Terms & Conditions

Below you will find our terms and conditions for all the material and/or services that is shared with and provided for you (the student) from this website. If you have any questions please don’t hesitate to email us.

Terms of Use and Purchase

These Terms and Conditions apply to any interaction you have with Yoga Motive (Pty) Ltd via electronic means. This may be by accessing and using our website www.yogamotive.co.za or such other sites as may be provided by us (collectively referred to as the “Site”) or by accessing and using our information, goods, and services (“Services”) using a mobile, laptop or other device or any online application (“Application”) and references to the “Site” in these terms and conditions will refer to any application, where information, goods or services are offered through an Application.

Please read these terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms of Use and Purchase, please do not register, subscribe or use the Site or purchase any goods or services from us.

Yoga Motive (Pty) Ltd (Co. Reg. No. 2016/448300/07) is referred to as “Yoga Motive”, “we” or “us”.

Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.

These terms

Yoga Motive provides information, materials, and services for registered users and casual users alike through its Site. Written, video and audio resources may be available, and the Site may also allow users to book retreats and training, publications, and access other general information.

Access to certain services will require registration with the Site or Application and certain areas may be restricted to registered users.

These terms will apply to customers who have booked, purchased or paid for goods or services using the Site, to registered users and to those who simply view the Site (“you”).

By using the Services, you agree to be bound by these Terms of Use and Purchase. Please note that separate terms may apply to certain courses, retreats and other Services which are provided by any means other than via our Site.

Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current Terms of Use and Purchase in full at the time you use the Services.

Registration

You can access many of our Services without registering or subscribing but if you wish to view certain content or access certain services, you may be required to register with the Site.

In addition there are certain areas of our Site and certain Services which may only be available to registered members and other areas and Services which may be subject to subscription or payment.

When you register for one of our electronic Services we will ask for certain personal information. Any personal information you provide to us will be handled in accordance with our Privacy and Data Protection Policy.

If you register to use our Services you may be required to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting support@yogamotive.co.za immediately.

We reserve the right to cancel any registration at any time and for any reason.

Events, Classes, Training and Retreats

You will be able to make bookings for classes, events, training, and retreats (“Events”) using electronic Services.

Your booking is an offer to book an Event and we reserve the right to refuse any request for a booking for any reason at any time and to refund the fees paid.

You must pay your deposit in full at the time you book an Event. Your order will not be complete until we have received payment.

You may pay your deposit by credit or debit card or bank transfer.

We will confirm your order by email and we will send your booking confirmation by email.

You are not entitled to transfer a booking without our consent.

The cancellation policy for the event may be specified when booking but in the absence of any such policy the following will apply

If you cancel more than 20 days prior to the start of the Event then you may be entitled to a full refund;

You will not be entitled to a refund if you cancel 20 days or less prior to the Event.

You may incur a cancellation charge if you cancel 20 days or less prior to the Event.

If the Event is organised by us and we cancel the event (which we reserve the right to do) then we will either:

  • provide a booking for an alternative event or date; or
  • if you are unable to attend the re-scheduled meeting or event (if any) or there is no re-scheduled event or meeting then we will provide a refund of the fees paid.

Purchase of Goods and Online Courses

We offer various goods and digital content for purchase on the Site. These terms will apply to any such purchase; we do not have separate terms of purchase.

Your order is an offer to purchase from us. There will be no contract of any kind between you and us unless and until we actually take payment from you. At any point up until then, we may decline to supply the goods or digital content to you without giving any reason. If we take payment and subsequently fail to dispatch the goods or make the digital content available to you for any reason we will refund you in full.

The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch or make available the item concerned.

All prices are expressed inclusive of any VAT payable unless otherwise stated.

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.

Online Courses

The course material will be made available in accordance with the course description and, subject to our right to alter or delete any material, will be accessible for the duration of the course. It will not be accessible (save for a limited period at our discretion) after the course is complete.

We will use reasonable endeavors to resolve any technical issues which prevent or restrict access to the material during the course. Access may occasionally be restricted or interrupted to allow for repairs, maintenance, or the introduction of new facilities or services. If a fault occurs you should report it to support@yogamotive.co.za and we will attempt to correct the fault as soon as we reasonably can.

We do not accept responsibility for individual technical support. It is your responsibility to ensure that you have the necessary computer skills and equipment to engage with the course, classes, or training. Reasonably up-to-date computers and website browsers are necessary to engage fully with the material on our websites.

We accept no responsibility if you lose or delete downloadable material during or after the course although, at our discretion, we may seek to assist recovery.

We reserve the right to alter and remove the content of any courses at any time as we see necessary.

