Terms of Service

OVERVIEW

This site is owned by "Heal Network Inc. Operating as YogaLady". Throughout the site, “we”, “us” and “our” refer to Heal Network Inc.

Heal Network Inc. offers this website and portal, including all Services and information, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here in.

By visiting our site, trialling, receiving, purchasing and/or accessing our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, principals, vice-principals, teachers, staff and/or school officials as well as direct or indirect recipients of Services which include students, and where not of age of majority, their parents.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the site or portal, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or Services which are added to the site, portal and/or e-commerce platform shall also be subject to the Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes.

Your continued use of, or access to, this site and/or portal following the posting of any changes constitutes acceptance of those changes.

You can review the most current version of the Terms of Service at any time on this page.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent - either directly or indirectly through the school - to allow any of your minor dependents to be recipients of the Services on this site and/or portal.

Our site and services are hosted on our online e-commerce platform and our Video-on-demand (VOD) Service is streamed via a custom engineered Amazon (AWS) Content Delivery Network (CDN) solution that jointly allows us to sell / deliver our Services to you.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services without refund.

SECTION 2 - GENERAL CONDITIONS

You understand that your information (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks to/ from your browser and the Stripe Payment network.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service, use of our Service, or access to our Service, or any contact on the site or portal through which the Service is provided, without express written permission by us.

You agree to not attempt to circumvent security measures on our site and/or on VOD Services including, and not limited to, playing (when not authorized), downloading, transferring, replaying, reselling videos and/or transmitting any worms or viruses or any code of a any / destructive nature.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The website material on this site is provided for informational purposes only in support of the Services offered.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue any Services (or any part or content thereof) without notice at any time with the exception that any cancellation of our VOD Service, at our sole discretion, will result in a pro-rated refund based on the number of days remaining in a school calendar year (which starts September 1st and ends June 30th).

Moreover, your sole compensation will be the monetary equivalent of the prorated number of days remaining up to the maximum paid for the VOD Service if it was cancelled on or prior to the first day of a given school calendar year.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Service other than a pro-rated refund to an aforementioned cancellation of an active VOD Service.

SECTION 5 - SERVICES

All Services are available exclusively online through our site and portal. These Services are subject to a zero return, exchange or refund as outlined in our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any Services that we offer. Any offer for any Service made on this site is void where prohibited.

Our Services are restricted to Canadian users and moreover exclusively restricted to Canadian Elementary Schools, which excludes Middle Schools, High Schools and Academies, etc. of which are expressly forbidden from purchasing and/or accessing our Services.

Any use of Virtual Private Network (VPN) or other means to circumvent geo or security measures to obtain and/or access VOD Services outside Canada is a breach of this agreement and will result in cancellation of services without refund.

We do not warrant that the quality of any Service purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected promptly and/or to your satisfaction.

SECTION 6 - USER OBLIGATIONS

The person who purchases our VOD Service must be a principal or vice-principal - and will be verified prior to the school being able to use a purchased VOD Service - and once verified will be granted access to our VOD Service portal where it will be their sole responsibility to invite teachers/staff at the school (it is forbidden to invite teachers/staff not actively at their school) to our VOD Service platform.

If you are a teacher, staff, principal or vice-principal, you are only authorized to present VOD Service classes to your class students while at the school physically for the school that has purchased and maintains an active VOD service.

Moreover, as a user of the VOD Service you are strictly forbidden from sharing your login credentials with anyone, including but not limited to your principal, vice-principal, other teachers/staff, a parent, a child, within or outside your school, and moreover any violation will result in the termination of Services for the entire school without refund. The only exception to sharing of accounts is the first invite account which must use the school email address and can be shared amongst staff and resource teachers (homeroom teachers are not allowed to use this shared school account).

If you are no longer a teacher/staff assigned to a school that has an active VOD Service, and/or you have an account to access our VOD Service, you must immediately cease using our VOD Service.

By agreeing to these Terms of Service and accessing our VOD Service portal, you represent that you are at least principal, vice-principal, teacher or staff of a Canadian elementary school that has a current active paid VOD service.

If you are a parent, teen, or child, you are strictly forbidden from directly trialling, logging into, accessing and/or using the VOD service and any violation will result in the termination of services for the entire school without refund.

Unfortunately, strictly due to insurance purposes Yoga video classes cannot be used for Online Learning / Remote Learning due to insurance constraints as students must be at school and in the presence of their Teacher in order to ensure their safety. Student wellness videos can be used by Teachers during Online Learning / Remote Learning as they do not involve Yoga. Educator wellness videos can be used by Teachers during Online Learning / Remote Learning as they do not involve Yoga however they cannot be played for Students as they are designed and targeted to Educators. As such, you agree to not utilize the VOD Service for Online Learning / Remote Learning to/for students and any violation will result in termination of services with no refund.

SECTION 7 - STUDENT SUPERVISION, FITNESS AND LIABILITY

Teachers/staff that play VOD Service videos must (a) play videos at the school in the physical presence of students; (b) are prohibited from playing videos online or to remote students and (c) agree to remain vigilant and alert while playing videos at all times for the personal safety, liability and well-being of students.

