Listings – Terms & Conditions

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Please read these Listings Terms and Conditions (“Agreement” or “Listings Terms and Conditions”) carefully before using the services offered by foyht. (“foyht”, “we”, “us”, “the Website”). This Agreement sets forth the legally binding terms and conditions for your use of Foyht’s Yoga & Holistic Therapy Listings Service (the “Listings”). In addition to these Listings Terms and Conditions, your use of the Listings is also contingent upon your acceptance of foyht’s Terms of Service, Privacy Policy, and Community Guidelines . These documents may be found on the Website, and may be updated from time to time at foyht’s sole discretion.

By registering for and/or using the Yoga & Holistic Therapy Listings Service in any manner, you agree to be bound by this Agreement. This Agreement applies to all Listings on the Website. All defined terms used herein shall be solely applicable to this Agreement.

Description of Service

Yoga & Holistic Therapy Teachers, Studios, Retreats & Schools can be listed on the foyht Website and assigned a “Yoga & Holistic Therapy Listing” (A Listing.) A Listing may be claimed by any Yoga & Holistic Therapy Teacher, Studio, Retreat & School and they will then be able to edit and correct the information of the existing Listing in foyht’s database, or, if their business is not yet part of the foyht database, to create a new Listing. A claimed or created Listing is associated with a Profile Page that contains information about the Yoga or Holistic Therapy (generated or approved by the foyht Yoga & Holistic Therapy Listings Manager), as well as Reviews and Ratings (generated by Users of the foyht Website). As part of the features available through the Service, the foyht Yoga & Holistic Therapy Listings Managers can view information and statistics about foyht User interaction with their own Listing, post messages to Users of the Website who have opted to receive such messages by “following” the Listing, post information about Events associated with the Listing, and have their Listing featured or highlighted on specific pages of the Website.

The management of Listings is offered subject to acceptance without modification of all of the terms and conditions contained herein, which terms include all terms of use and other operating rules, policies and procedures that apply to the general use of the foyht Website. foyht reserves the right to modify or terminate the Website and any of its Services for any reason, without notice, at any time. foyht reserves the right to alter these Listings Terms and Conditions or any other Website policies at any time and notify you of material changes by posting notices through the Website. What constitutes a “material change” will be determined at foyht’s sole discretion, in good faith, and using common sense and reasonable judgment.

foyht makes no guarantees as to the effects that may arise from claiming or creating a foyht Yoga & Holistic Therapy Listing, and shall not be liable for any result, or lack thereof, on the business of a Yoga & Holistic Therapy in connection with a Yoga & Holistic Therapy Listing on the foyht Website.

The services offered by any Yogi & Holistic Therapist Listing featured on the foyht Website may be reviewed by registered Users of the Website, whether or not the Listings have been claimed by the owner or authorised Manager of said Listing. By claiming their individual Listing, Yogis & Holistic Therapists can respond to User reviews.

foyht is not responsible for the content of reviews posted by Users, or for any consequences such reviews may have for a specific business. Unless deemed abusive or otherwise inappropriate, foyht will not delete reviews posted by Users. What constitutes an “inappropriate” review will be determined at foyht’s sole discretion, in good faith, and using common sense and reasonable judgment, and as set forth in the Website’s Terms of Service.

Certain features of the Yoga & Holistic Therapy Listings Service and/or certain services and products made available to you on the Website may be subject to payments now or in the future (“Premium Services”). foyht uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Website (your “Billing Account”) for use of the Premium Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. foyht is not responsible for errors by the Payment Processor. By choosing to use Premium Services, you agree to pay foyht, through the Payment Processor, all charges at the prices then in effect for any use of such Premium Services in accordance with the applicable payment terms, and you authorise foyht, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Premium Services will not be provided until payment is received by foyht.

If you have opted for an automatic renewal option, Yoga & Holistic Therapy Listings will be renewed automatically on a monthly (or annual) basis at the then-current standard rates. Current fees will be charged to the credit card on file unless otherwise notified of a cancellation via the appropriate Website interface or in writing. Although foyht may choose to send a reminder email prior to charging a customer for a renewal fee, foyht is not responsible for notifying a customer of this automated renewal. If a credit card is expired or otherwise fails to authorize, the Paid Services will be discontinued. Rates for Yoga & Holistic Therapy Listings may be subject to modifications. foyht will notify Managers of Yoga & Holistic Therapy Listings who have chosen to use foyht’s Premium Services of any change in prices via email.

