Terms of service

Last Updated: 13 February 2023.

Welcome to MYA Wellbeing.

The MYA Wellbeing website located at myawellbeing.com (the Website), and the MYA Wellbeing App accessible through our downloadable software application (Application) is owned, controlled and operated by MYA World Pty Ltd (ACN 659 411 702) (we, us, our, or MYA).

These terms of use (Terms of Use) apply to use of the Website and the Application (collectively, the Platform) by you (the User, you, or your).

By accessing or using the Platform, you agree to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use this Platform.

We reserve the right to amend these Terms of Use at any time and without notice. By continuing to use the Platform you agree that you accept such changes and that you will be bound by the Terms of Use as varied.

By accepting these Terms of Use, you also acknowledge that you have read our Privacy Notice available at www.myawellbeing.com/privacy-policy/ and to the extent permitted by law, you consent to how we collect, handle and use your personal information in accordance with our Privacy Notice. Where required, we will provide separate notice and request your consent as referenced in the Privacy Notice.

Any questions about these Terms of Use can be directed to hello@myawellbeing.com

USE OF PLATFORM

MYA operates the Platform. The Platform provides on-demand wellness and personal development video classes, such as yoga, meditation, movement, Pilates, stretching and breathwork, or any other content as uploaded to the Platform by us from time to time (MYA Content) to Members of the Platform.
Users may purchase Products (including Memberships to access MYA Content and Gift Vouchers for Memberships) via the Platform.
We reserve the right to introduce additional functions, services, Products and MYA Content on the Platform and to alter or remove existing functions, services, Products and MYA Content at any time without notice to Users.
By accessing the Platform or creating a Member Account, you warrant that you have legal capacity to agree and to be bound by these Terms of Use.
If you are a Consumer, the Products come with Consumer Guarantees under the ACL. If you are a Consumer, nothing in these Terms of Use (including, without limitation, the disclaimers and limitations of liability contained in clauses 9 and 10) is intended to limit or exclude your Consumer Guarantees

LICENCE TO USE PLATFORM

We grant you a Licence to use the Platform subject to these Terms of Use (Licence). We reserve the right to terminate this Licence if you breach the Terms of Use or for any other reason (in our sole discretion).

HEALTH DISCLAIMER

General

By purchasing any Products from our Platform and/or accessing the MYA Content, you agree and acknowledge that:

We are not medical practitioners, health practitioners, psychologists, therapists, or financial advisors;
Any instruction or information presented on the Platform, or in the Products and MYA Content is in no way intended as a substitute for medical or health advice or counselling, nor does it replace professional medical advice, diagnosis or treatment;
The Products and MYA Content are for entertainment, recreational and educational purposes only and may not be suitable to your particular circumstances;
You warrant that you do not have any medical or physical conditions that you are aware of that may affect your ability to safely use the Products or MYA Content;
It is your responsibility, and our recommendation, that you seek relevant independent advice from a medical or healthcare practitioner before using any of our Products and the MYA Content;
You should not use the Platform if your medical or health practitioner advises against it;
If you experience any negative symptoms while using our Platform, Products or MYA Content, you will stop immediately and contact a medical or healthcare professional;
We do not guarantee any results from use of the Products and MYA Content; and
Our Health Disclaimers are not a substitute for advice from a medical or health practitioner, nor a complete list of all possible risks, and it is your responsibility to seek advice on your particular circumstances before using the Platform.

Meditation and breathwork

Meditation and breathwork may cause, among other symptoms, dizziness, fainting, tingling, nausea and trembling.
If you experience any negative symptoms while performing meditation or breathwork, stop the exercise immediately.
We recommend that any person participating in meditation and breathwork consults with a medical or health practitioner before doing so, to determine whether this activity is safe for them.

