TERMS OF USE
Welcome to Kevala Yoga and Wellness, this website is proudly operated by Kevala Yoga Fitness Inc. Herein, references to "we," "us," and "our" signify Kevala Yoga Fitness Inc. Your interaction with this website, encompassing information, tools, and services, necessitates your agreement to the terms, conditions, policies, and notices presented here.
By exploring our site or making a purchase, you are participating in our "Service" and expressing your commitment to adhere to the subsequent terms and conditions ("Terms of Service," "Terms"). This commitment extends to additional terms, conditions, and policies referenced through hyperlinks, applicable to all users, whether browsers, vendors, customers, merchants, or content contributors.
We encourage a thorough review of these Terms of Service before accessing or using our website. Accessing or utilizing any part of the site implies your consent to abide by these Terms of Service. If there is disagreement with any aspect of the outlined terms and conditions, refrain from accessing the website or using any services. Acceptance is specifically limited to these Terms of Service if construed as an offer.
Furthermore, any new features or tools added to the existing store are governed by the Terms of Service. The latest version of these terms can be examined on this page. We retain the right to update, modify, or replace any part of these Terms of Service by posting updates or changes on our website. Regularly checking this page for updates is your responsibility. Continued use of or access to the website after any changes are posted signifies acceptance of those changes.
Refund Policy for Kevala Yoga Fitness Inc.
Memberships, Packages, Workshops, and Events:
All memberships, packages, workshops, and event purchases, whether made in-studio or online through www.kevalayoga.ca, are non-refundable.
Memberships, packages, and offers are not transferable.
Merchandise:
Merchandise purchased in-studio or online through our website can be returned within 4 days of purchase.
To be eligible for a return, merchandise must be in the same condition as when purchased.
Payment Terms:
All payments will be processed in Canadian dollars.
Kevala Yoga Fitness Inc. is not responsible for any fees, charges, exchange rates, or additional charges imposed by individual financial institutions or Credit Card companies.
Changes to the Refund Policy:
Kevala Yoga Fitness Inc. reserves the right to modify or amend this refund policy at any time. Any changes will be effective immediately upon posting the revised policy on our website.
By making a purchase with Kevala Yoga Fitness Inc., you acknowledge and agree to the terms outlined in this Refund Policy.
Terms and Conditions for Kevala Yoga Fitness Inc./ Kevala Yoga and Wellness Memberships and Packages:
Monthly Debit Authorization:
I hereby authorize Kevala Yoga and Fitness Inc, operating as Kevala Yoga and Wellness, to debit my credit card on a monthly basis for my membership fee, as outlined in the Membership Agreement.
Non-Usage Responsibility:
I understand that failure to regularly utilize the Kevala Yoga and Wellness facility does not relieve me of my monthly membership fees.
Auto-Renewal and Cancellation:
The contract will auto-renew unless canceled by me on or before [insert cancellation deadline]. To cancel, I must submit a written notice at least 15 days before the end of my last committed month.
Cancellation Process:
To cancel a commitment membership, ensure all monthly fees within the commitment period are paid. After this period, submit a written notice at least 15 days before the end of the last committed month for a seamless cancellation process.
Classes and Content:
Kevala Yoga and Wellness reserves the right to modify class schedules, content, facilities, and instructors at its sole discretion, with notice provided to members.
Holiday Schedule:
Members acknowledge that the facility may be closed on national or local holidays at the discretion of Kevala Yoga and Wellness.
Compliance and Termination:
Members agree to comply with this agreement's terms and conditions, as well as those agreed upon during registration on www.Kevalayoga.ca. Kevala Yoga and Wellness reserve the right to suspend or terminate any member not adhering to studio rules and etiquette, with no entitlement to a refund.
Dishonored Payments and Delays:
Dishonored payments and delays will result in a $50 fee.
Late Cancellation Policy:
A strict 4-hour no-show/late cancellation policy applies to all in-studio classes with waitlists. Late cancellations for drop-ins or class cards result in loss of the respective class. Unlimited members will incur a $20 late cancel fee. No-shows after the class starts result in a late cancel fee.
