TERMS AND CONDITIONS
(a) “littleyogi™” means Littleyogi Pty Limited trading as littleyogi or Littleyogi Mats (“littleyogi”), whose principal place of business is at C/- Mitry Lawyers, 161 Castlereagh Street Sydney NSW 2000. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
(b) Your use and/or purchase of littleyogi’s products, services and websites (including affiliated websites and pages, and including but not limited to the website at www.littleyogi.com.au) (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and littleyogi.
(c) Unless otherwise agreed in writing with littleyogi, your agreement with littleyogi will always include, at a minimum, the terms and conditions set out in this document (“Main Terms”).
(d) Your agreement with littleyogi will also include the terms of any Legal Notices we send you or post on any website owned or operated by littleyogi applicable to the Services, in addition to the Main Terms. All of these are referred to as the “Other Terms”. Where Other Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
(f) If there is any contradiction between what the Other Terms say and what the Main Terms say, then the Other Terms shall take precedence in relation to that Service.
2. Accepting the Terms
(a) In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(b) You can accept the Terms by:
(i) clicking to accept or agree to the Terms, where this option is made available to you by littleyogi in the user interface for any Service; or
(ii) by actually using the Services. In this case, you understand and agree that littleyogi will treat your use of the Services as acceptance of the Terms from that point onwards.
(c) You may not use the Services and may not accept the Terms if (a) you are not of legal age or capacity to form a binding contract with littleyogi, or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(d) littleyogi Services are presently only available to persons residing in the Commonwealth of Australia.
(e) Before you continue, you should print off or save a local copy of the Main Terms for your records and ensure that you have obtained independent legal advice in relation to the Main Terms.
3. Language of the Terms
(a) Where littleyogi has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with littleyogi.
(b) If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by littleyogi
(a) littleyogi will use all reasonable endeavours to provide the Services to you as represented on the littleyogi website, or any instructional or promotional material provided by or on behalf of littleyogi.
(b) You acknowledge and agree that the form and nature of the Services which littleyogi provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.
(c) You acknowledge and agree that littleyogi may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at littleyogi’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform littleyogi when you stop using the Services.
(d) You acknowledge and agree that if littleyogi disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
(e) You acknowledge and agree that while littleyogi may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by littleyogi at any time, at littleyogi’s discretion.
5. Supply of littleyogi products
(a) littleyogi is not directly engaged in manufacturing or importation of products supplied by us. All products are sourced from manufacturers or importers (suppliers).
(b) littleyogi relies on representations made by our suppliers and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services, to the extent allowed by law.
(c) littleyogi will charge your nominated payment card/type as authorised by you during the purchase process with the applicable and correlating price to your nominated products. Once payment has been processed and approved your package will be sent out. Delivery times will vary depending on where in Australia your package is being sent to – we aim to have all purchases delivered within 5 business days of payment, however will not be liable to you for any delays in delivery whatsoever.
(d) You agree to pay all fees charged to your account based on littleyogi’s pricing, charges, and billing terms in effect as shown on the payment page.
(e) Information provided by you will be relied upon for the purposes of delivery. We will not be liable to you for incorrect information provided by you in relation to delivery details.
(f) littleyogi attempts to be as accurate as possible. However, littleyogi does not warrant that the product descriptions made by littleyogi are accurate, complete, reliable, current or error-free. If a product offered by littleyogi is not as described, your only remedy is to return it to littleyogi in unused condition and obtain a refund or exchange for that product alone, or otherwise as provided by law.
(g) In the event that a product will not be delivered as described on our website, littleyogi will discharge its obligations of accurate representation to you by notifying you of any changes prior to delivery of that product to you.
(h) The information we provide is intended to enhance lifestyle, entertain and inform however is not intended to serve as or in place of medical advice. If unsure please consult with your doctor, health care provider, parent or legal guardian regarding the use of any products, goods or material obtained from the littleyogi. website before commencing or continuing to use or refer to them. If you are experiencing anything that requires professional medical examining or observation, please contact your Doctor/Health Care Provider/ Parent/ Legal Guardian.
