TERMS OF SERVICE
This website is operated by GOYOkids. Throughout the site, the terms “we”, “us” and “our” refer to GOYOkids. GOYOkids offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Please read and consider these Terms and Conditions very carefully, as they detail your agreement with GOYOkids (ABN 71 108 360 572 ) whether as a visitor (“Visitor”) or registered, paid subscriber (“subscriber”) of the Website (with Visitors and subscribers collectively referred to as “You”, “Your” and/or “Users”).
Whilst all subscribers have access to the same great kids yoga audiobooks content and information on the Website (the “Content”), there are a variety of different subscription categories and fee structures that apply to Your use of the Website, depending on whether you are applying for:
i) a personal or family subscription (making you an “Individual subscriber”);
ii) a collective subscription for a company, organisation or group (making you a “Group subscriber”), in which case the price of Your subscription will be calculated on the size of Your school or organisation.
All subscribers will be required to provide relevant personal information upon applying to become a subscriber to ensure that they are applying for the correct category of subscription, and paying the right fee – this information is requested and submitted via GOYOkids online sign-up form (the “Specified Information”). For further information regarding the different kinds of subscription available for the Website, see our subscriptions page.
For information regarding the applicable fees for Your subscription category (“Fees”) see our pricing page.
Visitors to the Website are granted access to the Website and its Contents for the purposes of deciding whether to become a subscriber, but are still required to comply with these Terms and Conditions where relevant.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
By accepting these Terms and Conditions, registering as a subscriber of the Website and accessing and/or using the Website and its Contents as a User, you acknowledge and agree that you are entering into a legally binding contract with GOYOkids.
The term of this Agreement shall commence at the time You acknowledge your acceptance of these Terms and Conditions and/or register as a subscriber of the Website, and shall continue unless cancelled or terminated by either You or GOYOkids in accordance with the provisions of this Agreement (the “Term”).
You acknowledge and agree that your registration as a subscriber, continued use of the Website and access to the Content as a User is contingent upon your provision of the Specified information in full, complete and accurate form, as required by GOYOkids.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
It is strictly prohibited to create or share any GOYOkids audiobooks, whether within the GOYOkids website or elsewhere, including content which has been downloaded to a device to be used offline. Any breach of sharing downloaded content from your device or account will lead to your account being shut down with immediate effect.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GOYOkids, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GOYOkids and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of GOYOkids.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21: INTELLECTUAL PROPERTY
a) All Content, information and material featured or included on the Website, including text, graphics, logos, audio and video recordings (including their underlying works) and software are either the intellectual property of GOYOkids, its licensors or the relevant authors, publishers of the featured works. All such materials are protected by national an international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
b) The rights in the name “GOYOkids”, its logo, trade marks and all related intellectual property are expressly reserved by GOYOkids.
c) No Content, logo, trade mark, or copyright material belonging to GOYOkids or featured on the Website, whether registered or unregistered may be used without the prior express permission of GOYOkids.
d) You acknowledge that use of the Content and the Website is limited to the specific, limited usage provided under these Terms and Conditions, and that notwithstanding this Agreement, which covers the private and educational transmission of the Content for approved purposes, you may still require separate licences covering the works and/or sound recordings, incorporated in and/or underlying the Content or on the Website].
e) Except where any loss, liability, claim or demand has been caused or contributed to by a wilful, unlawful or negligent act or omission by GOYOkids or its subsidiaries or affiliates, you agree to indemnify GOYOkids and hold us harmless against any loss or damage arising from a claim by the holder of copyright in any work or subject matter arising from your use of the Content or the Website on the basis that You did not hold an appropriate licence with respect to materials when using those materials. Note: licences for the public performance of a musical work may be obtained from the Australasian Performing Rights Association (APRA); licences for the public playing of a sound recording may be obtained from the Phonographic Performance Company of Australia (PPCA).
f) If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, please contact us at firstname.lastname@example.org
SECTION 22: OBJECTIONABLE MATERIAL
a) Users are expressly prohibited from providing or uploading material to the Website that contains nudity, or obscene, excessively violent, sexually explicit, defamatory, vilifying, prejudicial, inaccurate, inappropriate or otherwise objectionable subject matter, nor shall You use the Content or the Website for any such purpose.
b) If you become aware of misuse of the Website by any person, please contact GOYOkids at email@example.com
SECTION 23: DISCLAIMERS
a) Content, or any other material or information created and posted by GOYOkids, or Users on the Site may contain links to other websites. GOYOkids is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GOYOkids. Inclusion of any linked website on the Website or within the Content does not imply approval or endorsement of the linked website by GOYOkids.
b) When You access these third-party sites, you do so at your own risk. GOYOkids takes no responsibility for third party endorsements that are posted on this Website.
c) GOYOkids is not responsible for the conduct, whether online or offline, of any User of the Website.
d) GOYOkids assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Content or the Website.
e) GOYOkids is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website or Content or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Content.
f) Under no circumstances shall GOYOkids be responsible for any loss or damage, resulting from use of the Website or the Content, any User content posted on or through the Site, or from the conduct of any Users of the Website whether online or offline. The Website and Content are provided on an "as-is" basis as available and GOYOkids expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GOYOkids cannot guarantee and does not promise any specific results from use of the Website or the Content.
g) The Website is controlled and offered by GOYOkids from its facilities in Australia. GOYOkids makes no representations that the Website is appropriate or available for use in other locations. Some Content may not be available to users outside the Commonwealth of Australia, due to copyright restrictions. Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
SECTION 24: LIMITATION ON LIABILITY
In no event shall GOYOkids be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the website or the content, even if GOYOkids has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, goyokids liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GOYOkids during the term of your subscription, if any.
SECTION 25: INDEMNITY
a) Except where any loss, liability, claim or demand has been caused or contributed to by a wilful, unlawful or negligent act or omission by GOYOkids or its subsidiaries or affiliates, you agree to indemnify and hold GOYOkids, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website and the Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
SECTION 26: MISCELLANEOUS
a) This Agreement constitutes the entire agreement between you and GOYOkids regarding the use of the Website and the Content and may not be varied except in a further written instrument signed by the parties.
b) The failure of GOYOkids to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
c) The headings and section titles in this Agreement are for convenience only and have no legal or contractual effect.
d) You may not assign, transfer or otherwise sublicense your rights under this Agreement.
e) GOYOkids reserves the right to amend these Terms and Conditions (together with the Fee and subscription conditions) at any time and without notice. In such instance, GOYOkids will publish the revised Terms and Conditions on the Website. You acknowledge and agree that it is Your responsibility to periodically check the Website to review any such changes.
f) This Agreement shall operate to the fullest extent permissible at law. If any provision or provisions of this Agreement are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from this Agreement, and shall not be deemed to affect the validity and/or enforceability of any remaining provisions.
g) These Terms and Conditions shall be governed and interpreted in accordance with the laws of Victoria, Australia, and the parties hereby agree and submit to the non-exclusive jurisdiction of the Courts of that State.