Our commitment to your privacy

1.1 J-Leigh (we/us/our) respects your privacy. So that you may understand how we deal with your Personal Information, we have set out how and why we collect, hold, use, manage and disclose Personal Information in this Privacy Policy.

1.2 We will update this Privacy Policy from time to time at our discretion. The latest version will be available on this website.

1.3 This Privacy Policy binds our trading entities, related and affiliated companies:

  1. if they are subject to the Privacy Act as a result of a “link” to Australia (as defined in the Privacy Act 1988);
  2. where we provide Personal Information to them to assist us in our business; or
  3. the Privacy Act 1988 otherwise binds them.

1.4 Our business activities and functions include:

a. Providing tuition and guidance of the practice of yoga;

b. Providing motivation for personal improvement;

c. Providing tuition and training in communication, emotional intelligence, and mindfulness;

d. Selling audio and video products that contain our content; and

e. any business activities related to any of these activities.

1.5 This Privacy Policy relates to how we collect, hold, use, manage and disclose Personal Information that we and our trading entities, related and affiliated companies collect in our own name. Where we sell goods to you, our systems are used to hold and process Personal Information, and our merchant service providers (such as PayPal) will also hold and process Personal Information. This information is subject to the privacy policies of our service providers (and not us), and our service providers are responsible for its collection, storage, use, management and disclosure.

1.6 Some of the key phrases that are used in the Privacy Policy include “Personal Information” and “Sensitive Information”. Both of these terms are defined in the Privacy Act 1998 (Commonwealth).

1.7 “Personal Information” is defined to mean information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

1.8 “Sensitive Information” is defined to mean information or an opinion about an individual’s:

  1. racial or ethnic origin;
  2. political opinions;
  3. membership of a political association;
  4. religious beliefs or affiliations;
  5. philosophical beliefs;
  6. membership of a professional or trade association;
  7. membership of a trade union;
  8. sexual preferences or practices;
  9. criminal record;
  10. health information;
  11. genetic information about an individual that is not otherwise health information.

What personal information do we collect and hold?

2.1 We may collect and hold the following types of Personal Information:

  1. name, date of birth and relationship to other individuals (e.g. records of next of kin or contact person for employees);
  2. address, phone number, fax number, email address, Skype address and other addresses/contact details/identifiers used in electronic communications;
  3. voicemails that are left on our telephony system;
  4. information submitted through our website
  5. data referred to under the heading Cookies, Metadata and Site Data Activity in this Privacy Policy;
  6. credit card or details of other payment methods used on our website or to purchase our products and services;
  7. information supplied to us via surveys, competition entry forms, and data collection supplied via websites,;
  8. photographic images of staff, clients and of individuals supplied to us for use in connection with our business activities;
  9. information about enquiries made to us, our suppliers or business associates;
  10. information provided when you raise a support enquiry or when we are working with you to resolve a technical or administrative query;
  11. the content of letters and emails you send to us

2.2 It is not common for us to collect or hold Sensitive Information. The only exceptions to this rule are:

  1. where you voluntarily provide Sensitive Information to us;
  2. where the Sensitive Information is directly linked to the individual’s employment records and our collection, holding and use is permitted by the Privacy Act for the purpose managing the individual’s employment record;
  3. where Sensitive Information is provided to us in connection with the individual seeking employment, contract work, work experience or similar, whether solicited or unsolicited.

How do we collect and hold personal information?

3.1 We collect Personal Information in a number of ways, including:

  1. through our website;
  2. through communications with you, including letters, emails, telephone calls, facsimiles, surveys, competitions and via social media applications;
  3. through communications with others;
  4. in the course of providing our products and services to you, including providing support through our support service;
  5. in the course of our business functions and activities;
  6. through communication which we conduct such as email, microsites, surveys, competitions and customer feedback.

3.2 We hold Personal Information:

  1. in our hard copy files;
  2. in other systems that we use in connection with our business, some of which may be owned and operated by our suppliers;
  3. in the database associated with our website.

3.3 Providing it is lawful and practical, we will give you the option of not identifying yourself, using a pseudonym, or not providing Personal Information when you enter into a transaction or deal with us.

