Terms and conditions
These Terms of Service are a legal agreement between you and Tara Neilson trading as With The Flow regarding your use of services available at www.withtheflowyoga.com. 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.
Tara Neilson trading as With The Flow may be referred to as “With The Flow”, “Us” or “We”. These Terms of Service may be referred to as “Terms”. “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party. “Course Materials” means the information provided by With The Flow Membership as part of the Services in hard copy or electronic form. “Fees” means the fees paid by you to With The Flow. “Intellectual Property Rights” means copyright, rights in or relating to databases, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world. “Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely. “Services” means the provision of the Online Course and the Course Materials together with such other services as agreed from time to time and purchased by you through the Website. “Website” means withtheflowyoga.com. “you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the terms described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Purchasing With The Flow Membership via the Website
3.1. In order to purchase any of the Services on-line, you must register for an account with us via the Website.
3.2. When you place an order for With The Flow Membership via the Website, you are offering to purchase the Service on these terms and conditions. With The Flow reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Service, via the Website, we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have : (a) accepted your offer to purchase the With The Flow Membership Service from us by sending you an email confirming the purchase (b) received membership payment.
3.5. If joining With The Flow Membership with the 14 day free trial, you will be required to give your credit card details or PayPal details. Your account will be charged to the With The Flow Membership on Day 15 of the trial if you do not cancel beforehand.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Service being purchased by you and formed a legally binding agreement with you, then you are permitted to cancel your purchase of the Service.
4.2. If you have purchased With The Flow Membership, and have already accessed, downloaded all or part of the Service and/or started to use that Service, then you shall have no right to receive a refund of your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of the Service.
4.4. To cancel your membership, click here.
5.1. The Fees for the Service shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Service, the Fees are inclusive of VAT and other local taxes.
5.3. The monthly fee for the Service selected by you on the Website shall be debited from your credit / debit card or Paypal account at the time of purchase. To cancel the membership you have to give 3 days notice before your next renewal. For example if you joined the monthly plan on March 10th 2021, your auto-renewal date will be April 10th 2021. So you must cancel by April 7th, in order to not be charged again on April 10th.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of the Service are for your own account and With The Flow shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your access onto any Online Course or service such as With The Flow Membership.
6.1 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.
6.2. No part of the provision of the Service shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of health advice.
6.3 We do not hold ourselves out to be dietitians, nutritionists or medical professionals. Please consult your doctor before starting any diet or exercise program.
6.4 By using our site, you understand and agree that neither With The Flow nor any persons associated with it have any liability for (i) any injury or loss you may suffer in connection with any content we may post.(ii) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (iii) any loss or corruption of data, (iv) any loss of profit, revenue or goodwill, or (v) any indirect, special or consequential loss arising from any breach of the terms of this Agreement
6.5. Subject to clause 6.6 below, With The Flow’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
6.6. Nothing in this Agreement shall exclude or limit Tara Neilson trading as With The Flow’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Hong Kong law may not be limited or excluded.
6.7. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, remain, the intellectual property of Tara Neilson trading as With The Flow whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission; (ii) record on video or audio tape, relay by videophone or other means the Service given (iii) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Service. Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Service, including but not limited to access of the With The Flow membership.
7.3 The membership is for sole use of the person signing up - you must not share log in details with any other person.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Service with immediate effect in the event that you: fail to pay when due your Fees; breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Service provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Physical Exercise
11.1. Physical exercise in all of its forms and with or without the use of equipment such as yoga mats, blocks, straps or any other equipment that may be suggested by With The Flow, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website.
11.2. With The Flow is not a medical organisation and cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, exercises and instruction are not required to be performed by you and are carried out at your election while viewing With The Flow membership videos or live classes. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
11.3. By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from With The Flow membership, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.
11.4. You understand that, from time to time With The Flow membership may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
11.5. You expressly waive and release any claim that you may have at any time for injury of any kind against With The Flow, or any person or entity involved with With The Flow, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
12.1. Please consult your doctor or medical practitioner before doing the breathwork and/or pranayama videos on withtheflowyoga.com to ensure any breathing technique class is suitable for you, especially if you suffer from epilepsy, asthma, obesity, heart problems, psychological conditions such as anxiety and depression, or are pregnant.
12.2 You agree and understand that you are taking part with an ‘online course’ at your own risk, and With The Flow, and anyone associated with us, can not be held accountable for any injury or damage to oneself.
13. Entire Agreement
These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
14. Data Protection
14.1 The nature of the Service provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Service you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of With The Flow.
Types of Cookies
We use the following types of cookies:
Strictly Necessary Cookies: These are cookies that are essential to enable you to use our services, for example moving around our websites and using different features (e.g. cookies that enable you to log into the Services).
Performance Cookies: These are cookies which collect information about how and when you and other visitors interact with our Services (e.g. pages viewed most often) and the information collected by these cookies is used to improve how our Services work.
Functionality Cookies: These are cookies that allow our Services to remember choices you have made (such as your login information) and provide you with content and features which are customized to you. For example, providing you with relevant content by using a cookie to remember which region you are in.
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