Terms and Conditions

Welcome to Lotus Yoga and Wellbeing

Welcome to the website of Lotus Yoga and Wellbeing (ABN 53544159947) ("we," "us," or the "Company"). This website is located on the web via the www.lotusyoga.com.au and includes all of the files located in that domain ("this site"). These Terms set forth the terms and conditions under which you may use our website and services as offered by us.

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Agreement to these Website Terms of Use

By accessing this site, you approve that you have read, understood and 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 Company and govern your use of this site.

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Prohibited Conduct

Your use of this site is subject to the rules set out in Schedule A at the end of this policy.

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Returns Policy

As part of these Website Terms of Use, your use of this site is also subject to our Returns Policy (located at www.lotusyoga.com.au/refundpolicy), which are incorporated by reference into these Website Terms of Use.

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Restrictions on Use

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 Company that you are over the age of 18 years. Should the Company 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 their parents or guardians.

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Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

• You breach any provision of these Website Terms of Use;

• The Company is unable to verify or authenticate any information that you provide to us; or

• The Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers, or any other person.

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Indemnity

You indemnify and hold harmless the Company 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):

• Any material or information that you submit, post, transmit, or otherwise make available through this site;

• Your use of, or connection to, this site; or

• Your negligence or misconduct, breach of these Website Terms of Use, or violation of any law or the rights of any person.

 

Orders

Order Constitutes Offer

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process pursuant to these Website Terms of Use.

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We will not commence processing any order made through this site unless and until:

• Payment for the order has been received by us in full, or as otherwise agreed by the Company; and

• The order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• At any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and

• At any time:

  • Refuse to provide products or services to you; and/or

  • Remove or edit any content on this site.

 

Acceptance of Orders

Acceptance of each order will take place if and when the Company ships the requested items to you, at the time at which the items are despatched by the Company. Title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.

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Prices

The Company reserves the right to change our prices for products or services displayed on this site at any time before you place an order, and to correct pricing errors that may inadvertently occur.

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Shipping and Insurance Costs

Shipping costs will depend upon the type of shipping and the items purchased, and are shown separately during checkout.

Upon request by the customer, the Company may agree to arrange shipping and/or insurance in respect to the goods. It is agreed that all shipping and/or insurance arranged by the Company on behalf of the customer shall be in the Company’s capacity as agent for the customer. It will be the sole responsibility of the customer to deal with any freight damages, shortages, or delays. All shipping and insurance costs shall be payable by the customer and are subject to the same payment requirements as the goods.

 

GST

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).

 

Payment Methods

Payment for orders placed through this site may be made:

• By credit card processed online using a secure Third Party payment gateway (“Third Party Payment Gateway”);

 

Third Party Payment Gateways

We may use Third Party Payment Gateways for secure online payment transactions. Payments made through a Third Party Payment Gateway are subject to that Third Party Payment Gateway’s own terms and conditions and privacy policies, links to which are provided from the Third Party Payment Gateway.

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Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to any Third Party Payment Gateway, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address, and billing address).

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Credit and Debit Card Payments

It is not necessary to have a Third Party Payment Gateway account in order to make a purchase on this site. The Third Party Payment Gateway will also accept all major credit and debit cards. Please note that in some cases, we may be unable to accept credit cards issued by banks outside of Australia.

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Refunds

Except as expressly provided otherwise in these Terms and Conditions and the Refund Policy, all amounts paid through this site are non-refundable.

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Security

While our secure payment gateways and our 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 unauthorized manner by any person other than the Company.

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Intellectual Property

In these Terms and Conditions, the term "Proprietary Content" means:

• This site;

• All of its content and materials (including all of the logos, text, graphics, photos, service marks, designs, software, data, sound and video files, and other information contained in this site, and the selection and arrangement thereof); and

• All software, systems, and other information owned or used by the Company in connection with the products or services offered through this site (whether hosted on the same server as this site or otherwise).

 

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not sell, licence, rent, modify, distribute, copy, reproduce, transmit, republish, or prepare derivative works from any of the Proprietary Content, except as expressly authorized by these Terms and Conditions or with the prior written consent of the Company or other copyright owner (as applicable).

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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.

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Trademarks

The Company’s logo and name is a trademark of the Company. These trademarks may not be used, copied, or imitated, in whole or in part, without the prior written consent of the Company.

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Disclaimer of Warranties

To the maximum extent permitted by law, the company 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 products or services purchased or obtained through this site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose, or non-infringement.

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This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company 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:

• The use of this site will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data;

• This site will meet your requirements or expectations;

• ·Anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete, or up-to-date;

• The quality of any products, services, information, or other material purchased or obtained through this site will meet any particular requirements or expectations;

• Errors or defects will be corrected; or

• This site or the servers that make it available are free of viruses or other harmful components.

 

Limitation of Liability

To the maximum extent permitted by law, the Company 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 Terms and Conditions or the use of this site by you or any other person.

Release.

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You agree that your use of this site is at your own discretion and risk. You agree to release the Company 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 Terms and Conditions or the use of this site by you or any other person. The Company may plead this release as a bar and complete defense to any claims or proceedings.

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Force Majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, the Company excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

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General

In these Terms and Conditions, the following rules of interpretation apply:

• Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of any provision in these Terms and Conditions;

• These Terms and Conditions may not be construed adversely against the Company solely because the Company prepared them;

• The singular includes the plural and vice-versa;

• A reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body, or any other entity; and

• The meaning of general words is not limited by specific examples introduced by "including," "for example," "in particular," or similar expressions.

 

Costs

Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting, and other costs associated with these Terms and Conditions.

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Assignment

You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms and Conditions without the Company’s prior written consent.

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The Company may assign, transfer, or sub-contract any of its rights or obligations under these Terms and Conditions at any time without notice to you.

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No Waiver

Waiver of any power or right under these Terms and Conditions 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 Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

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Severability

The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions 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.

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Variation

The Company reserves the right to amend these Terms and Conditions 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 products offered through this site.

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Governing Law and Jurisdiction

These Terms and Conditions will be governed in all respects by the laws of Western Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, and the courts of appeal from them.

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Schedule A – Prohibited Conduct

You must not:

• Use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site.

• Engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure.

• Use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network.

• Use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes.

• Use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site.

• Use this site by any automated means.

• Use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email.

• Access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews.

• Interfere with the display of any advertisements appearing on or in connection with this site.

• Reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site.

• Reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use.

• Falsely imply that any other website is associated with this site.

• Do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site.

• Use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site.

• Release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent.

• Use this site to transmit any information or material that is, or may reasonably be considered to be:

  • Abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way.

  • Libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised.

  • Infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right.

  • In breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship.

  • In breach of any person’s privacy or publicity rights.

  • A misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement).

  • In violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so.

  • Containing any political campaigning material, advertisements or solicitations.

  • Likely to bring the Company or any of its staff into disrepute.