Termes of Sales / Conditions de Ventes

Créer les conditions de vente pour se protéger un maximum

Exemple Condition Cat Meffan - British Yogi

Terms for the Purchase of Soul Sanctuary Membership by Cat Meffan Limited.

These terms and conditions apply to Services provided by Cat Meffan Limited of 42 Lytton Road, New Barnet, London, EN5 5BY. You may contact us on hello@mysoulsanctuary.co. These terms and conditions apply to the sale of any Soul Sanctuary Membership product. Please read these terms and conditions carefully before purchasing Soul Sanctuary Membership, and print off a copy for your records. For purchases via our website, by clicking on the “Accept” button, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party. “Course Materials” means the information provided by Soul Sanctuary Membership as part of the Services in hard copy or electronic form. “Fees” means the fees paid by you to Cat Meffan Limited for the Service. “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world. “Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely. “Services” means the provision of the Online Course and the Course Materials together with such other services as agreed from time to time and purchased by you through the Website. “Website” means mysoulsanctuary.co. “you” means the individual purchasing the Services.

The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. 2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice. 2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

Purchasing Soul Sanctuary Membership via the Website

3.1. In order to purchase any of the Services on-line, you must register for an account with us via the Website. 3.2. When you place an order for Soul Sanctuary Membership via the Website, you are offering to purchase the Service on these terms and conditions. Cat Meffan Limited reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below. 3.3. Following receipt by us of your order for Service via the Website we will contact you confirming receipt of your order. 3.4. A legally binding agreement between us and you shall come into existence when we have : (a) accepted your offer to purchase the Soul Sanctuary Membership Service from us by sending you an email confirming the purchase (b) received membership payment. 3.5. If joining Soul Sanctuary Membership with the 7-day free trial, you will be required to give your credit card details or PayPal details. Your account will be charged to the Soul Sanctuary Membership on Day 7 of the trial if you do not cancel beforehand.

Cancellation and Variation

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Service being purchased by you and formed a legally binding agreement with you, then you are permitted to cancel your purchase of the Service. 4.2. If you have purchased Soul Sanctuary Membership, and have already accessed, downloaded all or part of the Service and/or started to use that Service, then you shall have no right to receive a refund of your order. 4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of the Service. 4.4. To cancel your membership, click here.

Fees

5.1. The Fees for the Service shall be as set out on the Website at the time you placed an order for them. 5.2. Unless otherwise specified at the time you purchase the Service, the Fees are inclusive of VAT and other local taxes. 5.3. The monthly fee for the Service selected by you on the Website shall be debited from your credit / debit card or Paypal account at the time of purchase. If you sign up of your free trial ends on the 9th of the month and you are charged your monthly payment, your auto-renewal charge will remain on the 9th for each subsequent billing. The same goes for 6-month memberships – if your free trial ends on August 10th 2020, your auto-renewal date will be February 10th 2021. 5.4. Any fees charged by your debit or credit card provider in connection with your purchase of the Service are for your own account and Cat Meffan Limited shall not be responsible for these. 5.5. You shall be responsible for all costs you incur in connection with your access onto any Online Course or service such as Soul Sanctuary membership.

Liability

6.1. No part of the provision of the Service shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of health advice. 6.2. Although Cat Meffan Limited aims to provide the Services to the highest standards of the industry, neither it, nor its practitioners accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement, or (v) any injury or illness incurred whilst taking part in Soul Sanctuary membership videos. 6.3. Subject to clause 6.4 below, Cat Meffan Limited’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen. 6.4. Nothing in this Agreement shall exclude or limit Cat Meffan Limited’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded. 6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, remain, the intellectual property of Cat Meffan Limited whether adapted, written for or customised for the Client or not. 7.2. You are not authorised to:- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission; (ii) record on video or audio tape, relay by videophone or other means the Service given (iii) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Service. Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Service, including but not limited to access of the Soul Sanctuary membership.

Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it. 8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them. 8.3. This clause shall continue notwithstanding termination of these terms and conditions.

Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Service with immediate effect in the event that you: fail to pay when due your Fees; breach of these terms and conditions. 9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

Assignment

Any Service provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

Physical Exercise

11.1. Physical exercise in all of its forms and with or without the use of equipment such as yoga mats, blocks, straps or any other equipment that may be suggested by Soul Sanctuary membership, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. 11.2. Cat Meffan Limited is not a medical organisation and cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, exercises and instruction are not required to be performed by you and are carried out at your election while viewing Soul Sanctuary membership videos or live classes. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. 11.3. By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Soul Sanctuary membership, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. 11.4. You understand that, from time to time Soul Sanctuary membership may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. 11.5. You expressly waive and release any claim that you may have at any time for injury of any kind against Cat Meffan Limited, or any person or entity involved with Cat Meffan Limited, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

Entire Agreement

These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

Data Protection

13.1 The nature of the Service provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use. 13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Service you have purchased and otherwise as required during the normal provision of the course. 13.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Cat Meffan Limited

Notices

You can contact us by: Email: hello@mysoulsanctuary.co

Exemple Nadda.ca

TERMS & CONDITIONS

OVERVIEW This website is operated by Naada Yoga. Throughout the site, the terms “we”, “us” and “our” refer to Naada Yoga. Naada Yoga offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

NAADA YOGA STUDIO REFUND POLICY YOGA CLASSES + MERCHANDISE

All sales for yoga class passes and memberships are final – no refunds. Unused product purchases may be returned with the original receipt in original packaging within 14 days for exchange or credit only – no refunds. Returns are accepted only on products that have not been opened, used or damaged. Introductory memberships, class packages, monthly and annual memberships are not transferable. Payment for products and services by credit card will be processed in Canadian Dollars at the time of payment. Naada Yoga is not responsible for any fees, charges, exchange rates of additional charges levied by individual financial institutions or Credit Card companies.

YOGA WORKSHOPS + PRE REGISTERED SERIES

All sales for workshops and pre registered series are final – no refunds. Payment for these services by credit card will be processed in Canadian Dollars at the time of payment. Naada Yoga is not responsible for any fees, charges, exchange rates of additional charges levied by individual financial institutions or Credit Card companies.

Missed workshop days or pre-registered series are credited if the studio is informed at least 48 hours in advance of the workshop or first day of series dates.

TEACHER TRAINING

A non-refundable deposits of $250 is required for enrollment in all Naada Yoga Teacher Training programs and modules.

SECTION 1 – ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy (coming soon).

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Naada Yoga, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Naada Yoga and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 5540 Ave Casgrain, Montreal, QC, H2T 1X2, Canada.

SECTION 19 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION Questions about the Terms of Service should be sent to us at reception@naada.ca.

Exemple The House of Yoga

TERMS & CONDITIONS:

In the Terms and Conditions the following definitions apply: “Company” means The House of Yoga (London) Limited (trading as The House of Yoga). “Studio User” means any person that has purchased or made use of one of our yoga packages. “Studio” means any and all of the physical spaces that are occupied and part of The House of Yoga, this includes yoga studios, reception and sitting area, change rooms, corridors, office, and all storage and team areas “Yoga packages” means any item that provides the client with access to our products/services or studio facilities. “Products/services or studio facilities” means any of the yoga studios open to, or products/services offered to clients of the company as published on our website(s). “Terms and Conditions” are as defined here. “Website” means www.thehouseofyoga.co.uk or affiliated websites. The Terms and Conditions are incorporated into the online booking system. The Company reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the studio and the conduct of members. Any such changes will be published on our websites and, until revoked, are binding on members. The Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

STUDIO BOOKING, ARRIVAL & LATENESS POLICY:

Classes can be booked online up to two weeks in advance We recommend arriving at the studio 15 minutes before class. However, we know this is not always possible. We ask that you arrive at the studio a minimum of 5 minutes before your class begins. If you are not at the studio and signed in for class 5 minutes before your class and there is a waitlist your spot may be offered to another yogi On arrival at the studio it is of the utmost importance that you check-in for your class at reception either using the iPads or with one of our team. For health & safety reasons we need to know when you have arrived in the building and have this recorded Once the class has started, no late arrivals will be permitted to enter the class

LATE CANCELLATION/NO SHOW POLICY:

Refer to our Booking Policy here

AGE RESTRICTIONS:

If you are 16 and above you are able to attend any of our classes, workshops and programmes Those aged 13 and over are permitted into classes with a parent or guardian present in the class with them Anyone under the age of 13 is unable to participate in public classes, workshops and programmes at The House of Yoga All children under the age of 16 years are the responsibility of the accompanying adult when in the Studio premises

STUDIO CAPACITY:

Buddha Studio has a maximum capacity of 40 yogis and Ganesh studio has a maximum capacity of 28 yogis capacity is currently reduced during the Coronavirus pandemic Please respect our team when we tell you that a class is full and know that we will do our best to get you into a class, however, if you have not booked in advance we cannot guarantee a spot for you

