Buy Art from Yoga Company

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*Terms and Conditions
*Privacy
*Refunds/Cancellations policy
*Pricing policy

THE RECORD OF THE SALE:

The record of sale (which are YOGA COMPANYS' own records which relate to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between YOGA COMPANYS' and any online records or messages provided to you and the record of sale, the record of sale will govern. 

INTERNATIONAL PAYMENT 

HOW TO PAY

You must pay for any Art bought at YOGA COMPANY via Direct Bank Payment. We will only accept Direct Bank transfer.

TRANSFERRING OWNERSHIP TO YOU

All Transaction fees for International Payments will be borne by the customer.

It is your responsibility to ascertain and pay all international duties, custom charges, taxes, charges and tariffs owed to the appropriate government entity or that otherwise need to be paid prior to shipment and/or delivery including any third-party charges necessary to facilitate 

shipment.

YOGA COMPANY does not have access to, or retain any credit card or other payment information details.

You will not own the Artwork until we have received full and clear payment via Direct Transfer of €1890 to this Account or 27,000 for our Entire YogaCompany Collection.

• BANK ACCOUNT - HDFC
• HDFC ACCOUNT NUMBER - 05011000140306
• IFSC Code: HDFC0000501
• HDFC Swift Code  - HDFCINBB
• ACCOUNT TYPE - SAVINGS
• MICRCODE - 400240003
• BRANCH - MISTRY BHAVAN EXTN CTR
• COUNTRY OF ORIGIN  - INDIA
• STATE - MAHARASHTRA
• CITY - MUMBAI
• RECIPIENT ADDRESS - 14, PREM COURT, 
• DINSHAW VACHHA ROAD, 
• CHURCHGATE, MUMBAI 400020
• POST CODE  - 400020
• BENEFICIARY: KANIKA NAGPAL
• EMAIL - SLEEPYMAGGIE@GMAIL.COM

Please contact YOGA COMPANY at

+91 9820536377 for any questions relating to payments

PAYMENTS WITHIN INDIA

You will not own the Artwork until we have received full and clear payment via Direct Bank Transfer to

Bank Account: 

HDFC

IFSC Code: HDFC0000501
Account Number: 05011000140306

Beneficiary
Kanika Nagpal.

You will not own the Artwork until we have received full and clear payment which will be confirmed. and include all shipping and related costs and charges including Loss, Damage and Liability (LDL); and any duties, goods, sales or service tax or VAT. International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). 

We accept Direct Bank Payment on Yoga Company. We cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay before receiving the Artwork even if you want to export and  you need an export license.

PAYMENT METHOD

 Please note that if you pay for your purchase outside the region of the sale, depending on the  account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to, you, please check with your Bank credit card issuer before proceeding.

YOGA COMPANY  Partial payments  or payment for a single Artwork will not be allowed. If you purchase multiple ARTWORKS you may purchase one with one full payment and another with a another full payment but you will need to go through two separate check-outs.

TRANSPORT AND SHIPPING YOGA COMPANY 

TRANSPORT AND SHIPPING

We will ship your purchases that are paid for in full  to the address you provide at check-out, no later than 30 days from conclusion of the contract, unless otherwise explicitly agreed. We are  responsible for shipping expenses, including costs, packing and handling which will be made via Bluedart or DHL.

Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchase at YOGA COMPANY is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchases. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions and you agree to release us from any such liability

PERSONAL INFORMATION

We will hold and process your personal information for use as described in, and in line with our privacy policy  

All payments information relating to the sale are not collected by YOGA COMPANY

- Name and contact details including shipping and billing addresses

- Your IP Address of which you are checking out from

TRANSLATIONS

If we have provided a translation of these conditions of sale, we will use the English language version in deciding any issues or disputes which arise under this agreement.

OUR ABILITY TO CANCEL

In addition to the other rights of cancellation contained in this agreement, we can cancel a sale  if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.

REFUNDS

We are Sorry, No Exchanges will be possible after payment and no refunds will be possible after payment as we have to pay our Staff, Crew and Curators which come first.,

COPYRIGHT

We own the copyright in all images, illustrations and written material produced by or for us  You cannot use them without our written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights. 

CONNECTIVITY AND TECHNICAL ISSUES

The application that enables online bidding is optimized for broadband connectivity (DSL or cable modem). Please note that broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.

EVENTS OUTSIDE THE CONTROL OF YOGA COMPANY  

Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we you or the seller has under these Conditions of Sale which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.

ENFORCING THIS AGREEMENT

If a court finds that any part of this agreement is not valid, or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.

YOUR LEGAL RIGHTS

 YOGA COMPANY offers internet services as a convenience to our clients, but YOGA COMPANY will not be responsible to you for errors or failures to execute payments placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only sale; (ii) a breakdown or problems with the online software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet sales a is a free service and YOGA COMPANY does not accept liability for failing to access the payment site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity.