Agreement

By claiming or creating your Yoga & Holistic Therapy Listing on foyht, you agree to the following:

i. Listings may only be used to promote a yoga or holistic therapy business (practice) which falls into the categories of Yoga & Holistic Therapy Teachers, Studios, Retreats & Schools

ii. You hereby grant foyht the right to display your Yoga & Holistic Therapy Listing information on the foyht Website, partner websites, and in emails that are related to any of foyht’s Services. Failure by foyht to publish any Yoga & Holistic Therapy Listing information does not constitute a breach of contract or otherwise entitle Listing’s Managers to any legal remedy;

iii. You may only administer a Yoga & Holistic Therapy Listing if you are an authorised representative of the business represented in the Listing;

iv. All Content posted on the Listing will be made available to all Users of the Services;

v. You hereby grant foyht permission to publicise your Yoga & Holistic Therapy Listing with foyht;

vi. You may not display any Content on your Listing that is an advertisement or could be construed as an advertisement for anything other than the business promoted in the Listing;

vii. You may not establish terms beyond those set forth in these Listings Terms and Conditions to govern the use of the Listing you administer;

viii. You will not direct your Listing, or any Content on your Listing, to children under the age of sixteen (16);

ix. You will not use deceptive practices to encourage Users to “follow” your Listing;

x. You are responsible for ensuring that your Listing and all its Contents shall comply with all applicable laws, rules and regulations of the locality of the business profiled in the Listing, in addition to these Listings Terms and Conditions, as well as any advertising, marketing, privacy, or other self-regulatory code(s) applicable to the industry, and that it shall not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by foyht at its sole discretion;

xi. You are solely responsible for the content provided on your Listing and any website linked to from such information, and shall indemnify foyht for all losses, costs, and damages in connection with any claims of infringement of any third party rights;

xii. You represent, warrant and covenant to foyht that at all times, (a) you are fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, images, videos, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) you have the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and the execution of this Agreement does not and will not violate any agreement to which you are a Party or by which you are otherwise bound, or any applicable law, rule or regulation; and (d) all links displayed in your Listing lead to Internet site that are controlled by you and operated by you or your independent contractors, are functional and accessible at all times, and are suitable in all respects to be linked to from foyht;

xiii. It is your obligation to submit Yoga & Holistic Therapy Listing information and Content in accordance with foyht’s then existing criteria or specifications (which include content limitations, technical specifications, Terms of Service, Privacy Policy, Community Guidelines , and any other applicable foyht policy);

xiv. Failure to comply with all requirements of these Listings Terms and Conditions may delay or prevent the display of the Yoga & Holistic Therapy Listing and shall give foyht the right to immediately terminate the applicable Listing;

xv. You shall not use, display or modify foyht’s trademarks in any manner without the prior written consent of foyht.

Eligibility

In order to claim a Yoga & Holistic Therapy Listing on foyht, a Manager must be approved by foyht and is subject to the applicable verification process to access the Service. Whether you are claiming an existing foyht Yoga & Holistic Therapy Listing or creating a new one, you represent and warrant that you have the authority to bind the business entity to this Agreement.

foyht may, at its sole discretion and without liability, refuse to offer the Service to any person or entity and change its eligibility criteria at any time, as well as reject, remove and/or cancel any information in Yoga & Holistic Therapy

Listings that contain content or links which do not meet foyht’s specifications. foyht may redesign its Website at its sole discretion and at any time.

Accounts and Passwords

Each Listing Manager must complete the registration process by providing foyht with current, complete and accurate information, as specifically required by the then current registration and verification procedures. You represent and warrant that all registration information you submit is accurate and truthful. The contact and other information you provide will be used to verify your identity and you hereby consent to foyht contacting you directly or through automated means to do so and at their sole discression.

You must keep your account information up-to-date and accurate at all times. Such information must include a valid email address and telephone number. You may not transfer or sell your foyht account to another party. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You shall never use another User’s account without such other User’s express permission. You will immediately notify foyht in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You agree that foyht cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Effective Date

This Agreement is effective upon the date that an existing foyht Yoga & Holistic Therapy Listing is claimed, or a new one is created, and approved by foyht.

