Terms of Services

TERMS OF SERVICES

Last Updated: March 2021

1. About

  1. Hi – welcome to Jaime’s community!
  2. The Website is an information, video and streaming platform purpose-built by Jaime Hepburn to facilitate her teaching and development of community, centred around yoga. Amongst other things, the Website allows Members to buy monthly subscription access to YWJ’s online teaching library.
  3. These Terms govern your use of the Website, including any content, functionality, and services offered on, through or related to the Website. The Website and these services are provided and operated by YWJ. Please read these Terms carefully. By registering through, and/or using, the Website, you hereby accept to be bound by and abide by these Terms.  If you do not want to agree to these Terms, you must not access or use the Website.
  4. Any information given on the Website is not legally binding on YWJ, is informative only and does not form part of these Terms.
  5. By accepting these Terms, you represent that you are sixteen years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
  6. YWJ reserves the right to make changes to these Terms at any time and at YWJ’s sole discretion. All changes are effective immediately from the time YWJ posts them, and apply to all access to and use of the Website thereafter. You may determine when these Terms were last updated by referring to the “Last Modified” legend on the first page of these Terms.  By continuing to use the Website, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  7. YWJ reserves the right at any time and without notice to:
    1. modify, suspend, terminate or restrict access to the Website or any portion thereof;
    2. restrict, limit, suspend or terminate your access to the Website or any portion thereof;
    3. investigate any suspected or alleged misuse or unlawful use of the Website and cooperate with law enforcement agencies in such investigation; and
    4. disclose information about your use of the Website in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order.

2. Definitions

The following definitions shall apply in these legal terms (the “Terms”):

Content: all content and other materials contained on the Website, including, without limitation, the YWJ logo and any designs, text, graphics pictures and videos, information, data, software, and other files (and including the selection and arrangement thereof).

Intellectual Property Rights: copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade-dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Library: the members-only, on-demand online yoga class library created by YWJ and available through the Website.

Member: a User who has an active subscription to the Library.

Membership: the membership of a Member to the Library.

Privacy Policy: the privacy policy available at https://theyogalibrary.co/privacypolicy.

Users: any visitor to and user of the Website.

Website: the website at: https://theyogalibrary.co.

YWJ: Yoga With Jaime Ltd, a private limited company incorporated and registered in England and Wales with company number 10729844 whose registered office address is at Dye House, Dye House Road, Thursley, Godalming, England GU8 6QL.

3. Account registration, communications and personal data

  1. In order to communicate with YWJ, engage in a transaction, or using any other service on the Website, you may need or desire to submit personal information. For example, to become a Member you must register and create a membership account on the Website. Such registration will require you to provide a valid email address, a username, and a password. When providing any personal information, you agree to (a) provide accurate, current and complete account information, (b) maintain and, if necessary, promptly update such account information, (c) maintain the security of your account information, (d) be responsible for the acts or omissions of any third party that has authority to access or use your account information, and (e) immediately notify YWJ if you discover or otherwise suspect any security breaches related to the Website or your membership account. Such notifications or any changes to your registration information may be made by email to the contact address provided in these Terms. If you provide any information that is untrue, inaccurate, not current or complete, we may suspend or terminate your account or refuse to any all current or future use by you of the Website and the services provided thereunder.
  2. By becoming a Member and using the Website you consent to receiving communications from YWJ electronically, including emails and messages posted to your membership account, where appropriate, all as more fully detailed in the Privacy Policy.  You acknowledge and agree that all communications that YWJ sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from YWJ, please email the contact address provided in these Terms, notifying YWJ of the withdrawal of your consent.
  3. You agree that all personal information you provide as a User, a Member or otherwise, is governed by the Privacy Policy, and you proceed on the basis that you are aware of how and why YWJ process your personal data, as is set out in the Privacy Policy.

4. Payment, billing information and pricing

  1. If you wish to become a Member you will need to provide details of a payment card (or other accepted payment method) to the relevant third payment party payment provider approved by YWJ. Your payment card (or other accepted payment method) information is stored by such third party payment provider.
  2. By providing details of a payment card (or other accepted payment method), you represent and warrant that you are authorised to use such payment method and that you authorise YWJ or the relevant payment provider to charge your payment method for the total amount of your subscription, or other purchase, at any relevant interval and including all applicable taxes and other charges.  If the payment method cannot be verified, is invalid or is otherwise not acceptable, any related order or purchase  made by you may be suspended or cancelled until such problem is resolved with YWJ or the relevant payment provider.
  3. You acknowledge that taxes and other charges may be additional to the prices shown on the Website, and therefore that the amount billed may vary due to such applicable taxes or other charges.  You authorise YWJ or the relevant payment provider to charge your payment method for any such taxes and other charges.  YWJ reserves the right to adjust prices as it determines necessary in its sole discretion, at any time and without notice, provided, however, that if any price changes or charges are in respect of any recurring transaction, notice of such changes will be made to you prior to your next recurring payment falling due.
  4. You further acknowledge that any third party payment provider may impose additional terms and restrictions on any transaction.

