TERMS & CONDITIONS

The terms set out below are a legal agreement between yourself and Free Spirit Wellness.  Use of this service, in part or in full, confirms your agreement to these terms and conditions. Free Spirit Wellness reserves the right to amend the Terms & Conditions from time to time and such amendments will be published on the website freespiritwellness.co.za as well as be communicated to subscribers.  Continued use of the service implies that you accept the amended Terms and Conditions.

Free Spirit Wellness

Free Spirit Wellness incorporates its owners, directors, staff, teachers and associates and is a provider of in-person and digital yoga classes, wellness events, retreats and corporate packages.

Service

The service is the subscription and use of a digital online library of pre-recorded yoga classes.

Eligibility

The use of this service is available to all persons over the age of 18 and you hereby agree that the information provided by you is true and correct and that you are able and competent to enter into this agreement.

User Account

You are required to register an account containing your personal information, login and password details.  To protect your information and profile, you agree not to disclose your account login and password details to another person.  Should you suspect that your account has been breached or accessed by another person, please notify Sophia@wordpress-697850-2550232.cloudwaysapps.com immediately to deactivate your account.

By creating an account, you will have access to the digital library according to the specific subscription you activate.  By activating the account and entering into this agreement, you agree not to:

  1. Manually, automated or digitally copy, store, modify or distribute any of the material available on this service
  2. Collect any information to compile a database
  3. Link or incorporate this service to any other website or digital platform
  4. Use any part of this service for commercial or advertising purposes
  5. Circumvent any digital security and content protection software to copy, store, modify or distribute any of the material available on this service

Service Content

The content contained on this service is protected by intellectual property laws.  Any and all content is provided serves as information only and is not intended to substitute any medical or professional advice, diagnosis or treatment. Should you have any questions or concerns about the information provided on this service, please consult with your physician or fitness professional to seek professional medical or physical advice and do not disregard such professional advice based on the information on this service.  Neither Free Spirit Wellness or any teacher, employee or associate will be held liable for any loss or damage caused by sole reliance on the advice obtained through this service.

Communication

By agreeing to the Terms & Conditions of the service, you consent to receive email communication from Free Spirit Wellness or any of its affiliates or other members of this service. Should you, at any time, wish to cease email notifications and communications, please contact Sophia@wordpress-697850-2550232.cloudwaysapps.com.

Payment and fees

Fees are payable according to the package you choose to subscribe to on the Free Spirit Wellness digital library and are subject to change, provided prior notice is given to you, the subscriber.

Free Spirit Wellness uses a third party payment service to link your credit card to the digital service.  The processing of payments or credits in connection with your use of the digital service is subject to the terms, conditions and privacy policies of the payment processor as well as your financial institution.  Free Spirit Wellness is not responsible for any errors made by the payment processor.  All transaction details will be used in accordance with the Privacy Policy. Payments are non-refundable and there are no credits for partially used periods.  Your access to the digital content will be terminated immediately upon cancellation of your membership.

Equipment

Free Spirit Wellness is not responsible for providing the necessary hardware, software, internet connections or service subscription or payment necessary to access the digital library.  All agreements for services necessary to access the service will expressly be for your own personal account.  Should there be a disruption in the provision of these services, Free Spirit Wellness shall not be held liable for your inability to access the digital library as a result of these disruptions and subscription fees will not be reimbursed.  Free Spirit Wellness is not a service provider and is not responsible for providing any support to access the digital library.

Modification & Discontinuation

Free Spirit Wellness reserves the right to modify or discontinue the service temporarily or permanently at any time without prior notice.

Feedback and Comments

Should you provide feedback or comments to Free Spirit Wellness in connection with the service, you acknowledge that such feedback is not confidential and may be used by Free Spirit Wellness without restriction and without payment to you.  Such feedback or comments may be indefinitely used without restriction for any purpose Free Spirit Wellness deems fit.

Subscription

By creating a profile and entering into a subscription agreement, you have access to the entire online library at any time during the validity period of your monthly subscription.  We automatically bill your chosen payment method monthly on the calendar day corresponding to the commencement of your membership.  We reserve the right to amend the billing timing at any time with prior notice, or should your payment method not be successfully charged.

Termination

You may terminate your membership at any time by unsubscribing from the digital service without any penalties.  Termination of your account is the sole right and remedy with respect to any dispute with Free Spirit Wellness regarding the service or the terms set out.  Should Free Spirit Wellness suspect that you have violated any of the terms set out herein, we reserve the right to terminate your access at any time and pursue legal remedy if necessary.

Limitation of Liability

Neither Free Spirit Wellness nor its affiliates, teachers, staff, 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 Free Spirit Wellness, its affiliates, teachers, staff, 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 herewith indemnify Free Spirit Wellness, its affiliates, teachers, staff, suppliers and distributors of any costs, damages or expenses, any personal injury, loss or death caused through the use of this service.

Claims

You agree that any cause of action that may arise or is related to the service must commence within 12 months after the cause of action accrues, whereafter it is permanently barred.

Waiver of Severability of Terms

The failure of Free Spirit Wellness to enforce any provision set out in these terms will not constitute a waiver of such right or provision. Any waiver or provision of these terms will be effected only if agreed to, and signed by Free Spirit Wellness. 