SHOP POLICY:

The House of Yoga will credit or exchange all sales of goods within 7 days from purchase with a valid receipt if they are unused and in saleable condition excluding sale items Yoga mats, grip towels & underwear can only be returned if they are in their original packaging and unused

OPENING HOURS & TEACHING SCHEDULE:

The House of Yoga (London) Ltd reserves the right to vary the class schedule and studio opening hours. These changes to the schedule will be published on the timetable online. A Member is welcome to use the Studio’s facilities. The Studio may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

CANCELLATION:

In the event of the Company cancelling a Retreat/Workshop/Training Programme we will refund Members all deposits and payments they have paid. We cannot however compensate Members for airfare or travel costs incurred. In the unlikely event that we must cancel a Retreat/Programme due to force majeure (including but not limited to; weather, natural disaster or political upheaval) we cannot guarantee a refund. To cover these risks, we highly recommend that Members purchase travel insurance. Cancellation of classes or training programme sessions due to unforeseen circumstances may occur. For Teacher Training additional dates will be added if a cancellation is necessary. The Company reserves the right to cancel classes or sessions due to unforeseen circumstances that may occur. The House of Yoga reserves the right, at its discretion, to change or modify the schedule, move classes on-line or offer usage of a different studio/location.

PERSONAL BELONGINGS:

Personal belongings are brought in the studio premises at the member’s risk and The House of Yoga does not accept liability for any loss or damage whatsoever to such items. For security reasons members are advised to take valuables into the studio where they are to be placed in the appropriate cubby holes, and not leave them in the changing rooms Phones sounds must be completely silenced (sound and vibration off), or on airplane mode upon entry of the Studio User into the Studio, and throughout the Studio User’s entire visit

ATTIRE & FOOTWEAR:

When attending classes wear a form of dress appropriate to the practice of Hot Yoga Footwear should be removed on entry to the premises and left on the racks provided in accordance with the instructions

FITNESS & HEALTH:

Studio Users are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities. Studio Users with the following conditions should not attend class: low/high blood pressure and cardiac irregularities. If there is any doubt, the Member should consult his/her doctor. Members must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.

SAFETY & HYGIENE:

Smoking is not allowed anywhere on the premises No crockery, glass or food is permitted in the changing rooms or yoga studio(s) Studio Users are requested not to walk around the Studio, changing rooms or showers barefoot if they have foot complaints (please wear flip flops) Studio Users must use the appointed entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason In the event of a fire, Studio Users are asked to make their way to the nearest available exit

GENERAL GUIDELINES:

Studio Users must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Studio Users Studio Users are required to give written notice to the Company of any change of address, email or contact number. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of mailing to the last address notified to the Company The Company reserves the right to refuse admission to the Studio A person who is not a Member or Studio User has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Membership agreement or use any of the facilities provided by the company The Company may, if a Studio User so wishes, communicate with the Studio User by electronic mail (“email”). By providing an email address to the Company, the Studio User consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Studio User also accepts any risk that email may not be a fully secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member in this manner

LIMITATION OF LIABILITY:

The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alterations except insofar as loss is by law, incapable of exclusion. It is the Studio User’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme that they follow or class that they attend. Studio Users accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class. The Company accepts no liability for loss or damage to property or injury of Studio Users on the Studio premises or outside the Studio except insofar as such loss, damage, or injury is by law incapable of exclusion.

PRICING OPTIONS Ts&Cs

We allow for the cooling off period of 14 days for online sales on unused packages, apart from this any class package, membership, workshop or event purchase is non refundable.

INTRO OFFER

Offer available to new clients that have never attended the studio before Unlimited use for 30 days from the first class

CLASS PASSES

Single Class: Single Class Use Only Valid for 1 month from date of purchase.

5 Class Pass: Activates on date of purchase with a 2 month expiry If you cancel your booking in advance of the class your credit will be added back onto your account, however, if you do not show up for the class then you will lose 1 credit from your 5 class pass Passes are non-transferable and must be used only by the client named at purchase

10 Class Pass: Activates on date of purchase with a 12 month expiry If you cancel your booking in advance of the class your credit will be added back onto your account, however, if you do not show up for the class then you will lose 1 credit from your 10 class pass Passes are non-transferable and must be used only by the client named at purchase

MONTHLY MEMBERSHIPS

Release- Monthly Livestream: 30 Days of Unlimited Live Streamed Classes Auto-rolling monthly contract, cancel online any time before contract auto-renews Contract activates on the day of purchase Memberships are non-transferable and must be used only by the client named at purchase

Hybrid Opening- Monthly Unlimited: Unlimited classes to be used at putney/ fulham studio or livestream Autopay monthly membership Cancel anytime before contract auto-renews (1 week notice required) Membership activates on day of purchase Memberships are non-transferable and must be used only by the client named at purchase

ANNUAL MEMBERSHIPS

Hybrid Stability- Annual Unlimited: Unlimited classes to be used at putney/ fulham studio or livestream Autopay yearly membership Cancel anytime before contract auto-renews (1 week notice required) Memberships are non-transferable and must be used only by the client named at purchase Membership activates on day studios reopen

Livestream Equanimity- Annual Unlimited: 365 Days of Unlimited Live Streamed Classes Auto-rolling yearly contract, cancel online any time before contract auto-renews Contract activates on the day of purchase Memberships are non-transferable and must be used only by the client named at purchase

GIFT CARDS

Gift cards are only available for our Putney studio and have an expiry of 12 months from the date of purchase In order to redeem a gift card you must contact the studio (either by email, phone or stopping by) directly with your gift card number in order for us to activate it

WORKSHOPS & EVENTS:

TEACHER TRAINING

These are the boring bits that we need to honour in order to make our trainings run smoothly. Please take a moment to familiarise yourself with them. By applying for this programme you are agreeing to comply with these terms and conditions.

CERTIFICATION Our yoga teacher certification is designed to fulfill the requirements necessary to become a Yoga Alliance (RYT) Registered Yoga Teacher. To graduate, a student must complete all of the programme curriculum that the training assigns. This will include: class participation, exams, hands-on techniques, written and practical assignments, homework, special extra credit projects, attendance and timely completion of all assignments. Students are required to make up all class hours missed, both excused and unexcused, by making arrangements with the Facilitators.

STUDENT CONDUCT Students are required to follow all THoY rules and procedures. Students will be expected to behave in a professional manner at all times. Standards of conduct policies include, but are not limited to: / No sexual harassment of any type or form will be allowed / No substance use or abuse during THoY training hours will be accepted / No smoking allowed on THoY premises or during online training hours / No breach of confidentiality will be tolerated / Please be mindful to personal hygiene during the programme / Harassment of THoY team and peers will not be tolerated Failure to comply with the standards of conduct policies will be handled by the Facilitator. Failure to comply will lead to conduct warning or dismissal

LEAVES OF ABSENCE Due to medical disability or exceptional circumstances, a leave of absence will be granted. In this event, the student will have the opportunity to join the next available training. Where applicable students may need to pay the difference for this training. Each circumstance is reviewed individually.

ATTENDANCE AND TARDINESS One hundred percent attendance is required. Any missed hours will have to be made up before the end of the Programme. We ask that you play full out and are fully engaged throughout the training. All classes will start on time and students are expected to be present and ready to participate at the appointed starting time. Students will not be allowed to join the session if they arrive late. Students that need to make up hours will be expected to pay a fee to join another course or to cover extra facilitation hours. If a student misses more than Two weekends, they will need to join another course to complete their 200hr certification. Students are expected to notify THoY if they intend to withdraw from the programme. Any student who fails to attend a weekend intensive without communication will be initially contacted and assumed withdrawn if this is unsuccessful.

CANCELLATION / MODIFICATION Cancellation of classes or sessions due to unforeseen circumstances may occur. Additional dates will be added near the end of the programme if a cancellation is necessary. In light of the Coronavirus outbreak, The House of Yoga reserves the right, at its discretion, to change or modify the course schedule or to convert in person classes or programmes to an online format.

REFUNDS- IN STUDIO + HYBRID / The application fee of £500 is non-refundable except in the case of a declined application / Due to the restrictions on numbers for in studio trainings, this programme is non refundable except in the event of unexpected medical circumstances (minus application fee/deposit) / No refunds will be made after the programme start date

REFUNDS- ONLINE / With our online training we want to make sure that you’ve made the right decision. That’s why anyone who enrols has a guarantee that they’ll love the programme, and if you don’t think it’s the right fit for you, just let us know within 30 days of the programme starting and we’ll give you a full money back refund

STUDENT FEEDBACK AND COMPLAINTS We welcome feedback as we know that any feedback helps to improve not only us as individual facilitators but as a team and training programme. Complaints may be presented to the facilitators, at which time they will do their best to come to a solution that supports both sides.

