Last Updated Oct 19, 2020
These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “member”, “student”) and Kavi Love Inc. (doing business as “we”, “us”, or “our”, “Kavi Love”) concerning your access to and use of the www.kavi.love website as well as any other media form and channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms & Conditions, in offering the “service”. If any part of this agreement becomes invalid or discontinued you agree that the remaining parts will continue to be valid.
All users who are minors (under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms & Conditions before you use the Site.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is up to you to continually check for updates and your continued use of this Site deems you complying with the updates.
MEMBERSHIP TERMS AND CONDITIONS
These terms and conditions outline information about becoming a Kavi Love Member. Please read this information carefully before you join and if you have any questions, please contact us.
1. Health Disclaimer
Kavi Love offers yoga practice, with or without the use of props such as blocks, straps, chairs, bolsters, or any other equipment that may be suggested by a Kavi Love teacher or Site, meditation practices, and other lifestyle tips. The content of our streaming videos on the Site, including, but not limited to, any and all suggestions, opinions, recommendations, workouts, practices, routines and tips and lifestyle suggestions, is intended solely for instructional purposes.
Please seek the advice of your doctor or treating practitioner before beginning any physical exercise regimen, routine, program, or using any suggested equipment shown in any of the video clips on the Service. None of the content in the Site and streaming is to replace professional medical advice, diagnosis, treatment, or therapy. Kavi Love, directors, staff, and instructors cannot give you medical advice or diagnosis. All instructions, tips, routines, use of equipment is to be carried out by you based on what is right for you. We cannot be there physically with you or see what is happening with you physically, mentally, or emotionally. Particular caution should be used if you have a pre-existing medical condition, are pregnant or trying to become pregnant, or other health concerns and changes. Select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You are responsible for adjusting suggestions given by the teacher, based on your level of ability and physical, mental, and emotional conditions.
2. Waiver of Liability
Any exercise program may result in bodily injury, disability, and in rare circumstances, death. By viewing a video or engaging in physical activity via the streaming videos or on the Site, you fully and irrevocably assume any and all risks of personal injury to yourself and (if applicable) your family members, and further release and discharge Kavi Love for injury, loss or damage arising out of your or your family’s use of the Service, whether caused by the fault of any kind resulting from performing any exercise on the Site or taking any action, or failing to take any action, in connection with the content embodied on the Site.
You expressly waive and release any claim that you may have at any time for injury of any kind against Kavi Love, or any person or entity involved with Kavi Love, including without limitation its directors, instructors, independent contractors, employees, agents, affiliates, and representatives. You agree to defend, indemnify and hold harmless Kavi Love, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
3. Registration & Account Information
You agree to provide accurate, current, and complete information about yourself in the registration data collected by Kavi Love, and you will maintain and update your information to be accurate, current, and complete. You will be asked for your email address, you will need to create a password, and other information will be asked. Ensure that you log out from your account at the end of each session (for security reasons).
Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorisation from Kavi Love. Kavi Love will not be liable for any loss or damage arising from your failure to comply with this Agreement.
Kavi Love reserves the right to refuse service, suspend or terminate your account if the information provided by you is inaccurate, not current, and incomplete. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify Kavi Love immediately of any unauthorized use of your Account or password, or any other breach of security. Should you attempt to assist others in making such attempts, or distribute passwords, instructions, software, or tools for that purpose, your Account will be terminated.
The service and content are provided on the Site “AS IS” for your information and personal use only. The service/content may not be downloaded, copied, reproduced, displayed, uploaded, posted, translated, sold, licensed, distributed, transmitted, or otherwise exploited for any other purposes whatsoever without the prior written consent. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
You are responsible for undertaking precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment and to restrict access to your computer to avoid disclosure of such items. You agree that Kavi Love will not be liable to you or to any third party for termination of your access to the Site.
You may access the Website and Content for your information and personal use and for Streaming (taking live yoga classes, watching recorded classes, courses, workshops, and trainings). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream the quality of Kavi Love’s Content will depend on several factors: the type of device you are using, internet connection and speed, and other factors. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Kavi Love Content you will receive.
4. Membership Fees and One-Time Fees for Online Courses, Workshops, and Trainings
Kavi Love offers monthly membership subscriptions to live and recorded classes. We also offer one-time purchases of workshops, courses, and trainings. We reserve the right to cancel, interrupt, or reschedule any classes, workshops, trainings, and courses, We grant you a non-exclusive, non-transferable, limited right and license, so long as the classes, workshops, trainings, and courses are available to access, view, use, and display for non-commercial, private use.
Members of Kavi Love may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Kavi Love as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Kavi Love reserves the right to cancel any membership it believes has been compromised or is being used fraudulently. We will notify you of the termination of your account and use measures to block or restrict your access for the use of the Services. If Kavi Love terminates your account, you will not be eligible for any refunds or credits or any other reimbursement.