Usage Restrictions:
Memberships and packages are for the sole use of the registered member. No family members may use these memberships or packages.
By purchasing any membership or other class and services, I agree to these terms mentioned above and also acknowledge and accept the conditions outlined above for memberships and packages at Kevala Yoga and Wellness.
PRIVACY
Your utilization of the website is additionally governed by the Privacy Policy of the company. Kindly examine our Privacy Policy, which outlines our data collection practices and regulates the website. Your acceptance of the Privacy Policy is hereby included in these Terms of Use.
Authorized Use and Safeguarding Intellectual Property
You have been granted a non-exclusive, non-transferable license to access and utilize the Website and its downloadable resources in accordance with these Terms of Use.
Your use of the Website must not be for any unlawful or prohibited purposes outlined in these Terms. You agree not to engage in activities that could harm, disable, overload, or impair the Website, or disrupt others' enjoyment of it. Unauthorized attempts to obtain materials or information are strictly prohibited.
All content, trademarks, logos, and other intellectual property displayed on the Website are the property of Kevala Yoga Fitness Inc. and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or republish any content from the Website without our prior written consent.
Availability
The Service may experience occasional temporary unavailability due to maintenance or other reasons. We disclaim any responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, or unauthorized access to, or alteration of, User Content. We are not liable for any issues or technical malfunctions, including, but not limited to, problems with telephone networks, computer online systems, servers, providers, computer equipment, software, email failures, or disruptions caused by traffic congestion on the Internet or at any website, including those within the Service.
No Warranties
The company does not provide any assurances regarding the performance or functionality of this website. Additionally, the company does not make any explicit or implied representations or warranties concerning the information, contents, materials, documents, programs, products, books, or services available on or through this website. To the maximum extent permitted by law, the company renounces all warranties, whether express or implied, including those of merchantability and fitness for a specific purpose.
Information Accuracy and Timeliness
We strive to provide information on this platform that is accurate and valuable. However, we cannot guarantee absolute precision, exhaustiveness, or real-time relevance. It is crucial to recognize that the content serves general informational purposes and should not be the sole basis for decision-making. We highly recommend cross-referencing with more dependable sources for accuracy, completeness, or timeliness before exclusively relying on the material here, and any reliance is at your own risk.
We reserve the right to alter the content of the site without the requirement to provide updates. The information on this website may not be updated, it is your responsibility to monitor any changes to our site, and by using it, you recognize and agree to assume this responsibility. Furthermore, we underscore the significance of seeking personalized professional advice to address any possible mistakes or omissions based on your unique circumstances. Your utilization of this platform indicates your acceptance of personal accountability for the consequences of your actions.
Your Account and Security
By using our services, you commit to the following: (i) providing accurate, current, and complete information about yourself as required by any registration forms on our platform ("Registration Data"); and (ii) consistently updating the Registration Data to ensure its accuracy and completeness. When you submit Registration Data through our services, you are creating a personal account with us (your "User Account"). It's important to note that while we employ measures to protect your personal information, the internet transmission of data is not entirely secure. The responsibility for any information transmitted over the internet lies with you, and we cannot guarantee the absolute security of your personal information. You assume all risk associated with the transmission of personal information. You are fully accountable for (a) all activities carried out through your User Account, (b) any actions performed using your User Account by any individual or automated process, (c) safeguarding the confidentiality and security of your User Account and passwords, and (d) promptly informing us of any unauthorized use of your password or User Account. Kevala Yoga Fitness Inc. is not liable for any losses or damages resulting from unauthorized use of your accounts.
CONTENT FROM THIRD PARTIES
Our Service may offer content, products, and services that originate from third parties.
When you follow links on this site leading to third-party websites not affiliated with us, please be aware that we don't assess or validate the content's accuracy. We provide no warranty and assume no liability for third-party materials or websites, as well as any other materials, products, or services from third parties.