(i) All products purchased by you from littleyogi:
(i) are pursuant to a shipment contract. Risk of loss and title for these goods will pass to you once goods are despatched by littleyogi for delivery;
(ii) will be delivered using ordinary post with Australia Post. We will not accept any liability for late delivery or non-delivery of goods purchased from littleyogi;
(iii) are priced in Australian Dollars; and
(iv) will be charged, unless expressly stated otherwise, as inclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account.
6. Your Use of the Services
(b) littleyogi will rely on the accuracy of the information you provide. All Services (including but not limited to deliveries made by littleyogi) will be provided in accordance with the information you have provided as at the date of provision of the Services. littleyogi will not be liable to you in any respect or for any amount for any loss suffered by you (including any misdelivered items) if you have not provided accurate information.
(c) You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).
(d) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by littleyogi, unless you have been specifically allowed to do so in a separate agreement with littleyogi. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
(e) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
(f) Unless you have been specifically permitted to do so in a separate agreement with littleyogi, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
(g) You agree that you are solely responsible for (and that littleyogi has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which littleyogi may suffer) of any such breach. You agree to indemnify littleyogi for any loss suffered by reason of any breach of your obligations under the Terms (jncluding any consequential damages).
7. Your passwords and account security
(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
(b) Accordingly, you agree that you will be solely responsible to littleyogi for all activities that occur under your account, and littleyogi will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
(c) You may not transfer your account to any other person, unless specifically agreed in writing by littleyogi.
(d) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify littleyogi immediately at firstname.lastname@example.org.
8. Privacy and your personal information
9. Proprietary rights
(a) littleyogi and the ‘littleyogi’ logo are both trademarks owned by Richard Louis Pty Limited.
(b) You acknowledge and agree that littleyogi (or littleyogi’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by littleyogi and that you shall not disclose such information without littleyogi’s prior written consent.
(c) Unless you have agreed otherwise in writing with littleyogi, nothing in the Terms gives you a right to use any of littleyogi’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
(d) If you have been given an explicit right to use any of these brand features in a separate written agreement with littleyogi, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of these terms.
(e) Other than the limited license set out below, littleyogi acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with littleyogi, you agree that you are responsible for protecting and enforcing those rights and that littleyogi has no obligation to do so on your behalf. littleyogi shall not be responsible for any infringement of those rights by any person or entity.
(f) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
(g) Unless you have been expressly authorised to do so in writing by littleyogi, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree to wholly indemnify littleyogi for any loss or damage suffered by littleyogi by reason of any breach by you of this Clause.
10. License from littleyogi
(a) littleyogi gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (including websites) provided to you by littleyogi as part of the Services as provided to you by littleyogi (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by littleyogi, in the manner permitted by the Terms.
(b) You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software (including our website) or any part thereof, unless this is expressly permitted or required by law, or unless you have been expressly told that you may do so by littleyogi, in writing.
(c) Unless littleyogi has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
(a) You agree to fully and promptly indemnify littleyogi against any loss (either direct or indirect) damage or expense whatsoever which littleyogi may suffer or incur in respect of:
(1) Any breach by you of the provisions of this agreement; or
(2) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Services by littleyogi.
(b) You irrevocably release littleyogi and waive all claims which you may have in the future against littleyogi, in respect of any action, claim or remedy whatsoever in any way attributable to the use by you of any littleyogi products or Services, except where such release is prohibited by law.
14. Ending your relationship with littleyogi and refund policy
(a) The Terms will continue to apply until terminated by either you or littleyogi as set out below.
(b) You will be entitled to a refund or replacement of goods from littleyogi where provided by the Australian Consumer Law. Our liability to you for any matter will be limited to a replacement of any product purchased, or refund, or as otherwise required by law.
