Terms & Conditions
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
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Interpretation
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The words of which the initial letter is capitalised have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
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For the purposes of these Terms and Conditions:
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where “control” means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Country refers to: Malaysia
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Embody, Unit P-1-16, Plaza Damas, Jalan Sri Hartamas
1 Taman Sri Hartamas, Kuala Lumpur 50490, Malaysia.
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Service refers to the Website.
* Terms and Conditions (also referred as “Terms”) mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service. This Terms and Conditions agreement has
been created with the help of the [Terms and Conditions
Generator](https://www.termsfeed.com/terms-conditions-generator/).
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* Website refers to Embody, accessible from [embody.com.my](embody.com.my)
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgment
==============
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Termination
===========
We may terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven’t purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party’s liability
will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
==========
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
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If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
=======================
Severability
————
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Membership & Indemnity
——
The following section 1 through 3 shall be known as The Agreement.
1. Assumption of Risk
I hereby consent to my participation in yoga classes and all other programs offered by OMOLOGY PLT at Embody. I understand that participation in yoga classes at Embody may result in unavoidable injuries including, but not limited to muscle or other soft tissue strains, sprains and tears, broken bones, and severe injuries such as paralysis, permanent disabilities, or even death from various causes, known and unknown, which include but are not limited to the equipment and the body during certain movements, rotation of the body, and movement of the body in a unique environment.
I am fully aware of the inherent risks involved in yoga, and any and all other activities offered by Embody and the possibility of injury from participating in the aforementioned activities.
2. Release of Liability
In consideration for allowing myself to participate in activities offered by Embody, I, my heirs and assigns, next of kin, and all others acting on my behalf agree to waive any and all rights, claims, damages, actions, causes of action or suits of any kind or nature whatsoever which I have against Embody or any agent, employee, representative or other acting on their behalf and to indemnity for any injuries suffered as a result of engaging in those activities offered by Embody. It is also my intent to release Embody and any agent, employee, representative or other acting on their behalf from liability for ordinary or gross negligent conduct that may occur in the future and agree not to sue.
Should any part or parts of this agreement be held null and void, the gross balance of the gross agreement shall remain valid and maintain its full force and effect. This acknowledgement of risk and WAIVER OF LIABILITY has been read by me and understood completely and signed voluntarily. I am 18 years of age or older.
By agreeing to this I understand that I may injure myself being in the yoga studio. I take full responsibility for my actions and agree to pay for any and all medical bills that might arise from an accident at Embody. This could include, but not limited to stepping off uneven mats and twisting an ankle, broken bones, torn ligaments, spine injuries or even death. This includes outside the building in the parking lot and all surrounding areas.
3. Medical Emergencies.
I fully understand that the staff of Embody, are not physicians or medical practitioners of any kind. With that in mind, I hereby release Embody to render first aid to myself in the event of any injury or illness. I also release Embody to call an ambulance if they are unable to contact myself, the guardian or my nominated next of kin, or if they deem it otherwise necessary due to the severity of the accident. I also hereby agree to pay for such ambulance.
I hereby agree to inform Embody of any medical conditions (mental or physical) or medications they should be aware of, including but not limited to breathing problems, seizures, allergies, Downs Syndrome, dizzy spells, previous neck or spine injuries or conditions, broken bones, high blood pressure, diabetes, autism, epilepsy, heart condition etc.
Waiver
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WAIVER OF LIABILITY
I hereby understand and acknowledge that the yoga classes, training, programs and events held by Embody may expose me to many inherent risks, including accidents, injury, illness, or even death. I assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.
I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.
After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and Embody furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVER AND RELEASE Embody, its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in Embody classes, training, programs and/or events.
I have read and understand this Waiver of Liability. I am aware that this is a waiver and release of liability and I voluntarily agree to its terms.
Ticking the radio button on the class booking webpage represents my signature. It also represents my agreement to the contents of The Agreement [Assumption of Risk, Release of Liability, and Medical Emergency Procedures] and the Waiver of Liability.
Translation Interpretation
==========================
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
=====================================
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
==========
If you have any questions about these Terms and Conditions, You can contact
us:
* By email: contact@embody.com.my