Course Order Terms and Conditions
The terms “we”, “us”, and “our” refer to Art of Contemporary Yoga Ltd (“Company”).
The terms “Site(s)” refers to www.joanneavison.com, www.myofascialmagic.com, – (“Sites”).
On these Sites, we provide information, courses, products and training related to the subject matter of myofascia, fascia, movement, yoga, Pilates and living anatomy, and we offer various courses, products and services, including, but not limited to movement, myofascia, fascia, living anatomy, yoga and Pilates and the Membership Program, and the Myofascial Magic in Action Online Course (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Sites and/or Services.
By using our Sites and/or Services, whether made available for purchase or not, you are agreeing to the following Terms of Services, our Privacy Policy (located at https://www.joanneavison.com/privacy-policy) or any other agreement that governs your use of our Sites or Services (collectively, “Agreements”). You should not use our Sites or Services if you do not agree with the terms and conditions contained in these Agreements.
Use of the Sites and Services
To access or use the Sites and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Services. Please see general Terms & Conditions above.
Account Creation
In order to use the Sites and/or Services, you may be required to provide information about yourself including your name, email address, username, password and/or other personal information. You agree that any account information you provide on the Sites or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
Consent
When you register with the Company (for example, by creating an account, registering to receive emails, or by purchasing our Services), you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company and you consent to receive notices electronically by way of transmitting the notice to you by email. You can learn more by viewing our Privacy Policy located at https://www.joanneavison.com/privacy-policy
Refusal of Services
We reserve the right to refuse access to the Sites and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Services, without refund (if applicable) or liability, if you violate these Terms of Services or other Agreements governing your use of the Sites and/or Services. Lawful Purposes You may use the Sites and/or Services for lawful purposes only. You agree to be financially responsible for all purchases made my you. You agree to use the Sites and/or Services and to purchase our Services for legitimate purposes only. You shall not post or transmit through the Sites and/or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
MMIA Online Course: MAP Online Course: MAP Somatics Online Course: Access, Payment Policy and Refund Policy
In addition to the terms set forth herein, the following terms apply if you purchase or access the MMIA, MAP or MAP Somatics Online Course(s).
Access: The MMIA, MAP or MAP Somatics Online Course(s) (“Course/s”) are digital products, which include but are not limited to, course content, written content, recorded video and audio content, live and pre-recorded calls and discussion in Course related forums (collectively, “Materials”). The Course is for your own personal use, not for agencies or companies or studios. You agree not to share access to or the contents of any of the Course/s with anyone who is not a customer of record with the Company. In order to use the Course/s, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the Course/s may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Course/s.
Payment Policy: At the time of purchase, you will have the option of selecting between payment types (using Stripe and PayPal) or using Klarna payment plans or a pay-in-full option. Regardless of whether you select a payment plan or a pay-in-full option, you agree to make timely and full payments to the Company for the Course. If you choose the payment plan, your agreement is with Klarna (see their terms and conditions). The full amount for the Course is due to the Company even if you choose not to or are unable to complete the Course. You authorise the Company to automatically charge the credit card on file for any and all Course balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, the Company may remove you from the Course without liability or refund. Your removal from the Course due to your failure to pay the requisite Course fee does not excuse you from your obligation to pay the amounts owed in full.
Refund Policy: Within fourteen (14) calendar days of the Course Start Date, you may request a full refund by contacting us at [email protected]. The Course Start Date is the first day you are given access to Modules 1&2 of the Course. Requests for refunds will not be honoured before the Course Start Date or fourteen (14) calendar days after the Course Start Date. If a request for a refund is denied, any outstanding balance owed to the Company for the Course must be paid in full. If a refund is approved, the refund will be credited back to the original method of payment. Please note refunds may take 2-3 weeks to process and show on your account due to varying processing times between payment providers.
The Online Membership: Access, Payment policy, refund policy and cancellation policy. In addition to the terms set forth herein, the following terms apply if you purchase or access the MMIA Online Membership: Access: The MMIA Online Membership (“Membership”) is an online subscription service. The Membership is for your own personal use, not for agencies or companies or studios. You agree not to share access to or the contents of the Membership with anyone who is not a customer of record with the Company. In order to use the Membership, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the Membership may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Membership.
