Terms & Conditions
We have set out below our Terms and Conditions applicable for use of our website, our Products and Services and our privacy policy. Both are designed to be easy to read documents which explain the terms under which you agree to use our website and any Products and Services which we offer, and the policy and procedures we will follow to protect your important personal information.
Terms and Conditions
1. TERMS AND CONDITIONS OF USE
1.1 Thank you for using the website www.myagi.com (Site), and the products, software and services offered by Myagi through the Site (collectively, the Services). The Site is owned, operated and maintained by Myagi (Australia) Pty Ltd ACN 165 890 433 of 18 Bond Street, Abbotsford, Victoria Australia (Myagi or we or us).
1.2 By using the Services and accessing the Site you agree to be bound by these Terms and Conditions and by our Privacy Policy at myagi.com/privacy . Please read these Terms and Conditions carefully as they include important information and set out what we agree to be responsible for and what we require of you.
1.3 Please keep in mind that we may need to modify the Terms and Conditions from time to time as a normal part of our business and therefore you should regularly review them. Your continued use of the Site and our Services constitutes your agreement to these Terms and Conditions and any modifications to them.
1.4 These Terms and Conditions apply whether you access the Site or our Services through a website or application of ours or through a website or application owned or controlled by a related party or a third party.
2. USE AND ELIGIBILITY
2.1 The Site and our Products and Services are only intended for individuals who can form legally binding contracts. By using the Site, Products and/or Services you are representing and warranting that you are over 18 years of age and able to enter into contracts.
2.2 In order to begin using Services, you need to create a profile consisting of the following information: First name, Last name, Email address and Password. Your employer may supplement this with additional information at any time. By creating a profile, you agree to the following terms and conditions:
2.2.1 You assume personal responsibility for your use of the Site, including the use of your profile by others. You agree to use our site for lawful purposes only.
2.2.2 You agree not to share the names, phone numbers, street addresses or otherwise personally identifiable information of any other person with or without their consent.
2.2.3 You agree that the information you provide to the Site is accurate and complete. You agree not to post untrue, inaccurate, out of date or incomplete information.
2.2.4 You will not take any action on the site that infringes or violates the rights of another person, violates the intellectual property rights of another person or entity or otherwise violates the law.
2.3 You must use the Site and our Products and Services in accordance with any policies we apply from time to time and in accordance with all laws and regulations. You must not misuse the Site or Services.
2.4 Your use of the Site and of our Services does not give you ownership of any intellectual property rights in our Site or Services or the content you access. Unless we otherwise allow, or as permitted by law generally, you are not authorised to use content from our Site or Services.
2.5 Our Site and Services display some content that is not ours. That content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so please keep that in mind.
2.6 We cannot monitor content uploaded by you or any other user. If any user or any employer of a user finds any material to be inappropriate, it is that user’s or employer’s responsibility to inform us by emailing dojo@myagi.com.
2.7 We reserve the right to deny you access to, or use of, all or part of the Site or any of our Services, without prior notice, if you engage in any conduct that we believe, in our sole discretion, violates these Terms and Conditions or our rights or the rights of third parties.
3. ACCESS TO TRAINING CONTENT
3.1 Once you have created a profile on our Site, you must identify your employer and request that you are provided with access to the relevant training modules your employer offers.
3.2 Your employer is responsible for granting you access to the relevant training content and may cease any access at any time (for example, when you cease to be employed by them).
4. REWARDS PROGRAM, LINKS AND ADVERTISING
4.1 By completing certain training modules on the Site, you may have the opportunity to earn “Rewards Points”. If you earn any applicable Rewards Points, these points are redeemable from within the myagi platform and other affiliated partners, and may be used to receive a discount on selected products or merchandise.
4.2 Rewards Points may indicate an expiration date. To the extent permitted by law, Rewards Points are void after the expiration date. Availability of products and merchandise for which the Rewards Points may be redeemed are subject to change without notice.
4.3 Myagi does not offer the merchandise or products for which Rewards Points may be redeemed or make any other representation whatsoever about them. If persons choose to redeem Rewards Points for particular merchandise or products, they do so at their own risk and subject to any terms of sale applied by the third party.
5. THIRD PARTY SITES
5.1 Myagi does not recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site or through the Services. You acknowledge that you enter any third party sites at your own risk and that we are not responsible for third party sites and conduct.
6. SOFTWARE MADE AVAILABLE TO YOU
6.1 Any software made available to you through the Site or through our Services is the copyrighted work of us or our suppliers and partners. Your use of the software is governed by the terms of the end user licence agreement (if any) which accompanies or is included with the software. For any software made available that is not accompanied by licence terms, we grant to you a limited, personal, non-transferable licence to use the software for viewing and otherwise using the Site, our Services and for no other purpose.
7. PRIVACY
7.1 Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Site and Services. By using our Site and Services, you agree that we can use such data in accordance with our Privacy Policy, which can be found at myagi.com/privacy .
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 We provide the Site and our Services using reasonable commercial judgement. But there are certain things that we cannot promise about our Site or Services.
8.2 Subject only to clause 8.3 below:
8.2.1 This Site and our Services are provided by Myagi on an “as is” basis without any express or implied warranty of any kind.
8.2.2 The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
8.2.3 Myagi does not warrant that access to or use of this Site or our Services will be uninterrupted or error free or free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components.
8.2.4 Myagi does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or fitness for purpose of: our Services; any material on or accessible through the Site; or the content, software, text, graphics, links, or communications provided on or through the use of the Site or our Services.
8.2.5 Myagi may change any of the material on the Site at any time without notice.
8.2.6 Myagi makes no commitment to update any material on the Site.
8.2.7 You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site.
8.2.8 You are responsible for ensuring that:
8.2.8.1 you have appropriate access to the Site; and
8.2.8.2 you complete the relevant training that your employer requires you to complete.
8.2.9 You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site and our Services or the material on or accessible through the Site or through our Services.
8.2.10 In no event shall Myagi be responsible for paying any wages, salary or making any other payment to you for completing training modules (as this is a private arrangement as between you and your employer) or paying any excess data usage fees or other fees incurred by you as a result of using the Site and our Services.
8.2.11 In no event shall Myagi be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of, or delay or inability to use this Site, our Services, or any information contained in this Site.
8.3 Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of Myagi, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of us, to: 8.3.1 in the case of services, the supply of the services again, or the payment of having the services resupplied; and 8.3.2 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
8.4 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
9. ASSIGNMENT
9.1 These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without Myagi’s prior written consent. You agree that Myagi may automatically assign this agreement to a third party.
10. GOVERNING LAW
10.1 The Conditions are governed by and construed according to the law of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
11. ENTIRE AGREEMENT
11.1 These Terms and Conditions constitute the entire agreement between you and us with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
12. GENERAL
12.1 Myagi shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Myagi, including any form of technological failure or the actions of third parties.
12.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
12.3 The failure by Myagi to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Myagi in respect of any existing or subsequent breach of these Terms and Conditions. Many thanks for making it to the end! Apologies for the length! If you have any questions or comments regarding this website, please send them by electronic mail to dojo@myagi.com or via mail to Myagi at 631 Bridgeway, Sausalito, CA 94965, United States.