Welcome to The Breath Class

(The Breathing Physio Limited)

(“we”, “our” or “us”).

We provide breathing retraining and movement classes (Services) through https://thebreathclass.mvt.so (The Breath Class App).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES

These Terms and Conditions apply to your use of the website and the Services. By using the Services, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must not use this website or the Services.

We reserve the right to change these Terms and Conditions from time to time, and any updated or amended terms will apply to your use of our website and the Services from the date on which the modified Terms and Conditions are published on the website. It is your responsibility to read and understand these Terms and Conditions, and to review any updated Terms and Conditions when they become available.

1. Your Representations

You represent and warrant that:

You are at least 18 years of age; and
You will use this website and the Services in accordance with these Terms and Conditions.

2. Use of the Services

To use our Services, you must subscribe via the APP at https://thebreathclass.mvt.so/

You may only use the Services for your information and personal use and must not be used in connection with any commercial purposes, except as specifically approved by us in writing.

In consideration for the payment of any licence or subscription fees specified by us (if any), we grant to you the licence to access On-Demand content, subject to these Terms and Conditions, during the subscription period chosen by you on The Breath Class App (Subscription).

Unless otherwise specified on The Breath Class App, the Subscription will be ongoing and renew automatically at the end of each subscription period for such time as you continue to pay all applicable subscription fees, unless and until your Subscription is terminated by you or by us.

If you register for a free-trial or discounted Subscription, when that period ends, the full paid Subscription will begin (unless cancelled).

You may change or cancel your Subscription at any time and your changes will be applied to your next Subscription period.

We may change the fees payable at any time on notice to you, and those fees will apply to any subsequent transition. If you do not accept the change in fees, you must cancel your Subscription and/or cease using the relevant Services before those new fees become effective.

You agree that we may suspend, terminate and/or cancel your registration at any time, for any reason in our sole and absolute discretion, including if you fail to pay your subscription fees, without any liability to you. Upon terminating, suspending and/or cancelling your registration, you will not be permitted to use any features or functionality of The Breath Class App or our Services.

3. The Breath Class Content

All materials on The Breath Class Platform, social media accounts, or as otherwise available to you via the provision of the Services, including but without limitation to videos, images, text, illustrations, trade marks, business names, domain names, copyright, designs and any other intellectual property displayed on or incorporated into the website or the Services (Our Content) is either owned by us or licensed to us.

You must not copy, reproduce, adapt, transmit, distribute, distort, modify or otherwise use Our Content for any purpose or in any way not expressly stated in these Terms and Conditions.

4. Liability

We do not warrant that there will be no interruptions or disruptions to your use of the Services, The Breath Class App, or Our Content, or that the Services, The Breath Class App or Our Content will be free of viruses. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to The Breath Class App or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability. This includes problems caused by third party providers (including, but not limited to, Movement.so).

You acknowledge and agree that, subject to the non-excludable provisions of the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986, and any other non-excludable term implied by law, The Breath Class App and all of our Services are provided on an “as is” basis without warranties of any kind, either express or implied, and we exclude all warranties, representations, and liability of any kind (including in negligence) in connection with the Services and the website.

To the extent that our liability cannot be excluded by law, our liability is limited to the lesser of:
(a) the amount covered by our professional indemnity insurance policy and
(b) the total amount you have paid for the relevant Services.

You agree to indemnify us (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (The Breathing Physio and The Breath Class App Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by The Breathing Physio or The Breath Class App Parties and arising from or in connection with:

(a) your use of and access to the Services;
(b) your breach of these Terms and Conditions or any applicable law;
(c) your breach of anyone else’s intellectual property rights; and
(d) any claim, action, demand or proceedings instituted against us as a result of your use of The Breath Class App or the Services.

You understand that all Services provided by The Breath Class App may involve breathing retraining, movement, and physical activity. Accordingly, you are advised to seek the advice of a physician or qualified healthcare professional before beginning any breathing retraining, movement routine, or using any suggested equipment shown in any of our videos.

All suggestions and comments relating to breathing retraining, equipment use, positions, movements, and instruction are not required to be performed by you and are carried out at your election while participating in the Services. Nothing contained in our Services or on our website should be construed as medical advice or diagnosis.

By voluntarily participating in these Services, you assume all risk of injury. You acknowledge the risks of physical injury, discomfort, or other adverse outcomes associated with physical activity or breathing retraining. It is your responsibility to ensure that by participating in the Services, you will not exceed your limits while performing such activity and that you will only undertake the appropriate level of activity for your skills and abilities.

You understand that, from time to time, we may suggest breathing adjustments, physical movement, or the use of equipment and it is your sole responsibility to determine if any such direction or suggestion is appropriate for your level of skills and abilities, including any physical or mental condition and/or limitation you have.

You agree to consult with a doctor or other medical practitioner prior to participating in the Services.

You acknowledge that you are fully liable for all medical expenses as a result of any injury incurred during your participation in the Services offered and you expressly waive and release any claim that you may have at any time for injury of any kind against us.

5. Compliance with Third Party Licences

The Breath Class App may incorporate components licensed to us by third parties, which may be subject to their own terms and conditions (Third Party Licences).

You agree that your use of The Breath Class App, in addition to these Terms and Conditions, will be governed by any terms and conditions specified by any Third Party Licence that applies to The Breath Class Platform.

6. Jurisdiction

These Terms and Conditions are governed by the laws in force in New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.

If you choose to access the website and/or Services from outside New Zealand, you are responsible for compliance with foreign and local laws.

7. Contact

If you have any questions about these Terms and Conditions or our Services, please feel free to contact us at:

abby@breathingphysio.com