TERMS OF USE AGREEMENT

Akhanda yoga ytt, retreats, workshops and classes (in person and online)

This Terms and Conditions Agreement (the “Agreement”) is between you and World Conscious Yoga Family (Akhanda Yoga) doing business as Akhanda Yoga (“Akhanda Yoga”). The Akhanda Yoga network is comprised of various websites, associated widgets, mobile applications and other distribution platforms (the “Sites”) operated by Akhanda Yoga.

APPLICATION

This terms of service agreement applies to all services provided by Akhanda Yoga, whether online or in person, including all online or In-Person classes, Yoga Teacher Trainings, Workshops, and Retreats.

PROVISION OF WEB-BASED SERVICES

Our website is provided for use from our facilities in Canada. Akhanda can make no representations or warrantee that it will be available, compatible or permitted for use in any other jurisdiction. If connecting with our services from a foreign jurisdiction, you agree that your use depends on your ability to connect with our services and it is your responsibility to ensure that such use complies with local law and requirements of use with your internet service provider.

ACCEPTANCE OF TERMS

The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL USE

The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance. Akhanda Yoga is under no obligation to enter into agreements to authorize such a use and may choose to do so in its sole and absolute discretion. Please contact us for more information.

PAYMENT

All prices are indicated in USD and subject to applicable taxes. Akhanda Yoga reserves the right to modify services, products and rates at any time. We will not, however, increase the rate you have subscribed to, provided your subscription to our services continues without interruption. Automatic renewal payments will be taken for one month, in advance, thirty (30) days following you subscribing to this service and every month thereafter. Your subscription will renew and payments will be taken automatically until you choose to cancel your subscription regardless of the degree to which you choose to use the service provided. If you cancel your subscription within the first thirty (30) day trial period, no payment will be taken. Once a payment is made, no refunds of subscription amounts are available. You may cancel your subscription at any time, without penalty or refund.

NO SHARING OF ACCOUNT INFORMATION

You agree that you will not share your username and password with others. Excessive usage of the Sites will be assumed by Akhanda Yoga to be fraudulent use and your account will be immediately cancelled without a refund.

ONLY ONE FREE PROMOTIONAL PERIOD

Each individual is only entitled to one free seven-day promotional period. Akhanda Yoga will terminate without refund any and all accounts associated with a person attempting to use more than one free promotional period, in any form or by whatever means whatsoever.

RISKS OF USE

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties. Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.

WAIVER

BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE THAT NEITHER YOU, NOR YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS, WILL HOLD WORLD CONSCIOUS YOGA FAMILY/ AKHANDA YOGA, ITS OWNERS, TEACHERS, ASSISTANTS, AGENTS OR EMPLOYEES, RESPONSIBLE FOR ANY INJURY, ACCIDENT, ILLNESS OR HARM THAT MAY BEFALL YOU DURING THE PROVISION OF ANY SERVICES OFFERED BY AKHANDA YOGA OR ANY DAMAGE WHICH MAY OCCUR TO YOUR PROPERTY WHILE YOU ARE IN TRANSIT TO OR FROM OR ATTENDING A WORLD CONSCIOUS YOGA FAMILY/ AKHANDA YOGA PROGRAM INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY SUCH INJURY, ACCIDENT, ILLNESS HARM OR DAMAGE CAUSED BY OR RESULTING FROM THE ACTS OR OMISSION OF ANY PERSON OR COMPANY CONVEYING YOU OR PROVIDING ACCOMMODATION AND ANY ACTS OR OMISSIONS OF WORLD CONSCIOUS YOGA FAMILY/ AKHANDA YOGA, ITS OWNERS, TEACHERS, ASSISTANTS, AGENTS OR EMPLOYEES, OTHER THAN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE INSTRUCTOR AND AKHANDA YOGA, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, RELATED AND AFFILIATED COMPANIES, LICENSEES, SPONSORS, SUCCESSORS, ASSIGNS AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS CONTRACTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES AND MEMBERS OF THE FOREGOING ENTITIES OR OTHER PERSONS AFFILIATED WITH THE SITES (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE RELEASED PARTIES FOR PERSONAL INJURY OR PROPERTY LOSS. YOU ACKNOWLEDGE THAT, ALTHOUGH IT IS SAFER TO TRAVEL WITH A GROUP THAN SINGLY, NO TRAVEL IS WITHOUT RISK.