Inversion Yoga

Inversion yoga should not be practiced by persons with glaucoma, high blood pressure, or other circulatory issues.
Persons with joint problems, neck or back injuries or similar issues should seek advice from a medical or health practitioner before practising inversion yoga and should not proceed to do so if their medical or health practitioner advises against it.
If you experience any negative symptoms while performing inversion yoga, stop the exercise immediately.
We recommend that any person participating in inversion yoga consults with a medical or health practitioner before doing so, to determine whether this activity is safe for them.
Parental Permission and Supervision of Minors
This Platform in not intended for use by children under the age of 16 years old.
Some of the movement, meditation and program classes may not be appropriate for children under the age of 16 years old.
Parental or guardian permission and supervision is strongly recommended for children between the ages of 14 to 18 years old.

MEMBERSHIPS

General

To access some of the functionality of the Platform, including the MYA Content, you must sign up for a Membership and register as a Member by creating an account on the Platform (Member Account).
To register a Member Account, you must provide us your full name, a valid email address, your credit or debit card details (Payment Method), create a unique password (Password).
You are solely responsible for maintaining the confidentiality of your Password; all activities on the Platform using your Member Account, including without limitation all communications, transmissions and obligations; and ensuring that your Member Account details are accurate and up to date, including all contact details and your nominated credit or debit card details for payments.
You must immediately notify us of any suspected misuse of your Password, any unauthorised use of your Member Account.
Your Membership will activate at the date of sign up (Activation Date) and you will be able to access the MYA Content on the Platform unless or until your Membership is cancelled, terminated or suspended in accordance with these Terms of Use.
You must not transfer your Membership or Member Account to any other person or allow access to your Member Account by another person unless expressly authorised by us in writing.

Free Trial

On the Activation Date, you will gain access to a 7-day free trial (Free Trial Period), during which you will not be charged for your access to the Platform.
You may cancel your Membership at any point before the end of your Free Trial Period by logging into your Member Account and managing your Membership under the Subscription and Billing settings.
We reserve the right to terminate your Membership at any point during the Free Trial Period.

Billing Cycle

If you do not cancel your Membership before the end of the Free Trial Period, your paid Membership will commence from the day following the end of the Free Trial Period (First Billing Cycle Date).
If your Membership is a Monthly Membership, your Payment Method:
- Will be charged a monthly fee on the First Billing Cycle Date in advance for the following month; and
- Will continue to be charged a monthly fee on each anniversary of the First Billing Cycle Date (each a Billing Cycle Date) until your Membership is cancelled, terminated, or suspended in accordance with these Terms of Use.
If your Membership is an Annual Membership, your Payment Method:
- Will be charged the annual fee on the First Billing Cycle Date in advance for 12 months; and
- Will continue to be charged the annual fee on each anniversary of the First Billing Cycle Date (each a Billing Cycle Date) until your Membership is cancelled, terminated or suspended in accordance with these Terms of Use.
You can view the Billing Cycle Date for your Membership in the Subscription and Billing settings of your Membership Account.
You acknowledge that your Billing Cycle Date may change if you suspend your Membership at any point.

Price Changes

We may from time to time and in our discretion, vary the prices of the Products (a Price Change).
We will give you a minimum of 30 days notice before a Price Change takes effect to your Membership (Price Change Date) by sending an email to your nominated email account.
If you do not cancel your Membership before the Price Change Date, you will be billed in accordance with the Price Change on your next Billing Cycle Date.

Suspension of Monthly Membership

We offer you the option to suspend (or ‘pause’) your Monthly Membership at any time for a period (Suspension Period) of 30 days, 60 days or 90 days.
If you wish to suspend your Monthly Membership, you must:
- Login to your Membership Account at stream.myawellbeing.com/account/subscription; and
- Click ‘Pause My Subscription’ and select a Suspension Period from the options available.
Your Monthly Membership will recommence at the end of the Suspension Period and the date that your Membership recommences will become the new Billing Cycle Date of your Monthly Membership.
During the Suspension Period, you will not have access to some features and functionality of the Platform, including the MYA Content and we will not charge you the relevant membership fees for that period. However, these Terms of Use will continue to apply. For the avoidance of doubt, Annual Memberships cannot be suspended.