3.4 If you elect not to provide us with Personal Information then we may not be able to provide you with the information, products, services or support that you may want.

3.5 We may receive other unsolicited Personal Information in the course of our business. We will deal with this unsolicited Personal Information in accordance with the Privacy Act 1988.

The purposes for which we use personal information

4.1 We collect, hold, use and disclose Personal Information for the following purposes:

  1. pursuing our business activities and functions;
  2. allowing the technical support personnel to provide assistance to you if needed;
  3. facilitating transactions between you (or other people who you are acting for) and us or between you (or other people who you are acting for) and other people and organisations who are accessible via our website or any other electronic means;
  4. facilitating payment for the purchase of products or services through our website or otherwise. In this case you will be directed to (or we may use to facilitate the transaction) a third party website (a secure internet payment gateway) approved by the relevant financial institution to enter your credit/debit/charge card or other payment mechanism details. This third party may in turn integrate the payment software with a third party payment application provider who assists in managing the payment transaction;
  5. performing any of the features on our website, e.g. contact us or any other data collection form, conducting surveys, competition forms, mail outs, using social media;
  6. statistical analysis of the usage of our website or applications or tools that are accessed via the website;
  7. improving the quality or user experience of our website and our products and services;
  8. direct marketing;
  9. developing or adding additional products and services from us or existing or new people and organisations that are accessible via our website;
  10. training and quality assurance purposes;
  11. administrative purposes;
  12. allowing the technical support personnel to manage our infrastructure, systems, databases other applications or tools;
  13. complying with the law, including privacy legislation.

4.2 We do not provide Personal Information to third parties except as in accordance with this Privacy Policy, any agreement we have with you or as required by law.

4.3 If you have given us your consent to provide you with direct marketing communications we may collect, hold, use and disclose Personal Information in accordance with that consent to enable us to provide you (or other people who you are acting for) information about, and offer you (or other people who you are acting for), products and services.

4.4 If you give us consent to provide you with direct marketing communications we will provide a simple means where you can request not to receive direct marketing communications. You may also request that we do not provide your Personal Information to any of our suppliers or business associates in order for them to provide you with direct marketing communications. If we use a third party source to obtain Personal Information about you for the purpose of direct marketing to you, you may request that we disclose the source of that information. We will respond to any request made under this clause within a reasonable period and at no cost to you.

4.5 You consent to us using any Personal Information that we collect for any one of the purposes in this Privacy Policy for any of the other purposes stated in this Privacy Policy, other than for direct marketing.

4.6 If we sell some or all of our business or its assets then we will transfer any Personal Information to the acquirer as part of that transaction.

Disclosure of the personal information overseas

5.1 We may send Personal Information overseas in the following circumstances:

  1. where one of our trading entities, or related and affiliated contractors assists us with our business activities and functions;
  2. where we have a supplier assisting us with providing assistance with our business activities and functions. We have no control over where these suppliers hold or process their data and it is impractical for us to be able to advise you of the countries where the Personal Information may be held or processed.
  3. where our website, or any hosting service we use to support our managed services, software or software as a service, is hosted by us or a third party, and the hosting facilities and/or the back-up/disaster recovery sites are located overseas. We have no control over where these third party providers host the website and it is impractical for us to be able to advise you of the countries where the Personal Information may be held or processed.
  4. where a third party application is being used in connection with our interactions with you, e.g. when we use email or Skype the third party providers of the relevant application have their applications hosted overseas. We have no control over where these third party providers host their applications and it is impractical for us to be able to advise you of the countries where the Personal Information may be held or processed.

5.2 The countries to which we know the Personal Information may be sent include:

  1. countries where our website and supporting databases are hosted.
  2. administrative support/assistance is allocated

Use of social media

6.1 Our website uses social media including blogs, YouTube, and links to other social media, including Facebook, LinkedIn, Instagram and similar sites. The nature of social media is that these applications actively enable exchange and disclosure of any information, whether personal or otherwise, that is included within those applications. All information, including Personal Information that you enter in those applications may be used, stored, handled and disclosed in any way that is consistent with the privacy policies of the relevant applications, if any. All information that is posted in a blog, twitter feed or other social media in connection with the website should be considered as public information that may be used, copied and adapted by any person for any means and should not be posted unless you are prepared to specifically state what restrictions on use there may be with that information or are prepared to accept that it may be used, copied, adapted, stored, handled and disclosed to any other person in any way

Cookies, Metadata and Site Data Activity

7.1 A cookie is a small piece of computer code which remains on your computer and contains information which helps us identify your browser.