5. Account deactivation

  1. Should you wish to amend or cancel your Membership, then you may do so in your account section on the Website
  2. Any Membership cancellation will be effective either:
    1. immediately (in respect of Membership during a free trial period); or
    2. at the end of your current Membership payment cycle (in respect of Membership during a paid subscription period),and you will no longer have access to your account or the benefits of Membership after such a relevant point in time and no further Membership charges will be made to your relevant payment method.

6. Intellectual property rights

  1. YWJ, or its licensees, successors or assigns, own:
    1. the Website 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); and
    2. any other Intellectual Property Rights in or arising out of or in connection with the Website and the services provided thereunder, and such ownership is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content, except as follows:
    1. you may store files that are automatically cached by your web browser for display enhancement purposes; and
    2. you may print or 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.
  3. 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 these Terms, your right to use the Website will end immediately and you must, at YWJ’s option, return or destroy any copies of the materials you have made.
  4. You shall not use YWJ’s or the Website’s name, logo or any related names, logos, products and service names, designs and slogans without the prior written permission of YWJ or as permitted in these Terms.  Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Licence

Subject to all the terms, conditions, limitations and restrictions contained in these Terms, YWJ grants to you a conditional, revocable, non-transferable, non-sublicensable, non-assignable non-exclusive and limited licence to access and make personal, non-commercial use of the Website and any services and Content provided thereunder or therein, subject to any requirements for Membership to access such services and Content.  Such licence may be revoked and terminated by YWJ at any time and for any reason, including, without limitation, if you violate these Terms or any applicable law.

8. Site linking and social media features

  1. You may link to the Website, provided you do so in a way that is fair and legal and does not damage YWJ’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on YWJ’s part, unless otherwise agreed by YWJ in writing.  You agree to cooperate with YWJ in causing any unauthorised framing or linking immediately to stop. YWJ reserves the right to withdraw linking permission without notice.
  2. 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, without limitation, banner advertisements and sponsored links. YWJ has no control over the contents of those sites or resources, and accepts 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Disclaimer of warranties and limitations of liability

  1. By using the Website, you acknowledge and agree as follows:
    1. the Website and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, YWJ disclaims any and all warranties, express or implied, with respect to the Website and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. YWJ does not warrant or guarantee the accuracy, usefulness, completeness or reliability of the Website, or the results of your use of thereof. YWJ disclaims 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. YWJ also does not warrant or guarantee that the Website and all of its services and features will be available at any particular time or location; that the Website and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that the Website and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, YWJ will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of the Website and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
    2. YWJ does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since YWJ may need to carry out maintenance of the Website from time to time. However, YWJ will use its reasonable endeavours to carry out any such maintenance of the Website outside of popular practice hours and will endeavour to give reasonable notice, however this may not always be possible;
    3. in no event shall YWJ be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) the Website or any of its services or features; and
    4. in no event shall YWJ’s total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) the Website or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
  2. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) the Website or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).
  3. An element of the services provided through the Website includes access to and/or participation in recorded or live yoga (and related) teaching classes.  By accessing and participating in such yoga (and related) teaching classes, you represent and warrant that you are sufficiently healthy to participate in and/or following the instruction provided by such classes.  You further waive and discharge YWJ from any and all manner of actions, causes of action, claims and other demands, arising out of your participation in and/or following of instruction provided by any the classes.  The Website is not intended to be a vehicle for, or to replace, professional medical advice or treatment.  None of the yoga teaching classes, and yoga poses performed pursuant thereto, should cause you any pain, and if you experience any pain you should stop immediately and consider seeking professional medical advice or treatment.

10. User indemnification

By using the Website, you agree to indemnify and hold harmless YWJ and its employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:

  1. your use of the Website or any of its services or features; and
  2. your violation of these Terms or any applicable law.

11. Governing law and dispute resolution

  1. You and YWJ agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and YWJ concerning the Website or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
  2. Except where prohibited by applicable law, any claim or cause of action by you concerning the Website or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

12. Waiver and Severability

  1. No waiver of any term or condition set out in these Terms 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms 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 will continue in full force and effect.

13. General

  1. The Terms constitute the sole and entire agreement between you and YWJ regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  2. The Contracts (Rights of Third Parties) Act 1999 is excluded to the fullest extent permitted by law.

14. Contact

  1. Any notices, demands or consents given by you under these Terms must be by email and will be deemed to be given when delivered to YWJ at the following email address: hello@jaimehepburn.com.
  2. If you have any questions, comments, complaints or concerns about the Website, please contact: hello@jaimehepburn.com.