Delivery of Goods

Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed.

When you place an order we may not be able to provide an exact date at the time you order, if so then we will endeavour to provide you with an approximate delivery time when you place the order and we or our delivery partners will contact you again by phone when we are able to specify a date.

We will endeavor to deliver items within South Africa within 3 – 7 working days but we are not able to guarantee any specific delivery date. We will not be liable if we fail to do so in part or in full due to circumstances beyond our control.

Whilst we will use reasonable endeavors to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.

Your Right to Cancel – Online Course

Please note that you may cancel your contract within 10 days from your date of purchase or prior to the start of the course and receive a full refund. You will not be entitled to a refund thereafter save at our discretion.

If your download is defective please notify us within 30 days of receiving the defective download and we will supply you (at our option) with a replacement download or a refund.

Use and Abuse of the Site

We grant you a limited licence to access and make personal use of the Services, but not to download (other than page caching) the Site, or any portion of it, except with our express written consent.

If you come across any offensive, inaccurate or damaging material on our Services or if you are subject to any form of abuse or harassment we ask that you contact us immediately by emailing support@yogamotive.co.za

Viruses, hacking and other offences

You agree not to upload any files or post or publish any using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.

We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Availability of the Site

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with this Site you should report it to support@yogamotive.co.za and we will attempt to correct the fault as soon as we reasonably can.

Your access to our Services may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.

Our Liability

We will operate the Services with the reasonable skill and care of an online service provider and no further warranties or indemnities are provided.

You should ensure that any decisions or practices made or implemented by you after viewing or interacting with our content or materials are made taking into account other factors (apart from the information we provide) which you are aware of. In particular if you are subject to or suffer from any psychiatric, psychological or medical condition which may be affected by participating in an Event, class, training, online course or any of our other Services then you should take medical advice before engaging with any of our goods, services or content.

We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods, and services or their use or resale by you, except as expressly provided in these conditions.

Our entire liability under or in connection with these terms and conditions shall not exceed the amounts paid by you to us.

Nothing in this clause or any other of these terms of use and purchase will exclude or limit our liability in respect of death or personal injury caused by our negligence

Cancellation and Termination of Services

Cancellation of a contract for the purchase of goods or digital content should be made in accordance with our Cancellation and Returns Policy.

We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.

Intellectual Property

The format and content of our Services are protected by South African and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Services. Material is provided for personal use and may not be copied, shared, resold or licensed to any other party.

Our Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilize parts of the contents of the Site without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of our Site without our express written consent.

International Use

We make no promise that materials on this Site are appropriate or available for use in locations outside South Africa, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside South Africa, you do so at your own initiative and are responsible for compliance with local laws.

You shall comply with all foreign and local laws and regulations which apply to your use of our Site or our simple randomisation service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

General

These conditions are governed by and construed in accordance with the laws of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.

If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We will not be responsible for any breach of these Terms of Use and Purchase caused by circumstances beyond our reasonable control.

We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.

Privacy and Data Protection Policy

General

Yoga Motive (Pty) Ltd (“we”, “us”) take the privacy of your information very seriously. Our Privacy and Data Protection Policy is designed to tell you about our practices regarding the collection, use, and disclosure of personal information about you that may be provided when you access or use any of our websites such as www.yogamotive.co.za

Websites, products and services offered by us via electronic means will collectively be referred to as “Services” in this policy.

By using any Services we offer, you are consenting to the collection, use, and disclosure of information about you in accordance with, and are agreeing to be bound by, this Privacy and Data Protection Policy.

Ways that we collect information

We may collect and process the following personal information or data (information that can be uniquely identified with you) about you:

  1. Certain information required to use our Services;
  2. Information provided to register or subscribe with our Services;
  3. Information provided if you sign up for information, newsletters or other updates;
  4. Information provided in connection with orders you place through the site for paid-for content;
  5. Information provided in connection with booking places for classes, training, and events;
  6. Details of the Services you access;
  7. A record of any correspondence between you and us;
  8. Information we may require from you when you report a problem or complaint.

We only collect such information when you choose to supply it to us. You do not have to supply any personal information to us but you may not be able to complete a transaction without doing so.

Information may also be gathered through the Services also gathered without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.

Use

We may use this information to:

  1. provide or deliver services to you;
  2. deliver and despatch goods or content to you;
  3. assist in the administration your registration;
  4. assist in making general improvements to our materials and services;
  5. carry out and administer any obligations arising from any agreements entered into between you and us;
  6. contact you and notify you about changes, updates and improvements to our site, events, services or bookings or the services we offer (except where you have asked us not to do this);
  7. analyze how our services are used.