Cancellation of Memberships

You may cancel your Membership by logging into your Member Account and managing your Membership under the Subscription and Billing settings.
If you cancel your Membership before the next Billing Cycle Date, you will have access to your Membership until the next Billing Cycle Date.

Termination of Membership

We reserve the right in our sole discretion to, without prior notice to you, terminate, suspend or refuse to register any Member Account and/or Membership if you breach these Terms of Use, for operational purposes relating to business or for any other reason.

REFUND POLICY

Subject to your rights under the Australian Consumer Law, we do not offer refunds for any Products due to ‘change of mind’.
If you cancel a Membership before the next Billing Cycle Date, you are not entitled to a partial or full refund of any fees paid for that Membership.

GIFT VOUCHERS

You may purchase a Gift Voucher for Products on our Platform.
Gift Vouchers will be delivered via email to the email address nominated at the time of purchase.
When purchasing a Gift Voucher, you agree that it is your responsibility to provide accurate information to us and we are not responsible for or liable to you for any Loss you suffer as a result of you providing inaccurate information.
Subject to the Australian Consumer Law, Gift Vouchers must be used within 3 years of the date of purchase. If a Gift Voucher is not used within 3 years of the date of purchase, that Gift Voucher will expire.

PRICING AND PAYMENT METHODS

Product prices are specified on the Platform. We reserve the right to change Product prices at our discretion and without notice.
Unless otherwise stated, all prices are in Australian Dollars. GST is added to the order total where legally required and you are purchasing within Australia.
While we try our best to fulfil all purchases and, subject to us adhering to our obligations under these Terms of Use, you agree that we have the right to accept, reject or cancel a purchase for any reason at any time.
To purchase Products via our Platform, you must use a valid credit or debit card. We use Stripe, a third party payment processor to process payments. You are responsible for any credit card fees or surcharges that apply to your payment. We may offer other payment methods to you from time to time, in our discretion.

PROMOTIONS

We may offer promotions, sales discount codes and benefits (each a Promotion) from time to time, and you agree that:

Promotions apply to full priced items only;
Only one discount code can be used in connection with a Product;
Discount codes cannot be used in conjunction with any other offer;
Discount codes are not transferable;
Discount codes must be used by the date specified (where applicable);
Promotions cannot apply retrospectively to previous purchase of a Product;
Promotions may be subject to additional terms and conditions as specified on the Platform or otherwise by us; and
We may change, withdraw, cancel or determine the eligibility for any Promotion at any time and without notice, within our sole discretion.

INTELLECTUAL PROPERTY

MYA is an authorised licensee of the ‘MYA’ trade mark in Australia, which is owned by STUDIOSENSE PTY LTD.

We are the exclusive owner of, or otherwise have a licence to use, the Intellectual Property contained in all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Platform and our Products (Platform IP).

You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Platform IP unless you have express prior written authorisation from us. Any unauthorised use of Platform IP by Users is strictly prohibited.

LIABILITY

Australian Consumer Law

Our goods and services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law, ACL) which cannot be excluded by these Terms of Use.
Nothing in these Terms of Use will override your rights as a consumer under the ACL, your Consumer Guarantees or any other non-excludable rights you may have at law.
Please refer to the ACL for your rights as a consumer in relation to the purchase of Products via our Platform.

Limitation of Liability

Subject to the Australian Consumer Law and without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree that your use of, and reliance on, this Platform (including all Products and MYA Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) in connection with any Loss arising out of or in connection with any use of, inability to use, or reliance on, the Platform
We do not make any representations, warranties or guarantees in relation to the supply of goods or services by us via the Platform.

Indemnity

You indemnify us (and our representatives) from and against all Claims and Loss, which may be brought against or suffered or incurred by us (or our representatives) arising out of or in connection with any breach of these Terms of Use by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms of Use.
We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.
Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

PERSONAL INFORMATION

We are committed to the transparent management of your personal information.
In order for you to use our Products and create a Member Account, we will need to collect certain personal information from you.
We agree to take all reasonable steps to protect your personal information submitted to us via the Platform in accordance with our Privacy Notice.

