parties only in the ways that are described in
this privacy statement.
We do not sell your personal information to third parties and we do not authorize the collection
of our visitors' personally identifiable information by any third parties for the third parties' use.
We may also disclose your personal information:
• To our subsidiaries and affiliates
• To contractors, service providers, and other third parties we use to support our business
• To a buyer or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether
as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal
information held by Company about our Website users is among the assets transferred
• To fulfill the purpose for which you provide it
• For any other purpose disclosed by us when you provide the information
• To comply with any court order, law, or legal process, including to respond to any government
or regulatory request
• To enforce or apply our terms of use and other agreements, including for billing and collection
purposes
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of
Company, our customers, or others
6. Personal Data
The Administrator of your personal data Breaking Free Yoga, NSW, Australia. Australia ABN
No: 46738805136
You have the following rights concerning our processing of your personal data:
1. The right to request access to your personal data as well as its rectification, removal or
restriction of processing
2. The right to object to the processing
3. The right to transfer data
4. The right to withdraw consent for the processing of personal data for a specific purpose
5. The right to bring a complaint to the supervisory authority in connection with the
processing of personal data
We may refuse to exercise certain rights from those indicated above in a situation where the
implementation of a given right would be in conflict with the legitimate purpose of the data we
process. For example, we may refuse to delete personal data specified in your order until the
expiration of the limitation period for claims under the concluded contract.
We entrust the processing of personal data to the following entities:
1. SQUARESPACE - in order to operate the website
2. GOOGLE ANALYTICS– to process website analytics
3. PinPayments - in order to process order payment
4. Facebook, LinkedIn, Instagram - to interact with you online
In connection with the use of these third-party entities, personal data may be transferred to
another country.
7. Security
We follow generally accepted industry standards to protect the personal information submitted to
us, both during transmission and once we receive it. However, no method of transmission over
the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its
absolute security. In the event of a data breach, you will be notified within 72 hours.
8. A Note About Children
We do not intentionally gather personal information from visitors under the age of 13.
If a child under 13 submits personal information to us and we learn that the personal information
is the information of a child under 13, we will attempt to delete the information as soon as
possible. If you believe that we might have any Personal Data from a child under 13, please
contact us at michelle@breakingfreeyoga.com.au,
9. Contact Information
You can contact us about this Privacy Policy by emailing us at
michelle@breakingfreeyoga.com.au,
E-COMMERCE POLICIES
1. Order Acceptance You agree that your order is an offer to buy, under these Terms, all
products and services listed in your order. All orders must be accepted by us or we will not be
obligated to sell the products or services to you. We may choose not to accept any orders at our
sole discretion. After having received your order, we will send you a confirmation email with
your order number and details of the items you have ordered. Acceptance of your order and the
formation of the contract of sale between Company and you will not take place unless and until
you have received your order confirmation email.
2. Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a
product will be the price in effect at the time the order is placed and will be set out in your order
confirmation email. Price increases will only apply to orders placed after such changes. Posted
prices do not include taxes or charges for shipping and handling. All such taxes and charges will
be added to your merchandise total and will be itemized in your shopping cart and in your order
confirmation email. We are not responsible for pricing, typographical or other errors in any offer
by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are at our sole discretion and payment must be received by us before our
acceptance of an order. You represent and warrant that (i) the payment information you supply to
us is true, correct and complete, (ii) you are duly authorized to use such payment for the
purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you
will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Shipping Policies
All orders will be despatched electronically and in digital format.
4. Final Sale; Returns; Exchanges
There are no returns or exchanges for digital content purchased.
5. Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of
Australia. You represent and warrant that you are buying products or services from the Site for
your own use only, and not for resale.
6. Disclaimer of Warranties
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE
OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING,
COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE
SITE, OR ANY CONTENT OR ANY INFORMATION, GOODS, OR SERVICES THAT
ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR
REPLACEMENT OF THE PRODUCT AND COMPLIMENTARY SHIPPING FEES AT
OUR SOLE DISCRETION. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY
ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY
US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR
IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED
WARRANTY.
7. Digital Materials
In accordance with the terms herein, and in consideration for digital purchases made from the
Site, Company grants to You, and You accept from Company, a non-exclusive and non-
transferable license (the "License") to use the current version of our digital materials (“Digital
Materials”). Digital Materials includes any purchased ebooks, online courses, templates, photos,
or other digitally available materials. You agree to use and access the Digital Materials solely for
Your own personal educational purposes. You have no implied rights to the License of Digital
Materials. Except as is otherwise expressly permitted in this Agreement, the use of the Digital
Materials is restricted so no one may do any of the following or aid anyone in such endeavor: (a)
Sublicense, sell, lease, or rent the Digital Materials; (b) Decompile, disassemble, reverse
engineer or attempt to derive the source code from or structure of the Digital Materials; (c)
Create a derivative work that is based on any portion of the Digital Materials; (d) Rewrite any
portion of the Digital Materials or use any portion of the Digital Materials in connection with
creating any work that is similar in function, content or appearance to any portion of the Digital
Materials; (e) Remove any proprietary notice from the Digital Materials; (f) Copy, reproduce,
distribute, or in any way duplicate all or any part of the Digital Materials; (g) export or re-export
the Digital Materials or any portion thereof in violation of the export control laws or regulations
of Australia; (h) engage in, facilitate, or further any unlawful conduct; and/or (i) damage, disable,
overburden, or impair any Company Website (or the networks connected to any Company
Website) or interfere with anyone else's ability to access or use the Digital Materials.