website terms and conditions
Effective Date: 1ST June 2022
Welcome to www.theartofbalance.com.au
This Site is owned and operated by Bettina Pfannkuch trading as The Art of Balance – Yoga & Massage (referred to in these terms as “The Art of Balance”, “we”, “us”, and “our”). We are a yoga studio, holistic body work, healing and life coaching service providing our clients with programs, courses, information, ability to sign up to our products and/or services as well us join our mailing list and purchase our products and/or services. Please take the time to read the terms of use that are applicable to the use and enjoyment of this Site and the content made available to you via this Site and our social media channels (“Terms”). These Terms together with our Privacy Policy apply to all site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).
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Consent to site terms
No minors
By using the Site, accessing or purchasing any products or services, you warrant that:
a. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
b. have read and accepted these Terms; and
c. will comply with these Terms.
Changes to these terms
Intellectual property
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, our products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately re-move your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
Links to other websites
Privacy
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
Creating an account
Prices and payment
Cancelation/refund policy
We want you to be 100% happy with your purchase, and consequently, we do provide a 7-day money back guarantee on our programs and courses. In order to qualify, there is an expectation that you will have used your best efforts to actively participate and incorporate any strategies from the course/program. To qualify for a refund, you must within 7 days of purchase email us at bettina@theartofbalance.com.au We will NOT refund where you have failed to submit your request within 7 days of purchase. There are no refunds after 14 days and you will remain responsible for payment of all fees due irrespective of whether you choose to complete the program/course. We will inform you within 14 days of receipt of your request whether a refund is applicable and where we have determined that a refund is due, we will organise prompt payment via our payment provider. Where a refund has been agreed, all access to the program/course will cease and you must immediately cease using any material provided to you as part of the program/course and destroy any copies of such material.
Electronic communications and electronic signatures
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
Disclaimer – Information and advice
The information provided in or through our Site, programs, courses, products and/or services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site, our courses, programs, products and/or services be relied upon as business, financial or legal advice. By referencing any programs, courses, products, or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products, or services.
No guarantees/coaching clients
Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses or using our products and/or services will ensure success. Any success you gain, will be dependent on your own efforts, commitment, motivation, and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or other-wise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, motivation, and participation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any pro-gram, participate in any coaching, or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media, or other advertising), are merely examples of what can be possible.
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Personal responsibility
By participating in any programs, courses, purchasing any products or services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained or learned from your use of this Site, purchase of products and/or services or participation in any programs or courses, considering your own personal circumstances.
Testimonials
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
Prohibited use
In addition to any other prohibitions, you must not, under any circumstances use 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, or state regulations, rules, laws, or local ordinances;
d. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;
e. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
f. infringe upon the rights of any other person’s proprietary rights;
g. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
h. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
Warranties and discalimers
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the programs, courses, products or services including that:
a. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
b. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
c. there is no possibility of failure to store communications or other data.
The use of any programs, courses, products and/or services, requires personal choices and/ or actions that are unique to the individual and any reliance on the content made available on our Site, through our programs, courses, products and/or services are at your own risk.
Limitation and liability
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
Our right to be indemnified by you
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
Breach and termination
The agreement constituted between us by your use of the Site may be terminated:
a. where you breach any provision of these Terms; or
b. at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
Severability
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
Ceasing our website
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Entire Agreement
These Terms (together with our Privacy Policy, Terms and Conditions and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
Governing law and jurisdiction
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
your privacy
Effective Date: 1ST June 2022
Welcome to www.theartofbalance.com.au
This Site is owned and operated by Bettina Pfannkuch trading as The Art of Balance – Yoga & Massage (referred to in these terms as “The Art of Balance”, “we”, “us”, and “our”).
Who we are and how you can contact us.We are Bettina Pfannkuch, trading as The Art of Balance – Yoga & Massage and we are based in Melbourne, Australia. We are committed to protecting your privacy and respect and uphold your rights when you use this Site.
This Privacy Policy applies to the products and services, we provide on our Site https://www.theartofbalance.com.au/ (“Site”) and our social media channels and explains how we collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth) and constitutes part of our Website Terms & Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Instagram, Facebook, or YouTube, that information is governed by the privacy policies on those websites and is not governed by this Privacy Policy. We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage, or transmission of personal data.
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Our role in your privacy
If you are a customer, subscriber or just a visitor on our Site, this Privacy Policy will apply to you.
Our responsibilities
As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.
Your responsibilities
Please read this Privacy Policy and the Website Terms & Conditions.
If you provide us with any data relating to a third party, you confirm that you have the right to authorise us to process that data on your behalf in accordance with this Privacy Policy.
