These terms and conditions (Terms) govern your use of the Omunay website located at http://www.emmahawthorne.com/ (Website) and our supply of instructional videos for contemporary dance, fitness, yoga, Pilates, meditation and other activities (Content) through the Website, including additional and archived Content when you subscribe to Omunay (Membership).
By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, Emma Kate Hawthorne ABN 20 014 639 390, operating under the business name “Omunay” (Omunay, our, we or us).
Your Membership includes the Content and will continue for the amount of time specified on our website for the type of Membership you have chosen.
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website or Membership (or both, as the case may be) following such an update will represent an agreement by you to be bound by the Terms as amended.
USE OF THE WEBSITE
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
When you sign up for a Membership, you will be asked to create an Account for the purposes of managing your Membership (Account). The information you provide to us for the purposes of your Account:
- must be accurate and true at all times; and
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Omunay;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Membership;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Omunay, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
- instigating or participating in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be at all times functional on any given platform;
- the Website will be free from errors or defects;
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Content.
- Omunay retains ownership of the Website and all materials on the Website, including the Content, and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Content without prior written consent from Omunay or as permitted by law.
LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility.
- We have no control over the content of the linked websites, and we are not responsible for it.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Omunay does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
OFFER TO SUBSCRIBE
By submitting an order for purchase of a Membership using the Website’s functionality (Purchase Order) you represent and confirm that you:
- have the legal capacity and are of sufficient age (18) to enter into a binding contract with us (or you are the parent or guardian of a minor entering into this agreement on their behalf); and
- are authorised to use the debit or credit card included in your order.
Subject to the completion of your 7-day free trial and any notice you provide otherwise during the 7-day free trial, submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Membership you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
- The Fees will be as agreed between us through our Website or other communications, and continue on a recurring basis unless and until you cancel your Membership or terminate these terms. You can check your payments in the “Account” section of the Website when logged in.
- If the Membership Fees are to increase, we will notify you and ask you to re-commit to your Membership. It will be your responsibility to opt-out of the Membership once we’ve notified you any increase to the Fees.
- Unless otherwise agreed in writing:
- if Omunay issues an invoice to you, payment of the amount specified on the invoice must be made by the time specified in such invoice; and
- in all other circumstances, you must pay for your Membership on or prior to Omunay providing you with access to the relevant Content.
- (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Omunay, you must pay the GST subject to Omunay providing a tax invoice. We may charge GST despite previously not having done so.
- (Card surcharges) Omunay reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Membership. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
- (Failure to pay) If you do not pay for any Membership on or before the due date for payment you must pay Omunay interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Omunay.
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
You acknowledge and agree that any testimonials provided about the Content or the Website are for marketing purposes and are not to be relied on.
We reserve the right to cancel your Membership for any reason, including where you fail to comply with clause 1, and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU
You may choose to cancel your Membership at any time. If you choose to cancel your Membership, you must provide Omunay with written notice.
Generally, Memberships are non-refundable.
However, if you cancel your Membership, we will consider the type of Membership you hold, and the amount of time remaining in that Membership, to determine a fair amount to be refunded to you, taking into account the costs and expenses we have incurred in reliance on the understanding that your Membership would have continued for the full Membership term.
- (Not medical advice) While all reasonable care is taken to ensure that instructions given to you are safe, Omunay does not accept liability for any adverse outcomes from your practice of the Content. Please seek medical advice before undertaking anything demonstrated in the Content. You acknowledge and agree that neither Omunay nor any of Omunay’s personnel are acting in the capacity of a doctor, physiotherapist, chiropractor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that the Content and any advice, recommendations or instructions given by Omunay is not meant to take the place of advice from these professionals.
- (Pregnant or breastfeeding) If you are pregnant, breastfeeding or otherwise in a postnatal period, please ensure you seek medical clearance to practice the Content.
- (Know Your Ability) It is entirely your responsibility to assess the Content and determine whether the demonstrated activity is suitable and safe for you to undertake.
- (Limitation of liability) To the maximum extent permitted by applicable law, Omunay excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any Content or services provided by Omunay.
All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Omunay’s liability for breach of that non-excludable condition, warranty or guarantee will, at Omunay’s option, be limited to:
- in the case of Content, their replacement or the supply of equivalent Content; and
- in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
- (Indemnity) You agree to indemnify Omunay and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any Content or services provided by Omunay.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Omunay be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any Content or Membership or services provided by Omunay (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- (Governing law) This agreement is governed by the law applying in New South Wales, Australia.
- (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- (Amendments) These Terms may only be amended by Omunay in accordance with the Terms.
- (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
- (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
- (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
- (Interpretation) In these Terms, the following rules of interpretation apply:
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Our terms & conditions was last updated on 11 June 2019.