Effective immediately following purchase.
b. Choice of law provision. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the provincial laws of the Province of British Columbia, Canada, including its statutes of limitations.
c. If you do not agree with all terms provided herein, you are prohibited from using or accessing MOGA Moms Online Inc. programs and services.
2. Intellectual Property
a. Copyright and Trademarks. The materials contained in the training programs of MOGA MOMS ONLINE INC. are the copyright and trademark property of MOGA MOMS ONLINE INC.
3. Use of License
a. General. To use MOGA MOMS ONLINE INC. license and name, you must have training in yoga or fitness or be a health professional with equivalent training. Examples of equivalent health professionals include RMT, Physiotherapist, or Chiropractor. MOGA MOMS ONLINE INC. is an inclusive community that recognizes and celebrates unique backgrounds. If you are not listed herein as a health professional or equivalent health professional but may have adequate experience, please contact us to initiate a review.
b. Grant of license. Under this Agreement MOGA MOMS ONLINE INC. grants you permission to use printed materials, sequences, and the MOGA MOMS ONLINE INC. name in the promotion of your classes. This permission is the grant of a license and does not constitute a transfer of title. Under this license you may not:
i. modify or copy the materials;
ii. attempt to decompile or reverse engineer any software contained on MOGA MOMS ONLINE INC. website;
iii. remove any copyright or other proprietary notations from the materials; or
iv. transfer the materials to another person or 'mirror' the materials on any other server.
c. Automatic termination upon breach. This license shall automatically terminate if you breach any of the restrictions in clause 2(b)(i-iv) of this Agreement. If the license is terminated, you may still use the knowledge obtained to teach yoga classes, but may not use the name to promote or identify your classes
d. Further right to terminate. MOGA MOMS ONLINE INC. reserves the right to terminate this grant of license at any time upon receipt of a legitimate complaint about your use of the MOGA MOMS ONLINE INC. license.
i. “Legitimate complaint” for the purposes of this Agreement means a complaint that has been investigated and found to be warranted by MOGA MOMS ONLINE INC.
4. Payment Plans
a. General. In order to make our courses accessible to as many people as possible, we offer payment plans for our full certification programs. This enables you to pay for your course over a three or five-month period. If you select this option, please ensure you have read and understand the payment plan terms below including the consequences of default.
b. Duration of Payment Plan. Payment plans run the duration of three (3) or five (5) months. The first payment is withdrawn upon successful registration, with equal payments due on the same day of each month until the balance is paid in full. These payments are automatically withdrawn from your chosen payment account each month. No action is required to initiate these payments.
c. Removal of card. If you purchase any automatically renewing subscriptions, you agree that MOGA MOMS ONLINE INC. will charge the payment method on file. If the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you for any billing period, MOGA MOMS ONLINE INC. reserves the right to immediately revoke your access to any services you have ordered until your payment method is updated. If you fail to update your payment method within 7 days, MOGA MOMS ONLINE INC. may revoke your access and accreditation.
d. Changes to Payment Plan terms. These payment plan terms may be amended from time to time. Any student who has commenced a payment plan and is not in default at the time of such amendments will be bound by the terms of the original Payment Plan.
5. Refund policy
a. Request a refund.To request a refund, You must email [email protected] by [11:59] PM Eastern Standard Time no more than 30 days after your purchase with your request for a refund. You must include a verification that you completed all modules within the course and were still unsatisfied with the product.
b. Non-refundable after 30 days. After 30 days, your purchase is non-refundable and you are responsible for payment of all fees.
a. No warranties or guarantees. The materials on MOGA MOMS ONLINE INC. website are provided 'as is'. MOGA MOMS ONLINE INC. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MOGA MOMS ONLINE INC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
a. Without limitation. In no event shall MOGA MOMS ONLINE INC. be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on MOGA MOMS ONLINE INC. website, even if MOGA MOMS ONLINE INC. or an authorized agent of MOGA MOMS ONLINE INC. has been notified orally or in writing of the possibility of such damage.
a. No endorsement of included links. MOGA MOMS ONLINE INC. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MOGA MOMS ONLINE INC. of the site. Use of any such linked website is at the user's own risk.
9. POLICIES FOR REGISTERED LICENSEES
a. Acknowledgement & agreement to license policies. By accepting to be bound by this Agreement you acknowledge and agree that:
i. You are responsible for your students' well-being and safety;
ii. You will seek independent legal advice with respect to insurance and waivers BEFORE commencing teaching;
iii. You will require business insurance before commencing teaching; and
iv. You cannot share private, proprietary or confidential information about MOGA MOMS ONLINE INC.
10. RELEASE OF LIABILITY AND INDEMNITY
a. Release of liability. In consideration of, among other things, being permitted to participate in MOGA MOMS ONLINE INC. training programs, I HEREBY KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVE ANY CLAIM THAT MAY ARISE against MOGA MOMS ONLINE INC. for any injury or damages that I may sustain as a result of participating in the teacher training program taught by MOGA MOMS ONLINE INC. and/or in participating in any class that I may teach utilizing in the MOGA MOMS ONLINE INC. methods of yoga taught in the teacher training program.
b. Indemnity. I HEREBY AGREE TO FOREVER RELEASE, DISCHARGE AND ACQUIT MOGA MOMS ONLINE INC. together with its agents, representatives, employees, trainers, officers, directors, shareholders, attorneys, predecessors, successors and assigns, and all persons, firms, companies, associations, insurers, contractors, subcontractors, subsidiaries, parents, affiliates, and corporations connected with MOGA MOMS ONLINE INC., from any and all claims, debts, liabilities, demands, obligations, costs, expenses, attorneys' fees, actions, and causes of action of every nature, character, and description which I have held, now hold, or may hold in the future, whether known or unknown, directly or indirectly, arising out of or in any way related to the exercise of yoga or the teaching of yoga, including but not limited to all education, information and yoga methods learned in the educational training program taught to me by MOGA MOMS ONLINE INC.
c. Accordingly, to the extent permitted by law, MOGA MOMS ONLINE INC., its instructors, specialists, agents, employees, independent contractors, and affiliates, will not be liable to any person or entity for any damage or loss caused or alleged to be caused directly or indirectly by any exercise, workout, guidance, instruction or advice provided by any MOGA MOMS ONLINE INC. content.
11. Your acceptance of these terms
1. Collection of personal identification information.
a. We may collect personal identification information from our students in a variety of ways, including, but not limited to: enrollment applications; newsletter subscriptions; and in connection with other activities, services, features, or resources.
2. Use of collected information.
a. MOGA Moms Online Inc. may collect and use Students’ personal identification information for the following purposes: to improve customer service; to respond to customer service requests and support customer needs more efficiently; to send student updates and order information; to send periodic emails and to personalize user experience.
b. MOGA Moms Online Inc. may use personal identification information in the aggregate to understand how our students as a group use the services and resources provided in MOGA Moms Online Inc. products and/or services.