The Yoga Travel Company

Limited Website Terms &

Conditions Of Use.

This page, which is owned and managed by The Yoga Travel Company Limited (“The Yoga Travel Co.”) sets out the terms and conditions of use (“Terms”) that govern your ability to Access and Use The Yoga Travel Co. (“us”, “we”, or “our”) website (“this Site”), and supplement any other terms we may apply from time to time.

References to “you” and “your” apply to any person who Accesses and Uses our website or receives any of our e-mails. This page does not contain our Booking Terms and Conditions or the terms and conditions that govern our relationship with Yoga Providers listed on this Site.

Terms & Conditions

Using this website

Please read
We strongly encourage you to read these Terms carefully before Accessing and Using this Site in any way.

Condition of Access and Use
Your Access to and Use of this Site is available to you strictly on the condition that you accept these Terms unconditionally.

Deemed Acceptance
By Accessing and/or Using this site, or any part of it (including any content, material, products or services available through this Site, including without limitation this Site itself), you represent that you have read, understood, accepted and agreed to be legally bound unconditionally by these Terms.

Changes to Terms
Please check these Terms periodically for changes as from time to time we may update or revise these Terms without notice. Your continued use of the Site following the posting of any changes to the Terms again indicates your acceptance of those changes.

Definitions

Access and Use: means downloading and running the pages of this Site that we make accessible to you, in a web browser, and storing these webpages in the web browser cache, for the purposes of enabling you to browse and use this Site as a customer or potential customer, whether online or offline, and obtaining any information, products or services through this Site.

Trade Marks: means all trademarks, logos and service marks displayed on this Site.

Yoga Experience: means yoga teacher trainings and yoga retreats.

Yoga Providers: means the individual or business that provides Yoga Experiences.

External Sites: means links to, or frame, web sites of third parties.

Legitimate Purpose: means customers or potential customers (i.e. in a non-commercial capacity), who are looking to research, determine the availability of and or/book Yoga Experiences from Yoga Providers, in the name of individual persons.

Accessing and Using this Site

All information, material, booking services and other functions provided on this Site are provided solely to persons whom, as a customer or potential customer (i.e. in a non-commercial capacity), are looking to research, determine the availability of and or/book yoga teacher trainings and retreats (“Yoga Experiences”) from Yoga Providers, in the name of individual persons (“Legitimate Purpose”).

The Yoga Travel Co. grants you a limited, non-transferable, revocable, non-exclusive licence to Access and Use this Site solely for the above Legitimate Purpose.

This Site cannot be Accessed or Used for any other purpose, including without limitation, a commercial use, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

You shall not use any device, software or routine that interferes or attempts to interfere with the normal operation of this Site or take any action that imposes an unreasonable load on this Site and any hardware that supports it. You are prohibited from monitoring and collecting any data, information or other material found on this Site using means that, include, but are not limited to any robot, spider, other automatic device, or, a program, algorithm, or methodology that entails like processes or functionality.

You must not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on this Site.

Any unauthorised use automatically terminates the licence granted by The Yoga Travel Co.

This web site may contain links to, or frame, web sites of third parties (“External Sites“). We are not required to maintain or update the links.

You may link this Sites homepage only, provided you:

  • do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • do not establish a link to this Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists and has not expressly been given.

This Site must not be framed on any other site and you may not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

General Limitation of Liability

We have endeavoured to ensure that all content and material on this Site is accurate, up-to-date, and free from error. However, we do not represent, warrant or guarantee that any content, material and functions on this Site, any External Sites linked to or from this Site, or any material downloaded from each of these, are accurate, adequate, complete and suitable for your intended use.

The content on this Site has not been written to meet your particular individual requirements. On this basis it is your sole responsibility to satisfy yourself prior to booking any Yoga Experience that it is suitable for your purposes. To the fullest extent permissible by law, we disclaim all express or implied warranties and guarantees including those under the Consumer Guarantees Act 1993.

The Yoga Travel Co. is not under any circumstances liable to any person, be it in tort, contract or otherwise, for any direct, incidental, special, consequential, indirect or punitive damage that results from the use of, or the inability to use, any of the content and information expressed within this Site or the content or materials on any site linked to or from this Site.

In the event that you have a right to claim damages or payment from us in relation to your access to, and use of, this Site. Except as otherwise specifically provided in this paragraph, whatever the legal basis for your claim, our aggregate and cumulative liability for direct and proven damages shall be limited to $1000.

Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by The Yoga Travel Co. of the External Sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site.

Booking Process

Eligibility: You must be eighteen (18) years old or over to make a booking or otherwise order from this Site.

Ordering process: This Site is not a legal offer. To make a booking or otherwise order through this Site you must follow and complete the booking procedure set out on the designated pages on this Site. A legally binding contract will not be formed except in accordance with the procedure explained in the Booking Terms and Conditions.

Booking and supply terms: All services and products we supply, and all bookings made, are supplied and made on and subject to our Booking Terms and Conditions. As expressly stated above, these Terms do not set out our booking conditions or other terms of supply. You agree that if a booking or order is made by or for you, that our Booking Terms and Conditions shall apply.

Viruses and Security

We also do not represent, guarantee or warrant that this Site or the server that makes it available, or any External Site and associated servers linked to or from this Site, are free of viruses or other harmful components, nor that this Site will be free from unauthorised access and modification. It is your responsibility to take all necessary steps to guard your property against viruses and harmful components (including installing appropriate protective software) before downloading any of the Sites content.

While we endeavour to keep all information on the Site, including any personal information provided by you or on your behalf, secure and confidential, we do not represent that this Site is completely secure, and as such:

  • we are not responsible for any breach of security caused by third parties.
  • we are not, under any circumstances, liable to any person, be it in tort, contract or otherwise, for any direct, incidental, special, consequential, indirect or punitive damage that results from such a security breach.

When you book or reserve a Yoga Experience on this Site a secured server is used. Special software (SSL) encrypts the payment information you send through this Site. While we have endeavoured to make the payment process secure, we make no representation, guarantee or warranty as to the strength and effectiveness of the encryption technology used and have no responsibility for events arising from unauthorised use of the payment information you provide.

Site Amendment, Suspension, Removals and Interruption

The Yoga Travel Co. may amend, suspend, discontinue or remove any content, material, and functions set out in this Site at any time without notice. Likewise, we do not guarantee this Site, or any content, material or functions within, will always be available and uninterrupted.

We will not be responsible for any consequences arising from the amendment, suspension, discontinuation removal, unavailability or interruption of the Site and any content, material or functions within.

Information Provider and Agent Only

In providing content, material, products or services via this Site, The Yoga Travel Co. provides guidance and access to Yoga Experience packages, and in doing so, acts as a booking agent only. To avoid any doubt, The Yoga Travel Co. does not provide travel and Yoga Experiences.

While the Booking Terms and Conditions cover this in detail, we note that any agreement that you enter into when booking a Yoga Experience via this Site is with the relevant Yoga Provider and is subject to the terms and conditions that they stipulate as applying to your booking.

While we endeavour to only partner with high quality Yoga Providers and comprehensively vet all Yoga Providers before making their Yoga Experiences available through this Site, we do not make or provide any guarantees or warranties in respect of the Yoga Experiences that our Yoga Providers make available on this Site. In addition, we note that all Yoga Experiences are made available via this Site on an “as is” basis.

The Yoga Travel Co. is not, under any circumstances, liable to any person, be it in tort, contract or otherwise, for any direct, incidental, special, consequential, indirect or punitive damage that results from:

  • accessing, using or relying on content of any material or promotion supplied by or derived from Yoga Providers.
  • accessing, using, relying on or trading with any Yoga Providers.

Privacy, Completing Forms and Error Correction

Privacy: Any personal information that you disclose to us will be stored and dealt with in accordance with the provisions of the Privacy Act 1993 and our Privacy Policy, which is also available on this Site, so far as we are in control of the same, except that it may be supplied to Yoga Providers. We provide no warranty as to the policies of Yoga Providers and if you wish to consider the Privacy Policies of any Yoga Provider, you should request such information from them.

Mandatory Information: When completing any enquiry, booking or other forms on this Site, the provision of specified information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.

Accuracy of your information: When you submit any information to this Site you must ensure that it is true, accurate, current, and complete in all respects, and in addition, you warrant and represent that it complies with these criteria. You acknowledge that we will rely on the information that you have provided.

Error Correction: When you are carrying out any enquiry, booking, order, registration or other process on this Site, you may at any time before submitting the relevant form, use the “back” button on your browser to go back and correct or change any information. If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it.

Pricing and Availability

Unless otherwise expressly stated, all prices on this Site are in New Zealand dollars and are inclusive of goods and services tax (GST).

In providing information as to price and availability of Yoga Experiences we are reliant on information supplied to us by Yoga Providers and other third parties. As such, you accept that therefore prices and availability may have changed by the time you come to book your Yoga Experience. Again, while we will use all reasonable endeavours to ensure that pricing and availability information on this Site is accurate and up to date, we do not provide a guarantee or warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability information.

Law and Jurisdiction

New Zealand law governs the use of this site. By using this Site you agree to submit to the exclusive jurisdiction of the New Zealand Courts in respect of the provision of services and Yoga Experiences via this Site.

Intellectual Property and Ownership

All content and materials available on this Site are protected by all applicable copyright, trademark and other intellectual property rights and laws.

The Yoga Travel Co. owns this Site and all copyright and intellectual property contained within it, as well as all trademarks, logos and service marks displayed on this Site (“Trade Marks”).

By granting you the ability to Use and Access this Site, we are not granting you any right or licence to use any Copyright, Intellectual Property or Trade Marks. No content or material on the Site may be reproduced, adapted, linked to, distributed or used in any way, commercial or otherwise, without our prior written consent.

You may download and store (as a local copy on your computer file system, outside the browser cache), or print off, webpages that we make accessible to you on this Site and copies of any other materials or content on this Site, provided that you:

  • do so for a Legitimate Purpose
  • do so for your own private records and future reference
  • keep intact all copyright and other proprietary notices

You may print or download copies of the materials or content on this Site that are designated for this purpose, provided that you do so for a Legitimate Purpose and that you keep intact all copyright and other proprietary notices.