Terms of service

Nouveau Yoga (“Nouveau Yoga”) maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please enjoy browsing the Site, but before doing so, we recommend that you read these Terms of Use.

You must be 18 years of age or older or have permission from your parent or guardian to use the Nouveau Yoga Site.

This Site contains many of the trademarks, names, titles, logos, images, designs, copyrights and other valuable proprietary materials owned by or licensed to Nouveau Yoga (the “Trademarks”).

Your access to and use of the Site is subject to the following terms of use (the “Terms of Use”). Nouveau Yoga may revise these Terms of Use at any time by updating this posting. If you use this Site, you agree to be bound by these Terms of Use, including any changes that may be made from time to time. You should visit this page periodically to review the then current Terms of Use to which you are bound. If you do not agree to these Terms of Use, please do not use the Site.

 

TERMS AND CONDITIONS OF USE

You should assume that all materials, plans, text and images (collectively, the “Materials”) contained on this Site are either the copyrighted property of Nouveau Yoga, unless otherwise noted, or the copyrighted property of third parties. Nouveau Yoga neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Nouveau Yoga.

You may download a single hard copy of materials displayed on the Site for non-commercial, personal use only. However, you may not remove or alter any copyright, trademark or other proprietary notices contained in the Materials. You may not modify the material or distribute, publish, transmit, reuse, repost or use the content of the site for public or commercial purposes, including the text, images, audio and video.

Unauthorized use of the Materials is prohibited and constitutes a violation of Nouveau Yoga's and/or third parties' rights, including but not limited to copyright, trademark, privacy and publicity laws.

While Nouveau Yoga uses reasonable efforts to include accurate and up-to-date information on the Site, Nouveau Yoga makes no warranties or representations as to, among other things, the accuracy, correctness or reliability of such information and assumes no liability or responsibility for any omissions or errors (including typographical and technical errors) in the content of the Site.

Information on the site is subject to change without notice. Information about Nouveau Yoga products and services is applicable only in Canada, unless otherwise indicated. Some products and services may not be available in certain areas. Nouveau Yoga makes no representation that materials on the Site are appropriate or available for use in locations other than Canada. Those who choose to access this Site from other locations are responsible for compliance with local laws.

Your use of and browsing in the Site are at your own risk. Neither Nouveau Yoga nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, use of or browsing in the Site, or your downloading of any materials, video, audio, data, text or images from the Site, including any damages to, or viruses that may infect, your computer equipment or other property on account thereof. Without limiting the foregoing, the materials on the Site are provided to you “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions regarding the exclusion of implied warranties or conditions.

In connection with your use of this Site, you agree to indemnify and hold Nouveau Yoga, its affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, losses and expenses arising out of (a) your breach of these Terms of Use and (b) third party rights, including copyright, title and privacy rights.

From time to time, Nouveau Yoga may request that you e-mail the Site with comments regarding its products and/or services. Any communication or material you transmit or post (a) will be considered non-confidential and non-proprietary by Nouveau Yoga, (b) will become the property of, and Nouveau Yoga will thereafter have exclusive ownership of all right, title and interest therein, and (c) will be used without restriction by Nouveau Yoga and its third party suppliers, licensors and affiliates in their sole discretion without any obligation, further compensation or liability to you. They may use such materials for any purpose, including reproduction, communication, transmission, publication, broadcast and posting, in whole or in part, in any media and otherwise on this Site or otherwise. However, Nouveau Yoga is under no obligation to respond to any such communication.

Notwithstanding the foregoing, it is Nouveau Yoga's policy not to accept or consider ideas, suggestions or creative materials from the public (“Submissions”) and, therefore, you should not make a Submission to Nouveau Yoga in any communication through the Site or otherwise. Nevertheless, if you do make a Submission to us, even if we ask you not to, then the Submission shall immediately become the property of Nouveau Yoga and Nouveau Yoga shall thereafter exclusively own all right, title and interest in and to the Submission. Furthermore, Nouveau Yoga shall be free to use the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services. Nouveau Yoga shall not be responsible for any use or disclosure of the Submission or for any similarities between the Submission and its future uses or activities.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark displayed on the Site or any other trademark of any third party. If you misuse any trademark in violation of these Terms of Use, Nouveau Yoga and/or its licensors will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

This Site may contain links to other sites that Nouveau Yoga does not maintain or control. These hyperlinks are provided solely as a convenience to users and are not sponsored or endorsed by Nouveau Yoga, nor are they otherwise connected with this Site or Nouveau Yoga's products and services. Nouveau Yoga has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any link contained in a off-site page. Your linking to any other sites is at your own risk.

While Nouveau Yoga may from time to time permit discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Nouveau Yoga is under no obligation to monitor or review such postings or transmissions and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such information. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Nouveau Yoga will fully cooperate with any law enforcement authorities or court order requesting or directing Nouveau Yoga to disclose the identity of anyone posting any such information or materials.

Les offres présentées sur le site sont nulles là où elles sont interdites et sont assujetties à la publication des modalités d’utilisation qui y ont trait.

