Terms Of Use

Owaken Breathwork (“Owaken", “Owaken app”, “Owaken Breathwork Virtual Studio”, "Owaken Team",“us”, “our” or “we”) provides this web site to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which explains how we collect and use information from visitors to our web site (“Visitors”), is incorporated by reference in these Terms of Use. By using our web site (“Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy.

Our website can be accessed from the domain name: http://owaken.com or subdomain http://app.owaken.com

Account Registration

In order to access certain features of the Site you must register to create an account ("Account"). You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.

Free trials

We may provide a free trial subscription for a fixed period of time, as determined by Owaken Breathwork in its sole discretion. Unless otherwise stated by Owaken Breathwork in respect of specific promotions, free trials are only available to new Owaken Breathwork users, and Owaken Breathwork reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.

After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".

General Guidelines

You are wholly responsible for any and all activity related to your account. You warrant and represent that all information that you provide to us or through the Site is accurate, complete and truthful. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

We grant you a limited, non-exclusive, non-transferrable license to view, print and distribute content on the Site for personal, non-commercial purposes. We grant the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content.

We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner.

You are prohibited from transmitting any material on or through the Site that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the Site.

Service Viewing and Transaction Options

Owaken Breathwork may offer the following purchase options through the Owaken Breathwork App and Virtual Studio websites, platforms and applications:

Rental

After paying the stated fee, you may stream the Service an unlimited number of times during the stated rental period.

Purchase

After paying the stated fee, you may stream the Service an unlimited number of times; if offered by the Producer, you may download the Program.

Subscription

For a recurring fee, you may stream the Services offered within a Producer’s subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time.

You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Services via Producer websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

Payments

To make a purchase, you must provide a valid payment method. Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Acceptable Use Policy

In using the Owaken Breathwork Service, you will not:

Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Owaken Breathwork Service or any source code therein;
Attempt to circumvent any technical measures (including digital rights management) that we may employ;
Take any measures to interfere with or damage the Owaken Breathwork Service or Platform;
Use the Owaken Breathwork Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;
Spam or harass The Class or any other user;
Use any fraudulent, deceptive, or misleading practices;
Collect personal information about Producers or other Owaken Breathwork users;
Engage in any commercial activities except as permitted by us; or
Engage in any illegal activities.

No Representations or Warranties

Information provided on the Site may not be complete or accurate. We do not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be liable for any decisions Visitors make based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. We assume no liability or responsibility for any errors or omissions in the content of the Site.

We have not fully reviewed all of the links provided on the Site and are not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.

Owaken Breathwork makes no representations or warranties concerning:

The availability of the Owaken Breathwork Service in a particular jurisdiction.
The availability of the Owaken Breathwork Service for any particular device, platform, operating system, or browser.
The continued support for a particular feature of the Owaken Breathwork Service.
The viewing quality of any service, program or product. Owaken Breathwork does not guarantee that you will be able to use the Owaken Breathwork Service or view any Program or Service uninterrupted or error-free.
The continued availability of any Owaken Breathwork Service or the availability of particular Programs, Services or Products within a subscription channel.

Digital Millennium Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you or any Visitor of our Site believes its copyright rights have been infringed on our Site, the copyright owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

i. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

ii. Identification of the copyrights claimed to have been infringed;

iii. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

iv. Identification of the material that is claimed to be infringing the Complaining Party’s copyright that is to be removed and information reasonably sufficient to permit us to locate such materials;

v. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

vi. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be contacted at the addresses below.

Designated Agent for Claimed Infringement:

Owaken Breathwork: 7 Rotohine Place, Cooloongup, Western Australia, 6168.

E-mail Address: info@owaken.com

You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Claims that intellectual property other than copyright is being infringed should be directed to: Chief Operating Officer, Owaken Breathwork, 7 Rotohine Place, Cooloongup, WA. We may, in our sole discretion, terminate the Accounts of those who are accused of copyright or other intellectual property infringement.

Counter-Notification (For Users)

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following:

1. Your name, address, and telephone number.

2. A description of the material that was removed and the location on the Digital Studio Service where it previously appeared (e.g., the URL).

3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which The Class may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

5. Your electronic or physical signature.

Send your counter-notification to:

Email: info@owaken.com

Offline:

Owaken Breathwork

7 Rotohine Place

Cooloongup

Western Australia, 6168

Attn: Legal Dept. – Copyright Agent

Please note that we will forward any valid counter-notification we receive to the person who submitted the original DMCA notice. That person may elect to file a copyright infringement action against you. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we reserve the right to restore the removed materials. Until that time, your materials will remain removed.

Repeat Infringer Policy

Owaken Breathwork will terminate user accounts that have been the subject of three (3) separate valid DMCA notices that are not withdrawn or subject to a counter-notification that results in the materials being restored. Owaken Breathwork reserves the right to terminate user accounts that are the subject of less than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Owaken Breathwork’s Terms of Service.

Warning

Please make sure that all of the information you provide is accurate. UNDER THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements set forth herein, your DMCA notice or counter-notification may not be processed.

Intellectual Property

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by Owaken Breathwork, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the services or Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law.

All content and images on the Site are either the property of, or used with permission by us. All content and images on the Site are copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without our written permission. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with us.

License to Programs

Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs, products and services that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs, products and services made available within a channel that you have subscribed to during your subscription period.

You may not resell streams or downloads, use any Programs, products and services for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program.

Owaken Breathwork Virtual Studio Service

Subject to the terms hereof, Owaken Breathwork grants you permission to use the Owaken Breathwork Virtual Studio Service, for the purpose of purchasing and viewing Programs for your personal entertainment. All rights not expressly granted by Owaken Breathwork are reserved.