Termination of Your Account

a. By foyht: You agree that foyht may, under certain circumstances, without liability and without prior notice, immediately terminate your account, any associated account(s), and restrict your access to any Service indefinitely or for a set period of time. The termination of an account, whether temporary or permanent, may include limitations to accessing any Service(s), but your Yoga & Holistic Therapy Listing, including any Content and Submissions you have made to any part of the Website in the past, will in general not be deleted, and might be deleted at the sole discretion of foyht if you instruct foyht to remove such Content. foyht reserves the right without liability to keep on its public database a basic Yoga & Holistic Therapy Listing for any existing Yoga & Holistic Therapy, even after having received a request for a self-initiated account deletion. Such a Yoga & Holistic Therapy Listing will contain basic information and will be reviewable by registered Users of the Website.

Cause for account termination shall include, but not be limited to, (i) breaches or violations of this Agreement or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service(s) (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Services. Further, you agree that any termination by foyht shall be at foyht’s sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated Content, Submissions, or access to our Service(s).

b. By You: You can request a termination of your Foyht account at any time by {modal feedback}contacting us here{/modal}.

No Right of Survivorship and Non-Transferability: You agree that your account is non-transferable and any rights to your ID, Content or Submissions within your account terminate upon your death.

You may cancel your subscription to foyht Yoga & Holistic Therapy Listing Premium Services, in accordance with the following cancellation policies:

Monthly Subscription: If you request the cancellation of a Monthly Yoga & Holistic Therapy Listing Subscription, the cancellation will take effect at the end of your current monthly billing period. You will not be entitled to any refund of the pre-paid Yoga & Holistic Therapy Listing fee for that period. Monthly Subscriptions can be reactivated at any time.

Free Trial: If you are participating in a free trial of a Premium Service and request cancellation at any time within the free trial period, the cancellation will take effect immediately and you will not be charged any fee. If you request cancellation at any time after the free trial period ends, foyht will apply the cancellation policy as described above.

Cancelling your subscription to foyht Yoga & Holistic Therapy Business Listing Premium Services does not terminate this Agreement but only the portions that are applicable to Premium Services Subscriptions.

Liability, Warranty & Indemnity

Except as otherwise stated herein, foyht makes no warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, or any warranties as to the number of visitors to pages displayed on the foyht website or the functionality, performance, or response times of the foyht website. foyht disclaims and shall not be liable for any other loss, injury, cost or damage suffered by you or any third party and shall in no event be liable for consequential, special or incidental damages, including lost profits. This provision shall survive any expiration or termination of this agreement. In no event shall foyht or any of its affiliates be liable to you for an amount in excess of the total dollar amount actually received by foyht from you for the paid services at issue.

You agree to defend, indemnify and hold harmless foyht and each of foyht’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim in connection with your Yoga & Holistic Therapy Listing.

Special Terms for foyht Widget

If you choose to display the foyht Widget (“Widget”) on your website, the following additional terms apply to you:

1. Subject to your continuous compliance with this Agreement, foyht hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on a website for which you have proper authorisation (“your website”);
2. Your license is subject to the following restrictions on use: (a) you may not obscure or disable any element of the Widget; (b) you may not display the Widget in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by foyht; (c) you may not display the Widget on any site that disparages foyht or its products or services, infringes any of foyht’s intellectual property or other rights, or violates any applicable law; (d) you may not place the Widget on sites that include content that would violate this Agreement if posted on the Service; (e) you may not display the Widget in a manner that does not permit successful linking to the foyht Website or its Services; and (f) you may not insert any intermediate page, splash page or other content between the Widget and the foyht Website.

General Provisions

No joint venture, partnership, employment, or agency relationship exists between you and Foyht. foyht will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. You may not assign its rights hereunder to any third party unless Foyht expressly consents to such assignment in writing, not to be unreasonably withheld. If any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. All notices to foyht relating to any legal claims or matters must be made in writing to:

foyht – FocusOn Yoga & Holistic Therapies

FocusOn Matrix Ltd

Portwell House

Market Place

Faringdon

Oxfordshire

SN7 7HU

e-mail foyht@focusonuk.co.uk

foyht may amend this Agreement at any time, by giving you notification of the amendments via email. Unless otherwise stated in the notification or unless you request cancellation of your Yoga & Holistic Therapy Listing Subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to you. No other amendment, change or modification of any provision of this Agreement or waiver of any of its terms will be valid unless set forth in writing and mutually agreed to by the parties.

March 2014 foyht. All rights reserved.