Les présentes modalités d’utilisation sont régies par les lois en vigueur au Canada, et sont interprétées conformément à celles-ci. Si une partie des présentes modalités d’utilisation est considérée comme illégale, nulle ou non opposable, alors cette partie est réputée distincte des autres parties et ne touchera en rien la validité et l’opposabilité du reste des dispositions.

Les présentes modalités d’utilisation constituent l’entente intégrale entre vous et Nouveau Yoga relativement au site. Vous reconnaissez que les autres ententes intervenues entre vous et Nouveau Yoga relativement au site sont remplacées par les présentes et n’ont aucun effet.

USER ACCOUNT AND ACCOUNT USE

If your use of the Site requires an account identifying you as a user of the Site (a “User Account”):

a) you are solely responsible for your User Account, for maintaining the confidentiality and security of your User Account and all passwords associated with your User Account, and for the activities of any person who has access to your User Account, with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password associated with your user account or any other breach of security of your user account or services provided through your user account, and you agree to assist us in any way you can to stop or remedy any breach of security related to your account; and
c) you agree to provide true, accurate and current user information as we may request from time to time, and you agree to notify us of any changes to your user information as required to keep the information we hold true, accurate and current.

TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the Site in our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or efficiency of the Site or any equipment or network owned by us or any third party which is interfered with by your use or misuse of the Site or if you have been or are currently in breach of any of the terms hereof. We shall have no liability to any third party, including any third party supplier, for any suspension, limitation or termination of your access to the Site.

PAYMENT

When you make a purchase on the Site, you agree to provide a valid payment instrument. Please pay attention to the transaction details as the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the total amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.

If you pay by bank, debit or credit card, we may obtain a pre-authorization from the card issuer for up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions or if we believe that by doing so we can prevent financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any third party involved (including other users) and may share details of any payment with which you are associated if we believe that doing so would prevent financial loss or a breach of the law.

Payment for any ongoing services will be billed automatically until you notify us that you wish to terminate the services.

SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.

ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or any purpose prohibited by this clause. You agree not to use the Site in any manner that could harm Nouveau Yoga's Site, services or business.

You also agree not to use the Site for any of the following purposes:

a) harass, abuse, threaten or otherwise violate the rights of any person;
b) infringe the intellectual property of Nouveau Yoga or any third party;
c) Upload or transmit computer viruses or any other software that may damage the property of Nouveau Yoga or others;
d) commit fraud;
e) create or participate in any illegal gambling, lottery or pyramid scheme;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred or discrimination against any group; and/or
h) unlawfully collect information about others.

 

DISCLAIMER OF LIABILITY

Our Site exists for communications purposes only. You acknowledge and agree that any information published on our Site is not intended to be legal, medical or financial advice and no fiduciary relationship has been created between you and Nouveau Yoga. You also agree that your purchase of products from the Site is at your own risk. We are not responsible for any advice or other information conveyed on the Site.

REVERSE ENGINEERING AND SECURITY

You may not do any of the following:

a) reverse engineer or disassemble any code or software on or from this Site;
b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or any other security tool, data mining or interference with any host, user or network.

 

DATA LOSS

We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.


INDEMNIFICATION

You agree to defend, indemnify and hold Nouveau Yoga and its affiliates harmless from any claim, suit or demand, including attorneys' fees, alleging or resulting from or related to your use or misuse of the Site, your violation of this Agreement, or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defense.

 

SPAM POLICY

You are strictly prohibited from using the Site or any services offered on the Site for any illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial e-mail.


INDEPENDENCE OF CLAUSES

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.

SERVICE INTERRUPTIONS

It may be necessary for us to interrupt your access to the site in order to carry out unplanned maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime for any reason whatsoever, and that we will not be liable for any damages or losses arising from such downtime.


NO WARRANTY

While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. In no event shall we be liable for any damages whatsoever resulting from any errors on the site.

We accept no responsibility for any damage arising from misuse of the site content. Nor can we guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied.

If you choose to subscribe to any services or features of the Site that require subscription, you agree to provide accurate and current information about yourself as required by the applicable registration or subscription process, and to maintain its accuracy by making necessary updates as soon as practicable. You agree to maintain the confidentiality of any passwords or other account identifiers which you choose or are assigned at the time of registration or subscription on Nouveau Yoga or its partners and to accept responsibility for all activities that occur under such passwords or accounts. You further agree to notify us of any unauthorized use of your password or membership account. We shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.

You agree that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use thereof), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or to any other person as a result of any such suspension, cancellation or termination. If you are dissatisfied with Nouveau Yoga or any of its Services, or with any of these Terms, the rules, policies, guidelines or practices relating to the operation of Nouveau Yoga or any of its Services, your sole and exclusive remedy is to discontinue using the Site or Service in question.

 

LIMITATION OF LIABILITY

We will not be liable for any damages you may suffer as a result of your use of the Site, to the fullest extent permitted by law. Nouveau Yoga's maximum liability arising out of your use of the Site is limited to fifty (50) Canadian dollars or the amount paid to Nouveau Yoga in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, tort or fraud of any kind.


QUESTIONS AND ADDITIONAL INFORMATION

Should you have any questions or require further information, please contact us at assistance@diva-yoga.com.