TERMS & CONDITIONS

  1. Acceptance of Terms
  • Binding Agreement

These Terms and Conditions of Use (“Terms of Use”) govern your use of the Re-Awaken Yoga with Samantha Yachimec (“Re-Awaken”) website, any content available through the Re-Awaken website, and any social media channels and related platforms (collectively, the “Website”) and constitute a binding legal agreement between you and Re-Awaken.

  • Acceptance and Agreement

Each time you access the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of these Terms of Use, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. If you do not agree with any of these Terms of Use or our Privacy Policy, then you should not access or use the Website for any purpose.

  1. Use of our Website

You agree not to take any action that may compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties. Re-Awaken reserves the right to terminate or limit your access to the Website for any violation of these Terms of Use, or for any other reason, in the sole discretion of Re-Awaken.

  1. Privacy Policy

Re-Awaken collects, uses and discloses your personal information in accordance with the Re-Awaken Privacy Policy. You hereby consent to Re-Awaken’s collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

  1. Services
  • Discontinuance or Change

Re-Awaken reserves the right without prior notice to discontinue or change specifications and prices on services offered or advertised on the Website.

  •  Incorrect pricing

In the event that a service is listed at an incorrect price for any reason, including a typographical error, Re-Awaken shall have the right to refuse services at the incorrect price, regardless of whether the order or service has been confirmed and/or your credit card charged.

  • Payments

You agree to make timely and full payments to Re-Awaken for any purchased services.

  • Refunds

All purchases are final. Re-Awaken does not offer any refunds for purchased services.

  • No Guarantee as to Results

The Website may refer to testimonials, reviews, case studies, or other feedback relating to its services (collectively, the “References”). The References do not necessarily describe typical results of Re-Awaken’s clients, and are not a guarantee of the results you can achieve by using the Website and/or services provided by Re-Awaken.

  1. Ownership and Permitted Use of the Website
  •  Ownership

The Website, including all of its content, is the property of Re-Awaken and others, and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

  • Permitted Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way without the prior consent of Re-Awaken. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the prior consent of Re-Awaken. 

  • No reproduction

You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Website or services or content or other information or materials of any kind owned by Re-Awaken without the express prior consent of Re-Awaken.

  1. Trademark Information

The trademarks, tradenames, logos and service marks (“Marks”) displayed on the Website are protected by intellectual property rights of Re-Awaken and others in agreement with Re-Awaken or that of other third parties. Any use of any Mark, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

  1. Links With Other Websites
  • Links to Other Sites

For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Re-Awaken, and Re-Awaken has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. The inclusion of any link to an Other Site does not imply endorsement by Re-Awaken of such Other Site, its owner or operator, or any products or services.

  • Links from third-party websites

Re-Awaken has no responsibility or liability for or control over third party websites that link to the Website and/or services, and makes no representation or warranty regarding such third parties, or their websites, content, goods, or services.

  1. Availability and Access to Website

Re-Awaken has the exclusive right to control accessibility, hours of use, features on the Website and any other information found on the Website. Re-Awaken can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. Re-Awaken reserves the right to monitor use of the Website. You acknowledge that temporary interruptions in the availability of the Website may occasionally occur. Re-Awaken will not be held liable for any damages due to such interruptions. 

  1. Disclaimer

RE-AWAKEN DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY RE-AWAKEN TO THE FULLEST EXTENT PERMITTED BY LAW. RE-AWAKEN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RE-AWAKEN WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

  1. User Content
  • Posting User Content

Re-Awaken may from time to time and at its sole discretion post content on the Website that has been submitted to Re-Awaken by a user, including, but not limited to, service reviews or other comments (“User Content”).

  • No Objectionable User Content

Without limiting the generality of the foregoing, Re-Awaken may refuse to post on the Website, or remove from the Website, any User Content that it deems, in its sole discretion, to: (i) be indecent, inappropriate, hateful, tortuous, slanderous, libelous, obscene, profane, lewd, defamatory; (ii) contain third-party materials or otherwise violate or infringe any intellectual property right of any person; (iii) make reference to any commercial/corporate advertising; or (iv) otherwise be objectionable.

  • No Misleading as to Origin

You may not use a false e-mail address, impersonate any person, or otherwise mislead as to the origin of any User Content.

  • Right to Use User Content

You retain the copyright in any User Content and grant Re-Awaken a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content submitted by you. You also grant Re-Awaken the right to use the name submitted by you in connection with User Content, if Re-Awaken so chooses.

  • User Content Representations and Warranties

You represent and warrant that you own or otherwise control all of the rights to User Content submitted by you; that such User Content is accurate; that use of such User Content does not violate these Terms of Use and will not cause injury to any person; and that you will indemnify Re-Awaken for all claims resulting from such User Content. Re-Awaken has the right, but not the obligation, to monitor and edit or remove any User Content. Re-Awaken takes no responsibility and assumes no liability for any User Content.

  • User Content Not Confidential

User Content will not be treated as confidential, and it may be broadly available to other persons, including Re-Awaken and unrelated third parties.