(c) You may refund any goods obtained using the Services if an item is broken, leaked, or already opened - although we take extreme care when sending our littleyogi products out to ensure this is not the case when it leaves us. In order to obtain such a refund, you must notify us in writing within 7 days, and we will refund and can arrange for the product to be shipped back to us at our expense.
(d) Notwithstanding the above, you may obtain a refund for any goods delivered if you notify us in writing within 7 days of receipt of those goods. You will be required to pay in full for any shipping.
(e) littleyogi may at any time, terminate its legal agreement with you if:
(i) you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
(ii) littleyogi is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(iii) any partner with whom littleyogi offered the Services to you has terminated its relationship with littleyogi or ceased to offer the Services to you; or
(iv) littleyogi is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(v) the provision of the Services to you by littleyogi is, in littleyogi’s opinion, no longer commercially viable; or
(vi) for any other reason littleyogi in its reasonable discretion thinks fit.
(f) Nothing in this Section shall affect littleyogi’s rights regarding provision of Services under the Terms.
(g) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and littleyogi have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
15. EXCLUSION OF WARRANTIES
(a) NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT LITTLEYOGI’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
(c) IN PARTICULAR, Littleyogi DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES,
(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Littleyogi OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(f) Littleyogi FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT Littleyogi, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU., INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
(iii) ANY CHANGES WHICH Littleyogi MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(v) YOUR FAILURE TO PROVIDE Littleyogi WITH ACCURATE ACCOUNT INFORMATION;
(vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(b) THE LIMITATIONS ON Littleyogi’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT Littleyogi HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
(c) IN THE EVENT THAT Littleyogi IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL BE LIMITED TO A REFUND OF AMOUNTS PAID BY YOU TO Littleyogi.
17. Copyright and trade mark policies
(a) It is littleyogi’s policy to respond to notices of alleged copyright and trademark infringement that comply with applicable international intellectual property law, including the Copyright Act and Trade Marks Act (Cth of Australia) and to terminating the accounts of repeat infringers.
(a) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
(b) The manner, mode and extent of advertising by littleyogi on the Services are subject to change without specific notice to you.
(c) In consideration for littleyogi granting you access to and use of the Services, you agree that littleyogi may place such advertising on the Services.
(d) Without limiting the effect of the above, littleyogi accepts no responsibility and will not be liable to you for any loss suffered by reason of the existence any advertising on the Services.
19. Other content
(a) The Services may include hyperlinks to other web sites or content or resources. littleyogi may have no control over any web sites or resources which are provided by companies or persons other than littleyogi.
(b) You acknowledge and agree that littleyogi is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
(c) You acknowledge and agree that littleyogi is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
(a) littleyogi may make changes to the Main Terms or Other Terms from time to time. When these changes are made, littleyogi will make a new copy of the Terms available on our website or any other Software and any new Other Terms will be made available to you from within, or through, the affected Services. littleyogi shall not be required to otherwise notify you of any changes to the Terms or Other Terms, and you agree to be bound by the Terms as applicable from time to time.
(b) You understand and agree that if you use the Services after the date on which the Main Terms or Other Terms have changed, littleyogi will treat your use as acceptance of the updated Main Terms or Other Terms.
21. General legal terms
(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and littleyogi and govern your use of the Services (but excluding any services which littleyogi may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and littleyogi in relation to the Services.
(c) You agree that littleyogi may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
(d) You agree that if littleyogi does not exercise or enforce any legal right or remedy which is contained in the Terms (or which littleyogi has the benefit of under any applicable law), this will not be taken to be a waiver of littleyogi’s rights and that those rights or remedies will still be available to littleyogi.
(e) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
(f) No agency or partnership shall be construed to have been created by virtue of this agreement.
(g) You acknowledge and agree that each member of any company or entity to which littleyogi is directly affiliated (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
(h) The Terms, and your relationship with littleyogi under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable) without regard to its conflict of laws provisions. You and littleyogi agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that littleyogi shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief, interlocutory or final) in any jurisdiction.
(h) You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. littleyogi shall not be liable for any breach of this warranty.