After the free trial (or other promotion), you will be billed monthly for the subscription you subscribe to. This fee will give you access to live and recorded classes. It will not give you access to workshops, courses, trainings, and other events. Your subscription will continue in effect on a recurring basis unless and until you cancel your subscription. If your membership is cancelled or terminated before the end of the applicable billing cycle, Kavi Love will not reimburse you for the remainder of that paid month. You may cancel your membership at any time. Membership must be cancelled before the renewal date to avoid additional membership charges.
Kavi Love reserves the right to increase the price of the subscription and you will be notified via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
5. Live Classes
Live classes are recorded. Although we ensure your name and the video does not appear in the recording, we cannot guarantee this will not be included. To protect your privacy, we ask that you turn your camera off, and/or use only your first name as identification of your meeting participation. Those who do not have a membership and appear on the live sessions will be removed.
7. Changes to or Discontinuation of Content
We regularly make changes to the Service. Content may be updated, removed, and replaced, and titles and other information may be changed. Platforms and compatible devices that stream the content may change. We may change some or all of the Service and Content at any time without notice (although we aim not to bring a big disruption).
8. Additional Terms
Additional requirements, guidelines, conditions may be required for certain promotions and activities. These additional terms are part of this Agreement.
WEBSITE TERMS & CONDITIONS
These are our terms and conditions for the use of website (www.kavi.love) and it’s entire contents. Please read carefully before using the website.
By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws (due to the global nature of the Internet). You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada, or the country in which you reside.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
2. Use License
a) Permission is granted to temporarily download one copy of the materials on Kavi Love’s Website for personal, non-commercial transitory viewing only. Materials include names, logos, trademarks, images, text, graphics, videos, photographs, illustrations, artwork, software, and other elements (individually and collectively, “Material”, “Content”) are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Chrysalis Yoga and Kavi Love or by third parties that have licensed or otherwise provided their material to Kavi Love. This is the grant of a license, not a transfer of title, and under this license, you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, not endorse any product or service, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Kavi Love’s Website;
- Remove the copyright or proprietary notations from the site; or
- Transfer the materials to another person or mirror the materials on any other server
b) Hyperlinking – the site linking to this Website must not contain distasteful or offensive material including, but not limited to, material intended for an adult audience, including pornography; and must not contain any information, content, or material that would interfere with the operation of this Website and Kavi Love nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable statutes.
c) This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kavi Love at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Prohibited Use
You shall not use this Website in any way that will interfere with its operation. The following need to be adhered to:
a) You will not upload, post, transmit or make any content that:
Libels, defames, invades privacy, is obscene, pornographic, abusive, or threatening, promotes violence, contains hate speech (speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, sexual orientation, or gender identity), infringes intellectual property laws or violates any other applicable statutes.
Discloses any sensitive information about another person, including that person’s email address, phone number, or any similar information.
b) You will not “stalk,” threaten, or otherwise harass another person;
c) You will not spam or use the Websites to engage in any commercial activities;
d) You will not access or use the Websites to collect any market research for a competing business;
e) You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
The materials on Kavi Love’s Website are provided “as is”. Kavi Love makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kavi Love does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Kavi Love or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Kavi Love’s Internet site, even if Kavi Love or a Kavi Love authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Kavi Love’s Website could include technical, typographical, or photographic errors. Kavi Love does not warrant that any of the materials on its Website are accurate, complete, or current. Kavi Love may make changes to the materials contained on its Website at any time without notice. Kavi Love does not, however, make any commitment to update the materials.
Kavi Love has not reviewed all of the sites linked to its Internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kavi Love of the site. The use of any such linked Website is at the user’s risk.
8. Social Networking
Users may have the option to Twitter, Facebook, or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
(i) your server address;
(ii) your top-level domain name;
(iii) the date and time of access to the Website;
(iv) the pages accessed and documents downloaded;
(v) the previous web site visited; and
(vi) the type of browser software in use.
(b) We use this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
(c) You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
11. Sign-In Name, Email, Password
During the registration and purchase of classes/memberships and online programs, we will ask you to create an account. This includes a sign-in name, email address, password, and other additional information. You must provide true, accurate, current, and complete information. One Registered User can only use each sign-in name, and password. Sharing your access information with others is a breach of this Agreement. You are solely responsible for protecting the security and confidentiality of the password; this includes the use, misuse, or other communications entered through the sites using one or more of them. You’ll inform us if there’s a need to deactivate your Sign-In Name, or Password, or change any Unique Identifier. We reserve the right to delete or change your ID, Sign-In Name, and Password, at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
(a) release and forever discharge us and our directors, employees, or contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses, and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our directors, employees, or contractors arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any communication which you upload to the Website);
(b) covenant in favour of us and our directors, employees, and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand, or proceeding in any court or tribunal in respect of any matter which is the subject of a release; and
(c) irrevocably indemnify us and our directors, employees, and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
(i) the use or misuse of the Website by you or your officers, employees, agents or contractors, or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
(ii) any breach of any of these terms and conditions by you.
12. Governing Law
Any claim relating to Kavi Love’s Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.