This agreement applies as between you, the User of this Website and YogiAnatomy, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

 

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that YogiAnatomy makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of YogiAnatomy proprietary intellectual property;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business located at: 4 Tiffany Drive, Livingston, NJ 07039;

"System": means any online communications infrastructure that YogiAnatomy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by YogiAnatomy and acting in the course of their employment;

"Website": means the website that you are currently using (www.yogianatomy.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means YogiAnatomy.

 

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

 

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

 

4. Intellectual Property

• 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of YogiAnatomy., Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States of America and International intellectual property laws

• 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

 

5. Third Party Intellectual Property

• 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

• 5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

6. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of YogiAnatomy or that of Our affiliates, PTCannabisInfo or School of Complimentary Care. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

7. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.yogianatomy.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@yogianatomy.com

 

8. Use of Communications Facilities

• 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

• 8.1.1 You must not use obscene or vulgar language;

• 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

• 8.1.3 You must not submit Content that is intended to promote or incite violence;

• 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

• 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

• 8.1.6 You must not impersonate other people, particularly employees and representatives of the YogiAnatomy or Our affiliates; and

• 8.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

• 8.2 You acknowledge that YogiAnatomy reserves the right to monitor any and all communications made to Us or using Our System.

• 8.3 You acknowledge that YogiAnatomy may retain copies of any and all communications made to Us or using Our System.

• 8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

 

9. Accounts

• 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

• 9.1.1 all information you submit is accurate and truthful;

• 9.1.2 you have permission to submit Payment Information where permission may be required; and

• 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

• 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

• 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

• 9.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

 

10. Termination and Cancellation of Accounts

• 10.1 Either YogiAnatomy or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

• 10.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

 

11. Services, Pricing and Availability

• 11.1 Whilst every effort has been made to ensure that all general descriptions of Services available from YogiAnatomy correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.

• 11.2 Where appropriate, you may be required to select the required Plan of Services.

• 11.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

• 11.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

• 11.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

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12. Orders and Provision of Services

• 12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between YogiAnatomy and you.

• 12.2 Order confirmations will be sent to you before the Services begin and shall contain the following information:

• 12.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

• 12.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

• 12.2.3 Relevant times and dates for the provision of the Services;

• 12.2.4 User credentials and relevant information for accessing those services.

• 12.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

• 12.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

• 12.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 13, will be affected.

• 12.6 YogiAnatomy shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

• 12.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

• Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

 

13. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from YogiAnatomy. If you need to speak to us about your Order, then please contact by email at info@yogianatomy.com. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

 

14. Privacy

Use of the Website is also governed by Our Privacy Policy (http://www.yogianatomy.com/privacy-policy/) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

 

15. How We Use Your Personal Information (Data Protection)

• 15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

• 15.2 We may use your personal information to:

• 15.2.1 Provide Our Services to you;

• 15.2.2 Process your payment for the Services; and

• 15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

• 15.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies.

• 15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

 

16. Disclaimers

• 16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

• 16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

• 16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

• 16.4 Whilst We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

 

17. Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

18. Availability of the Website

• 18.1 The Website is provided “as is” and on an “as available” basis. 

• YogiAnatomy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

• 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

19. Indemnification

You agree to indemnify and hold YogiAnaotmy harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

20. Limitation of Liability

• 20.1 To the maximum extent permitted by applicable law, in no event shall YogiAnatomy be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

• 20.2 To the maximum extent permitted by applicable law, YogiAnatomy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and YogiAnatomy.

 

24. Communications, Promotional emails and content

• 24.1 All notices / communications shall be given to Us by email to info@yogianatomy.com. 

• 24.2 You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

 

25. Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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