Contact

For any questions or comments, please contact Free Spirit Wellness:

freespiritwellness.co.za

Sophia@wordpress-697850-2550232.cloudwaysapps.com

PRIVACY POLICIES

This Privacy Policy is informed by the Protection of Personal Information Act and defines how Free Spirit Wellness uses and discloses your personal information when you subscribe to our digital studio at freespiritwellness.co.za. By subscribing to the service, you give consent for the collection, use and disclosure of personal information in accordance with this policy, which is to be read in conjunction with our Terms and Conditions.

Personal Information 

Personal Information is information that specifically identifies an individual end user of the subscription service, such as name, address, telephone number and email address.  It also includes information about the individual’s preferences, his/her activity on the subscription service as well as demographic information such as gender and geographic area.

Our subscription service is only available to persons over the age of 18 years who consent to giving us the information requested.  Should we unknowingly have collected information from children younger than 18 years and made aware of it, we will delete such information immediately.  We encourage parents to be vigilant and protect younger children from accessing or giving information on the internet.

We use your personal information for the following:

  • to provide your personal access to our digital platform.
  • To maintain, enhance and solve any difficulties accessing the digital platform.
  • To prevent unauthorised or fraudulent access to the service and take the necessary legal action should a violation occur.
  • To enhance your experience by tailoring content and advertisement by communicating information that you may find of interest.
  • To maintain a record of your interaction with the Free Spirit Wellness digital library as well as other administrative functions such as membership and payment cycles.

Collection of information

  1. Voluntarily provided information

Personal information is voluntarily provided by the subscriber and includes:

  • Newsletters: when you provide your email address, Free Spirit Wellness may from time to time use this email address to send newsletters about the digital service.  You may, at any time, opt out of receiving such newsletters, but we will continue to communicate administrative emails to your email address.
  • User Accounts / Profiles: Our digital subscription requires you to create a personal profile / user account to allow you to download content you subscribe to. The information provided here includes your personal details and preferences as well as your user name and password.  You agree to allow Free Spirit Wellness to access and store the credentials you provide to use and disclose according to this policy.  Should you at any time cancel your subscription or close your account, Free Spirit Wellness will endeavour to delete your personal information as soon as is practically possible and will retain information deemed legally necessary.
  • Correspondence: When you contact us by email or through our website freespiritwellness.co.za, we collect the personal information contained therein and use this information to respond to your correspondence. 
  • Promotions: Free Spirit Wellness or any of our business partners or sponsors, may from time to time launch promotions or events which you can choose to participate in.  Personal information provided for such promotions may be collected and stored by the third party, business partner or sponsor in accordance with their privacy policy.
  1. Passive information

Information is passively collected from the subscriber.

  • Passive information is collected using technology for example server logs, cookies and web beacons and we use this information to administer, operate and improve our digital offering.
  • We automatically retain certain information such as your browser’s Internet Protocol (IP) address, your browser type, the nature of the device you are using, and the identifier of handheld devices as well as your interaction with our digital communication (email).
  • Should your personal information by any means be consolidated with passive information, we will treat the collective information according to the protection of personal information legislation.  When passive information cannot be personally identified, we use this information in aggregate form.

Disclosure of personal information 

We will not disclose your personal information to a third party without your prior consent, unless in the following circumstances:

  • We may disclose personal information to the service providers that we contract in order to fulfil our digital offering to you.  This includes, but is not limited to, payment processors, data storage and processing providers, who are required by Free Spirit Wellness to maintain and protect the confidentiality of personal information.
  • We may disclose personal information should it be legally required to protect our property or legal rights, or the rights of others as well as the security of our digital platform.
  • Personal information will be transferred to any entity legally entitled to such information during a merger, acquisition, sale or restructuring of the Free Spirit Wellness digital library as part of the business’ assets.
  • Should we host an event or workshop that is sponsored by a third party, personal information relevant to the event will be shared to enhance your experience.  Free Spirit Wellness will, however, not sell personal information to a third party.

Social media or other links

Should a link be included in any of our correspondence or through our digital platform, you agree that by clicking this link to another website or social media site, the information you provide there will not be governed by this privacy policy and that Free Spirit Wellness is in no way responsible for the information you disclose.  We encourage you to review the applicable policies associated with each website or social media site where you provide personal information.

Location of data storage and transfer

Our service providers, internet subscriptions and data storage facilities are located in South Africa.  Should you subscribe to our service from outside our borders, please be aware of the fact that your information is stored in South Africa and that the applicable South African legislation applies to the storage of such information.  We also transfer data and information to other regions, based on the subscriber’s location and this information may be governed by the local authorities in that region.

Security

Your security, the security of your information and the integrity of our digital platform is of utmost importance to us.  We use reasonable security measures to protect personal information from loss, destruction, disclosure or misuse, but no security measure is guaranteed to be completely fail proof.  To that end, we cannot warrant the ultimate security of your information and you provide the information entirely at your own risk.

Protect your profile and password to ensure that only you have access to your profile and to our digital platform and never disclose this to a third party.  Should your login access be compromised in any way, please notify us immediately by emailing Sophia@wordpress-697850-2550232.cloudwaysapps.com.

We reserve the right to update this policy from time to time and will communicate any update with you through the information provided by you.  If you have any questions or concerns, please contact us on:

freespiritwellness.co.za

Sophia@wordpress-697850-2550232.cloudwaysapps.com

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