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Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Selph accessible at selph.com.au.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, Selph and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Selph may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Selph a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Selph reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and Selph express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Selph, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Selph, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Selph from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Selph is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Selph is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in au for the resolution of any disputes.

These terms and conditions have been generated at Terms And Conditions Sample.com

Obligations of Users and Members

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: i Email address ii Preferred username iii Password iv Credit Card, Skills and Language.
 

You warrant that any information you give to Selph in the course of completing the registration process will always be accurate, correct and up to date.

As a Member, you agree to comply with the following: i. you will not share your profile with any other person; ii. you will use the Services only for purposes that are permitted by: The Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; any use of your registration information by any other person, or third parties, is strictly prohibited. 

You agree to immediately notify Selph of any unauthorised use of your password or email address or any breach of security of which you have become aware; you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content. 

 

Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services; you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Selph; you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Selph for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Payment

By Selph offering the Services to you, you agree that:

– As a Provider, will supply all details as required by our payment gateway and keep this up to date so payouts can be executed by the payment gateway.
– Agree to the published payout terms, which may be updated from time to time
– All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

Injury Waver

Selphs’ activities, whilst care is taken, are not without risk which you accept, and in turn indemnify in full, on a solicitor and client basis, Selph, it’s Directors, employees, contractors, instructors, agents and nominees against all liabilities, damages and costs arising from Selph activities. This includes but is not limited to, liabilities arising from any cause such as negligence, contract, statute including the Civil Liability Act 2002, tortious or common law for any injury, death, loss, property damage or expense arising out of or sustained to you or I cause, in the course of my or my Minor’s participation in the activities and programs offered by Selph Online or in relation to any activities, including to any party. Such activities may include yoga, pilates, mediation, classes or any other online activity. I also confirm that my health is sufficient, and has no illness, injury or ailments which will prevent participation in Selph activities in a safe manner without risk to me. 

I recognise that this Agreement and Release and Waiver is a legal instrument and that it is intended to be as broad and inclusive as permitted by Australian law. By viewing a class video, this signifies that you have read, understood and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Video and stop all actions. You recognise that by viewing a video, you are waiving certain legal rights, including the right to sue and assume all aspects of the risks involved on behalf of yourself.

 

Entire Agreement

These Terms constitute the entire agreement between Selph and you in relation to your use of this Website, and supersede all prior agreements and understandings.