Terms of Service

This website https://www.dessiyoga.com (the “Website, “Site” or “We”) is owned and operated by Dessislava Mladenova ABN: 11 739 338 849 (DessiYoga), (contactable at dessiyoga@gmail.com or Dessislava Mladenova PO Box 2090 New Farm, Brisbane, QLD, 4005). Throughout the Site, the terms “We”, “Us” and “Our” refer to DessiYoga. DessiYoga offers this Website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting, browsing, or engaging with Our Site, booking or attending in-person or online classes or events, subscribing to receive news and offers, or contacting Us through any means including the 'Contact Us' form, postal address, or other provided methods, you are engaging in Our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using Our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

In order to use Our Website and/or receive Our Services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive Services if doing so is prohibited in your country or under any law or regulation applicable to you.

Website Content Disclaimer

The content on this Website https://www.dessiyoga.com is provided for general information only and is offered on an “as is” basis. It is not intended to amount to any advice on which you should rely.

The information provided on the Website is for general informational purposes only and is not intended as medical, legal, or professional advice. The Website owners, authors, and contributors shall not be held liable for any damages or injuries arising from the use of the information provided.

The practice of yoga and its related techniques may involve physical and mental activities that can have varying effects on individuals. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Site.

Before beginning any yoga practice or exercise program, it is recommended that you consult with a qualified healthcare professional to determine if yoga is appropriate for your specific health condition or physical limitations. Yoga, while generally considered safe and beneficial for many individuals, may not be suitable or safe for certain health conditions, injuries, or medical concerns. It is important to understand that yoga is not designed to diagnose, treat, or cure any medical condition. If you have any pre-existing medical conditions or concerns, it is crucial to seek guidance from a qualified healthcare provider before participating in any yoga activities. Engaging in yoga poses and exercises without proper evaluation and supervision may increase the risk of injury or adverse effects. Yoga poses and exercises should be performed with proper technique and under the guidance of a certified yoga instructor to avoid injury.

By using the Website, you acknowledge and agree to assume full responsibility for your actions and any potential risks associated with practicing yoga. The information presented here is not a substitute for professional advice, and it is your responsibility to make informed decisions based on your unique circumstances.

Always listen to your body, practice mindfully, and make modifications as needed to ensure a safe and enjoyable yoga experience.

Services

DessiYoga provides instruction and coaching services in yoga and its related techniques. We offer both in-person (face-to-face) and remote yoga classes and related events conducted by qualified instructors. Our Services include physical movement, meditation, breath practices, discussions on yoga-related topics, as well as speaking engagements at events, workshops, workplaces, and similar settings.

Operating through the Website https://www.dessiyoga.com, DessiYoga publishes content, including but not limited to blog posts, newsletters, and visual content such as photographs and artwork related to yoga. The Website facilitates the advertisement of currently available in-person (face-to-face) or online yoga classes and events. Visitors can subscribe to newsletters for updates, offers, promotional materials, and information, as well as send inquiries or messages through an inquiry form. Additionally, booking classes can be done via email, phone, or the inquiry form.

Pricing

The pricing details for Our Services are still being finalized and will be updated here. Generally, payment is requested after each class, except for package classes where upfront payment is requested. Specific pricing options and packages will be communicated separately to the client.

Cancellation And Refunds

At DessiYoga, We understand that unexpected situations may arise, leading to the need to cancel your booked class. We kindly request all participants to provide a minimum of 24-hour notice prior to the scheduled class, if possible.

For participants in “The Journey” program, if you need to cancel a class, We will make every effort to offer a make-up class with another group, subject to the agreement of all participants and the availability of another “The Journey” group within 12 months of your initial participation. While We cannot guarantee a spot in a make-up class, rest assured that We are committed to ensuring you don't miss out on any experience. We will strive to do Our best so that your journey in “The Journey” is as complete and fulfilling as possible. Alternatively, you may request a refund for the missed class, provided you have given Us 24-hour notice prior to the scheduled class.

Refunds for unused classes within a package class format will be provided on a pro-rata basis. Similarly, refunds for missed classes in “The Journey” program, if requested, will be pro-rata and require 24-hour cancellation notice prior to the scheduled class.

Refunds for attended individual, group, or package classes will be considered in cases where there is a reasonable belief that the client has been extremely unsatisfied with the delivery of the Service. Further details regarding Our cancellation and refund policies will be communicated to you to ensure transparency and clarity.