Example

Terms of Sale of Online Yoga Instruction

Background:

These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content is sold by Us to Consumers through this website, www.cakeandyogaclub.com (“Our Site”).

Terms and information that are specific to accessing yoga instruction from or via Our Site using pre-recorded content hosted on Vimeo or live classes on Zoom are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale.

Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing the Course or Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Course or Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Course of Subscription and access Paid Content through Our Site.

All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

are required by law to give to You before You order a Course or Subscription; or voluntarily give to You and You rely on it either when deciding to order a Course or Subscription or when, subsequently, You make any decision about the Course or Subscription.

We give You some of that information before You order a Course or Subscription and some it is set out in these Terms of Sale and the attachment below.

These Terms of Sale, as well as any and all Contracts, are in the English language only.

These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Course or Subscription;

“Background Items”

means background and other information or materials about the history and practice of Yoga, downloadable or viewable as text/graphics;

“Consumer”

means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract”

means a contract for the purchase of a Course or Subscription to access any Paid Content, as explained in Clause 7;

“Paid Content”

means any content (including text, physical workbook, graphics, images, audio, and video) comprising Yoga and/or any training, teaching, guidance or instruction session or course, or any Background Items and other materials or information, which We offer. The sessions, courses, Background Items and other information or materials are sold by Us through Our Site and made available by Us on Our Site by means of pre-recorded non downloadable video and/or audio; downloadable or other viewable text, graphics or other items or information, including Background Items, live stream video via Zoom.

Paid Content will be more fully described in other information that We give or make available to You before You order a Course or Subscription. That information may include the name of any teacher(s) or other individual(s) presenting any content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;

“Subscription”

means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:

one or more specific single events or items; and/or

one or more series or collections of two or more specific events or items; and/or

one or more or all types of events or items available on or via Our Site; and the Background Items.

We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription (as to which, see sub-Clause 7.4.6).

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

“Subscription Confirmation”

means Our acceptance and confirmation of Your purchase of a Subscription;

“Subscription ID”

means the reference number for Your Subscription; and

“We/Us/Our”

means Cake & Yoga Club LTD, a company registered in England under 12095301, whose registered address is 101 Lister House, 85 Plough Lane, SW17 0QU.

Contacting Us

If You wish to contact Us with general questions, You may contact Us by email at hello@cakeandyogaclub.com.

For matters relating to Paid Content or Your Subscription or Account, please contact Us by email at hello@cakeandyogaclub.com

For matters relating to cancellations or refunds, please contact Us by email at hello@cakeandyogaclub.com or refer to the relevant Clauses above.

To make a complaint, see Clause 15.

Consumers only and Age Restriction

Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is aged at least 18 years of age may they do so.

Business Customers

These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

Subscriptions, Paid Content, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. Please note, however, that minor differences or discrepancies that may occur.

Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.

We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least one week before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.

Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least one week before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.

Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every six months. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).

All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within one week, We will treat Your order as cancelled and notify You of this in writing.

If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.

If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.

All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Orders – How Contracts Are Formed

Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

Subscription Confirmations shall contain the following information:

Your Subscription ID;

Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;

The duration of Your Subscription (including the start date, and the expiry or renewal date);

Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;

In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; and In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within one week.

Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription (unless You specifically request that We make a refund using a different method).

Payment for Subscriptions

Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).

We accept the following methods of payment on Our Site:

Visa;

American Express;

Mastercard;

Discover.

If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within one week of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

If You believe that We have charged You an incorrect amount, please contact Us at hello@cakeandyogaclub.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

Provision of Paid Content

We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.

All Paid Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.

9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Us) or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period then We will either provide a full refund or an on-demand class to compensate You for any inconvenience or loss that You suffer as a result.

9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.

9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

9.4.1 To fix technical problems or to make necessary minor technical changes;

9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.

9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than two weeks, You may end the Contract as described below in sub-Clause 13.2.

9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within one week of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.

Licence

When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).

The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:

You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’)

Problems with the Paid Content

We aim to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

If the Paid Content has faults, You will be entitled to a repair or a replacement.

If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.

Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

If there is a problem with any Paid Content, please contact Us at hello@cakeandyogaclub.com to inform Us of the problem.

Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.

Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method. For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

Cancelling Your Subscription

If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

If You wish to exercise Your right to cancel under this Clause 12, for Your convenience our hosts Memberspace offer a cancellation form within your account . If You would prefer to contact Us directly to cancel, please use the following details:

Email: hello@cakeandyogaclub.com

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.

Your Other Rights to End the Contract

You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.

If We have suspended availability of the Paid Content for more than two weeks, or We have informed You that We are going to suspend availability for more than one month, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a refund.

If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund.

If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.

You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.

Our Liability to Consumers

We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:

We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or

The damage has been caused by Your own failure to follow Our instructions; or

Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.

Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

15.3.2 By email, addressed to Immy at hello@cakeandyogaclub.com

How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice and Cookie Policy.

Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

Law and Jurisdiction

These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Use of Vimeo OR Zoom to access yoga online instruction

We offer yoga instruction online (referred to below as “Instruction”) as an alternative that You can choose when You cannot attend a class in-person for any reason.

We use technology which allows Us to provide You with Instruction provided that You have the appropriate technology (see below) to receive that Instruction. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”) OR on-demand streaming via Vimeo.

Where We are to make any of the Instruction available by means of Zoom OR Vimeo rather than any other platform, it will be on the following basis.

The technology that We will be responsible for providing

We will subscribe to Zoom and Vimeo and will pay any necessary fees to maintain that subscription. It will enable Us to act as “host” and to provide the Instruction to You over the internet via the Zoom or Vimeo facility.

To receive or participate in any yoga instruction via Zoom or Vimeo, You will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for use of the Zoom or Vimeo facility or to join that session: You will only need to pay for the Instruction made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom or Vimeo App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom or Vimeo.

The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Instruction via Zoom and Vimeo.

You will need have access to and use the following non-exhaustive list of facilities for this purpose:

An appropriate functioning Device which is adequately charged; An up to date Zoom and Internet App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Instruction;Stable, reliable, internet access with adequate speed; A safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out exercise; Suitable exercise clothing; and a yoga mat / grippy material beneath feet and, as advised by Us before You place Your order for a Subscription, any other exercise equipment that You will need.

We do not make supply or make available the Zoom or Vimeo platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom or Vimeo as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the Zoom or Vimeo platform but is instead downloadable directly from Our Site.

Scope of what We provide

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, We may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable to You under sub-Clause 14.3.

We will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Instruction that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):

Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or

Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or

Failure of or defect in the Zoom, Vimeo, Squarespace or Memberspace platform used by Us or You to make Instruction available to You; or Your inability to access Instruction due to failure of or defects in Our Site etc.

Account setup needed

In order to purchase any Subscription and receive any Instruction, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

You will be asked for additional information regarding Your Account, such as Your email address and postal address.

Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Instruction. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

If You wish to close and delete Your Account, You may do so via your Memberspace profile.

Your privacy and security on each occasion when You access Instruction

Where any Instruction that You access is two way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless We have specified that it is to be made available on that occasion only to You as an individual private session.

Therefore, unless We specify that a particular two way session is only accessible to You, the following will apply to such a session:

When You sign in to Zoom, You should indicate Your first name only since Your name will be visible to Our other customers taking part; You understand and are aware that there is a risk that other customers and other people may see and hear via the video and/or audio facilities of the Zoom App and Your Device not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session; The space You use should be free of others and it should be difficult to see or hear via the Zoom App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones; There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information; We cannot ensure privacy or confidentiality due to the nature of two way sessions involving customers in addition to You; and In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two way session in order to protect Your privacy and that of others in or near that space.

We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

Fitness, Health and Safety

You acknowledge and agree that:

An exercise session (“event”) may be physically strenuous;

Certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition; Due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident; The teacher at each event will be appropriately qualified as a yoga teacher and will be competent to conduct the event; Any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional; You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You; When You setup an Account, and also when You purchase any Subscription, course, book and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase.

You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event.

When You purchase a Subscription and at least 48 hours before You participate in any event, We advise You to tell Us:

(a) Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at an event;

(b) Of any medical condition or if You are taking any medication which may affect Your ability to undertake any activities at an event or to use any equipment or facilities that You will or might use;

(d) If You are pregnant, and if so how many weeks you are into Your pregnancy.

We will discuss with You any such matter that You tell Us, and We will inform You if We decide not to accept Your order for a Subscription because of that medical, health or fitness issue or special need. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the issue.

PierreThoumsin / MYCharlie

Termes of Sales / Conditions de Ventes #30