If you are attending a residential program, you will take all reasonable precautions and make all arrangements required to be back at the Ashram/retreat centre by closing time in the evening, and preserve the silent time of the facility. You understand that for the benefit of the group and the integrity of the Yoga Teacher Training program, if you do not follow the rules of the YTT program/ashram/retreat centre, or if you do not treat other students and teachers respectfully, you will be asked to meet with the teachers to discuss these issues. Thereafter, you may be asked to leave the program without credit or refund.

YOU ACKNOWLEDGE THAT NO PHYSICAL ACTIVITY, INCLUDING YOGA, IS RISK FREE. YOGRISHI VISHVKETU (MANOJ PANWAR) IS REGISTERED AS AN EXPERIENCED YOGA TEACHER (E-RYT) BY THE YOGA ALLIANCE AND ALL OTHER YTT TEACHERS EMPLOYED BY AKHANDA YOGA ARE RYTS REGISTERED WITH THE YOGA ALLIANCE UNDER OUR REGISTERED YOGA SCHOOL STATUS. IN SPITE OF AKHANDA YOGA’S INTEGRITY AS TEACHERS, A STUDENT COULD INJURE HIM OR HERSELF THROUGH FORCING THE POSES OR NOT PERFORMING THE POSES AT THEIR OWN LEVEL OF ABILITY. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR MONITORING AND DICTATING YOUR LEVEL OF ACTIVITY AND THAT YOU CAN BEST KEEP YOURSELF HEALTHY AND INJURY FREE DURING YOGA CLASS BY LISTENING TO YOUR BODY AND OPTING OUT OF POSES OR CHOOSING MODIFICATIONS TO AVOID MOVEMENTS OR POSES WHERE MY BREATH BECOMES HALTING, AND/OR THERE IS STRAIN. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL INFORMATION AND CONTENT PROVIDED IN ON-LINE CLASSES IS INTENDED FOR REFERENCE ONLY AND IS NOT INTENDED TO REPLACE IN-CLASS INSTRUCTION WITH A TRAINED AND QUALIFIED INSTRUCTOR.

MODIFICATION OF THESE TERMS OF USE

Akhanda Yoga reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.

REGISTRATION INFORMATION AND AGE RESTRICTION

The Sites are not directed at children under eighteen years of age, and by providing information about yourself to Akhanda Yoga you are representing that you are eighteen years of age or older and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Akhanda Yoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time with any fees having been paid forfeited in the entirety.

LINKS TO THIRD PARTY WEBSITES

The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Akhanda Yoga and Akhanda Yoga is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Akhanda Yoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Akhanda Yoga of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, you warrant to Akhanda Yoga that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Akhanda Yoga. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.

COPYRIGHTED CONTENT

The Sites contain copyrighted material owned by Akhanda Yoga. You may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Sites. In addition copyrighted materials or information may only be put to personal use. No licence is given, by the provision of these services, to use these materials for any other purpose.

TRADEMARKS, NAMES AND LOGOS

All trademarks, names and logos used on the Sites or delivered via the Services are either owned by Akhanda Yoga or a use right has been granted to Akhanda Yoga. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Akhanda Yoga, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names and logo featured on the Sites for which you do not have personal rights.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AKHANDA YOGA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. AKHANDA YOGA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AKHANDA YOGA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF AKHANDA YOGA FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKHANDA YOGA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AKHANDA YOGA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

TERMINATION AND ACCESS RESTRICTION

Akhanda Yoga reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

PRIVACY POLICY

Akhanda Yoga respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

APPLICABLE LAW

To the maximum extent permitted by law, this agreement is governed by the laws of Canada and the Province of Ontario, and you hereby consent to the exclusive jurisdiction and venue of courts, arbitration and/or mediation services in Ottawa in all disputes arising out of or relating to the use of the Sites. You agree that all claims or disputes will be adjudicated by arbitration before it may be dealt with by a court. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in Ottawa, Ontario before one arbitrator with no less than 10 years of active litigation practice. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the Arbitration Act and any related regulations and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms Of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Akhanda Yoga as a result of this agreement or use of the Sites. Akhanda Yoga’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Akhanda Yoga’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Akhanda Yoga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Akhanda Yoga with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Akhanda Yoga with respect to the Sites. You may only vary this agreement with the express and written consent of Akhanda Yoga. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Akhanda Yoga and its affiliates, successors or assigns.