7.2 When you visit our website and applications and tools on it, a cookie may record the authentication to allow your user id to login. We use the information gathered by cookies to identify your web browser so that when you log in on the next occasion your use of the website and other applications and tools on it is easier and faster because the website has remembered your details.

7.3 We also use Google Analytics (from Google Inc) to analyse the use of our website, and Google Analytics places cookies on your computer in order to perform its functions.

7.4 If you do not want us to use cookies then you can easily stop them, or be notified when they are being used, by adopting the appropriate settings on your browser. If you do not allow cookies to be used some or all of the website or other applications or tools on it might not be accessible to you. You may also delete cookies that have been stored onto your computer using the functions in your browser.

7.5 Sometimes information that you upload is provided with associated metadata. If you do not want us to use the metadata you must remove it before uploading it onto the website and other applications and tools.

7.6 We may collect data that is associated with your visit, including the pages your visit, the activities you do, the preferences you make, the applications and tools you use and the purchases you make and the competitions you enter etc. We may also collect information relating to the computer, mobile phone or other device including the device type, the browser, location, IP address and search words used. We may collect, use, disclose and store this information in any of the ways set out in this Privacy Policy.

Links to other websites and applications

8.1 Our website includes links to other websites, applications and tools that are not owned or operated by us. We not responsible for the content of those websites, applications or tools, nor for any products, services or information contained in them or offered through them. You should review the privacy policies and terms and conditions of use of those websites, applications and tools when you visit them. We do not endorse, sponsor, condone or represent the companies or content that is contained in any linked website, and reserve the right to terminate any link or linking program at any time.

How to access and seek correction of your personal information or complain

9.1 If you want to find out what Personal Information we hold on you or you believe any of your Personal Information that is held by us is inaccurate, out of date, incomplete, irrelevant or misleading or it is not necessary for us to continue to hold it, you can contact us, and we will either provide you with access to the Personal Information (in so far as we are required to do so by law,) or we will correct it, as applicable, within a reasonable period. We may make a reasonable charge for giving you access to your Personal Information, but we will not charge for you making the request, correcting Personal Information or making a statement as to why we are not correcting your Personal Information. You can contact us by:

  1.  email at the following email address: info@j-leigh.com.au using the contact us the details provided on our website.

9.2 If you wish to complain about a breach of any Australian Privacy Principle that binds us, a registered privacy code that binds us or this Privacy Policy you should contact us by:

  1. email at the following email address: info@j-leigh.com.au
  2. using the contact us the details provided on our website.

9.3 Any complaint of breach of privacy may be made to: the Owner, Jessica Jasch. We will use our best efforts to respond to any complaint within 10 business days of the date of receipt. We will attempt to resolve your complaint to your satisfaction. If you are not satisfied with how we deal with your complaint you may contact the Australian Information Commissioner, whose contact details can be found at http://www.oaic.gov.au/.

TERMS OF USE

These Terms of Use (‘Terms’) apply to all Members and users of this website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for a membership, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.

1. Definitions

“Content” means any and all material, links, words, images including but not limited to any goods and services on the website.

“Member” means a member to the Services on this website.

“Services” means access to online courses on general business, management, social media, internet and other information delivered via our website and may include consulting services from time to time.

“the website” means www.jlyoga.com.au

“We”, “our” and “us” means J-Leigh and includes all officers, directors, employees, contractors and affiliates.

“You” means a Member or any user of our Services and by doing so, agree to these Terms.

2. Accessing digital products, services and online memberships

In order to gain access to services, products or memberships provided by this site, you need to first fill in your registration. Depending on your choice of product/service/membership plan, you must pay the nominated fee in advance or alternatively provide payment details for the installment plan in order to sign up to our website to receive our courses, newsletters, information and any associated services.

