Terms & Conditions
Last updated: 01 Jan 2024
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.
PARTICIPATION AGREEMENT
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not continue to use Evolv's website, classes or products and offers unless you are satisfied you understand it. By choosing to use Evolv's website, classes, products and offers you understand and agree to the following:
Risk Warning, Acceptance of Risks, Release and Indemnity
1. The Services include information and instructions relating to nutrition, exercise, fitness, mind health, yoga and meditation, and some of the products and services available through the Services relate to such topics.
2. Before participating in any nutrition, yoga or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Services, we strongly recommend that you consult with a medical practitioner or other healthcare provider. Evolv, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
3. Evolv and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
4. Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.
5. You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by Evolv and/or in any Services. Evolv and the Services should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, Pilates or other exercise or fitness program or making changes to your diet in order to determine whether the Services are appropriate for you.
6. We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any diet, exercise, yoga or fitness program, or when using any diet or fitness products or services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
7. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
8. To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of Evolv and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Evolv and the Associated Entities, or otherwise.
9. To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Evolv and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Evolv and the Associated Entities, or otherwise.
10. To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Evolv and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Evolv and the Associated Entities, or otherwise.
11. I agree that the liability of Evolv in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (WA)) for any:
a. death;
b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
c. contraction, aggravation or acceleration of a disease; or
d. coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: i. that is or may be harmful or disadvantageous to the individual or community; or
ii. that may result in harm or disadvantage to the individual or community, that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.
12. By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (WA); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.
Definitions
For the purposes of these terms and conditions the following definitions apply:
1. Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
2. App means the evolv. app owned and operated by Us allowing access to the Website from remote devices, e.g. mobile phones and tablets;
3. The Evolv Community means the Evolv Community where registered members are able to communicate together be it on the App or other third party platforms;
4. License means the license granted by us to you governing your use of the Website, App and the Services in accordance with these terms and conditions;
5. One gender includes any other gender;
6. Our, ourselves, us, we, refers to Evolv and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
7. Party refers to a party to these Terms and Conditions and it includes that party's successors, administrators and assignors and where a party consists of more than one person, then these Terms and Conditions bind them jointly and each of them severally;
8. Program means the Evolv program offered to you via the Website/App;
9. Subscription means the subscription with Evolv entitling you to use of the Website/App, the Program and/or the Evolv Community;
10. Terms and Conditions means these Terms and Conditions as amended from time to time;
11. Website means collectively the website evolvyoga.com.au, products and/or services offered or provided by Evolv including the Evolv App;
12. You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.
License
1. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable License to personally access and use, for non-commercial purposes, the Website/App and the services offered on the Website/App (“Services”).
2. This License shall continue until terminated in accordance with this Agreement.
Website/App
1. These Terms and Conditions govern your right to use the Website/App and your access to and use of the Program, the Evolv Community and/or any products or services acquired in relation to the Program and/or any links provided on the Website/App to other websites.
2. In downloading any content from the Website/App to your personal device, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website/App is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website/App, the Program and/or the Evolv Community.
3. You agree that if you download any content from the Website/App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Evolv Community, or distribute or modify or otherwise deal with any content in the Website/Apps in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
4. You agree that in downloading any service or product from the Website/App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website/App and/or make it available over a network where it could be used by multiple devices at the same time.
5. You agree that your use of the Website/App will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Western Australia, Australia.
6. You agree that in using the Website/App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
7. You agree that we may, and reserve the right to, remove any comments made by you about the Website/App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Evolv.
8. The content on the Website/App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Medical Information and Treatment
1. I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
2. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
3. I agree that in the event that I become ill or injured in the course of my attendance at or participation in a Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Evolv or Associated Entities think desirable.
Personal Information and Publicity
1. I agree that Evolv and Associated Entities may collect, store and use my Personal Information in accordance with the Evolv’s privacy policy.
Safety and Insurance
1. I acknowledge and agree that any safety precautions undertaken by Evolv and Associated Entities are a service to me and not a guarantee of my safety.
2. I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.
Pricing
1. I acknowledge that Evolv may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.
Online Membership
1. Members of the Online Studio may not share, give or sell their login details or password to any other person or entity.
2. Evolv’s online content is not directed to persons under eighteen (18) years of age and by providing information about yourself to Evolv you are representing that you are eighteen (18) years of age or older.
Online Free Trial Periods
1. Members who sign up for a free trial will automatically be charged a membership fee at the end of the free trial period if they do not cancel the membership PRIOR to the end of the free trial period. No refunds will be made for memberships that were not cancelled prior to the end of the free trial period. Refer to Online Membership Cancellations below.
2. Free trials are only available to new users and are provided at our sole discretion and are not available in conjunction with other offers that we may have from time to time. Users are only eligible for one free trial, even where a separate or new email is used to sign up.
3. We reserve the right to revoke your free trial at any time.
Online Membership Payment
1. The membership fee will be billed at the beginning of the paying portion of your membership and each month, quarter or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month, quarter or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.
2. Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your online membership through to the end of your current billing period.
3. In purchasing any Product or Service from the Website/App ("the Purchase") you agree to:
(a) pay using a valid credit card (or other form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs").
4. All costs are in Australian Dollars (AUD) unless otherwise indicated.
5. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
Online Membership Cancellations
1. You may cancel your online membership at any time for any reason. To cancel your recurring subscription, please visit your online membership settings.
2. Following a cancellation, you will lose access to your membership at the end of your billing period, either monthly, quarterly or annually.
3. To avoid being charged another billing cycle, you must ensure that you cancel your online subscription prior to your recurring payment date. If you do not cancel prior to this date, you will be charged for another month/quarter/year.
Termination
1. I agree that Evolv may terminate my membership or pass without notice for illegal, offensive or inappropriate behaviour, as determined by Evolv, which occurs on Evolv’s premises, online platform, website, app or Community, or is directed at Evolv staff, members or participants.
Service Access
1. Application availability: While we try to ensure the Application is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Application is unavailable or otherwise not fully or properly functioning at any time or for any period.
2. Suspension of access: Access to the Application may be suspended temporarily at any time and without notice.
3. Information security: The transmission of information via any application like the Application is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Application; any transmission is at your own risk.
Basis of Agreement
I agree that:
1. These Terms and Conditions apply exclusively to the provision of goods and services by Evolv to me and cannot be replaced or varied without the written agreement of Evolv.
2. Evolv may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.evolvyoga.com.au/. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.
3. These Terms and Conditions shall be governed by and construed according to the law of Western Australia, Australia, and I submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
Defined Terms and Interpretation
1. In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:
Associated Entities means all persons, corporations and entities other than Evolv that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of Evolv or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
Death, Illness or Injury means (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.
Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.
2. In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives.
3. To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by evolv. Yoga on behalf of those persons.
Changes To The Terms & Conditions
i. We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
ii. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
iii. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about these Terms & Conditions, you can contact us by email: christine(at)evolvyoga.com.au
Declaration
You acknowledge that You have read and understood this entire agreement (including, without limitation, the risk warning) and freely, voluntarily and by using this Service absolutely agree to its terms and conditions.