When and how we collect data
From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise we might collect the data automatically. We may also collect data when:
- You purchase a gift card for redemption on our Site;
- You interact with us on social media;
- You complete any sign-up forms, landing pages or send us a direct message via social media or an email to any of our nominated emails;
- You participate in promotions and giveaways or any request for additional data such as customer surveys;
- You accept our cookies and other tracking technologies on any device you use to interact with us; or
- You voluntarily submit your data to us for any reason.
Types of data we may collect (including automatically)
- Contact details (name, address, email)
- Financial Information (bank details when you are making a purchase)
- Data about the products or services you purchase
- Data that identifies you (your IP address, login, browser type, time zone, browser plug ins, geolocation, what operating system and version)
- Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
How and why we use your data and disclosure
Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.
We will use your data for the purposes it was collected and related purposes including:
- To run our Site
- Provide you with products, information and services
- Customer support
- Track your purchase history
- Detect and prevent fraud
- Improve our Site
- Make your experience on our Site more efficient and enjoyable
- Market research e.g. we may contact you for feedback about our products and services
- Provide you with information about events, other products or services or opportunities that may be of interest
- Marketing (with your consent)
- Monitor your compliance with our Website Terms and Conditions
We may disclose your data for the purposes it was collected and also:
- As required by law subject to our obligations
- With your consent
- Within our business
- Send you marketing material (with your consent)
- Process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms)
- Share with third parties to enable us to provide our products and/or services
Google analytics and facebook
We use Google Analytics functions. Our use of Google Analytics may include but is not limited to display advertising and remarketing. You may see our adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve our adverts based on past visits to our Site. When you log onto our Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to us in accordance with this privacy policy.
Turning off cookies
Our Site uses cookies and similar technologies to provide a certain functionality to our Site. You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. If you do decide to turn off cookies, you can continue to use the Site, however, certain services may not work as effectively.
Don't want marketing?
We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved, we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by (a) completing the contact us form on our contact page or by unsubscribing within the email if you have previously subscribed to our newsletter.
What are your rights?
You can exercise your rights at any time by contacting us via the contact page on our Site.
You can access information we hold about you
We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we can’t comply with your request and why.
Inaccurate information
You can contact us to ask us to correct any information we hold about you, that you believe is inaccurate.
Objections to using data fro profiling or automated decisions
We may use your data to determine what products and services are relevant to you (e.g., tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.
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You have the right to be forgotten
You have the right to request for your data to be erased. This means we must delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.
You have the right to make a complaint regarding the use of your data
If you have any complaints regarding how your data is handled, please contact us via our contact page. If you are not satisfied with our response to your complaint, you may seek a review by contacting the Office of the Australian Information Commissioner.
How secure is the data collected?
We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:
- Password access to accounts
- Storing electronic data with reputable third party storage providers who have appropriate security protections
- Limit access to personal information to individuals who need to know
- Using payment providers who are PCI DSS compliant
- We do not store your payment details
Where do we store your data?
We use service providers based in Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.
How long do we store your data?
We will keep your data for as long as we need it, and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it.
Third parties who process your data
We share data with third parties in the following circumstances:
- Other companies in our group of companies, as necessary to operate our Site
- Our suppliers and service providers working for us e.g. payment processors
- Our professional and legal advisors
- Third parties engaged in fraud prevention and detection
- Law enforcement or other government authorities
- Where we have your consent to do so or otherwise where we are legally permitted to do so
- Share with third parties who enable us to provide our products and services which may include:
- payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
- Social media and analytics such as Facebook, Instagram and Google AdWords for purpose of custom audience generation and the development of targeting criteria;
- Other third parties such as Active Campaign and Mail Chimp for processing and holding Data that enables us to ensure you are kept informed of our products and/or services, logins and marketing material, offers, promotions, newsletters and blogs.
Payment security
All our real time credit card authorisations are handled by secure third party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by us or any outside party.
- All transaction data is encrypted for storage within our third party gateway suppliers bank-grade data centre, further protecting your credit card data.
- Our third party gateway provider is an authorised third party processor for all the major Australian banks.
- Our third party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us.
We use third party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is always kept safe and secure. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council. PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.
Age of consent
By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority, and we do not knowingly collect data from anyone under the age of majority.
Cookies and how to block them
We use cookies, this helps us improve the products and services we provide.
What are cookies?
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.
Web Beacons
We may use web beacons (or clear gifs) on our website and in our emails. Meaning that when we send emails, we can track behaviour such as who opened the emails, who clicked the links and collection information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always be able to opt out of any emails we send just click the link in the email that says “unsubscribe”.
Governing Law
This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia.
Updates to our privacy policy
Please make sure to check in on our Privacy Policy periodically, as we may update this Privacy Policy from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy, so you know it’s the latest version.