Terms of Use
KRIYA Online Booking Software (owner and provider of the web service known as ‘KRIYA online booking system’ and henceforth known as “Provider”) will provide you access to the Web Services and related website located at www.kriya.com.au or such other Web addresses or uniform resource locators as may be specified by the Provider (collectively, the “Site”), specifically and solely to request and receive Data, Third Party Data, and services under the related KRIYA low-cost booking software Subscription Plan.
Please read carefully the following terms and conditions (this “Agreement”). This Agreement governs your access to and use of the Site, Web Services, Data and Third Party Data, and constitutes a binding legal agreement between you (referred to herein as “You” or “Customer”) and Provider.
Acceptance of Terms
These Terms and Conditions of Use (these ʺTermsʺ) set forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by these Terms. If you do not accept the terms of these Terms, you should leave the Website and discontinue the use of the KRIYA Service immediately.
We may modify these Terms from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to these Terms when you use the Website after any such modification is posted; it is, therefore, important that you review these Terms regularly.
KRIYA Booking System (“KRIYA Software”) owns and provides web services and software that facilitate online Yoga booking, Class schedule, Time table and Management of appointments (collectively, the “Services”).
Registration Requirements
If you wish to become a “Member” for access and use of the Services, you must register on the Website. Considering your use of the Service, you represent that you are of legal age to form a binding contract or have accepted the Terms stated through a parent or guardian and are not a person barred from receiving services under the laws of Australia or other applicable jurisdictions.
If you are an employee, agent or representative of a Yoga company/Studio/Business and you are entering accepting these terms to obtain the services for use by or for the benefit of your Yoga company/studio for the yoga company’s business purposes, you hereby agree that you accept these terms on behalf of the yoga company/studio and that you have the authority to bind the yoga company/studio/business to the terms and conditions set forth herein.
You also agree to (a) provide true, accurate, current and complete information about yourself and your Yoga Company/Studio (if applicable) as prompted by the registration form available on the Website (the ʺRegistration Dataʺ) and (b) maintain and promptly update your Registration Data 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, we reserve the right to suspend or terminate your account(s) and refuse any current or future use of the Website and Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
Minors using our site
Due to the nature of the online platform and the web, we cannot prohibit minors from visiting our Website. If you are a minor, your acceptance of the terms and conditions stated herein must be through a parent or lawful guardian. We have the right to presume that you as a Member have lawfully represented your capacity to enter into these Terms whether directly or through a parent or guardian
Member Accounts, Passwords and Security
If you register on the Website or otherwise become a Member, you will be required to choose one or more passwords and provide your email address, and you may be asked for additional information regarding your account(s). You are responsible for maintaining the confidentiality of the password(s) and account(s) information and are fully responsible for all activities that occur under your password(s) or account(s).
You agree to (a) immediately notify us (by e-mail to support@kriya.com.au of any unauthorized use of your password(s) or account(s) or any other breach of security, and (b) ensure that you log out from your account(s) at the end of each session.
KRIYA is not liable for any loss or damage arising from your failure to comply with this Section.
User Content
You acknowledge, consent and agree that KRIYA may access, use, preserve and disclose your account(s) information, including, but not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively “Content”) you have posted or made available through our Website (together with your Registration Data ʺUser Contentʺ) if required to do so by law or in good faith believe that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of KRIYA, its Members and the public; and/or (f) otherwise provide you with access to and use of the Service.
By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content does not infringe or violate any privacy or other rights of any party. You further agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, the Service or the Website and that you will be solely responsible for all User Content that you submit to the Site, including the consequences of posting or publishing such User Content.
It is strictly prohibited to upload User Content of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms. Without limiting the foregoing, you acknowledge and agree that all User Content is subject to our Privacy Policy.
Security Components
You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by KRIYA System and/or content providers who provide content to KRIYA. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
Non-Commercial Use
KRIYA Booking Software Service may not be used in connection with any commercial purposes, except as specifically approved in writing by KRIYA Booking Software or as provided on the Website. The Website is intended for managing your business information and communicating with your members and/or students.
Unauthorized framing of or linking to any part of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and User Content without notice and may result in the termination of membership privileges.
KRIYA Online Booking Software and Third-Party Content
Our Website contains Content of KRIYA Booking Software (KRIYA Online Softwareʺ), and Content from third-party licensors to KRIYA which is protected by copyright, trademark, patent, trade secret and other laws. In addition, KRIYA has developed processes, concepts, and online tools to manage and grow membership-based businesses. This is also proprietary information owned by KRIYA and is KRIYA. By utilizing this Website and our Services, you acknowledge and agree KRIYA online booking system owns and retains all rights, titles and interests in the KRIYA Content.
KRIYA Booking Software hereby grants to you a limited, revocable, non-transferable, non-sub-licensable license to reproduce and display a single copy of the KRIYA Booking Software Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your use in connection with viewing our Website and using the Service.
Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
Other Sites
Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites.
KRIYA Online Booking Software does not assume any responsibility or liability for the actions, products, and content of any such websites. Before you use any third-party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply KRIYA Online Booking Software endorsement of such third-party website. If you decide to access any such linked websites, you do so at your own risk.
Payment of Fees
The fees and cost for the Service provided on the Website are posted on the KRIYA Online Booking Website. Fees are subject to change without notice.
You agree to pay KRIYA Online Booking Software in advance the applicable fees for the Service provided by KRIYA Online Booking Software under these Terms.
Unless other arrangements are pre-approved by KRIYA Online Booking Software, we will bill your credit/debit card for all fees for the Service, and you hereby authorize KRIYA Online Booking Software to charge your credit/debit card for all such fees. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information.