  1. User Feedback

You agree that Re-Awaken has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the Website, phone calls, or otherwise, for the purpose of marketing or promoting Re-Awaken’s Website and/or services.

  1. Indemnification

You hereby agree to defend, indemnify and hold Re-Awaken, its partners, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, successor and assigns harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of your use of the Website, including any breach by you of these Terms of Use.

  1. Refusal of Service

Re-Awaken reserves the right to refuse access to the Website or services to any person or entity in its sole and unfettered discretion including, without limitation, for a violation of these Terms of Use or any other agreement governing use of the Website and/or services.

  1. Governing Law and Dispute Resolution

These Term of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Re-Awaken and you or any other person arising from, connected with or relating to the Website, these Terms of Use or any related matters must be resolved before the Courts of the Province of British Columbia, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.

  1. Changes to these Terms of Use

Re-Awaken may, in its sole discretion, change, supplement or amend these Terms of Use as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend these Terms of Use in any manner.

  1. Other Matters
  • Entire Agreement

These Terms of Use, including any changes made to these Terms of Use from time to time, constitutes the entire agreement between you and Re-Awaken relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Re-Awaken with respect to your use of the Website.

  • Severability

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  • Enurement

The provisions of these Terms of Use will enure to the benefit of and be binding upon each of Re-Awaken and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

  • No Waiver

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

  • Headings

The subject headings of the paragraphs and subparagraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any provisions.

  • Language

The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient redigés en anglais.

Contact Us

If you have any questions regarding these Terms of Use please contact Re-Awaken at [email protected] 

PRIVACY POLICY

Re-Awaken Yoga with Samantha Yachimec (“Re-Awaken”) PRIVACY POLICY 

At Re-Awaken, protecting your personal information is a priority. We are committed to providing our customers with exceptional service. Providing this service includes the collection and use of some personal information about our customers. 

PERSONAL INFORMATION COLLECTED 

When you visit us in person, talk to us online, call us on the phone, or visit our website, we often will collect personal information. We know your privacy is of the utmost importance and Re-Awaken does not and will not disclose trade, rent, sell or otherwise transfer personal information for any purpose other than those set out herein. 

We will obtain the consent of our clients and customers where required and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.  Our privacy commitment includes ensuring the accuracy, confidentiality and security of our clients’ and customers’ personal information and allowing our clients and customers to request access to, and correction of, their personal information.  Individuals are given the opportunity to opt-out of receiving email communications from Re-Awaken by using the unsubscribe mechanisms at the bottom of the emails. All email communications are reviewed regularly in order to ensure compliance with Canada’s anti-spam legislation (CASL). 

CONSENT 

We will obtain client and customer consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent). 

Consent can be provided orally, in writing, electronically, through an authorized representative, or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client or customer voluntarily provides personal information for that purpose.  

We may collect, use or disclose personal information without the client or customer’s knowledge or consent in the following limited circumstances:  

  • when the collection, use or disclosure of personal information is permitted or required by law;
  • in an emergency that threatens an individual’s life, health, or personal security;
  • when the personal information is available from a public source (e.g., a telephone directory);
  • when we require legal advice from a lawyer;
  • for the purposes of collecting a debt;
  • to protect ourselves from fraud; or
  • to investigate an anticipated breach of an agreement or a contravention of law.

RE-AWAKEN LOCATIONS 

When you visit Re-Awaken in person or online we will often ask for information such as full name, phone number, address, and billing information. This information allows us to accurately maintain records regarding your service, billing, and contact information. 

THIRD PARTY PROVIDERS 

We may use the services of third party accounting professionals in carrying out our business operations, and may provide your personal information to them; however, we only share the information necessary for these accounting professionals to perform their role, and require they adhere to the highest possible levels of confidentiality with respect to the use of this information. You may request that we not provide information about you to our accountants.

SECURING PERSONAL INFORMATION

We are committed to ensuring the security of client and customer personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks. We will use appropriate security measures when destroying personal information of clients and customers. We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

PROVIDING CLIENTS AND CUSTOMERS ACCESS TO PERSONAL INFORMATION

Our clients and customers have a right to access their personal information, subject to limited exceptions, such as solicitor-client privilege, for health and safety concerns, or where disclosure would reveal personal information about another individual. A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request. A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the client or customer of the cost and request further direction from the client or customer on whether or not we should proceed with the request. If a request is refused in full or in part, we will notify the client or customer in writing, providing the reasons for refusal and the recourse available to the client or customer.

CHANGES TO THE RE-AWAKEN PRIVACY POLICY 

Our privacy commitment includes maintaining and updating a Privacy Policy which ensures the accuracy, confidentiality and security of our clients and customers personal information. All changes will be posted on re-awakenyoga.ca

QUESTIONS AND COMPLAINTS: THE ROLE OF THE PRIVACY OFFICER

Our Privacy Officer is a designated individual responsible for ensuring that Re-Awaken is compliant with our Privacy Policy and the Personal Information Protection Act. Clients and customers should direct any complaints, concerns or questions regarding Re-Awaken’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client or customer may also write to the Information and Privacy Commissioner of British Columbia.

Contact information for Re-Awaken’s Officer: [email protected]