THIRD PARTY LINKS, APPLICATIONS AND DEVICES

The Platform may include links or be integrated with third party applications, websites, and services over which we have no control. Such links or integrations do not indicate any endorsement by us of the third party website or the products and services provided on that third party website, application or service.
You agree that:
- We are not responsible for the availability of, and content provided on, third party websites;
- We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free; and
- We do not guarantee that any third party application or services will be compatible with the Platform.

COMPLAINTS AND DISPUTE RESOLUTION

If you are a Member and have any complaints about us or a dispute with us, in relation to these Terms of Use or a Product (Dispute), you must first act in accordance with this clause 14 before commencing any court or arbitration proceedings other than for urgent interlocutory relief.
The Member must give us written notice of the dispute by adequately identifying and providing details of the Dispute (Dispute Notice) to the following email address: hello@myawellbeing.com. Notwithstanding the existence of a Dispute, both parties will continue to perform their obligations under these Terms of Use.
If a Dispute is not resolved by agreement within 30 business days of us receiving a Dispute Notice, either party may refer the Dispute to confidential mediation to be conducted by an independent mediator appointed by agreement between the parties, or by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation unless otherwise agreed. The costs of the mediator shall be borne equally between the disputing parties.

MISCELLANEOUS

Capitalised words are defined in the Definitions section or otherwise in the body of the Terms of Use.
Where prices shown on the Platform are in Australian dollars, they are inclusive of GST. All prices are subject to change.
We reserve the right to perform maintenance of the Platform (where the functionality of the Platform may not be accessible for a certain period of time) without notice to you.
If we are involved in a sale, merger or other restructuring, we may need to assign our position under these Terms of Use to a third party, which we will have the right to do so in our sole discretion. We will also have the right to assign our position under these Terms of Use in other circumstances.
The rights and obligations under these Terms of Use, which by their nature would reasonably continue beyond the expiration or termination of these Terms of Use, will survive the expiration or termination of these Terms of Use

JURISDICTION AND GOVERNING LAW

The Terms of Use are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms of Use. If any term of these Terms of Use conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

This Platform may be accessed from outside Australia. We make no representation that the Content available through this Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Platform from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

DEFINITIONS AND INTERPRETATION

Definitions

The following definitions apply in these Terms of Use:

ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Annual Membership means a User enters into an agreement with MYA to pay a recurring annual fee for access to the Platform.
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
Consumer is a ‘Consumer’ as defined under the ACL.
Gift Vouchers means a gift subscription of either a one month, three month or annual Membership to the Platform.
Guests means people who visit, view, browse, access or otherwise have limited use of the Platform but who are not Members.
GST contains the meaning given to the term in the GST Act.
GST Act means A New Tax System (Goods and Services) Act 1999 (Cth).
Intellectual Property means all rights conferred under statute, common law or equity, wherever in the world subsisting, in relation to trade marks, copyright, patentable inventions and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, geographical indications of origin, techniques, libraries and databases, Confidential Information, and further includes the right to apply for the registration or grant of any such intellectual property.
Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.
Member means a person who has an active Member Account and Membership.
Member Account has the meaning set out in the Terms of Use.
Membership has the meaning set out in the Terms of Use
Monthly Membership means a User enters into an agreement with MYA to pay a recurring monthly fee for access to the Platform.
Products means the products listed in the Terms of Use and any other products provided by us via or in relation to the Platform from time to time. We reserve the right to at any time, and without notice, introduce additional Products and/or MYA Content on the Platform, and to alter or remove existing Products and/or MYA Content from the Platform.
Representatives means our directors, officers, contractors, employees, consultants, or other affiliates.
Users means Members and Guests.
Website means myawellbeing.com.

Interpretation:

In these Terms of Use, except where the context otherwise requires:

The singular includes the plural and vice versa;
Words such as including or for example do not limit the meaning of the words preceding them;
A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and
An obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally.