Terms of Use Last updated: April 2019

By accessing or using the YIPPEE website, the YIPPEE service or any applications (including mobile applications) made available by YIPPEE (together, the “Service”), you agree to be bound by the following terms and conditions (“Terms of Use”). The Service is owned or controlled by YIPPEE Limited (“YIPPEE”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

YIPPEE may change these Terms of Use from time to time. Your continued access or use of the Service constitutes your acceptance of such changes. Your access and use of the Service will be subject to the current version of the Term of Use, rules and guidelines posted at the time of such use.

Through the Services, YIPPEE provides a simple and quick means for registered users who are instructors, event organizers, planners and charitable organizations (“Organizers”) to create event registration, instructor profile, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to all users, visitor or browsers of the Service and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandize related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Service collectively as “Users” or “you”.

The Service

YIPPEE hereby grants you a personal, non-exclusive, non-transferable limited right to access and use the Service where attendees seek to participate in any training, class, workshop, seminar, retreat or activity (together, the “Event”) whether in Product(s) form or otherwise or where a company or entity (“Organizer”) can select to host Events taught or lead by an individual (“Instructors”). Attendees, Organizers, Instructors and visitors to this Site are collectively referred to as users in these Terms.

Attendees can locate Instructors, schedule appointments, communicate with Instructors, and pay Instructors using the Service. Instructors can post Event, schedule appointments, communicate with Attendees, and receive payment using the Service. In the alternative, Attendees may elect to purchase training or other classes as determined by YIPPEE in a Product(s) format. The products offered through the Site are subject to subscription plans as outlined below and may be modified from time-to-tome at YIPPEE’s sole discretion.

The Service and/or Product(s) may only be used to obtain or offer personal training, fitness services and other wellness classes; no other services may be obtained or offered. Instructors are not employees of YIPPEE and YIPPEE is not selecting or hiring any Instructor for any Attendee. YIPPEE may, but is not obligated to, conduct reviews, verifications, and background checks of Attendees and Instructors. Nonetheless, YIPPEE does not have control over the quality, timing or legality of the service and/or product(s) actually delivered by instructors, nor of the integrity, responsibility, or actions of attendees or instructors, and we make no warranties or guarantees about them. YIPPEE may, but is not obligated to, limit or terminate services offered by instructors though the Service and/or Product(s) that YIPPEE determines, in its sole discretion, do not abide by these Terms or do not offer quality or valuable services to Attendees.

Eligibility

The Service and/or Product(s) are offered and available to users who are 18 years of age or older. By using the Service and/or Product(s), you agree that you are of legal age to form a binding contract with YIPPEE or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and/or Product(s). The Service and/or Product(s) are not available to individuals under the age of 18 (‘Minor) unless a parent and/or legal guardian has consented on behalf of said Minor. A consenting parent and/or legal guardian also warrants and represents that they assume all risk(s) and liabilities on behalf on the Minor’s engagement in the Events delivered through the Service. In instances where a Minor engages in one of our digital classes, the parent and/or legal guardian agrees to supervise the Minor in said Product Activity. Moreover, each consenting parent and/or legal guardian acknowledges that they have read and specifically agree to the provisions under the heading below titled "Assumption of Risk, Waiver and Release" as it pertains to the health, safety, and well-being of the Minor. YIPPEE may, in its discretion, refuse to offer the Service and/or Product(s) to any person and change its eligibility criteria at any time. Your right to access the Service and/or Product(s) is revoked where these Terms or use of the Service and/or Product(s) is prohibited and, in such circumstances, you agree not to use or access the Service and/or Product(s) in any way.

Communication

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

Interaction with Users

The Service also functions as a venue to connect users in a virtual information place. As a neutral facilitator, YIPPEE is not directly involved in the actual transactions between users of the Site or the Service. As a result, YIPPEE has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site or the Service. YIPPEE shall have no responsibility to confirm the identity of users. YIPPEE shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site or the Service. You shall at all times exercise common sense and good judgment when dealing with any user of the Site or the Service.

License to Use the Service and Ownership

Subject to your compliance with these Terms, YIPPEE grants to you a limited license to access and use the Service and/or Product(s) during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

You will not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service and/or Product(s) or any part of the Service and/or Product(s) in any manner whatsoever.

You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service and/or Product(s) or any other YIPPEE Products or services, or any modifications or derivative works of any of the foregoing. The Service and/or Product(s) is/are licensed, not sold, to you and is owned by YIPPEE and its licensors. Except as expressly set forth in these Terms, YIPPEE reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other YIPPEE products and services. You agree not to obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service and/or Product(s).

We welcome your comments, feedback, suggestions, and other communications regarding the Site, Service, and/or Product(s) (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you grant to YIPPEE a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit the Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send YIPPEE any Feedback that you do not wish to license to us as set forth above.

Accounts

You may browse the Site without registering, but as a condition to using certain aspects of the Service, you are required to register with YIPPEE and agree that you will provide YIPPEE with accurate and complete registration information (including an email address and a password you will use to access the Service) and keep your registration information accurate and up-to-date. Failure to do so is a breach of these Terms, which may result in immediate termination of your YIPPEE account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.

You agree to complete a User profile ("Profile") which you expressly consent to be shown and displayed to other Users and the public at large unless you change your privacy settings. You represent and warrant that the information you provide to us and other Users of the Services are true, accurate, complete, and will be updated regularly. Any false or misleading Profile information is subject to removal and Account cancellation at the sole discretion of YIPPEE.

You acknowledge that YIPPEE has no obligation to monitor your or any other user's access or use of the Site or the Service or edit any User Content (as defined below). YIPPEE reserves the right, at any time and without prior notice, to refuse registration of, remove or disable an account (temporarily or permanently) in YIPPEE's sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify YIPPEE in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Unless required by law, you agree and acknowledge that your YIPPEE Account is non-transferable and any rights to your YIPPEE Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact YIPPEE Support at talk@YIPPEE.yoga for additional assistance.

Modification

YIPPEE reserves the right, at its sole discretion, to modify the Site or the Service or to modify these Terms, including the fees associated with Events and/or the Service and/or Product(s), at any time and without prior notice. Any such change to fees shall not apply to any Events that have already been reserved by a user at the time of such change. A link to the most current Terms will be available on the YIPPEE home page and we will indicate the date of the "Latest Updated" at the top of the Terms.

Your continued use of the Service and/or Product(s) following the posting of such changes constitutes your acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

Work Relationship Classification

As stated in these Terms, YIPPEE provides a platform whereby Instructors and Attendees can engage in Activities through the Services and/or Product(s). As a result, YIPPEE disclaims any liability for the relationship between Instructors and Attendees. Additionally, YIPPEE does not determine or recommend the employment classification between the Parties.

YIPPEE’s Relationship to the Parties.

YIPPEE's community platform is merely a conduit where well-informed, independent, and discerning individuals may engage in Activities through the Services and/or Product(s) offered through the Site. In that, YIPPEE is not a party to the Events between Instructors and Attendees. Rather, Attendees are free to use our online platform to inquire, shop for, and make independent decisions in selecting an Instructor and/or related Event. Although YIPPEE may feature a given Instructor profile through the Site, each Attendee is free to evaluate, research, and choose the Event and/or Product(s) that best suits their individual needs.

Assumption of Risk, Waiver and Release

By signing up for, attending and/or participating in Events and using the premises, facilities and equipment associated with any Events (individually and/or collectively, the "Facilities"), you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in exercising and performing the events related to the Events and the Service.

You are aware that participating in the Events requires strenuous physical activity, which could include but is not limited to stretching, running, weight training and lifting heavy objects (including lifting heavy objects above one's head), anaerobic exercise, aerobic exercise as well as many other activities that you may be asked to perform while working out with the Instructors. You are also aware that there are risks associated with such physical activity and your participation in the Activities, which include but are not limited to, property damage, illness and bodily injury, including: minor injuries such as scratches, bruises, and sprains; major injuries such as broken bones, eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and catastrophic injuries including paralysis and death. You acknowledge that some of these risks cannot be eliminated. With knowledge of the possible risks, you specifically assume the risk of injury or harm.

You agree and acknowledge that you do not suffer from any medical condition or disease that may in any way hinder or prevent you from fully participating in physical activity and that you have had the opportunity to consult with your primary care physician prior to participating in any Event. You are responsible for judging your own qualifications and for your own safety during the Events and while using any equipment, materials or supplies. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Events, and should not be participating in any Events. You represent that you are qualified to use the equipment provided, and agree to at all times, comply with all rules and verbal instructions given to you by Instructors.

IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN THE EVENTS AND ACCESS THE FACILITIES, YOU: (1) ASSUME FULL RESPONSIBILITY FOR, AND ASSUME THE RISK OF, ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU RELATED TO THE EVENTS AND FACILITIES; AND (2) TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASE, INDEMNIFY, AND HOLD HARMLESS YIPPEE, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY "RELEASEES"), FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE ACTIVITIES AND ACCESSING OR USING THE FACILITIES OR WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, ILLNESS, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.

Links and Third Party Websites

As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that YIPPEE shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.

When you access a non-YIPPEE website, even one that may contain the YIPPEE Logo, please understand that it is independent from YIPPEE, and that YIPPEE has no control over the content on that website. In addition, a link to a non-YIPPEE website does not mean that YIPPEE endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.

Intellectual Property Rights

YIPPEE and the YIPPEE Logo are service marks, trademarks, and/or trade dress of YIPPEE or otherwise proprietary to YIPPEE and may not be used by you for any reason other than as expressly permitted by these terms. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, YIPPEE. You have the right to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of making Event reservations or other personal use. You acknowledge that YIPPEE and/or third-party content providers remain the owners of all Site and Service material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms.

Acceptable Use Policy

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. YIPPEE cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by YIPPEE on or through the Service.

Content Backup

Although YIPPEE makes reasonable efforts to provide proper care and skill in delivering its services and/or Product(s), YIPPEE does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).

YIPPEE Content

The Service contains Content specifically provided by YIPPEE or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms, YIPPEE grants each user a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use in connection with the Service. Any other use, reproduction, modification, distribution or storage of any Content is expressly prohibited without prior written permission from YIPPEE, or from the copyright holder identified in such Content's copyright notice, as applicable.

User Submissions

Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."

By submitting User Submissions on the Site or otherwise through the Service, you grant YIPPEE a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and YIPPEE's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grant to YIPPEE does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with YIPPEE.

You acknowledge and agree that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Conduct, Content and Use Restrictions

As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You are solely responsible for the Content that you post, upload, transmit, publish or display on or through the Service (hereinafter, "post"), or transmit to other users. You will not provide inaccurate, misleading or false information to YIPPEE or to any other user. If information provided to YIPPEE or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the previous sentence, you may not post any Content or use the Service in any way that:

  • is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • intimidates, threatens, or otherwise harasses other users of the Service, or advocates harassment of another person;
  • is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • impersonates any person or entity, including any employee or representative of YIPPEE;
  • includes anyone's identification documents or sensitive financial information;
  • breaches the Privacy Policy and/or any of the other policies you acknowledge herein;
  • imposes or may impose (as determined by YIPPEE in its sole discretion) an unreasonable or disproportionately large load on YIPPEE's (or its third party providers') infrastructure;
  • interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypasses any measures YIPPEE may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • attempts to collect personal information about any other user of the Service or any third party without such user or third party's informed consent;
  • involves commercial activities (whether or not for profit) and/or sales without YIPPEEs prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • infringes any third party's intellectual property rights or privacy rights;
  • otherwise takes any action in violation of these Terms or YIPPEE's guidelines and policies.

YIPPEE has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service.

Photos and Use of Likeness

YIPPEE and its business partners and vendors sometimes take photos and videos at YIPPEE Events, and later use them for promotional purposes. By participating or attending any Event, you agree that you may appear in some of these photos and videos. You authorize YIPPEE and its licensees to use your name, voice and photographic likeness in connection with Site and the Service as well as with the exhibition, reproduction, distribution, publication, public performance, public display, broadcast, and promotion of YIPPEE, without further approval on your part. If you decide to take any photos or videos of attendees at an Event and provide them to YIPPEE, you authorize and grant a perpetual, non-exclusive, royalty free license YIPPEE to use them in the same manner, and represent that the people that appear in you photos and videos also consented to such use.

No Medical or Health Advice

The Site and the Service are not intended to and do not provide health advice, medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. The information provided in, and the Events and services provided through this site, or through linkages to other sites, are not intended to be medical or professional care, and you should not use the Site or the Service in place of a visit, call consultation or the advice of your physician or other healthcare provider. YIPPEE is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through the Site or the Service.

IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 999 (HK EMERGENCY NUMBER) OR YOUR PHYSICIAN. Never disregard medical or professional advice, or delay seeking it, because of something you read on the Site or a linked website or learn through your use of the Service. Never rely on information on the Site or that you learn through the Service in place of seeking professional medical advice. You should also ask your physician or other healthcare provider to assist you in interpreting any information in this Site or in the linked websites, or in applying the information to your individual case.

Limitation of Liability

YIPPEE IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE. IN NO EVENT WILL YIPPEE, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS (COLLECTIVELY THE "YIPPEE PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE YIPPEE PARTIES' AGGREGATE LIABILITY WILL BE LIMITED TO 100 HONG KONG DOLLARS. (ref Taviti: USD200)

In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, YIPPEE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

As a requirement to use our services, you expressly agree to defend, indemnify, and hold YIPPEE and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney's fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that YIPPEE determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another's rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.

Termination

YIPPEE may terminate these Terms at any time without notice, discontinue or remove the Site or any portions thereof or suspend or terminate your access and use of the Site and/or the Service at any time, with or without cause, in YIPPEE's sole discretion. In the event of termination, the intellectual property, disclaimers, releases, arbitration agreement, class action waiver, limitations of liability provisions and any other provisions which by their nature are intended to survive set forth in these Terms will survive.

Dispute Resolution, Arbitration and Class Action Waiver

Introduction

This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

Informal Process First

You agree that in the event of any dispute between you and YIPPEE, you will first contact YIPPEE and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement

After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of YIPPEE's services and/or products, including the Service, or relating in any way to the communications between you and YIPPEE or any other user of the Service, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and YIPPEE. However, this arbitration agreement does not (a) govern any Claim by YIPPEE for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

You agree that the Hong Kong Law governs the interpretation and enforcement of this provision, and that you and YIPPEE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must email a letter requesting arbitration and describing your claim to YIPPEE Limited at talk@YIPPEE.yoga. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC) under its rules including, if you are an individual, the HKIACA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the HKIAC's Supplementary Procedures for Consumer-Related Disputes will not be used. The HKIAC's rules are available at www.hkiac.org.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English/Chinese language. Hong Kong law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the HKIAC's rules.

The arbitrator, and not any Hong Kong court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.

Class Action Waiver

Any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. 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. If for any reason a claim proceeds in court rather than in arbitration, you and YIPPEE each waive any right to a jury trial.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.

Choice of Law

These Terms, the Service, and your use hereof, are governed by the laws of Hong Kong.

Electronic Contracting

You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO YIPPEE ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with YIPPEE, you accept full responsibility for installing required hardware and software.