Welcome to the website of The Yogi & The Corgi Pty Ltd (ACN 663 193 066) (“us”, “we”, “our” or “The Yogi & The Corgi”), a Dog-friendly yoga and wellness service.
Our Site is located on the web via the domain https://www.yogicorgi.com.au/ and includes all of the files located in that domain (the “Site").
| 1.1 | By accessing this Site, and/or using our Services, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and The Yogi & The Corgi and govern your use of this Site. |
| 1.2 | Your use of this Site is subject to these Website Terms of Use. The Website Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Website Terms of Use, our Privacy Policy, and any other policy displayed on the Site, all of which constitute a part of the Website Terms of Use. If you do not agree to the Website Terms of Use, you must not use the Site. |
| 1.3 | Any time you visit the Site or use any of the features on the Site, you are taken to accept these Website Terms of Use. |
| 1.4 | We may amend or modify the Site, the Services, the Website Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Website Terms of Use as modified. |
| 1.5 | If you are under 18 years of age, you cannot place orders through this Site. By using this site, you represent and warrant to The Yogi & The Corgi that you are over the age of 18 years. Should The Yogi & The Corgi suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians. |
| 2.1 | The following definitions apply in this Terms of Use unless the context requires otherwise: |
Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).
Dog or Dogs means the Dog or Dogs that attend a class or workshop conducted by The Yogi & The Corgi.
Fees means all fees payable by you to The Yogi & The Corgi as displayed on our Site and in Schedule 2 hereto.
Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:
Payment Gateway means any online payment platform including Square, or any other gateway we may elect to use from time to time.
Privacy Policy means our privacy policy available here.
Representative means The Yogi & The Corgi directors, officers, contractors, employees, consultants, partners, advisors or other Affiliates.
Services means the classes, sessions, workshops and any other service provided by The Yogi & The Corgi from time to time, as displayed on our Site and in Schedule 2 hereto.
Site means the websites located at https://www.yogicorgi.com.au/.
Square means Squareup Pte Ltd, the online third-party Payment Gateway used for The Yogi & The Corgi’s billing purposes.
User means any person visiting or using the Site or Services whatsoever, regardless of whether registered or unregistered.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
Waiver means a document whereby the User agrees to forfeit a claim involving personal loss or injury to themselves or their Dog, without The Yogi & The Corgi being liable, as provided to the User by us from time to time, an example of which can be found in Schedule 3 hereto, and which The Yogi & The Corgi may in its absolute discretion amend as The Yogi & The Corgi deems appropriate.
We, we, us, or our means The Yogi & The Corgi Pty Ltd (ACN 663 193 066) and its related entities or body corporates.
You, you, or your mean any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any User.
Interpretation| 2.2 | In these Website Terms of Use, the following rules of interpretation apply unless the context requires otherwise: |
| 3.1 | Your use of this Site is subject to the rules set out in Schedule 1 below. |
| 3.2 | Without limiting any other remedies available to The Yogi & The Corgi at law or in equity, The Yogi & The Corgi reserves the right to, without notice: |
| 3.3 | You indemnify and hold harmless The Yogi & The Corgi and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal Fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly): |
| 4.1 | The Yogi & The Corgi reserves the right to make any parts of this Site accessible only to users who have registered. |
| 4.2 | From time to time, upon registration with this site, you may be required to provide a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Yogi & The Corgi will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that The Yogi & The Corgi will be entitled to assume that any person using this Site with your username and password is you or your authorised representative. |
| 4.3 | You must notify The Yogi & The Corgi immediately of any known or suspected unauthorised use of any password or any other breach of security. |
| 4.4 | In order to register an account with this site, you must agree to these Website Terms of Use and where we require from time to time, you must provide The Yogi & The Corgi with: |
| 4.5 | You must promptly update this information to maintain its accuracy at all times. |
| 4.6 | You represent and warrant to The Yogi & The Corgi that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights. |
| 4.7 | One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted. |
| 4.8 | The Yogi & The Corgi reserves the right to accept or reject any application for registration of an account with this Site at its absolute discretion. |
| 5.1 | The Fees are set out in Schedule 2 of these Website Terms of Use and the Site and are inclusive of GST. |
| 5.2 | In circumstances where the Fees differ between Schedule 2 of this Website Terms of Use and the Site, the Fees as set out on the Site shall prevail and which fees can be amended by The Yogi & The Corgi from time to time. |
| 5.3 | You acknowledge and agree that where the Services are provided in-person, the Fees shall be paid prior to the commencement of the session and shall be made via the Payment Gateway as set out in clause 5.5. |
| 5.4 | The Yogi & The Corgi may from time to time, in its absolute discretion, require you to book and pay for classes online via the Site or another third-party Site. |
| 5.5 | The Yogi & The Corgi conducts its payments and secure in-person payment transactions through the Payment Gateway Square, and may elect to use any other Payment Gateway from time to time in its absolute discretion. Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Website Terms of Use. For more information about the current Payment Gateway, see the Square website (https://squareup.com/au/en). |
| 5.6 | Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing address). |
| 5.7 | The Yogi & The Corgi does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise The Yogi & The Corgi, through the Payment Gateway to charge your payment method for the total amount of your order. |
| 5.8 | Only Visa and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Yogi & The Corgi may, at any time, charge an additional merchant service Fee of two percent (2%) on any transaction. |
| 5.9 | Except as expressly provided otherwise in these Website Terms of Use and further at the sole discretion of The Yogi & The Corgi, all amounts paid in relation to our Services are non-refundable. Further information on the steps that The Yogi & The Corgi will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below. |
| 5.10 | While our Payment Gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than The Yogi & The Corgi. |
| 5.11 | The Yogi & The Corgi may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as The Yogi & The Corgi considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you. |
| 6.1 | By participating in the Services provided by The Yogi & The Corgi, you acknowledge and agree that: |
| 6.2 | You acknowledge and agree that any information offered on our Site or otherwise to you by us is intended for informational and educational purposes only. You are responsible for determining whether the Services offered on this Site are right for you. You agree that you must evaluate, and bear all risks associated with, the use of any content on our Site, including any reliance on the accuracy, completeness, or usefulness of such content. |
| 7.1 | The Yogi & The Corgi is not a pet-minding service, and our Services are not a substitute for you being responsible for the supervision of your Dog at all times. |
| 7.2 | By participating in our Services, you acknowledge and agree that you are solely responsible for any loss, damage or harm caused or contributed by your Dog. It is essential that your Dog is in good health physical condition prior to participating in any of the Services. |
| 7.3 | The Yogi & The Corgi reserves the right to compel you to remove your Dog from the vicinity where sessions are being conducted at any time. |
| 7.4 | You agree to bring all necessary equipment to maintain the safety and wellbeing of your Dog, and further indemnify The Yogi & The Corgi for any liability of harm or Loss related to your Dog when participating in our sessions. |
| 7.5 | By agreeing to participate in the Services, you agree to be bound by these Website Terms of Use and the Waiver and Release Form at Schedule 3 hereto. |
| 8.1 | By placing an order through this Site, you make an irrevocable offer to us to purchase the Services that you have selected pursuant to these Website Terms of Use. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Services to you – however, The Yogi & The Corgi will endeavour to supply your selected Services to you. |
| 8.2 | We will not commence processing any order made through this Site unless and until: |
| 8.3 | We reserve the right at our discretion to: |
| 8.4 | Acceptance of each order will take place if and when The Yogi & The Corgi either: |
| 9.1 | Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). |
| 10.1 | In these Website Terms of Use, the term "Proprietary Content" means: |
| 10.2 | All Proprietary Content is the property of The Yogi & The Corgi or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of The Yogi & The Corgi or other copyright owner (as applicable). |
| 10.3 | You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. |
| 10.4 | The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of The Yogi & The Corgi. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of The Yogi & The Corgi. |
| 10.5 | In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback. |
| 10.6 | This Site contains some features that enable you and other users to upload User Content. The Yogi & The Corgi reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you: |
| 10.7 | If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action. |
| 11.1 | You acknowledge and agree that the information contained on our Site and other associated The Yogi & The Corgi social media channels, including but not limited to, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram or TikTok is for general information and educational purposes only (“Social Media”). While we endeavour to keep the information up to date, The Yogi & The Corgi make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related The Yogi & The Corgi Social Media channels. |
| 11.2 | You agree that The Yogi & The Corgi nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and other related The Yogi & The Corgi Social Media channels. |
| 12.1 | You consent to allow The Yogi & The Corgi to include any photographs or video content taken by The Yogi & The Corgi or any third-party photographer for use in our marketing material on the Site and across any social media platforms of The Yogi & The Corgi, unless you provide us express written notice revoking such consent. |
| 13.1 | TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE YOGI & THE CORGI AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS Site AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. |
| 13.2 | This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, The Yogi & The Corgi and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that: |
| 14.1 | To the maximum extent permitted by law, The Yogi & The Corgi and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person. |
| 14.2 | To the maximum extent permitted by law, The Yogi & The Corgi and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at The Yogi & The Corgi's sole discretion): |
| 14.3 | You agree that your use of this Site is at your own discretion and risk. You agree to release The Yogi & The Corgi and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person. The Yogi & The Corgi may plead this release as a bar and complete defence to any claims or proceedings. |
| 14.4 | To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, The Yogi & The Corgi excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of The Yogi & The Corgi, and The Yogi & The Corgi shall be entitled to a reasonable extension of time for the performance of such obligations. |
| 15.1 | In these Website Terms of Use, the following rules of interpretation apply: |
| 15.2 | The Yogi & The Corgi may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel. |
| 15.3 | You agree that you are responsible for ensuring that content provided to you by The Yogi & The Corgi via email is not collected in your own junk or spam filters and The Yogi & The Corgi shall not be held liable or accountable for any loss of communication if this is the case. |
| 15.4 | You have the option to discontinue receiving communication and/or emails from The Yogi & The Corgi by unsubscribing from our email communications at any time. |
| 15.5 | Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use. |
| 15.6 | You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without The Yogi & The Corgi's prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person. |
| 15.7 | The Yogi & The Corgi may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you. |
| 15.8 | Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by The Yogi & The Corgi to act with respect to a breach by you or others does not waive The Yogi & The Corgi's right to act with respect to that breach or any subsequent or similar breaches. |
| 15.9 | The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced. |
| 15.10 | The Yogi & The Corgi reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this site. |
| 15.11 | These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them. |
| SERVICE | DESCRIPTION | FEES | TERMS |
|---|---|---|---|
| Regular outdoor yoga with Dogs | Scheduled outdoor yoga session as timetabled on our Social Media for 1 adult with or without 1 Dog. | $15 for 45 minutes | Non-refundable |
| Private outdoor yoga with Dog/s in person | Private outdoor yoga session for up to 2 people. Location TBA. | $80 per hour | Non-refundable |
| Private yoga in studio | Examples of classes offered:
|
$125 per hour | Non-refundable |
| Small group sessions with dog/s in person | Private outdoor yoga session for up to 5 people. Location TBA. | $150 per hour | Non-refundable |
| Workshops in person | In person group workshops | $250 per hour | Non-refundable |
| Online/virtual sessions | Private online/virtual yoga session. | $60 per hour | Non-refundable |
| Corporate Sessions | Corporate yoga session. Location TBA. | $250 per hour | Non-refundable |
| Retreats | As referred to at yogicorgi.com.au/retreats/ | as referred to at retreats | Non-refundable |