Teachers/staff are solely responsible to ensure that students that are offered services are physically and emotionally able to participate.

Furthermore, teachers/staff agree to waive any responsibility or liability towards us for students who elect to perform poses in a manner that is not being suggested by videos and/or that may be dangerous to their health, or that results in personal injury, to themselves, or others.

The VOD Service videos will lead students through various gentle yoga poses and moreover we are not responsible if students injure themselves due to a pre-existing condition, lack of fitness or conditioning, incorrect posture or form, falling and/or contacting themselves or any other students in any way.

The VOD Service videos should either be followed on yoga mats or gym mats which should be sprayed for hygiene and to limit any potential of contracting COVID. Cleaning product spray bottles and a cloth head dust mop (removable and washable) are suggested to wipe down mats at the end of each session.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us and will only consider purchases to be valid if they are made by the current principal or vice-principal. We may, in our sole discretion, cancel Services purchased by a person whom we cannot verify as an active principal or vice-principal of a school that has purchased our Services.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by non-active or current principals or vice-principals.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our e-commerce platform / site. You agree to promptly update your account and other information, including your email address, so that we can continue to provide Services to your school and/or contact you as needed.

For more detail, on returns or refunds, please review our Return Policy.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through our e-commerce platform / site is governed by our Privacy Policy.

In order to improve our Service offerings our site uses Google Analytics and Cookies as outlined in our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site, should be taken to indicate that all information in the Service or on any related site has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without refund.

SECTION 13 - COVID

You understand that your school must follow, adhere to, and abide by all Federal, Provincial and Municipal guidelines and direction when it comes to COVID Health and Safety and agree to defend, indemnify and hold harmless Heal Network Inc. for any event upon which there is transmission, re-transmission, infection, occurrence or case(s) of COVID, that may have resulted during or after following our Services.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. Moreover, the site, portal and/or VOD Service are only available Monday to Friday (weekends are reserved for maintenance and in any event Students are not physically at schools on weekends).

You acknowledge and agree that the VOD Service is offered ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to issues including but not limited to local or server Internet / ISP issues, server access issues, Amazon (AWS) or any other issues related to Service availability.

Furthermore, while we will make every effort for our VOD Service to be available, you agree to waive any right to a partial or full refund for any unforeseen individual or cumulative service disruptions.

We may also, in the future, offer new Services (e.g. new videos) and/or features through our site or portal. Such new features and/or services shall also be subject to these Terms of Service.

You agree that from time to time we may remove or modify availability of Services for indefinite periods of time or cancel Services at any time, without notice to you, except in the case of the VOD Service where notice will be provided to active schools.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Heal Network Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury (physical, mental, emotional or otherwise), loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, physical injury or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, supervision, lack of supervision or otherwise, or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - WAIVER

You understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. You also understand and accept that as is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.

Teachers/staff must instruct students prior to engaging in our services that if a student experiences any pain or discomfort, that they will listen to their body, adjust or cease the posture, and ask for support from the teacher/staff and if necessary completely stop participating in the class and seek medical attention if/where required.

Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. Principal, vice-principal, teachers/staff affirm that students are responsible to decide whether to practice yoga.

Principal, vice-principal, teachers/staff and school hereby agree to irrevocably release and waive any claims that they have now or hereafter may have, directly or indirectly, against Heal Network Inc.

By playing the VOD Service videos the principal, vice-principal and school agrees that they have read, agree with, and will adhere to this waiver and that they are able to do so on behalf of students under 18 years of age.

Although typically students under 18 years of age require parent/guardian to sign a waiver, the principal and/or vice-principal affirm that as the VOD Service is delivered in a school setting, and moreover on school premises, that the school has sufficient waiver.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Heal Network Inc. and our instructors, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any and all losses and damages arising out of any injury to student and/or from any claim or demand, suits, proceedings, judgments, costs and expenses, including reasonable attorneys’ fees, made by you, your school, and/or any third-party due to or arising out of your use of our Services or your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, however you agree and understand upon making a purchase that there are no refunds for any unused Service period.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time with notice and/or may deny you access to our Services (or any part thereof) with no refund.

The obligations and liabilities of the parties incurred prior to Service end or termination date shall survive the end or termination of this agreement for all purposes.

SECTION 19 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

No representations, promises, agreements or understandings, written or oral, not herein contained shall not be of any force or of any affect. No modification hereof shall be valid or binding unless included on this page. No wavier of any provision of this Agreement shall be valid unless in writing and signed by the party against whom such wavier is sought to be enforced. No valid wavier or any provision of this Agreement at any time shall be deemed a waiver of any other provision at any other time.

Failure of either party to insist in any instance upon strict performance by the other of any provision herein shall not be deemed to be a permanent wavier of such or any other provision herein. If any provision herein is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions herein and shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Province of Ontario, in Canada.

In the event either party commences litigation to enforce their rights hereunder, the parties hereto agree that the non-prevailing party shall pay filing fees, court costs and reasonable attorney’s fees to the prevailing party.

Both parties agree that this agreement is drawn up in the English language.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our site. It is your responsibility to check our site periodically for changes.

Your continued use of or access to our site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

If you have any questions about our Terms of Service, you can contact us using our Contact page.