Sharing your information

We do not disclose any information you provide to any third parties except:

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime);

in order to enforce any terms and conditions or agreements for our Services that may apply;

we may transfer your personal information to a third party as part of a transfer of some or all of our organisation and assets to any third party or as part of any restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;

to protect the rights, property, or safety of our users and contributors or any other third parties

Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so.

Other websites

Our Services may contain links and references to other third party websites and applications. Please be aware that this Privacy Policy does not apply to those websites.

We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via our Services. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.

In addition, if you came to our Services via a third-party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third-party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.

Notification of changes to our Privacy Policy

We will post details of any changes to our Privacy Policy on our Services to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.

Contact us

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by way of our contact page.

Returns and Cancellations Policy

This policy sets out your right to cancel your contract for the purchase of goods from us, Yoga Motive (Pty) Ltd.

Right to Cancel Contract for Events, Classes & Trainings

A specific cancellation policy for an event may be specified when booking but in the absence of any such policy the following will apply

Please note that deposits are generally non-refundable. However, we always try to be sensitive to the circumstances of the cancellation of our events.

You can cancel anytime up to 4 weeks before the event or retreat starts and we will transfer your deposit to another event. 

You may also be subject to a cancellation charge if you cancel 31 days or less prior to the Event.

If the Event is organised by us and we cancel the event (which we reserve the right to do) then we will either:

  • provide a booking for an alternative event or date; or
  • if you are unable to attend the re-scheduled meeting or event (if any) or there is no re-scheduled event or meeting then we will provide a refund of the fees paid.

Events provided in person are not subject to the cancellation rights in the Consumer Regulations.

Right to Cancel Contract for Downloadable Courses, Online Trainings, Classes, Goods and Services Under The Consumer Regulations

Downloadable Courses

You have a right to cancel your contract for downloadable courses within 10 days from your date of purchase or within 10 days of the start date of an online course whichever is the later.

On cancellation you will receive a full refund.

You do not need to give a reason and you may cancel by using the cancellation form provided.

Goods, Services, Classes & Trainings

You have a right to cancel this contract within 10 days from your date of purchase or within 10 days of the start date of a class, service / training whichever is the later.

On cancellation you will receive a full refund, excluding the non-refundable deposit.

We have explained below how you can exercise your right under the Consumer Regulations to cancel your contract for goods or downloadable content with us.

Exercising Right to Cancel

To exercise the right to cancel, you must inform us, Yoga Motive (Pty) Ltd by email: info@yogamotive.co.za of your decision to cancel this contract by contacting us in writing.

To meet the cancellation deadline it is sufficient for you to notify us that you are exercising your right to cancel before the cancellation period has expired.

Instructor Liability/ Student Waiver

By choosing to attend our online classes, training, and events, you (The student) agree and understand that yoga and fitness classes include physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension. 

Participation in yoga classes includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various yoga postures. Yoga postures, or asanas, are designed to exercise every part of the body―stretching and toning the muscles and joints, the spine and the entire skeletal system. They also work on the internal organs, glands and nerves. Yoga incorporates sustained stretching to strengthen muscles and increase flexibility. Yoga is an individual experience. 

Participation in fitness classes includes, but is not limited to, participation in various strength and cardiovascular exercises which are designed to exercise every part of the body―including the muscles and joints, the spine, and the entire skeletal system.

As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. By choosing to attend our classes, trainings, and events, you acknowledge and understand that in any of the classes provided it is your responsibility to progress at your own pace. If you experience any pain or discomfort, you will listen to my body, adjust the posture, and ask for support from the teacher. You will continue to breathe smoothly. If at any point you feel overexertion or fatigue, you will respect my body’s limitations and will rest before continuing. 

Yoga and fitness classes are not a substitute for medical attention, examination, diagnosis, or treatment. Yoga and exercise is not recommended and are not safe under certain medical conditions. You affirm that you alone are responsible to decide whether to practice yoga or attend fitness classes. You hereby agree to irrevocably release and waive any claims that you have now or hereafter may have against Yoga Motive, its owners, instructors, partners, or employees.

You further acknowledge that you shall not now or at any time in the future bring any legal action against Yoga Motive, its owners, instructors, partners, or employees; and that this waiver is binding on you, your heirs, your spouse, your children, your legal representatives, your successors, and your assigns. You verify that you are physically fit to participate in classes and that you are participating in classes with your doctor’s full approval.

If you are pregnant or become pregnant or are post-natal, you verify that you are participating in classes with my doctor’s full approval.