Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the somaneuro.com.au website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource that you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights
”Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.

Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Victoria, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Victoria, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

hello@thelightpractice.com.au

Code of Conduct

Anti-Harassment Policy

Harassment Against Members of Protected Class

We do not permit managers, employees, teachers, independent contractors, students, or others in the workplace to harass any other person because of age, gender (including pregnancy), race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, genetic information, or any other basis proscribed by law.

Harassment is unwelcome verbal or non-verbal conduct, based upon a person’s protected characteristic, that (i) denigrates or shows hostility or aversion toward the person because of the characteristic and which affects their employment opportunities or benefits; (ii) has the purpose or effect of unreasonably interfering with their work performance; (iii) enduring the offensive conduct becomes a condition of continued employment; or (iv) has the purpose or effect of creating a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Harassment includes epithets, slurs, name-calling, negative stereotyping, insults, intimidation, ridicule, threatening, intimidating or hostile acts, denigrating jokes, and display in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on their protected characteristic. Petty slights, annoyances, and isolated minor incidents may not rise to the level of harassment.

Sexual Harassment in the Workplace
We do not tolerate sexual harassment at The Light Practice. This includes unwanted and unnecessary physical contact; offensive remarks (including unwelcome comments about appearance); obscene jokes or other inappropriate use of sexually offensive language; the display in the studio of sexually suggestive objects or pictures; and unwelcome sexual advances by teachers, students, or other visitors to a studio. Non-physical gestures, behaviour, unnecessary physical contact, verbal suggestion, or innuendo may also constitute sexual harassment. We do not welcome any sexual attention, sexual advances, requests for sexual favours, and other verbal, visual, or physical conduct of a sexual nature when:

(a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual;

(c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or

(d) such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.

Advertising and Public Communications
Teachers shall not make false, deceptive, or fraudulent statements or advertisements concerning:

(i) their training, experience, or competence; (ii) their academic degrees or credentials; (iii) their institutional affiliations; (iv) their classes, workshops, and teacher trainings; (v) the scientific or clinical basis for the success of their services; (vi) their fees; or (vii) statements involving sensationalism, exaggeration or superficiality; or (viii) an intent to exploit a student’s fears or emotions or to create unjustified expectations for cures or results.

Yoga Equity
Teachers shall welcome all students regardless of age, sex (including pregnancy, gender identity and perceived gender expression), sexual orientation, colour, race, national origin, marital status, parental status, religion, physical or mental disability, provided that the teacher has appropriate expertise. Teachers are encouraged to make yoga accessible to everyone.

Grievance Policy

Reporting of Policy Violations
We encourage anyone who has been the subject of sexual misconduct or any other action that violates our policies and Code of Conduct to report the incident to our management. The report should contain the following information:

  • Your full name;

  • Your contact details

  • The name of the person who the grievance is against;

  • A description of the alleged policy violation;

  • The date and location of the policy violation;

  • Names and contact information of any witnesses with first-hand knowledge of the situation; 

  • Any other credible evidence that is available to support the grievance.

All reports must be made in good faith based on information the person reporting the incident reasonably believes to be accurate. We may request additional information from the person reporting the incident throughout the course of review of the report. We will take appropriate action to ensure compliance with our policies. Management will impose any sanctions that it feels are fair, just, and reasonable under all circumstances. We will not allow anyone to retaliate against any person for making a report in good faith or providing information in connection with an investigation into an alleged violation. Any information provided during a grievance report review will be treated on a confidential basis. Similarly, any actions that the taken in response to the report will also be confidential.

Due Process and Procedure
We recognize that our school has an obligation to give a person accused of misconduct a reasonable level of due process. Because the person may lose their job and their reputation may be tarnished, the decision-making process must be fair and objective. Due process in will gather all of the relevant facts surrounding the matter and make a fair and objective decision based on the facts. Management will interview the person who reported the situation, the person who perpetrated the misconduct, and any other people who have direct knowledge about the situation. We will examine all other credible and objective evidence about the situation. After management gathers the facts, we will determine if the allegations are credible. If it is determined that is the case, the reviewing body will decide on the sanctions to impose and then communicate its decision to those involved.

Sanctions
Management will use sound and careful judgment in deciding what type of sanctions to impose. There are four options:

1.     Do Nothing. The facts do not show that the person committed the policy violation

2.     A Warning. The facts show that the person’s actions were minor and that a warning is a fair sanction.

3.     Time Out. The facts show that the person’s actions were serious, and they warrant suspending the person from the studio for a decided amount of time. However, the actions were not so serious that they supported termination of employment. After the “Time Out” period expires, the person can approach the reviewing body to ask to re-commence their teaching activities or allow them to rejoin the community. This body will then determine whether the person has resolved their issues and that it is appropriate for them to return.

4.     4. Dismissal. The facts show that the person’s actions were so serious that they warranted dismissing the person from the studio. The person is dismissed, and their employment or independent contractor agreement is terminated.

Confidential Treatment
Management has an obligation to maintain the confidentiality of all information they may receive in connection with reviewing ethical complaints. This includes any information provided by victims or witnesses in their investigations and any documents, emails, or notes they may gather.

Timeline for Reporting Violations and Complaints
If an individual wants to file a complaint about the possible unethical conduct of a teacher or other person, they shall file the complaint within thirty (30) days after learning of the facts which may establish a potential violation. Complaints filed more than thirty (30) days after the violation of the Code of Conduct occurred may be reviewed at the discretion of the reviewing body.

Dismissal or Acceptance of a Complaint
Upon the receipt of a complaint, TLP will evaluate the complaint to determine if it should be dismissed or reviewed. In making its determination, TLP may obtain and consider information relevant to the matter other than that included within the complaint or provided by the subjects of the complaint. Within thirty (30) days after the receipt of a complaint, the reviewing body will either dismiss the complaint or accept the complaint for evaluation

Rules of Procedure After Acceptance of a Complaint
If management decides to accept a complaint and determine if there has been a violation of school policy, the subject of the complaint will be given written notice of the complaint. The notice shall include information sufficient enough to provide the subject with an opportunity to respond to the complaint. They  will then have thirty (30) days from date of notice to submit a written response to the complaint. The response may contain any information which the subject feels is relevant and responsive to the complaint.

Management may question the parties (and, in its discretion, third parties) and obtain such other information as it shall determine is necessary, relevant and proper, as well as conduct its own investigation into the complaint in its discretion. If the subject of the complaint fails to respond to the notice within the thirty (30) day period, it will constitute sufficient grounds for management to act on the evidence in hand and impose appropriate sanctions.

Determination of Violation
After its evaluation of all information relating to the complaint, management will determine whether a violation of studio policy has occurred. If a violation of policy has occurred, it may impose sanctions. Management will give the subject of the complaint written notice as to its decision on the complaint and the imposition of sanctions, if any.

The subject of the complaint may file a written appeal of the sanctions, setting forth all information relevant to the appeal, within ten (10) days of receiving the notice by sending notice of appeal to management. They will then evaluate the appeal and render a decision on the appeal within seven (7) days. The decision on the appeal shall be final.

Sexual Misconduct
The Light Practice prohibits sexual misconduct in our studio. This includes any unsolicited and unwelcome sexual advance including requests for sexual favours, sexual touching, and verbal, visual, or physical conduct that creates a sexually hostile environment in a yoga class or studio. Teachers may not use sexually suggestive language, gestures, movements, or images in their classes, in their studios, on their websites, or on their social media platforms. Teachers should avoid making comments on their students’ appearance that could be perceived as sexually-oriented or suggesting an attraction. Teachers should avoid making comments that idealize or assume a specific body type or image. If a student tells a teacher that any behaviour is unwelcome and the teacher repeats the behaviour, it may be considered harassment.

Romantic Relationships between Teachers and Students
Teachers shall avoid getting into personal or sexual relationships with students that may result in the impairment of their professional judgment or that may compromise the integrity of their teaching. If a relationship begins to develop, the teacher should bring it to school management. Teachers recognize the inherent imbalance of power in the teacher-student relationship and recognize that romantic relationships with students have the potential of exploiting the trust of students, creating dependent relationships, and compromising the integrity of the teacher. Teachers should avoid acting on, responding to, or allowing sexual contact or romantic attraction with a student, even if the student initiates the relationship. However, if a romantic attraction does begin to develop with a student, teachers should seek guidance from management before acting on the attraction. The managers will then decide how they wish to handle the relationship. For example, it may bless the relationship but establish boundaries to prevent conflicts of interest and other problems. It may also decide that either the teacher or student should leave the studio.

Attendance Policy Template
Our training expects students to be on time for class, after breaks, and after lunch. Faculty need to be told if the student is going to be late.

Students must attend all 200 hours. However, we understand that students can have important commitments outside of the classroom or illness. Should extenuating circumstances impact attendance, students are permitted to miss a max of 4 hours of the program, provided they work with the program director to make up any missed hours. Students are responsible for rescheduling missed hours to make up any course material they have missed.

If a student needs to miss any training session, they must speak to the program director before the beginning of the session. Absences may be made up if we have available teacher trainers and studio openings at the rate of $____ per hour. Students recognize that, if they miss training hours that they have not made up, they will not graduate from the program.

 

Code of Conduct

Purpose Statement
Our Code of Conduct is intended to provide specific standards to cover most situations encountered by our yoga teachers. Its primary goal is the welfare and protection of our students, teachers, yoga community, and the public. It articulates the ethical standards that our teachers must follow. The Code of Conduct is intended to elevate the professionalism and integrity of our yoga teachers by adopting uniform standards for behaviour yet recognizing the diversity of the many traditions of the teaching and practice of yoga.

Financial Practices
Teachers will seek to:

  1. comply with all legal and business requirements that apply to their business;

  2. ensure all advertisements relating to the benefits of yoga are accurate, fair, and not misleading;

  3. treat employees, assistants, students, colleagues, and other wellness businesses fairly, transparently and honestly in the course of all business dealings; and

  4. follow sound environmental and sustainable practices in their professional and personal lives.

Professional Growth/Continuing Education
Teachers should maintain a regular yoga practice. Teachers should commit to the continuous improvement of their professional knowledge and skills through trainings and workshops and any personal courses.

Teacher- Student Relationships
Teachers shall maintain professional relationships with their students. Teachers recognize that the teacher-student relationship involves a power imbalance. Teachers shall avoid any relationship with a student that exploits the student in any way, or that may be used for the teacher’s personal benefit. Teachers shall not engage in harassment, abusive words or actions, or exploit students.

The relationship between a yoga teacher and a student is based on trust. To establish and maintain that trust, teachers must be polite, considerate, and honest in their interactions with their students.

Teachers should practice good communication with their students. Teachers should listen attentively to their students, respect their point of view, beliefs and culture, and should not allow their beliefs and values to adversely influence their relationship with their students. Teachers shall avoid imposing their personal beliefs on their students.

Integrity
Teachers shall uphold the highest of moral standards. Teachers will strive to ensure that their intentions, actions, and speech are based on honesty, compassion, selflessness, trustworthiness, and transparency.

Teachers recognize that the process of learning is never complete, and they should avoid portraying themselves as “enlightened” or “spiritually advanced.” Teachers shall cultivate an attitude of humanity in their teaching and dedicate their work to something greater than themselves.

Scope of Practice
Teacher should represent their qualifications honestly and provide only the services they are qualified and certified to perform. Teachers must not give medical advice. They must not recommend treatment, diagnose a condition, or suggest that a student disregard medical advice. Teachers should refer their students to medical doctors or complimentary licensed professionals when appropriate.

Confidential Information
Teachers shall respect and protect the welfare of all of their students or clients. Teachers shall keep all personal information disclosed by their students or clients strictly confidential. All discussions among teachers concerning students or clients shall be conducted in secure, non-public environments.

Teachers shall not disclose personal information belonging to a student or client except (a) to comply with the law or the order of a court; (b) to prevent bodily harm or danger to the client or to others; or (c) where the information has already been disclosed to the public. Teachers will obtain the consent of students before audio or video recording in class.

Inter-Professional Relationships
Teachers are part of the well-being community and should strive to develop and maintain relationships within the community for the benefit of their students and their own professional development. Teachers shall practice tolerance toward other teachers, schools, and traditions. Teachers shall not undermine a student’s trust in teachings they have received from other traditions, schools or teachers by criticizing such teachings without reasonable cause. If a teacher hears such criticism being made by students or colleagues, he or she must act with the utmost discretion and professionalism in voicing their view on the matter.  

Refund Policy
Upon acceptance into the program, the applicant must pay a deposit of $500 to hold the applicant’s place in the program within seven (7) days of receiving their acceptance.  This deposit is non-refundable under any circumstances.

The training fees are non-refundable. The program will not give any refunds or credits after the training starts. The program reserves the right to cancel any training before it begins. In that case, any payments applicants have made will be refunded in full.

Management reserves the right to offer any one of the following solutions in response to a valid complaint;

1.     In the case of a class or training TLP has cancelled with less than 30 days notice – part or full refund to be determined

2.     In the case of a class or training cancelled by a student – no refund provided, other solutions will be offered, such as account credit or replacement sessions

Retaliation Policy
The Light Practice will not retaliate against anyone reporting a violation of our Code of Conduct or other policies or for participating in an investigation relating to a violation of our Code of Conduct or other policies.

We encourage any person — including employees, non-employees, and students — who believes they have been subject to retaliation to inform a supervisor or manager.