Terms and conditions

These Terms and Conditions (“Terms”) are a legal agreement between you and Maitra Health and Wellness (Pty) Ltd (“Maitra”) regarding your use of services provided by Maitra available at www.maitrayoga.com, online services, and face-to-face services. These Terms are incorporated into the Registration Form and any Membership is subject to these Terms as amended from time to time.

Maitra reserves the right to vary and revoke these Terms from time to time. Any such changes will be published on the Website and, until revoked, are binding on Members.

Please read these terms and conditions carefully. BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

Service Description

The Service is a yoga membership site. Users of the Service will have access to numerous online Yoga classes and practices as well as information about upcoming yoga retreats and events. Online and face-to-face classes, therapy, and online courses.

Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

License

Subject to the terms and conditions of these Terms, Maitra grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by Maitra for non-commercial and personal use only.

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Maitra at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Licensed Content

Content on the Service, has been licensed to Maitra in accordance with various licensing agreements between Maitra and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.

The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness, or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Maitra or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Maitra or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

Copyright Infringement

Maitra respects the intellectual property rights of others, and asks you to do the same. It is Maitra’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others.

Ownership; Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of Maitra, as appropriate, is strictly prohibited.

Fees

As of the date of subscription, Maitra reserves the right to implement fees for the Service at any time by providing you notice.

Certain content offered through the Service is available to you for a fee (“Paid Content”). Maitra makes use of an online payment system; the payments are processed using the PayFast gateway. Once payment is received, you will set a username and confidential passcode. Maitra reserves the right to cancel, interrupt, or reschedule any Content, Class, or Online Course.

Billing for Membership subscription. Memberships, which provide you with access to paid content on the website are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not necessarily include access to Online Courses or live classes. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Maitra will not reimburse the Member for the remainder of that paid period. Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.

Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Maitra later increases the price of the subscription, Maitra will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

Free Trial for Membership Subscription. Maitra will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Maitra reserves the right to terminate any account that is using or trying to use more than one Free Trial. It is very important to understand that you may not receive a notice from Maitra that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight on the last day of your Free Trial period.

No Sharing of Membership Subscriptions. Members of Maitra may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Maitra as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Maitra reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

Term and Termination

This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your use of the Service at any time by terminating your membership via the online portal or by filling out a cancellation form. Termination of your account is your sole right and remedy with respect to any dispute with Maitra regarding the Service or these Terms. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.

Maitra reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if Maitra believes that you have breached any of the terms of this Agreement, furnished Maitra with false or misleading information, or interfered with use of the Service by others.

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

Access; Modifications to the Service

Maitra does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

Maitra reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Maitra will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Privacy

Maitra collects registration and other information about you through the Service. Our collection and use of this information is described in the Maitra Privacy Policy, which can be found on the website at https://maitrayoga.com/privacypolicy

Feedback

If you provide feedback to Maitra regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Maitra to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Maitra a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Maitra website. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Maitra is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAITRA, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS 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, TITLE, AND NON-INFRINGEMENT. MAITRA DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAITRA, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

Limitation of Liability

NEITHER MAITRA NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. 

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF MAITRA, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You will defend, indemnify and hold Maitra, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

Entire Agreement

These Terms are the entire agreement between you and Maitra regarding your use of the Service.

Contacting Maitra

For questions, comments, complaints, or claims related to the Service, please contact info@maitrayoga.com

Last Updated:May 2022