Payment Policy: You agree to make timely and full payments to the Company for the Membership (regardless of whether you select to pay for the Membership monthly or annually). You authorise the Company to automatically charge the credit card on file for any and all Membership balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may remove you from the Membership without liability or refund.
Refund Policy: Refunds for your purchase of the Membership are not available. Cancellation Policy: Your membership can be cancelled at any time by logging into your private membership portal. If you wish to cancel, you must do so before your next billing date which will be the same day each month (if the monthly plan was selected) or the same day each year (if the annual plan was selected). Please note the day of the month (or year) that your membership renews. Refunds are not available once the payment has been processed. Membership pricing is locked in at the time of enrolment. If you cancel your Membership and return in the future, the fees will be subject to the price of Membership at the time of repurchase.
Products: Shipping Policy and Refund Policy
In addition to the terms set forth herein, the following terms apply if you purchase products:
Shipping Policy: Domestic orders are processed and shipped within five (5) business days of your order via either Royal Mail or DHL. Domestic orders typically arrive within two to five (2-5) business days of being shipped. International orders are processed and shipped within five (5) business days of your order by Royal Mail, or DHL or FEDEX. Orders typically arrive within five to ten (5-10) business days, though this does not take into consideration time in customs. Any import fees are to be covered by the recipient. Company is not responsible for delayed shipping caused by the shipping carrier or for products that are lost or damaged in transit. Please document and report any damages within seven (7) calendar days of receiving your package to [email protected] for a replacement.
Refund Policy: Unused and unopened products may be returned within thirty (30) calendar days of receipt for a full refund less the original shipping cost. If you wish to return an item, please contact [email protected]. You are responsible for the cost of shipping a returned product and must ensure that the product is carefully packaged to avoid any damage in transit. Once we receive the returned item(s), we will credit your original method of payment excluding any non-refundable shipping costs as soon as possible. Please note refunds may take two to three (2-3) weeks to process and show on your account due to varying processing times between payment providers. Personalised or custom items as well as items marked final sale cannot be returned or exchanged.
Customer feedback
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in forums, social media, coaching calls, or otherwise, for the purposes of marketing or promoting its Sites and Services.
Release
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Course or Membership or while engaging with us on your Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorisation.
No Confidentiality
You understand that given the group format of the Course/s and Membership information provided or shared with the Company or other participants, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts or otherwise are not confidential.
Participant’s Conduct
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Course/s and/or Membership Participants, customers or community members. You acknowledge and agree that the Company reserves the right to remove you from the Membership and/or Course, the Site(s), or group forums, without reimbursement or liability, if Company, in its sole discretion, determines that your behaviour creates a disruption or hinder the enjoyment, safety or wellbeing of other participants.
Live Events
Any and all costs associated with attending any live event(s) hosted by the Company (including without limitation, travel to and from the event(s), such as airfare, transport to/from the airport, additional meals, etc.) are your sole responsibility. You assume all risk and/or liability that may arise or be incurred with attending and participating in the live event(s). It is recommended that your secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the live event(s).
No Guarantees of results
The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth or results of any kind. By accessing the Sites and/or using our Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations and nothing in our Sites and Services is a promise or guarantee to you of such results.
Disclaimer
Your use of the sites and services is at your own risk. Any service and/or information provided by the sites and services is provided “as is” and without warranties of any kind, either expressed or implied. Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company does not warrant that any function or content contained on the sites and services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Company does not warrant or make any representation regarding use, or the result of use, of any sites and services or content in terms of accuracy, reliability, or otherwise. The user acknowledges that the content may include technical inaccuracies or typographical errors, and company may make changes or improvements to sites and services at any time. You assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the sites and services or its content. Company makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in any content on the sites and services.
Training Provided
The Company Services and Courses and Membership are designed to offer information and education to practitioners and interested individuals at their own risk. They are not offered or intended as certified qualifications or registrations or accreditations.
The Company and Services and Courses contain information intended to assist you in improving your classes and services as a teacher, practitioner or interested individual using techniques and products that can affect health and overall well-being and enhance your existing practice. The information presented herein is offered only as-is for informational and educational purposes and is not a substitute for the professional judgment of a medical professional.