WAIVER

No failure or delay to exercise any right or remedy provided under these conditions of sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

Please contact YOGA COMPANY at

+91 9820536377 for any questions relating to payments

Thank You.

Best Regards

Yoga Company

1. Proprietary Rights. As between you and YogaCompany, YogaCompany owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and YogaCompany (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
2. Limited License. Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platforms for internal purposes of (a) accessing and viewing the content on the Digital Platforms on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) placing bids or orders (as applicable) for products offered for auction or sale on the Digital Platforms. The Digital Platforms and the services offered on or through the Digital Platforms, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use. The Digital Platforms are not directed to children younger than 13 and are offered only to users 13 years of age or older.
3. Prohibited Use.

Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of YogaCompany or the applicable rights holder.

Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).

As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. Prohibited Use.

Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of YogaCompany or the applicable rights holder.

Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be YogaCompany read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).

As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:

(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

(b) reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;

(c) insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;

(d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;

(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by YogaCompany through any means, including through password mining;

(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of YogaCompany's or any third party's intellectual property or other proprietary or legal rights;

(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;

1. Third Party Websites. The Digital Platforms may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from YogaCompany or any of our affiliates. Examples of such Third-Party Websites include artnet.com, YogaCompany's International Realty, and YogaCompany's Institute of Art. The inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by YogaCompany’s of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by a YogaCompany’s affiliate, or under license from YogaCompany or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.
2. Copyright Agent. We respect the intellectual property rights of others, and require that all who use the Digital Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to YogaCompany's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

(a) Your address, telephone number, and email address;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the alleged infringing material is located;

(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH YOGACOMPANY'S OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS;

(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;

(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED;

(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.

1. LIMITATION OF LIABILITY.

IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE YOGACOMPANY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES YOGACOMPANY OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

1. Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND YOGACOMPANY THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING . ALL DISPUTES IN ARBITRATION WILL BE HANDLED YOGACOMPANY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND YOGACOMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND YOGACOMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

YOU UNDERSTAND THAT YOU AND YOGACOMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.

1. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platforms at any time, and/or block or prevent future access to and use of the Digital Platforms, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.
   

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) and our Privacy Policy, AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or otherwise use the Digital Platforms.

The following Terms of Use are entered into by and between you and YogaCompany (“YogaCompany” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the YogaCompany website at www.yogacompany.com, and the websites for YogaCompany Wine, YogaCompany Diamonds, or any other YogaCompany website on which this is posted (each, a “YogaCompany Website”), whether accessed through the YogaCompany website (desktop or mobile) and/or YogaCompany applications for mobile and tablet devices (collectively, the “Digital Platforms”).

For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of non-auction products through the YogaCompany Digital Platforms will be governed by the applicable Terms of Sale, and your participation in online auctions shall be governed by the Conditions of Sale applicable to the relevant auction. YogaCompany’s consignments and purchases are governed by terms located at www.yogacompany.com.

We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the YogaCompany Websites. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.

1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to a YogaCompany representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
2. 
   

(h) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;

(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party's use and enjoyment of the Digital Platforms;

(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of YogaCompany or any third party; or

(k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.

1. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to YogaCompany, SPTC, Inc., or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by YogaCompany or the applicable Trademark owner.
2. User Information; Account Registration. In the course of your use of the Digital Platforms, you may be asked to provide certain personal information to us ("User Information”), including if you choose to register a user account on the Digital Platforms. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant YogaCompany Privacy Policy which are incorporated herein by reference.

We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

You may register for an account on the YogaCompany Websites. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by YogaCompany and others due to any unauthorized use of your account. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant YogaCompany’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

1. Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read "YogaCompany's" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to YogaCompany’s, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: YogaCompany's,: Website Management.
2. Indemnification. You agree to defend, indemnify on demand and keep YogaCompany and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your use of or reliance on the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, (b) your purchase or use of any products through the Digital Platforms, (c) your placement or transmission of any message, content, information, software or other materials through the Digital Platforms, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
3. Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalogue. Certain products that you bid on, purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such bidding, purchase or download.
4. Third Party Websites. The Digital Platforms may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from YogaCompany or any of our affiliates. Examples of such Third-Party Websites include artnet.com, YogaCompany's International Realty, and YogaCompany's Institute of Art. The inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by YogaCompany of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by a YogaCompany affiliate, or under license from YogaCompany or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability Miscellaneous. . Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of YogaCompany specifically referencing these Terms of Use. Any
5.  waiver of any provision of these Terms of Use by YogaCompany must be made in writing and signed by an authorized representative of YogaCompany and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, YogaCompany's successors, assigns and licensees. There are no third party beneficiaries to this Agreement.
6. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:

YogaCompanygallery@gmail.vom