By providing your credit card details, you authorize us and agree to the installment membership fee being automatically deducted from your credit card or other nominated payment method when payment is due unless you or we cancel the membership in accordance with the below Cancellation terms.

3. Agreement for Membership services

When join to our website Services, you acknowledge and agree to the following:

  • You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
  • You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
  • We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information; and
  • You will not transfer, sublicense or grant access to any of our Services to any other person, business or other third party except as agreed in these Terms.

4. Disclaimer

In providing our Services, we are providing you with facts, information, insights and ideas only, in order to assist you in your personal and wellness development. You need to decide what may work best for your own personal or health needs and should make your own assessment after careful consideration of your situation.

We do not have your personal information, medical records, finances, your individual facts or situation in mind when we provide these Services. Our Services are not intended as, nor should they be construed as medical advice and we recommend that you contact a medical professional if you would like information or advice that takes into account your personal and particular physical and mental health situation.

We also do not guarantee that any information in our online courses and services will cure, heal, prevent certain injury, prevent mental illness, or make any guarantee about your health and body. We do, however, provide our experience, insights, perspectives and recommendations in order to assist you to consider options for your health and wellbeing which may have an overall positive impact and help you with your wellness needs. Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.

5. Yoga Practice Disclaimer

In participating in the optional live-stream or pre-recorded yoga classes, activities and associated movement practices you agree to do so at your own risk and are agreeing to the following:

You hereby release Jessica Jasch of J-Leigh and any instructors from responsibility for any injuries you may sustain as a result of participation in the classes or programs presented by Jessica Jasch and J-Leigh – including any online pre-recorded or live-streamed class. You are aware that the instructor cannot see you and may not be able to offer personalised instruction, and therefore agree to assume full reponsibility for any risks, injuries, or damages, known or unknown, which you might incur as a result of participating in the classes or programs offered through J-Leigh. As determined by your health practitioner and yourself, you certify that the level of your physical condition will allow you to safely participate in programs offered by Jessica Jasch of J-Leigh.

If at any time during the practice, you feel discomfort or strain, you are recommended to gently come out of the movement and rest. It is important that you listen to your body, and respect its limits on any given day.

Through your participation you agree that yoga is not a substitute for medical attention, examination, diagnosis, or treatment. You recognize it is your responsibility to notify our team via info@j-leigh.com.au of any serious illness or injury including pregnancy before attempting J-Leigh classes and flows.

By participating in these yoga activities you accept that neither the instructor, nor the hosting facility, is liable for any injury, or damages, to person or property, resulting from the taking of the practice.

6. General

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

7. Links to other websites and spam

The Website includes links to other websites that are operated by third parties. We are not responsible for and do not sponsor, endorse or approve the content or operation of those websites or any products, services or information contained in them or offered by them. You should review the privacy policy and terms and conditions of use of those websites when you visit them.

Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.

8. Cancellation, Refund and Termination

ALL PAYMENTS ARE NON-REFUNDABLE: To date we have had only 100% happy customers and our team will work hard to make sure you get everything you personally need. If you have any concerns or special needs our customer service team is available to work together with you.

In the case of refunds (which only occur on a case by case basis) up to 15% of the original amount paid will be forfeited to cover the expenses of banking and administration fees associated with the transaction.

PAYMENT PLAN OPTION IS NOT “A PAY-AS-YOU GO” OPTION and is designed as an additional support to our customers. The Customer agrees to pay all the instalment amounts at the agreed payment frequency and dates.

WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your membership.

9. Modification of Website and Content

We reserve the right to, at any time, remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

10. Liability

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for injury, loss of physical functions, loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service.

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. Intellectual Property

All custom graphics, images, icons, logos and service names are protected by copyright by Jessica Jasch.

All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You have been provided with a license to use the information and Services only for the purposes notified to you and included in these Terms. Any other use, including but not limited to, commercial use, provision to a third party in whole or in part, or reproduction in any manner, breaches the license provided to you under these Terms and our copyright.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

12. Governing Law

These Terms of Use are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.