PLEASE READ OUR Terms & Conditions CAREFULLY BEFORE USING THE WEBSITE OR STARTING OUR PROGRAMS.
Before starting any yoga or other exercise program through the Service, consult your physician to determine if such program is right for your needs. Hello Happiest is not a medical organisation and its teachers or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Hello Happiest, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time we may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Hello Happiest, or any person or entity involved with Hello Happiest, including without limitation its directors, principals, teachers, independent contractors, employees, agents, contractors, affiliates and representatives.
You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via the website (www.hellohappiest.com). The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.
Your Rights and Obligations
The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account.
When attending live interactive yoga classes through the Service You shall always wear proper exercise clothing and use appropriate language when contacting the instructor and not behave in a manner that makes the instructor feel uncomfortable or intimidated. Hello Happiest has a zero-tolerance policy on any harassment and will report all cases to police. Hello Happiest has the right to suspend You from using the service if you do not follow these guidelines.
Hello Happiest grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service application for your private use. The Service comprises the relevant application that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.
If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time.
This Agreement does not entitle you to future updates, new versions or other enhancements of the application although Hello Happiest may choose to provide such updates etc., in its sole discretion.
Without limiting any other remedies, Hello Happiest may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Hello Happiest suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Hello Happiest services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and Hello Happiest is under no obligation whatsoever to compensate You for any such losses or results.
You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.
Intellectual Property Rights
The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Hello Happiest Property”) are owned by or licensed to Hello Happiest, subject to copyright and other intellectual property rights under South African and foreign laws and international conventions. Except as expressly provided in these Terms, Hello Happiest does not grant any express or implied rights to use Hello Happiest Property.
Hello Happiest may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”).
You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Hello Happiest Property and Additional Content only in connection with the usage of the Service. Any use of the Service, Hello Happiest Property or Additional Content other than as specifically authorised in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.
User Content and Copyright Policy
You may interact with our yoga instructors through the Service and submit messages and/or other content to the Service (“User Content”). Hello Happiest does not have any duty to monitor any User Content. However, Hello Happiest shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.
You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.
Hello Happiest does not claim ownership to any User Content but You grant to Hello Happiest a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.
Hello Happiest respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Hello Happiest becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
The Service may contain links to websites operated by third parties or feature content which is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Hello Happiest assumes no responsibility for such third-party services and/or content in third-party services.
Hello Happiest premium Service and any Additional Content are purchased via Hello Happiest website.
To access the premium features of Hello Happiest, including (but not limited to) a live option to allow the instructor to see you via the web camera and provide personalised instruction (live classes) and full video library, you will have to pay via a membership plan from Hello Happiest website. Note that if you start with a free trial of premium features, the subscription is automatically charged at the end of the free trial period unless cancelled beforehand.
Renewals and cancellations
Any purchases made are final and non-refundable, but if you feel that the service provided has not been as described please contact firstname.lastname@example.org.
We reserve the right to change our pricing plans at our own discretion. In this case we will try to inform you before any changes so you can modify or cancel your membership before the changes are made. We accept no responsibility for any losses you may incur by failing to change your membership plan after we have informed you of any changes to the pricing plan.
Please note that we may offer limited time promotional prices at our discretion. Those may be also personal offers and not available to everyone.
Furthermore, promotional prices usually represent a one-time discount which is only valid for one purchase, not for any recurring payments. When your Hello Happiest subscription renews itself after your chosen period has ended, the original price will therefore be charged to your account.
Personal Information and Security
You shall give to Hello Happiest correct personal and other information necessary for the use the Service. You shall inform Hello Happiest of any changes to such information.
Hello Happiest shall take appropriate online and physical measures to prevent unauthorised access to, improper use of and the reasonable accuracy of your personal data submitted to Hello Happiest via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Hello Happiest servers is not generally available to the public. However, the use of internet services always includes security risks.
You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Hello Happiest and/or third parties. You agree to not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.
Support and Modifications
Hello Happiest shall have no obligation to provide support or maintenance for the Service under this agreement. Hello Happiest may, at its sole discretion, provide limited technical support for the Service.
You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. Hello Happiest may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.
Service Disclaimer / No Warranty
To the maximum extent permitted by applicable law, except as provided above, Hello Happiest MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.
You agree to defend, indemnify and hold harmless Hello Happiest, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). Hello Happiest reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.
Limitation of Liability
You understand and acknowledge that Hello Happiest will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT HELLO HAPPIEST SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.
HELLO HAPPIEST SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF HELLO HAPPIEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF HELLO HAPPIEST EXCEED THE TOTAL AMOUNT OF THE SERVICE FEES, PAID BY YOU TO HELLO HAPPIEST DURING A PERIOD OF SIX (6) MONTHS PRECEDING THE CLAIM.
YOU SPECIFICALLY ACKNOWLEDGE THAT HELLO HAPPIEST SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE RESTS ENTIRELY WITH YOU.
Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.
Provisioning of the Service and Termination
Hello Happiest shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time.
These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases You will not be entitled to any refund.
These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country.
Hello Happiest may publish additional policies related to specific services. Your right to use such service is subject to those specific policies and the terms.
Disputes and Applicable Law
All disputes relating to the Service and the Terms shall be settled at District Court of Cape Town, South Africa having the sole jurisdiction.
These Terms shall be governed by and shall be construed in accordance with the laws of South Africa excluding its choice of law provisions.
Last updated : 18 May 2020