If you download an application that we power (an “app”) that operates on a third party platform (e.g., iOS, Google Play, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Owaken Breathwork and the platform operator (but without creating any obligation by Owaken Breathwork), Owaken Breathwork shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

Your Content

To the extent that you submit any content to Owaken Breathwork, you grant Owaken Breathwork an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. If you provide any feedback about improving Owaken Breathwork, we will have the right to use your feedback without compensation to you. You represent and warrant that any content you submit to Owaken Breathwork does not, and will not, violate any law or any third party’s rights, including any intellectual property rights.

Change or Termination

We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Unsolicited Communications

You agree that any information that you transmit to the Site or us in any manner, is non-confidential and non-proprietary and can be used by us for any purpose. We are free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site for any purpose.

Disclaimer of Liability

Your use and browsing in the Site are at your own risk. Neither we nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Nothing in these Terms of Use shall exclude or restrict Owaken’s liability for: (a) death or personal injury resulting from the negligence of Owaken Breathwork and its services or its Associated Parties (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws; or (d) the indemnities set out in section ‘Indemnification’ and the Post-Pregnancy Program Addendum (where applicable).

We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

We reserve the right to remove any content from the Site or to restrict access to the Site for any reason without notice.

Australia Jurisdiction

We make no representation that the Site is operated in accordance with the laws or regulations of, or governed by, nations other than those of Australia. If you are located outside of Australia, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.

Binding Arbitration And Governing Law

Binding Arbitration with Owaken Breathwork

You and Owaken Breathwork agree that any dispute between you and Owaken Breathwork arising out of or relating to this Agreement or your use of the Owaken Breathwork Virtual Studio Service shall be resolved by BINDING ARBITRATION administered by JAMS.

Waiver of Class Action Claims

By agreeing to arbitrate your claims against Owaken Breathwork, (i) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY (except for matters that may be taken to small-claims court); and (ii) YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

Right to Bring Small Claims Actions

The one exception to the exclusivity of arbitration (whether against Owaken Breathwork) is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.

Arbitration Rules

The arbitration proceeding shall be governed by the then-effective JAMS’ Comprehensive Arbitration Rules or Streamlined Arbitration Rules, depending on the amount in dispute, and JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. You have the right to a fair hearing before a neutral arbitrator and the opportunity to participate in the process of choosing the arbitrator. The arbitrator shall have the right to award all remedies that court may award.

Court Proceedings

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Western Australia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes an action and, to the extent permitted by law, both Owaken Breathwork and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

Governing Law

This Agreement shall be governed by the laws of the state of Western Australia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Commercial Arbitration Act 2012. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Indemnification

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Owaken Breathwork and the Associated Parties including any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:

(a)

your use of, or conduct in connection with, the Owaken Breathwork services, products and programs;

(b)

your breach of these Terms of Use or any other policy;

(c)

the Contributed Content you provide; or

(d)

your violation of any Applicable Laws or the rights of any other person or entity.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us. You will provide Owaken Breathwork and the Associated Parties with any assistance that Owaken Breathwork and the Associated Parties reasonably requests in defending any such action or proceeding.

Notification Procedures

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.

General

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

PREGNANCY, INJURY & PRE-EXISTING HEALTH CONDITION ADDENDUM

These provisions apply when you participate in Owaken Breathwork while pregnant, in post-pregnancy or if you have a pre-existing health condition of any kind (known or unknown). If you do not agree to these provisions, you must not participate in the services, programs and products offered by Owaken Breathwork.

When participating in any of the Owaken Breathwork services, you represent, warrant and acknowledge the following:
(a)
you are participating in Owaken Breathwork entirely at your own risk, and acknowledge that if you make any modifications to the services while participating or if you undertake (while pregnant, post-pregnancy, post-injury or with a pre-existing health condition) any Owaken Breathwork services, you also do so entirely at your own risk. In addition, you understand that, in participating in Owaken Breathwork, there is (amongst other potential health risks), a risk of seizures, fainting, organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in your current state (including post pregnancy or post injury) and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any Owaken Breathwork or exercise as part of the Owaken Breathwork services (including our virtual studio and workshops).
(b)
you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Owaken Breathwork services.
(c)
Owaken Breathwork makes no representation or warranty that any particular Breathwork, fitness, nutrition or health program is suitable, safe or adequate for any particular User. Accordingly, Owaken Breathwork is not aware of and cannot determine your individual suitability for our services. To the maximum extent permitted by Applicable Laws, you will indemnify Owaken Breathwork and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(i)
your participation in Owaken Breathwork; or
(ii)
your breach of any of the provisions of the services and terms of use;
(d)
any information provided by you to Owaken Breathwork in connection with the services we offer, including the fact that you have received medical clearance to participate in the Owaken Breathwork services, is true, and you further acknowledge that Owaken Breathwork has relied on this representation in assuming that you can participate safely in the Owaken Breathwork services such as the Owaken Breathwork Studio; and
(e)
you know that you need to stop breathwork and exercising and seek medical advice if at any time during or after having undertaken any breathwork or exercise as part of the services, you feel generally unwell or experience pain or discomfort, lower back or abdomen pain, excessive dizziness, fainting, seizures, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in Owaken Breathwork service or at any time thereafter).

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. We shall have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with our merger, consolidation or reorganization for the sale of substantially all of our assets.

These Terms of Use contain the entire understanding between you and us relating to the Site and our services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site our services prior to the Effective Date below.

These Terms of Use were last updated on February 22nd, 2021.