The company makes no warranty or representation whatsoever regarding the services or products provided through or in connection with the website(s) including and not limited to courses with the subject matter of myofascia, fascia, movement, yoga, Pilates and living anatomy. Use your own discretion when performing any postures. Work at your own level and explore your own limits. Work within your own scope of practice. The course/s are not provided or represented as a stand-alone qualification or level-based standard. The material is presented as additional information for the qualified practitioner and/or interested individual to check out at their own risk. It is not a substitute for scope of practice and in no way suggests or substitutes medical guidance.
The reader and viewer of the information presented by this site assumes all risks when using the information provided herein. This site’s founders, operators, authors, owners, and affiliates disclaim any and all liability from the information provided herein. Any medical, financial, legal, health, psychological or other information provided on this site is not intended as a replacement for professional consultations with qualified practitioners. If this site provides health-related or medical information, no such information provided by this site is intended to treat or cure any disease or to offer any specific diagnosis to any individual as we do not give medical advice, nor do we provide medical or diagnostic services.
If you have reason to believe this site may be hosting content that is slanderous, illegal, promoting dangerous acts or in violation of copyright law, please contact us by emailing [email protected].
We strongly recommend that you get professional medical advice before you perform any techniques, poses, postures or routines presented on our site or before using any of our video, audio, or Stability Ball, Bands or other products. We thank you for visiting us and want the best for you, your practice and your health for which you are solely responsible.
Medical Disclaimer:
The Company is a provider of online and mobile exercise and postural organisation content. We are not a health care or medical device provider, nor should our Products and Services be considered medical advice or a substitute thereof. All content found on https://MyofascialMagic.com or https://JoanneAvison.com website, including, but not limited to; text, images, video, audio, or other formats were created for informational purposes only.
Product and Educational content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Only your physician(s) or other health care provider can provide medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on any of this Company’s Courses or website(s).
If you think you may have a medical emergency call your local emergency services immediately. As with any type of exercise, or in everyday movements, if at any point during the exercises you feel faint, dizzy or have discomfort, you should stop immediately. Never perform these exercises while driving, operating machinery or equipment or while in water of any kind. We recommend that you do not chew gum or eat while performing these or any other exercises. We recommend that you prepare a suitable environment to do them with suitable support and comfort.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances or the environment in which you are practicing. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and will not replace it. The Company is not liable or responsible for any consequences resulting from you having read or been told about such advice or other materials and you understand and acknowledge that you will assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. Any health information and links on the Company Website or courses or products, whether provided by the Company or by contract from third party providers, is provided simply for your convenience for your use at your discretion. Application or reliance on any techniques, advice, ideas, suggestions or information provided to you by the Company is done solely at your own risk and not at the direction of the Company. The Company makes no claims, representations or guarantees about the benefits of any Products or Services or Courses.
You understand that the exercises and programs discussed and used on joanneavison.com and myofascialmagic.com can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. By using the website Services and Products, you acknowledge and agree that you are voluntarily choosing to perform the exercises and expressly agree to accept and assume all risk of loss, injury, death or damages that may occur as a result of performing the exercises.
Lifetime Access
Any indication that you will have lifetime access to our Services is for the lifetime of that Service. If for any reason the Company should dissolve, cease to exist or otherwise retire Services, then your access to that Service will terminate, without refund or liability on Company’s behalf.
The Sites and/or Services contain intellectual property owned by the Company (Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, HTML/CSS, Javascript, other files, the Membership, the Course, the Products and the Materials and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and/or Services, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Sites and/or Services, without liability or refund, if you are caught violating this intellectual property policy. We further reserve the right to pursue all legal remedies.
All trade names, trademarks, and images and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by, the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Service or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites and/or Services in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.
Third Party Website and Resources
The Sites and Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Sites and/or Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Affiliate Links
From time to time, Company may include affiliate links on its Sites and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
Governing Law
The Terms of Service shall be governed by the laws of the United Kingdom.
Entire Agreement
These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Sites and/or Services) constitute the entire agreement between you and the Company with respect to the Sites and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and/or Services. Waiver
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
Severability
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Our Privacy Policy
Please review our Privacy Policy located here.