When We need to cancel or reschedule a class or an event

On the rare occasion when We need to reschedule a class due to weather or other reasons, providing Us with your phone number while booking a class online through the "Contact Us" form is highly appreciated. This will enable Us to reach you quickly and easily via text, ensuring efficient communication during such circumstances.

Additionally, please be aware that all Our outdoor classes are weather-dependent. In the event of adverse weather conditions that could jeopardize the safety and comfort of Our students and instructors, We may have to cancel the outdoor sessions. Should this occur, We will make every effort to inform you as early as possible through Our communication channels.

Rest assured that in the event of a cancellation, We will diligently work to reschedule the class at a mutually convenient time for all participants. Your practice and well-being are Our top priorities, and We strive to provide you with the best yoga experience possible.

If you have any questions or concerns about Our cancellation and refund policies, please don't hesitate to reach out to Us. Your satisfaction and well-being are of utmost importance to Us.

General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness Of Information

We are not responsible if the information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but We have no obligation to update any information on Our Site. You agree that it is your responsibility to monitor changes to Our Site.

Modifications To The Service And Prices

Prices for Our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We may, without prior notice, change the Services, stop providing the Services or any features of the Services We offer, or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason.

Promotional Emails and Content

You agree to receive promotional messages and materials from Us occasionally, sent by mail, email, or through any other contact method you have provided Us (including your phone number for calls or text messages), as outlined in Our Privacy Policy. If you prefer not to receive such promotional materials or notifications, kindly notify Us via email at dessiyoga@gmail.com or in writing to Dessislava Mladenova, PO Box 2090, New Farm, Brisbane, QLD, 4005

Third-Party Links

Certain content, products and services available via Our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Privacy Policy And Personal Information

Your submission of Personal Information through the Website, in person, or through any other means is governed by Our Privacy Policy. To view Our Privacy Policy, please, visit the link below: https://www.dessiyoga.com/privacy-policy

Ownership Of Intellectual Property, Copyrights And Logos

The Service and all materials therein or transferred thereby, including, without limitation, content, photographs, art, logos, videos, music and trademarks displayed on Our Website, and all Intellectual Property Rights related thereto, are the exclusive property of DessiYoga (Dessislava Mladenova). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof without obtaining prior written consent from DessiYoga.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of Our Service will be uninterrupted, timely, secure or error-free. Furthermore, we do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by Us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, arising by statute, custom, course of dealing, course of performance or any other way, with respect to this Site, its content, and any products or services available or promoted through this Site.

In no case shall DessiYoga, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or inability to use the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

Liability - Yoga Classes Participants

Participants in Our yoga classes are required to sign a Waiver and Release of Liability form before attending their first class. The Waiver and Release of Liability form includes a request for general health information. While We strive to create a safe environment, it is important to acknowledge that accidents and injuries can occur with any physical activity, including yoga. By participating in Our classes, you acknowledge and accept any associated risks. We shall not be held liable for any injuries or accidents sustained during Our yoga sessions or related activities.

You can read the Waiver and Release of Liability form here.

In this link, you can find detailed information regarding Our Privacy Policy, including how We collect, hold, store, process, use and disclose the Personal Information you provide in the Waiver and Release of Liability form.

https://www.dessiyoga.com/privacy-policy

Indemnification

You agree to indemnify, defend and hold harmless DessiYoga and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or in connection with your use of the Website, or any of the Services offered on the Website, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or Us. You may terminate these Terms of Service at any time by notifying Us that you no longer wish to use Our Services, or when you cease using Our Site.

If in Our sole judgment you fail, or We suspect that you have failed to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Our Services (or any part thereof).

Entire Agreement

The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and Us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby We provide you Services shall be governed by and construed in accordance with the laws of Australia.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Website. It is your responsibility to check Our Website periodically for changes. Your continued use of or access to Our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to Us by emailing Us at dessiyoga@gmail.com or in writing to Dessislava Mladenova, PO Box 2090 New Farm, Brisbane, QLD, 4005.

Acknowledgment

BY USING A SERVICE OR PRODUCT PROVIDED BY DESSIYOGA OR ACCESSING OUR CLASSES AND/OR OUR WEBSITE/S, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.