TERMS OF USE

Last updated: October 19, 2021

AGREEMENT TO TERMS

These Terms of Use do constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Yocean Yogi Trading As Ocean Yogi Pty Ltd (“Company, “we”, “us”, or “our”), concerning your access and use of https://www.yoceanyogi.com website plus all other media forms, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that through accessing the Site, you have read, fully understand, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ANY AND ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING ANY AND ALL PARTS OF THE SITE AND YOU MUST PROCEED TO DISCONTINUE USE IMMEDIATELY.

Any supplemental terms and conditions or documents which may be published on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make modifications, changes or edits to these Terms of Use at any time and for any reason whatsoever. By updating the “Last updated” date (as seen above), it is our means of updating you with any changes of these Terms of Use, and you waive any rights to receive any specific notice of each such change. It is your full responsibility to periodically review these Terms of Use to remain fully informed of updates. You will be subjected to, and will be deemed to have been made completely aware of and to have accepted, the changes in any revised Terms of Use through your continued use of the Site after the date such revised Terms of Use are posted.

Any information published whether publicly or privately on the Site is not intended for use or distribution by any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Additionally, persons who choose to access and use the Site from any other locations do so fully by their own initiative and are completely responsible for compliance with their local laws, if and to the extent their local laws are applicable.

The Site is not tailored to be in compliance with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA, etc) so if any of your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in any way that would violate the Gramm-Leach-Billey Act (GLBA).

The Site is prepared for use by persons who are at least 18 years old. Persons below the age of 18 are not recommended to access or use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise clearly indicated, the Site is our proprietary property and all databases, layout, functionality, source code, website designs, audio, music, video, text, photographs, and graphics on the Site (collectively, the “Content) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are published on the Site “AS IS” for your general information and non-commercial use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be sold, copied, reproduced, edited, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that your use of the Site is eligible, we granted you a limited license to use the Site at any time and to download or print a copy of any portion of the Content to which you have legally gained access solely for your personal, non-commercial use. We continue to reserve all rights not expressly granted to you and in and to the Site, the Content and the Marks.

PROHIBITED SITE ACTIVITIES

You cannot utilise the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, whether directly or indirectly, a collection, gallery, compilation, database, or directory without written permission from us.
  2. Trick, steal, defraud, or mislead us and other users in any way, shape or form, especially in any attempt to uncover sensitive account information such as administrator passwords.
  3. Force entry, circumvent, edit, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Utilise any information obtained from the Site in order to manipulate, harass, threaten, abuse, or harm another person.
  6. Create false reports of abuse, fraud or misconduct to our support services.
  7. Use the Site in a manner which is not inconsistent with any applicable local or international laws or regulations.
  8. Use the Site to advertise or offer to sell goods and services.
  9. Upload or transmit (or attempt to upload or to transmit) computer viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), which will interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs alters, or interferes with the ongoing use, features, functions, operation, or routine maintenance of the Site.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, to using any data mining, robots, or similar data gathering and extraction tools.
  11. Modify or delete the copyright or other proprietary rights notice from any Content published on the site.
  12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connection to the Site.
  13. Coerce, harass, annoy, intimidate, or threaten any of our contractors, employees or agents whether previously or currently engaged in providing any portion of the Site to you.
  14. Attempt to bypass any security measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. Transfer, copy, edit or adapt the Site’s software including HTML, CSS and other code.
  16. Reverse engineer, decipher, decompile or disassemble any of the content management system comprising or in any way making up a part of the Site.
  17. Except as may be the expected result of normal search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or off-line reader which accesses the Site, or utilising or launching any unauthorised script or other software.
  18. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

SITE SUBMISSIONS

You agree and acknowledge that all recommendations, comments, questions, suggestions, ideas, feedback or other information regarding the Site (“Submissions”) provided by you through contact forms, direct emails or otherwise to us are non-confidential and will become our sole property. We will own exclusive rights, which includes all intellectual property rights, and shall be entitled to fully unrestricted use and dissemination of these Submissions for any and all lawful purposes, commercial or otherwise, without acknowledgement or compensation to you. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site often contains (or you may be sent via the Site) links to other websites (“Third-Party Websites” as well as articles, infographics, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third-Party Websites and Third-Party Content have not been investigated, monitored, or checked for complete accuracy, appropriateness, or compliance by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, recommendations of, or permitting the use or installation of any Third-Party Websites or any Third-Party Content will not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, are done so at your own risk, and you should be aware these Terms of Use no longer govern. You should revise the applicable terms and policies including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and through other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we may or may not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by you purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or result in any way from Third-Party Content or contact with Third-Party Websites.