We are not responsible for any damages or harm arising from the purchase or use of goods, services, resources, content, or any transactions involving third-party websites. Before engaging in any transaction, carefully review the policies and practices of the third party to ensure your understanding. Any issues, complaints, claims, or questions about third-party products should be directed to the third party.
LIMITATION OF LIABILITY
By accessing and using the information provided on this website, as well as any resources available for download, you acknowledge and accept that the company is absolved of any responsibility for any liability or loss incurred by you or any associated person or entity. You explicitly agree that the company will not be held accountable for any form of damages, be they direct, indirect, special, incidental, equitable, or consequential, arising from the use of this website.
The information, software, products, and services showcased on or available through the website might include inaccuracies or typographical errors. The data presented here undergoes regular updates and modifications, and the company or its suppliers retain the right to make improvements and adjustments to the website as deemed necessary.
Kevala Yoga Fitness Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be held liable for any injury, loss, claim, or damages, whether direct, indirect, incidental, punitive, special, or consequential in nature. This includes but is not limited to lost profits, revenue, savings, data, or replacement costs, arising from your use of the service or any products obtained through it. This limitation of liability applies to claims related to the service or any product, including errors or omissions in content, and any loss or damage incurred through the use, posting, transmission, or availability of content (or product) via the service, even if advised of the potential for such damages. In jurisdictions where the exclusion or limitation of liability is not permitted for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
Applicable Law; Venue and Jurisdiction
You consent to the application of the laws of the Province of British Columbia, Canada, without considering conflict of laws principles, to govern this Agreement and any potential disputes between you and us. You hereby unconditionally submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any disputes arising under this agreement.
Arbitration
By engaging with our company, its website, and any other contracts, services and products of our company, you are voluntarily waiving any current or prospective claims arising from or connected to the website, the studio, contractual arrangements with us, and all affiliated products and services.
In the event that a claim arises, you expressly agree to resolve it exclusively through binding arbitration to take place in White Rock, British Columbia. You explicitly waive any entitlement to engage in class arbitration, opting instead for individual arbitration to address claims made by you or any associated entity against our studio. It is understood that you assume responsibility for all associated costs related to initiating and administering the arbitration process, as permitted by applicable law.
Control
In the event of a merger, acquisition, or other change of control involving Kevala Yoga Fitness Inc., it is possible that our organization may be acquired or transferred. Should such a transaction occur, you acknowledge and consent to the potential assignment of our rights under this Agreement. Additionally, your personal information may be transferred to the succeeding entity in accordance with our Privacy Policy.
INDEMNIFICATION
By engaging with Kevala Yoga Fitness Inc., you commit to safeguard, defend, and absolve us—as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees—from any claims or demands, including reasonable legal fees, initiated by third parties. This assurance pertains to situations arising from your breach of our Terms of Service or associated documents, or your violation of any laws or the rights of third parties. Your understanding and cooperation in this matter are highly appreciated.
ENTIRE AGREEMENT
The absence of our enforcement or exercise of any right or provision outlined in these Terms of Service does not imply a waiver of that particular right or provision.
These Terms of Service, in conjunction with the Privacy Policy, and any policies or operating rules communicated by us on this site or concerning the Service, constitute the entire agreement and comprehension between you and the Company. This agreement governs your utilization of the Service and prevails over any prior or concurrent agreements, communications, and proposals, whether oral or written, between you and the Company, encompassing any earlier versions of the Terms of Service.
In the event of any uncertainties in interpreting these Terms of Service, they should not be construed against the drafting party. Any printed version of these agreements and notices, whether electronic or in hard copy, is acceptable in judicial or administrative proceedings relating to these agreements to the same extent and subject to the same conditions as other business documents and records initially produced and maintained in printed form.
Modifications to Terms
The Company retains the discretion to alter the Terms governing the Website, exercising this right at its sole discretion. The latest version of the Terms will take precedence over any prior editions. It is advisable for you to periodically check the Terms to remain aware of any updates made by the Company.
Contact Information
For any inquiries related to the Terms of Service, please reach out to us at namaste@kevalayoga.ca.