If such information is false or fraudulent, we reserve the right to terminate the Service and your access to the Website in addition to seeking any other legal remedies.
KRIYA Online Booking Software is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by KRIYA Online Booking Software Each charge will be considered valid unless disputed by you in writing within 30 days after the billing date. No adjustments will be made for disputed charges made more than 30 days after the billing date.
All fees will be paid in Australian dollars (AUD) and are due as set forth on the Website. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only Australian (federal or state) taxes based solely on KRIYA Online Booking Software income.
Failing to Pay Your Membership Fee
If you fail to register, renew or pay your KRIYA subscription fee while continuing to use our services, we will send you 3 email reminders to do so. If we don’t hear back from you, we might decide to collect a penalty charge of 5% of every payment transaction.
Once you update/renew your payment subscription we will remove this penalty charge.
International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
Privacy Policy
KRIYA Online Booking System respects your privacy and permits you to control certain aspects of the treatment of your personal information. Our complete privacy policy is posted on our Website www.kriya.com.au and is incorporated herein by reference.
Term and Termination
These Terms shall remain in full force and effect for so long as it is posted on our Website. You may terminate your membership for the service at any time, for any reason, by contacting KRIYA Online Booking Software by email at: support@kriya.com.au
Cancellations, Credits and Refunds
All cancellation requests must come from the email address and name of the person who signed up for the account. KRIYA Online Booking Software reserves the right to terminate your account(s) or your access to our Website and the Service immediately, with or without notice to you, and without liability to you, if KRIYA Online Booking Software believes that you have breached any of the terms and conditions of these Terms, furnished KRIYA Online Booking Software with false or misleading information, or interfered with use of the Website or the Service by others.
The termination of these Terms or your use of the Service will not relieve either party of representations, warranties or obligations that are intended to survive or to be performed after, the termination or expiration of these Terms or the Service.
Disclaimer of Warranties
You expressly understand and agree that: Your use of the website and the service is at your sole risk. The website and the service are provided on an “ As Is” and “As Available” basis. KRIYA Online Booking Software and its subsidiaries, affiliates, successors, assigns, employees, officers, agents, partners and licensors (collectively the “KRIYA Online Booking”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, concerning the service, the website, and any third party websites with which they are linked.
KRIYA Online Booking Software is not responsible for any health problems that may result from Yoga training programs, exercises, drills (alone or with a partner), products, or events you learn about on the service, or any action or inaction on your part as a result of information you have obtained from the Service. If you engage in any Yoga exercise or Yoga program you receive through the Service, you agree that you do so voluntarily at your own risk, and agree to release and discharge KRIYA Online Booking Software from any claims or causes of action, known or unknown, arising out of your use of the exercise program.
The KRIYA Online Booking Software makes no warranty (1) That the website or the service will meet your requirements; (2) That the website or service will be uninterrupted, timely, secure, error-free or free of any harmful components (including viruses); (3) Regarding any results you may obtain from the use of the website or service; and (4) That the quality of the service or content, information or any other material purchased or obtained by you through the website or service will meet your expectations.
The KRIYA Online Booking Software does not provide any representations or warranties against the possibility of deletion, misdelivery or failure of Yoga Instructor communications or student communications, personalized settings, or other data. Any material downloaded, uploaded or otherwise obtained through the use of our website or the service is accessed at your discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or upload of any such material.
LIMITATION ON LIABILITY
To the fullest extent permitted by applicable laws, in no event will the KRIYA Online Booking Software be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the service, the website or any website with which they are linked, even if any of the KRIYA Online Booking Software has been advised of the possibility of such damages, Notwithstanding anything to the contrary contained herein, the aggregate liability of the KRIYA Online Booking Software to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KRIYA Online Booking Software parties for the services.
Your only remedy for any dispute with KRIYA Online Booking Software is to stop using the services.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
Indemnity
You agree to indemnify, defend, and hold harmless KRIYA Online Booking Software from any third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms and conditions of these Terms, or your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity. KRIYA Online Booking Software will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
You may encounter hypertext links to websites operated by parties other than KRIYA Online Booking Software during your use of the Services and on the KRIYA Online Booking Software website. KRIYA Online Booking Software does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, including any hypertext links to such websites in the Services or on the KRIYA Online Booking Software website does not imply any endorsement by KRIYA Online Booking Software of the material on such website or any association with their operators.
Additional Terms
We may also require you to follow additional rules, guidelines or other conditions (ʺAdditional Termsʺ) to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of these Terms, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website. You are free to download your User Content at any time to provide backup.
Independent Contractors
No joint venture, partnership, employment, or agency relationship exists between you and KRIYA Online Booking Software as a result of these Terms or use of the Website or the Service. Any refund due to your members is solely your (the Yoga studio/business owner’s) responsibility.
Entire Agreement
These Terms, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitute the entire agreement between you and KRIYA Online Booking Software regarding the subject matter hereof and govern your use of the Website and Service, superseding any prior agreements between you and KRIYA Online Booking Software concerning the Website and Service.
Choice of Law and Forum
These Terms and the relationship between you and KRIYA Online Booking shall be governed by the laws of Australia, without regard to its conflict of law provisions. You and the KRIYA Online Booking System agree to submit to the personal and exclusive jurisdiction of the courts located within Australia.
Waiver and Severability of Terms
The failure of KRIYA Online Booking Software to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party’s intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website www.kriya.com.au, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Cancellations, Credits and Refunds
All cancellation requests must come from the email address and name of the person who signed up for the account. Upon the request for cancellation of services, KRIYA Online Booking Software will issue a credit for any unused purchase balance to its members. KRIYA Online Booking Software does not provide cash refunds.
Questions
If you have any questions regarding these Terms, please contact us by email at support@kriya.com.au