DISPLAY ADVERTISERS

Advertisers are allowed by us to display their advertisements or other information in certain areas within the Site, such as sidebar advertisements, pop-ups or banner advertisements through the Ezoic platform. If you are an advertiser, you shall take full responsibility for any advertisements you have provided within the Site and any services provided on the Site or products sold through those advertisements. Additionally, as an advertiser, you represent and warrant that you possess all rights to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We only provide the space and bandwidth to place such advertisements, and we hold no other relationship with advertisers.

ROUTINE SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) actively monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against any and all persons who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

As individual privacy advocates, we care about the data privacy and security for our users. Please review our Privacy Policy: https://www.yoceanyogi.com/privacy-policy. Through access and use of the site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the site is hosted in Australia. If you are accessing the Site from any other country or region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable federal and state laws in Australia, then through your continued use of the Site, you are transferring your data to Australia, and you agree to have your data transferred to and processed in Australia.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING SPECIFIC IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS OF TERMS

We reserve the right to edit, update, or completely remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to keep updated any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any alterations, suspension, or discontinuance of the Site.

We make no guarantees that the Site will be available at all times. We may experience hardware, software, or any other technical issues or need to perform routine maintenance related to the Site, resulting in delays, interruptions, or downtime. We reserve the right to discontinue, change, revise, update, suspend, or otherwise alter the Site at any time or for any reason without any notice to you. You agree that we hold no liability whatsoever for any loss, damage, injury, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any accurate corrections, updates, ore releases in connection therewith.

GOVERNING LAW

These Terms of Use shall continue to be governed by and defined following the laws of Australia. https://www.yoceanyogi.com and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any and all disputes that could arise with the connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or intellectual property claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating any arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.

Binding Arbitration

Disputes which arise out of or in connection with this contract, including any question in relation to its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as part of this clause. The seat, or legal place, of arbitration shall be Brisbane, Australia. The number of arbitrators shall be three (3). The language of the proceedings shall be Australian-English. The governing law of the contract shall be the substantive law of Australia.

Restrictions

The Parties agree that any arbitration is to be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be combined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on each class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Information Negotiations and Arbitration

The Parties agree that the following Disputes will not be subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to protest or enforce, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of misuse, theft, privacy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that Court.

INFORMATION CORRECTIONS

The Site may contain information showing typographical errors, inaccuracies, or omissions, including product descriptions, pricing, availability, country-specific compatibility and various other information. We reserve the right to actively correct any intentional or unintentional errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED TO YOU ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR INITIAL AND ONGOING USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTEND PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY AND ALL WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR RECOMMENDATIONS GIVEN FROM THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH COULD BE TRANSMITTED TO OR THROUGH THE SITE BY ALL THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT ENDORSE, GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, PARTNERS, AUTHORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless, including our subsidiaries, affiliates, and all of our respective offers, contractors, authors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, which includes reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your use of the Site; (2) any breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with him you connected via the Site. Notwithstanding the foregoing, at your expense, we reserve the right, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, again at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the speed, user experience and regular performance of the Site, as well as data relating to your use of the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, And Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

RESIDENTS AND USERS OF CALIFORNIA

Should any complaint with us not be satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210 or (916) 445-2154, or in writing at 1625 North Market Blvd., Suit N 112, Sacramento, California 95834.

MISCELLANEOUS

These Terms of Use as well as any operating rules or policies provided by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Any failure we display in exercising or enforcing any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Any or all of our rights and obligations may be assigned to others at any time and for any reason. We shall hold no responsibility or liability for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. There is absolutely no joint venture, affiliation, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You hereby waive any and all defences you may have based on the electronic form of these Terms of use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT

To resolve complaints in relation to the Site or to receive further information in regards to use of the Site, please contact us at:

Yocean Yogi Trading As Ocean Yogi Pty Ltd
PO Box 947
Southport BC, Queensland 4215
Australia
[email protected]

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